Allahabad Court August 1975 Judgments
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Sai Chandra Traders and anr. Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: Aug-22-1975
Reported in: AIR1976All230
ORDERHari Sarup, J.1. This petition has been filed for quashing the orders of the Divisional Superintendent, Central Railway and for issue of a writ in the nature of mandamus to direct the respondents to make available the wagons to the petitioners for loading stone ballast at the rail siding at Shankergarh.2. The case of the petitioners, in brief, is that they had taken a stone quarry on lease for supplying ballast to the State Government. They wanted to load the ballast at the Railway siding in dispute at Shankergarh and for that purpose required the Railway Administration to make available the wagons at that place. The Railway Administration made available the wagons on some occasions but then refused to make them available atthe siding. According to the petitioner this action of the Railway Administration is contrary to law.3. The case of the Railway Administration, on the other hand, is that the siding in dispute is not a public railway siding but is a private siding for the use o...
Visheshwar Pathak and ors. Vs. State
Court: Allahabad
Decided on: Aug-18-1975
Reported in: 1976CriLJ1823
ORDERH.N. Kapoor, J.1. Petition No. 2158 of 1975 has been filed by 45 persons, who originally belonged to the P. A. C, Force for quashing the criminal proceedings started on the basis of three first information reports in crimes Nos. 169, 170 and 171 of 1973 against them and subsequent commitment orders and pending Sessions trials Nos. A-244 and A-422 of 1974. Cr, Misc. No. 2602 of 1975 was. in fact, an application for bail in the main Cr. Misc. No. 2158 of 1975. In Cr. Misc. No. 2602 of 1975, 27 persons were allowed to be released on parole for short term. This period was extended from time to time and according to the last order passed by this Court the period of parole was extended for one randomly on 21-7-1975. Now there is no question of granting bail to these persons in these proceedings as the main petition itself is being disposed of.2. The facts of the case are that there was a revolt by the P. A. C. personnel in Gorakhpur in which arms and ammunition were taken away by the .p...
Shyam Lal Sharma Vs. State
Court: Allahabad
Decided on: Aug-14-1975
Reported in: 1976CriLJ745
ORDERHari Swarup, J.1. This revision has been filed against an order of the Sessions Judge exercising his powers under Section 437, Cr.P.C. He directed that accused Shyam Lai be committed for trial to the court of Session under Sections 467 read with Sections 109 and 468 read with Section 109, I.P.C. The learned Magistrate iutd discharged Shyam Lai. That order has been set aside and the Magistrate has been directed to take accused Shyam Lai Into custody and commit him for trial.2. The facts in brief are that an application had been moved by one Smt Ratna under Section 134 of the U.P. Zamindari Abolition and Land Reforms Act for obtaining sanad in respect of certain plots of land. She claimed to lie a co-sharer along with one Tej Singh. The application also purported to show consent of Tej Singh regarding the deposit of money by Smt. Ratna for obtaining the Sanad. Tej Singh, however, denied that the thumb impression was his. This thumb impression is said to have been identified by accus...
Indian Explosives Ltd. Vs. Commissioner, Sales Tax and ors.
Court: Allahabad
Decided on: Aug-12-1975
Reported in: [1978]41STC315(All)
R.L. Gulati, J.1. This is a petition under Article 226 of the Constitution by a company, called the Indian Explosives Limited, having its registered office at Calcutta. It runs a factory for the manufacture of fertilizers at Panki District, Kanpur, within the State of Uttar Pradesh. The principal raw material used in the manufacture of fertilizer is raw naphtha, refined from crude oil at the refinery of the 5th respondent, the Indian Oil Corporation Limited at Barauni in the State of Bihar. For the regular supply of raw naphtha the petitioner-company entered into an agreement with the Indian Oil Corporation Limited (hereinafter referred to as the IOC) on 9th February, 1970. The terms of the agreement, which are relevant for our purposes, are to the following effect:(a) The duration of the agreement is for a period of 10 years beginning from 10th September, 1969 and ending on 31st December, 1970 (sic). The agreement, however, will continue thereafter also unless it is terminated by eith...
Hasmat Ullah Vs. District Magistrate, Basti and ors.
Court: Allahabad
Decided on: Aug-11-1975
Reported in: AIR1976All62
K.B. Asthana, C.J.1. This is an anneal by the petitioner against the dismissal of his writ petition by a learned Single Judge. The petitioner had questioned the validity of an order of suspension. Passed against him by the District Magistrate, Basti exercising the powers of the Zila Parishad, of Basti. The petitioner was employed as an Engineer at the material time in the Zila Parishad. Some reports were made against him and investigation into the allegations were made and the material so collected at the investigation satisfied the District Magistrate as being prima facie genuine. He directed that an enquiry into the conduct of the petitioner be made. By an order dated 22-8-1974 the District Magistrate appointed a committee of enquiry and framed charges. He further directed that the charges be served on the petitioner and pending enquiry he be suspended and 1/4th of his pay was ordered to be paid to him as subsistence allowance. In due course the charges were served on the petitioner ...
K.B. Agarwala Vs. Smt. Chandrawati and ors.
Court: Allahabad
Decided on: Aug-08-1975
Reported in: AIR1976All15
Mehrotra, J.1. This special appeal is directed against the judgment of a learned single Judge of this Court. The brief facts are these; The appellant before us, Sri K. B. Agarwala, is the landlord of premises No. 21, Muir Road. Allahabad. He initiated proceedings under Section 21 of the U. P. Act No. 13 of 1972 against the late Pt Shiv Charan Lal who was alleged to be the tenant of the said premises. It was alleged that he had left the residence in the said premises and had shifted to Khair in the district of Aligarh. It was alleged that Pt. Shiv Charan Lal had illegally permitted the respondents Nos. 3 and 4 to reside in the said premises. The landlord also averred that he was in personal need of the house in question. The three opposite parties to the application under Section 21, namely, Pt. Shiv Charan Lal as well as the respondents Nos. 3 and 4 took several pleas in defence. An application under Order 11, Rule 1, Civil Procedure Code was moved by Pt. Shiv Charan Lai seeking leave ...
Makhan Lal Vs. Mst. Chandravati and ors.
Court: Allahabad
Decided on: Aug-08-1975
Reported in: AIR1976All321
Gopi Nath, J.1. This is a defendant's appeal arising out of a suit for possession and recovery of Rs. 2201 by way of damages for use and occupation at the rate of Rs. 30 per month. The suit was based on title and the defendants were alleged to be trespassers. The defence was that they were tenants and could not be ejected without a valid notice under Section 106, T. P. Act terminating their tenancy.2. The facts giving rise to the suit were as follows :--3. The plaintiff-respondent was the landlord of the disputed premises which were governed by the provisions of U. P. (Temporary) Control of Rent and Eviction Act (hereinafter referred to as 'the Act'). Behari Lal, the predecessor in-interest of the appellant, was the tenant of the premises at a monthly rent of Rs. 23. Behari Lal fell into arrears and a suit for ejectment and arrears of rent was filed against him. The suit was decreed for arrears of rent only. It appears that the decretal amount remained unpaid for some time and the land...
Smt. Imaman Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Aug-07-1975
Reported in: AIR1976All85
Gopi Nath, J. 1. This is a plaintiff's appeal arising out of a suit for recovery of Rs. 10,000/- by way of damages for an accident which the plaintiff's husband suffered at railway station Katoghan on the Northern Railway. The plaintiff's husband was knocked down by a goods train on 10-5-1966 on that station.2. The plaintiff's case was that Sri Babu Lal alias Babu Khan, the plaintiff's husband, had to go to Khaga by a passenger train on 10-5-1966 in the morning. The train was about to arrive at 8 a. m. He went shortly before that time and purchased ticket No. 19375 for Khaga. It is admitted by the defendant-respondent that there was no over-bridge at the Katoghan railway' station for platform No. 3 where the passenger train was to arrive, and passengers used to cross the railway lines in order to reach that platform. Babu Khan having purchased the ticket went to platform No. 3 on the announcement that the train was arriving. The platforms of this station are not high according to the s...
Nathu Lal Vs. State
Court: Allahabad
Decided on: Aug-07-1975
Reported in: 1976CriLJ358
ORDERHari Swarup, J.1. This revision has been filed against an order refusing to release the property pending in a criminal trial. The applicant was being prosecuted for an offence under Section 4 of the Public Gambling Act. Certain properties, i. e. a watch, a ring and currency notes of Rs. 200 were seized under Section 13 of the Act and brought to the court. The accused moved an application for release of these properties. The trial Court rejected the application. This order is now being sought to be revised.2. The Order could be passed only under Section 451 of the Criminal P.C. 1973^ which reads as under:When any property is produced before any criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks nec...
Jai Pal Singh Naresh and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-06-1975
Reported in: 1976CriLJ32
ORDERK.N. Singh, J.1. This is a petition under Article 226 of the Constitution for quashing the Government Order dated 15th March, 1975, placing the assistant Public prosecutors under the administrative and disciplinary control of the Superintendent of Police at the district level and the Inspector General of Police at the State level.2. Prior to the enforcement of the Code of Criminal Procedure, Act II of 1974, the prosecuting agency in the District consisted of the Assistant Public Prosecutor, Public prosecutor and Senior public prosecutor. They were enrolled as members of the police force under Section 2 of the Police Act. For purposes of disciplinary and administrative concontrol they were members of the police force and liable to departmental trial and punishment under Section 7 of the Police Act for remissness and negligence in the discharge of their duties. Since they were members of the police force, the administrative and disciplinary control was being exercised over them by t...
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