Allahabad Court January 1976 Judgments
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Brij Behari Das Vs. the State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Jan-20-1976
Reported in: 1976CriLJ1407
ORDERH.N. Kapoor, J.1. This revision is directed against the order dated 20-8-1975 of the Addl. Sessions Judge, Ballia in Cr. Revision No, 57 of 1974 by which he rejected the revision against the order dated 19-3-1974 of the Addl. District Magistrate (Judicial), Ballia in Cr. Revision No. 12 of 1972. A revision was then filed before the Addl. District Magistrate (Judicial) Ballia in a ease under Section 145, Cr. P.C. which was decided by the S. D. M. Ballia by his order dated 10-11-1972. An objection was raised before the Addl. District Magistrate (Judicial) Ballia that the revision was not entertainable by him in view of the Government Order No P-8690/II-C-554/1961 dated September 29, 1967 (Appointment C Department), The Addl. District Magitsrate (Judicial) rejected that contention and ordered the case to be proceeded with. A revision was then filed before the Sessions Judge, Ballia which was ultimately decided by the Addl. Sessions Judge, Ballia by the impugned order. It is not clear...
Brij Mohan and ors. Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: Jan-19-1976
Reported in: AIR1976All237
ORDERT.S. Misra, J.1. In all these four Writ Petitions acquisition of certain plots under the Land Acquisition Act, 1894 for a public purpose viz., construction of Sarda Sahayak Feeder Channel in district Rae Bareli is challenged. Since identical questions arise in these petitions it is desirable to dispose them of by one judgment.2. Writ Petition No. 180 of 1974 was filed by five petitioners on 12-2-1974. Petitioners 1 to 3 are the Bhumidhars of Plot No. 616 and petitioners 1, 4 and 5 are Bhumidhars of plot No. 550 situate in village Deopuri, District Rae Bareli. A notification under Section 4(1) of the Land Acquisition Act dated 22-8-1973 was published in the U. P. Gazette dated 1-9-1973. The said plots are specified in the schedule to the said notification. In the body of the said notification it was stated that the land was needed for a public purpose, namely, for the construction of Sarda SahayakFeeder Channel in District Rae Bareli. At the bottom of the notification also the said...
Jagdish NaraIn Bhatnagar and ors. Vs. the Additional District Judge (i ...
Court: Allahabad
Decided on: Jan-19-1976
Reported in: AIR1976All493
C.S.P. Singh, J.1. This is an appeal by the landlord-petitioners. An application was moved by him under Section 16 of the Rent Act for release of the accommodation. It was alleged that the premises had been allotted to one Sri R. P. Dangwal, A. D. M. (J) with the rider that the allotment order shall stand terminated on the expiry of 15 days from the date of making over charge of the post of A. D. M. (J), Bareilly. It was asserted that Sri R. P. Dangwal has already been transferred from Bareilly and that as a result, the house had fallen vacant and the premises should be released in favour of the landlord-appellants. The Rent Control and Eviction Officer held that a vacancy had occurred by the operation of law, and as such released the premises in favour of the landlord-appellants.On appeal, the District Judge found that the need of the landlord-appellants was genuine but held that inasmuch as the accommodation was neither factually nor notionally vacant, the application under Section 1...
Om Prakash Gupta and anr. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jan-16-1976
Reported in: AIR1976All371
Amitav Banerji, J.1. This is a reference by the Taxing Officer in the matter of the amount of court-fee leviable on an appeal filed against the decision of the Tribunal constituted under the U. P. Nagar Mahapalika Adhiniyam, 1959, (hereinafter referred to as the Adhiniyam). The appellants have filed a memorandum of appeal against the decision of the Tribunal and claim that they are liable to pay a court-fee of Rs. 5/- only and are not liable to pay ad valorem court-fees. The appellants have claimed a sum of Rupees 4,52,341.00 before the Nagarmahapalika Tribunal (hereinafter referred to as the Tribunal) but were awarded a sum of Rs. 36,560.70 only. In the present appeal the claim is in respect of a sum of Rupees 1,62,740.30 only. The Stamp Reporter has pointed out a sum of Rs. 13,035.00 is payable as court-fees on the memorandum of appeal. Two objections were filed on behalf of the appellants and it was stated therein that the above appeal is not directed 'against an award made by a Tri...
Dr. J.P. Kulshreshtha and ors. Vs. Chancellor, Allahabad University, L ...
Court: Allahabad
Decided on: Jan-12-1976
Reported in: AIR1976All376
ORDERK.N. Singh, J.1. Dr. J. P. Kulshreshtha end three other Lecturers in the English Department of the University of Allahabad have invoked the jurisdiction of this Court by means of this petition under Article 226 of the Constitution challenging the selection and appointment of Dr. Mrs. Hemlata Joshi and five others to the posts of Reader in the English Department of the University.2. In October 1970, six posts of Readers in the English Department of the Allahabad University were advertised. The petitioners, as well as respondents Nos. 5 to 10, Dr. Mrs. Hemlata Joshi, H. S. Saxena, Dr. R. R. Dutt, I. N. Agarwal, A. K. Bhattacharya and Dr. L. M. Upa-dhya, who were also Lecturers in the University in English Department, applied for the same. A number of other candidates from outside also applied for the same in the prescribed form. A Selection Committee was constituted in accordance with the provisions of the Allahabad University Act, 1921, and the Statutes and Ordinances framed thereu...
K.C. Sachdeva Vs. State
Court: Allahabad
Decided on: Jan-12-1976
Reported in: 1976CriLJ1208
ORDERH.L. Capoor, J.1. K.C. Sachdeva has preferred this application in revision against the order, dated 23rd November, 1971, of Sri P. N. Roy, Civil and Sessions Judge Allahabad, dismissing the revision and upholding the order of the learned Magistrate, dated 6th August, 1972, refusing the prayer of the applicant to dismiss the complaint and quash the proceedings.2. It is not disputed that Criminal Case No. 63 of 1969 had started against the applicant at the instance of the State through the City Magistrate Allahabad, on the allegation that Ram Sajiwan, driver of truck No. UPC 8690 went to the District Magistrate, City Magistrate and other officers sitting in the District Election Office, Allahabad, at 10.30 P. M. on 3rd February, 1969, and reported that M/s. Modern Servke Station had supplied diesel oil mixed with kerosene oil to his truck and also to other vehicles meant for election duty. The learned Magistrate, however, after considering the evidence on record arrived at the findi...
Chandra Kumar Sah and anr. Vs. the District Judge and ors.
Court: Allahabad
Decided on: Jan-09-1976
Reported in: AIR1976All328
ORDERM.P. Saxena, J. 1. The petitioners are the owners of building No. D-39/119 situate in Hauz Katra, Varanasi, and are carrying on sole selling agency business of Cinni Fans, Tullu and Shiva Water pumps in the first, second and third floors of it. The respondent No. 3 are tenants of a shop in the ground floor of the same building. As the petitioners require accommodation on the ground floor for a show-room for their products they requested the respondent No. 3 to vacate the shop but in vain. Therefore, on 7th September, 1971, the petitioners filed an application under Section 3 of the U. P. (Temporary) Control of Rent and Eviction Act, 1947 (hereinafter referred to as the old Act) for permission to file a suit for ejectment of respondent No. 3. The latter filed objections. During the pendency of the said application the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter called the new Act) came into force. The petitioners got their application ame...
Onkar Nath Asrawal and ors. Vs. State
Court: Allahabad
Decided on: Jan-09-1976
Reported in: 1976CriLJ1142
J.P. Chaturvedi, J.1. This reference arises out of two applications for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973. Criminal Misc. Bail Application No. 4386 of 1975 is by Onkar Nath Agrawal, Rajendra Nath Agrawal and Mahendra Nath Agrawal, who were alleged to have committed a non-bailable offence under Section 7 read with Section 3 of the Essential Commodities Act and Tractors (Distribution and Sale) Control Order, 1971. Criminal Misc. Bail Application No. 4408 of 1975 is by Jyoti Prasad Misra, who apprehended his arrest for an offence under Rule 43 read with Rule 36 of the Defence of India Rules and under Section 121 of the Indian Penal Code.2. A preliminary objection as to the maintainability of the applications in the High Court appears to have been taken by the learned Government Advocate inasmuch as the applicants did not move the Sessions Judge concerned before making an application for anticipatory bail in the High Court. Accordingly the followin...
Prem Char an and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Jan-09-1976
Reported in: 1976CriLJ1451
ORDERH.N. Kapoor, J.1. These two connected revisions are directed against the orders dated 13-9-1975 and 26-9-1975 passed by the Sessions Judge of Bareilly ordering that the applicant Prem Charan, Lekhraj and Ram Autar (Bail Application No. 1550 Of 1975) end applicant Ram Swarup (Bail Application No. 1710 of 1975) be released on bail merely on the technical ground that the charge sheets under Section 302/ 201, I.P.C. had not been submitted within sixty days as provided under Section 167(2), Cr. P.C. The learned Sessions Judge made it clear that bail was also allowed on this technical ground only and he further observed that the Magistrate shall take proper action in the light of the observation of the Hon'ble Court at the stage of committal. Reference was made to the High Court Division Bench decision in the case of Laxmi Brahman v. State (1975) 1 All LR 439 : 1975 All WC 369 : 1976 Cri LJ 118. The applicants were aggrieved by this direction given by the Sessions Judge and so filed the...
Jamshed Vs. State of U.P.
Court: Allahabad
Decided on: Jan-09-1976
Reported in: 1976CriLJ1680
G.D. Srivastava, J.1. Jamshed alias Dabli has come up in appeal against the judgment of the IVth Additional Sessions Judge, Aligarh finding him guilty under Sections 394 and 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life under the former count and to death under the latter count. The appellant is said to have committed the murder of Smt. Anwar Begum alias Anwar Fatima, wife of Chhuttan (P.W. 8) and daughter of Shamsuddin (P.W. 1) on 10-3-74 at about noon in her house in mohallah Chaucharian, Police Station Atrauli, district Aligarh. The deceased and her husband Chhuttan used to reside in a house in the aforesaid mohallah and in those days these were the only two inmates of the house because other members of the family were out. The house of Shamsuddin is in the same locality at a distance of 1 or 1-1/2 furlongs, On 10-3-74 Chhuttan left his house in the morning for 'shikar'. Because the wife was to live all alone in the house in his absence, he thought...
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