Allahabad Court February 1984 Judgments
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Ram Prasad (deceased by L.R's) Vs. Nisar
Court: Allahabad
Decided on: Feb-14-1984
Reported in: 1984CriLJ1250
ORDERN.N. Sharma, J.1. This revision is directed against order dated 25.3.1980 in Case No. 15/11 of 1979 under Section 145 of Cr.P.C. recorded by Sri K.R. Shilpkar, learned City Magistrate, Muzaffarnagar by which he declared possession of Nisar first party on the plots in dispute who was held to have been in possession over this holding two months prior to the arising of the dispute; his possession was to be maintained till he was evicted in due course of law; revisionist was restrained from interfering with his possession till then; S.O. Kotwali was to be informed accordingly.2. The proceedings were initiated on the report of S.O. Kotwali dated 12.2.1976 who submitted his report about the triangular claims put forward about possession over the plots in dispute, viz., 2730, 2705 and 2704 by Nisar Ahmad son of Lala, Buddhu son of Rahim Bux and Dal Chand stm of Jaharia Singh. Revisionist traced his claim through Budhu, alleged Mukhtaream of Serajuddin and alleged that he cultivated this ...
Ram Subhawan and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Feb-13-1984
Reported in: 1984CriLJ1161
ORDERK. Nath, J.1. Revisionists Ram Subhawan and Ram Shankar, sons of Jagai Verma, have been convicted for an offence under Section 39 of the Indian Electricity Act read with Section 379 I.P.C and sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 200/- each, or in default of payment of fine to undergo further rigorous imprisonment for two months.2. The appeal against the conviction and sentence, recorded by the learned Magistrate, was dismissed by the Additional Sessions Judge, Faizabad.3. The prosecution case is that Ram Murat Lal, Avar Abhiyanta of Satarkata Adhisthan of the Electricity Department, received information of theft of electricity in the locality and consequently on 11.10.1979 at about 3.45 P.M. he, along with his colleague R.P. Gupta (P.W. 3), Lineman Salig Ram (P.W. 4) and a police force consisting of S.I. Pauhari Singh P.W. 2, and a couple of constables Radhey Shyam Dubey and Girja Shankar Misra, made a raid of the premises of the rev...
Rashid HussaIn Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Feb-09-1984
Reported in: I(1984)ACC458
M.N. Shukla, J.1. This is an appeal Under Section 110-D of the Motor Vehicles Act on behalf of the claimants arising out of an order dated 23-12-1976 passed by the U.P. Motor Accidents Claim Tribunal (II Additional District Judge, Allahabad) awarding a sum of Rs. 1280/- only as compensation.2. The brief facts of the case are that one Tanzim Rashid, aged about 5 years, died on account of the injuries sustained by him in the accident caused by the rash and negligent driving of Ambassador Car No. XB 34024, belonging to the Air Force under the Union of India. The occurrence is said to have taken place on 3-2-1975 at about 9 A.M. in Begum Bazar, Allahabad. It is alleged that the driver negligently and rashly, without blowing the horn dashed the vehicle against the child who died on account of the injuries sustained in the accident.3. The claimants are the parents and they lodged a claim for Rs. 23,700/- by way of compensation. The Tribunal recorded a finding that there was negligence on the...
Baljit Singh (deceased by L.R's) Vs. J.i. Cunnington and Ors.
Court: Allahabad
Decided on: Feb-08-1984
Reported in: AIR1984All209
B.D. Agarwala, J.1. This appeal is directed against an order of the First Civil Judge, Meerut dated November 16, 1962 under Order 34, Rule 5 (3) of the Civil P. C. 2. The facts relevant briefly stated are that the Bank of Upper India Limited (since liquidated), instituted O. S. No. 100 of 1927 in the Court of Sub Judge, Meerut for recovery of a sum of Rupees 23.993-68 besides interest on the basis of a mortgage deed dated July 13, 1927. The property mortgaged comprised of share to the extent 2/5 in the zamindari properly situate in villages specified in Schedule 'A' and. 2/5 share for bungalow No. 245 situate in Cantonment Area, Meerut besides mango trees in the compound referred to in Schedule 'E' to the plaint, The suit was decreed by the trial court on December 22, 1928 A preliminary decree was passed under Order 34, Rule 4 C. P. C. and the time granted to the judgment-debtors for payment of the decretal amount was up toJune 22, 1929. The first Appeal No. 136 of 1929 filed by the de...
Jayanti Prasad Sharma Vs. Ramshri Devi
Court: Allahabad
Decided on: Feb-08-1984
Reported in: I(1984)ACC110
O.P. Saxena, J.1. These are two connected appeals under Section 110-D of the Motor Vehicles Act against the award dated 30-3-77 made by the Motor Accident Claims Tribunal, Aligarh (V Additional District Judge) awarding a compensation of Rs. 40,000/- with pendentelite and future interest at 6% per annum and proportionate costs against the opposite parties Nos. 1, 4 and 6 and dismissing the petition against opposite party No. 3.2. The facts giving rise to these appeals are that on 4-11-72 between 1.30 P.M. and 2 P.M., on the Aligarh-Tappal Road, an accident took place in which Ram Pal Singh was seriously injured and he ultimately succumbed to the injuries. He was going on a cycle on his way back home and Truck No. U.S.D. 8292 came from behind and dashed against his cycle. He was removed to Malkhan Singh Hospital where he died on 16-11-72 as a result of the injuries caused to him during the accident.3. On 4-11-72 at 3.30 P.M., A.W. 3 Yad Ram Singh lodged report Ex. 4 at P.S. Lodha regardi...
Sardar Harbans Singh Vs. Shabbir Ahmad and ors.
Court: Allahabad
Decided on: Feb-03-1984
Reported in: 1(1984)ACC155
O.P. Saxena, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act against the award dated 29th July, 1980 made by the Motor Accidents Claims Tribunal, Aligarh (III Additional District Judge) awarding a compensation of Rs. 1,39,800/- out of which a sum of Rs. 50,000/-was payable by opposite party No. 3 and the remaining amount was payable by opposite parties Nos. 1 and 2.2. The facts giving rise to this appeal are that on 20.1.76 at 12.30 P.M. in front of the U.P. Government Roadways, Workshop, Aligarh on the Aligarh-Delhi Road, the claimant met with an accident. He was going on his cycle on the kachchi patri of the road. Truck No. U.T.D. 6072 belonging to opposite party No. 1 and driven by opposite party no. 2 came from behind and dashed against him. The front wheel of the truck crushed his right leg. Shabbir Ahmad received severe injuries. Opposite party No. 3 is the insurer of the truck.3. On 20.1.76 at 1 P.M., Dr. S.K. Saxena, Medical Officer, Civil Hospital, Aligarh...
Achhaiber and anr. Vs. Smt. Shakilunnisa Bibi and ors.
Court: Allahabad
Decided on: Feb-02-1984
Reported in: AIR1984All275
ORDERK.P. Singh, J.1. By means of this writ petition the petitioners have prayed for quashing the order of the Board of Revenue dated 29-10-1982 contained in Annexure '1' attached with the writ petition.2. Shorn of unnecessary details it appears that the petitioners-appellants applied to the court for issuing notice to some of the respondents in the appeal on the allegations that they had become major during the pendency of the second appeal before the Board of Revenue, hence according to the rule of natural justice they should get notice of the pendency of this appeal and after serving notice to them the appeal be heard. The prayer of the petitioner-appellants was refused by the learned member Board of Revenue through his order dated 29-10-1982. as is evident from Annexure '1' attached with the writ petition. Feeling aggrieved by the order dated 29-10-1982 the petitioners have approached this Court under Article 226 of the Constitution.3. The learned counsel for the petitioner-appella...
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