Allahabad Court November 1988 Judgments
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Bhaiyalal Vs. Ram Din
Court: Allahabad
Decided on: Nov-30-1988
Reported in: AIR1989All130
Amarendra Nath Varma, J.1. This is to plaintiffs second appeal arising out of a suit for specific performance of an agreement to sell the property said to have been executed by the defendant in favour of the plaintiff. The trial Court had decreed the suit. On appeal, the learned District Judge reversed the decree of the trial Court and dismissed the suit.2. Shortly stated, the plaint case was that on 14-4-69 he hold the house belonging to him in favour of the defendant for a sum of Rs. 4,000/- under a sale deed executed by the former in favour of the defendant The same day, the defendant executed an agreement to resale in favour of the plaintiff in respect of the said house. According to the terms set out in that agreement, the defendant was to execute the sale deed in favour of the plaintiff within two years, i.e. by 13-4-71 for the same amount, namely Rs. 4,000/-. Yet another document was executed by the plaintiff in the shape of rent note in favour of the defendant, the rent fixed t...
Mohd. Tariq Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Nov-30-1988
Reported in: 1990CriLJ474
ORDERS.I. Jafri, J.1. Heard the learned counsel for the applicant Sri M. Islam Advocate as well as the learned counsel for Union of India Ari S. P. Malviya.2. To summarise, the applicant Mohd. Tariq was wanted in case under Section 135 of the Customs Act triable by a Special Court presided over by the Chief Judicial Magistrate at Allahabad. Consequently a prayer for bail was made on behalf of the applicant in the court of Special Chief Judicial Magistrate, Allahabad chiefly contending that the applicant was minor and he was entitled to bail, besides pressing other points. The learned Special Chief Judicial Magistrate after satisfying himself upon perusal of the medical report as was sought by the learned Magistrate and other documents filed in support of the contention, that the applicant was a minor, admitted him to bail subjecting his release on bail to his furnishing two local sureties in a sum of Rs. 50,000/- each and further with a rider that the applicant shall not leave the city...
Ram Asrey Vs. State of U.P.
Court: Allahabad
Decided on: Nov-29-1988
Reported in: 1990CriLJ405
ORDERV.P. Mathur, J.1. Against three persons namely Ram Asrey -- the present revisionist, Hikmat Ullah and Pyare, a charge sheet was submitted for offences under Sections 354 and 225 of the Penal Code. The case came up for disposal before Mr. C. L. Verma, Munsif Magistrate, Banda. The learned Magistrate found Ram Asrey guilty on a charge under Section 354, I.P.C. and Hikmat Ullah and Pyare each guilty on a charge under Section 225, IPC. Pyare was found to be an old man of 55 or 60 years of age and was found to be unable to see. Hikmat Ullah was the son of Pyare. Pyare was sentenced to six months' rigorous imprisonment and Hikmat Ullah to one year's rigorous imprisonment under Section 225, I.P.C. Ram Asrey was sentenced to one year's rigorous imprisonment under Section 354, I.P.C.2. Criminal Appeal No. 18 of 1988 was filed against his conviction and sentence by Ram Asrey and it came up for disposal before Mr. S. K. Gupta, the then Sessions Judge of Banda. He dismissed the appeal and uph...
Sri Ram (Deceased by Lrs.) and anr. Vs. Chauthi (Deceased by Lrs) and ...
Court: Allahabad
Decided on: Nov-28-1988
Reported in: AIR1989All53
Amarendra Nath Varma, J. 1. This is a defendants second appeal arising out of a suit for injunction filed by the plaintiff-respondent restraining the defendants from interfering with his possession over the disputed land Both the courts below have concurrently held in favour of the plaintiff-respondent and decreed his suit. Aggrieved, the defendants have filed this second appeal. 2. Shortly, the plaint case was that at a private partition between Shankar (the predecessor in interest of the plaintiff- respondent), Hari (father of Mahengu, the appellant No. 2 herein) and Sri had taken place long ago and that at that private partition the disputed land came to the share of Shankar. Shri and Mahengu, the defendants in thesuit, were, however, illegally interfering with the plaintiff's possession over the land in suit and were trying to dispossess him therefrom. 3. The suit was contested by the appellants. Their defence was that no such partition had taken place in point of fact. Both the co...
Uma Shanker Pathak Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Nov-24-1988
Reported in: (1990)IILLJ109All
A.N. Varma, J.1. The petition assails the validity of the order dated October 19, 1982 passed by the Summary Court Martial held against the petitioner sentencing him to two months' rigorous imprisonment and reducing him from the rank of Havildar to ranks which means to the post of Sepoy on a charge which has been characterised in the counter-affidavit as petty theft.2. The order has been challenged on several grounds. Before, however, we deal with the grounds we may briefly summarise the essential facts. The petitioner joined the Army in January, 1972 as a Sepoy in Mahar Regiment. In course of time he was promoted as Lance Naik, and thereafter Havildar, claimed by the petitioner to be an out-of-turn promotion, which rank he was holding at the relevant time, i.e., September, 1982. As a Havildar he was in charge of the stores of the petitioner's unit which was at that time posted at Babina. Two guns described as unserviceable (non-service pattern) were found missing from the stores where...
Bajaj Packwell and anr. Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Nov-24-1988
Reported in: [1990]76STC386(All)
B.N. Misra, J1. Petitioner No. 1 is a proprietorship concern and registered under the U.P. and Central Sales Tax Acts. Pursuant to Government Order No. 8244 dated 30th September, 1982, the petitioner established a new small-scale industrial unit in the district of Meerut for the manufacture and sale of blended tea. The initial investment of the petitioner was less than rupees three lacs. Annexure 1 dated 17th/21st April, 1984, is a copy of the registration certificate granted to the petitioner by the Directorate of Industries. The petitioner was also registered under the Factories Act. On the application of the petitioner, it was granted eligibility certificate on 9th November, 1984, for exemption from payment of sales tax for a period of five years with effect from 1st January, 1984, vide annexure 2. However, the petitioner was served with a notice dated 20th June, 1987 (annexure 3), to show cause why the period of exemption should not be reduced. Annexure 4 dated 1st July, 1987, is a...
Prem Prakash Johar Vs. His Highness Sri Maharaja Vibhuti NaraIn Singh ...
Court: Allahabad
Decided on: Nov-21-1988
Reported in: AIR1989All51
A.N. Varma, J. 1. This is a defendant's second appeal arising out of a suit for ejectment of the appellant from an accommodation as well as for recovery of arrears of rent and damages for use and occupation for the period subsequent to the determination of the tenancy. Both the courts below having decreed the suit, the defendant tenant has filed this second appeal. 2. Shortly stated the plaint case was that the plaintiffs were trustees of the Maharaja Kashiraja Dharmakarya Nidhi and the premises in suit of which the defendant is the tenant were owned by them. The defendant was a tenant on behalf of the plaintiff oh a monthly rentalof Rs. 110/- undera registered lease dt/- 6-11-1960. The defendant fell in arrears of rent for more than 19 months. He also made material alterations in the building under tenancy without the consent of the plaintiffs where upon a registered notice was served on the defendant on behalf of the plaintiffs terminating the tenancy asking him to clear the arrears ...
Durgesh Cold Storage and Ice Factory, Gorakhpur Vs. U.P. Financial Cor ...
Court: Allahabad
Decided on: Nov-16-1988
Reported in: AIR1989All96
R.P. Singh, J.1. By means of this writ petition the petitioner has prayed for quashing of the sale of the petitioner's Cold Storage in pursuance of tender notice dt. 22-12-87 and further prayed that the execution of the sale deed on 22-2-88 in pursuance of the said notice may be cancelled and may not be given effect to.2. The facts of the case briefly stated are that the petitioner who is a registered firm carrying on the business of running of cold storage and Ice Factory at Gola Bazar, Gorakhpur, took a loan of Rs. 9,11,000/- from the U.P. Financial Corporation, Respondent I, in the year 1978 which was to be paid in instalments. However, due to non-supply of electricity to the cold storage the petitioner is alleged to have suffered huge loss as the potato stored in the cold storage was damaged and the petitioner had to pay a huge compensation to the fanners who had stored their potato in the cold storage. It is alleged that the petitioner had deposited Rs. 8 lacs between the period 1...
Vijay Prakaah S/O Late Panna Lal Vs. Union of India (Uoi), Through the ...
Court: Allahabad
Decided on: Nov-16-1988
Reported in: 1989(21)LC269(Allahabad)
1. Upon hearing learned Counsel for the petitioner and the standing counsel appearing for the respondents, this writ petition is finally disposed of with the direction that proceedings pursuant to the notice dated 9.12.1987 a copy of which has been filed as Annexure No. SA-1 to the supplementary affidavit filed by Sri P. B, Desh Pandey, following the search and seizure on 27.6.1987, shall be concluded by the Collector of Central Excise, Allahabad in accordance with law after affording an opportunity of hearing to the petitioner as required under the customs Act, latest by 31.12.1988. We further direct that the petitioner shall produce a certified copy of this order before the collector of Central Excise, Allahabad within seven days for compliance with the directions contained above.2. A certified copy of this order shall be handed over to the learned Counsel for the petitioner on payment of usual charges within 24 hours....
Smt. Rukhmina Devi Vs. State of U.P.
Court: Allahabad
Decided on: Nov-15-1988
Reported in: 1989CriLJ548
V.P. Mathur, J.1. This is an appeal against the judgment and order passed by Mr. Brij Mohan, the then 1st Additional Sessions Judge, Ballia on 11-9-1978 in Sessions Trial No. A 167 of 1974, wherein Smt. Rukmini Devi has been convicted and sentenced under Section 302, I.P.C. to imprisonment for life and under Section 309, I.P.C. to three months simple imprisonment and the two sentences have been made concurrent.2. The occurrence took place between 6.00 am. and 9.00 a.m. on 19-6-1974 in village Basirkapur, which lies within the police station of Haldi of district Ballia. The first informant is Laxman Prasad, the husband of Smt. Rukmini Devi, Appellant. An information was first communicated to the Thana concerned through Ext. Ka-18, a memo sent by Dr. K. N. Pandey which was received in the Thana at about 11.30 a.m. and on the basis of the same, the Investigating Officer came to Primary Health Centre, Dubahar where the deceased boy as well as the appellant were present, Laxman Prasad was a...
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