Allahabad Court December 1989 Judgments
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Rajnish Kumar and Another Vs. the District Judge, Pilibhit and Others
Court: Allahabad
Decided on: Dec-22-1989
Reported in: AIR1991All25
ORDER1. The two petitioners are plaintiffs in suit No. 96 of 1977 pending in the file of the Munsiff of Pilibhit. The suit was for eviction of respondent No. 2 on the ground that respondent No. 2 was merely a licencee under the petitioners and as the licence had already been revoked, he had no right to continue to remain in possession of the disputed property. According to the petitioners, the shop in question marked ABCD in the map attached to the plaint, originally belonged to respondent No. 2 and by virtue of a registered deed of sale, dated 24-5-1967, respondent No. 2 sold the said shop to the petitioners. However, from the date of sale, i.e. 24-5-1967, respondent No. 2 was allowed to remain in possession of a portion of the shop marked OPQR within ABCD. Respondent No. 2 filed his written statement and, inter alia, pleaded that the father of the petitioners from whom he had taken a loan of Rs. 300/- had obtained the sale deed from him by fraud and undue influence. Respondent No. 2 ...
Dr. Surabhi Rai Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-22-1989
Reported in: AIR1990All166; (1990)1UPLBEC331
ORDERR.A. Sharma, J.1. By this writ petition the petitioner, Dr. Surabhi Rai has prayed for a writ of direction in the nature of mandamus directing the respondents to admit the petitioner in the First Year Residency Course, 1989 in the subject of Obstetrics and Gynaecology in Moti Lal Nehru Medical College, Allahabad (hereinafter referred to as the Medical College) after correcting the merit index of the petitioner in accordance with the statutory Notification dated 15-12-1982.2. For completing the M.B.B.S. course a candidate has to appear successfully in three professional examinations. The petitioner passed the first professional examination in November, 1983. In the second professional examination held in November, 1985, petitioner did not appear in two subjects of Forensic Medicine and Community Medicine and in other two papers of Pathology-Microbiology and Pharmacology petitioner appeared only in second paper and theory paper respectively. It is alleged by the petitioner that as d...
Abdul Qayume Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Dec-22-1989
Reported in: (1990)86CTR(All)66; [1990]184ITR404(All); [1990]50TAXMAN171(All)
R.K. Gulati, J. 1. This is a reference under Section 256(1) of the Income-tax Act, 1961 (for short 'the Act'), both at the instance of the Commissioner of Income-tax, Meerut, and the assessee, Abdul Qayume. It arises out of the income-tax proceedings for the assessment year 1973-74.2. The assessee was the owner of a property known as New Market, Shahghasa Bazar, Meerut. He sold it to one Dharam Das Jain subject to a stipulation to purchase it back. In pursuance of the said agreement, the assessee, along with Dharam Das Jain, by a registered sale deed dated February 12, 1963, sold the said property to two persons, namely, Vishnu Kumar Gupta and Sheelal Gupta (hereinafter referred to as the 'Guptas'), for a consideration of Rs. 30,000. On the same day, a contemporaneous document was executed by the Guptas agreeing to resell the property to the assessee for that amount within a period of three years. By another document of the same date, the property was given on lease to the assessee. Su...
Somnath Paul Vs. Ram Bharose
Court: Allahabad
Decided on: Dec-22-1989
Reported in: 1991CriLJ2499
Palok Basu, J.1. In short, the controversy in all these matters is as to whether if and when a licence to live in a quarter is revoked by a liceneesor, can the licensee be prosecuted for an offence Under Section 448, IPC.2. Criminal Appeal Nos. 207 of 1981, 208 of 1981, No. 209 of 1981 and No. 210 of 1981 related to matters which, according to the learned counsel for the appellants have become infructuous and on the strength of his statement these are being dismissed as not pressed. These four matters related to acquittals of Ram Lakhan, Jogendra Singh, Sarabjeet Singh and Bhullau. Since they are not being pressed no further discussions on the details of these appeals are necessary.3. The respondents Ram Lakhan, Ram Bharosey, Sarabjeet, Pati Ram, Ram Dayal, Phool Chand and Chhabi Lal in all these seven appeals were prosecuted on different complaints filed by Somnath Pal alleging himself to be the Vice-Chairman of Radha Swami Sat Singh Sabha, Agra, Under Section 448, IPC but the magistr...
Workmen of U.P. State Sugar Corporation Ltd. Vs. Labour Court and ors.
Court: Allahabad
Decided on: Dec-21-1989
Reported in: [1990(60)FLR557]; (1995)IIILLJ619All
B.N. Misra, J.1. The union and the concerned workman Baksha Singh have filed this writ petition under Article 226 of the Constitution praying for setting aside the Award, dated 30.5.1977, passed by the Labour Court, Meerut whereby it has been held that petitioner No. 2 is not a 'workman' under the U.P. Industrial Disputes Act, 1947, and that he was not entitled to the designation and wage-scale of Assistant Engineer (Electrical) (Supervisory A-II).2. Facts of the case may be briefly stated. Petitioner No. 2 was an employee under M/s. U.P. State Sugar Corporation Ltd., Unit Mohiuddinpur, district Meerut, respondent No. 2. His wage structure and wage fixation were governed by the State Government Notification No. 2309 (ST.)/XXXVI-A-273 (S.T.)-1960, dated 27.4.1961. His designation was Electric In-charge and although under 1961 Order he belonged to the category of 'highly skilled A' workman entitled to the pay scale of Rs. 180-8- 220-E.B.-1O-270, by virtue of a settlement (Ext. E/3), date...
Kalyan and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-19-1989
Reported in: 1990CriLJ1658
ORDERP. Basu, J.1. This writ petition has been filed by Kalyan and five others with the prayer that suitable directions be issued quashing the judgment and orders dt. 7-4-1989 and 15-12-1989 passed by the magistrate and the 2nd Addl. District and Sessions Judge respectively and to issue further directions so that the applicants are permitted to obtain suitable bail orders concerning Sections 307 and 452 I.P.C, also.2. The facts of the case are that on 3-3-1988 around 12 noon an incident took place when Lal Singh and Harphool were allegedly beaten by the accused. A first information report was consequently lodged under Sections 147, 148, 323, 324 and 307 I. P. C. The accused-applicants appeared before the court and made an application for bail and were bailed out by the orders of the magistrate dt. 23-3-1988 and 30-3-1988. In the meantime investigations were complete and a charge sheet was filed by the Investigating Agency under Sections 147, 148, 323 and 324 I.P.C.3. Lal Singh, therefo...
Tasleem Ahmad Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Dec-19-1989
Reported in: 1990CriLJ1695
ORDERD.P.S. Chauhan, J.1. In the present case the conviction was recorded against the applicant Under Section 7/16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) on the ground that the sample of biscuits taken from the shop of the applicant, which were kept in the shop for sale, were reported by the Public Analyst to contain alcoholic acidity of extracted fat of 2% as against the maximum permissible limit of 1.5%. The applicant was sentenced to six months' R.I. together with a fine of Rupees 1000.00. In default of payment of fine, he was required to undergo 2 months' imprisonment. The appellate Court upheld the guilt of the applicant and also the sentence. This revision is the outcome of the aforesaid conviction and sentence, which was admitted by this Court on 22-6-1984 only on the question of sentence.2. Since the revision was admitted on the question of sentence, it is not necessary to go into the merits of the matter.3. The applicant ...
Mahavir and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Dec-18-1989
Reported in: 1990CriLJ1605
H.C. Mittal, J.1. The above named appellants have preferred this appeal against their conviction and sentence under Section 364, I.P.C. to eight years' R.I. passed by Sri V. M. Kher, IV Addl. Sessions Judge, Etah by his judgment and order dated 5-2-1979.2. The prosecution case, in brief, as given in the first information report (Ex. Ka-2) lodged by Nathoo Singh on 5-9-1978 at 7 p.m. is that Data Ram, deceased, was his uncle; that Sri Brijendra Pratap son of Raja Saheb Sarnam was murdered and in that case appellants Mahabir and Rustam were accused and his uncle Data Ram deceased was a prosecution witness; that deceased Data Ram enjoyed the company of these appellants and they used to drink together. That on 4-9-1976 at about 8 p.m. appellants Mahabir and Rustam along with another accused Itwari came at the Gher of Data Ram and had taken him to the engine of Roop Ram for drinks and enjoying a chicken. Data Ram, however, did not return till the following morning, hence he became suspiciou...
Shipra Ghoshal and ors. Vs. Secretary, Department of Cane and ors.
Court: Allahabad
Decided on: Dec-16-1989
Reported in: [1990(60)FLR870]; (1994)IIILLJ990All
U.C. Srivastava and S.H.A. Raza, JJ.1. In this bunch of writ petitions, the petitioners who are employees of the U.P. Co-operative Cane Union Federation Limited, Lucknow and who were initially employed for a period of 90 days, which period was extended from time to time, but ultimately it was not extended and their services were terminated, have approached this Court challenging the orders of termination.2. In Writ Petition No. 2284 of 1988, the petitioners, who are seven in number, were appointed in various months in the year 1985 on different posts, including that of Clerk, Stenotypist etc. In the initial appointment letters which were issued to them, pay scale and dearness allowance was mentioned but it was not mentioned that they are being appointed in a particular and their appointments will subsist so long as the scheme is in force.3. In Writ Petition No. 2310 of 1988, the petitioners were appointed in the same manner; two of them as clerks and the third as peon. In their appoint...
Ram Asrey and ors. Vs. Labour Court Ii and anr.
Court: Allahabad
Decided on: Dec-16-1989
Reported in: (1991)IILLJ427All
ORDERB.N. Misra, J.1. Ram Asrey, Farid Ahmad and lqbal Ahmad, petitioner Nos. 1,2 and 3 respectively, have filed this writ petition under Article 226 of the Constitution praying for quashing the Award dated March 24, 1981 (Annexure '7' to the writ petition) and for setting aside the orders of dismissal dated May 1, 1971 passed by Ms. Elgin Mills Co. Ltd. (Mill No. 2), respondent No. 2 against the petitioners.2. Facts may be briefly stated. The Petitioners Nos. 1 and 2 were working as Turners and petitioner No. 3 was working as a Welder under respondent No. 2. On the allegation that the petitioners had assaulted one Junior Officer on April 22, 1971 around 5.30 p.m. in front of the factory gate, the petitioners were charge-sheeted and a domestic inquiry was held against them. On completion of the inquiry, the petitioners were found guilty and dismissed from service on May 1, 1971, vide Annexure '16', a copy of the dismissal order in respect of petitioner No. 1.3. Being aggrieved by the o...
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