Allahabad Court December 1989 Judgments
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U.P. Roadways Transport Corpn. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-12-1989
Reported in: [1990(60)FLR443]; (1990)IILLJ532All
R.A. Sharma, J.1. Sri Mangal Sen, respondent No. 3, was working as Conductor in the U.P. State Road Transport Corporation (Petitioner) on 8th November 1977 and on 18th November 1977 the buses in which respondent No. 3 was working as Conductor were checked and it was found that number of passengers are being carried without tickets. A chargesheet was issued to him by the Corporation. Thereafter, a disciplinary enquiry was held and, vide order dated 22nd December 1978, respondent No. 3 was removed from service.Thereafter Government of U.P. on 31st March, 1983 referred the dispute under Section 4-K of the U.P. Industrial Disputes Act (hereinafter referred to as the Act) to Labour Court, Meerut for adjudication about the validity and propriety of the order of removal of respondent No. 3. Before the Labour Court both parties filed written statements and April 20, 1985 was fixed for filing rejoinder-affidavits by both parties and for framing issues. It appears on 20th April, 1985 the Presidi...
Kundan Singh and anr. Vs. State
Court: Allahabad
Decided on: Dec-12-1989
Reported in: 1990CriLJ1660
G.K. Mathur, J.1. Kundan Singh and Kinna alias Laxman Singh have preferred this appeal against the judgment and order dated 23-6-1983 passed by the Sessions Judge, Pithoragarh, in Sessions Trial No. 22 of 1981, by which Kundan Singh has been convicted under Section 307 read with Section 149, I.P.C. 147, 332 read with Section 149 and 224, I.P.C. C. and sentenced to undergo rigorous imprisonment for a period of four years, two years, three years and two years respectively, while appellant Kinna has been convicted under Sections 307, 148, 332 and 225, I. P. C. and sentenced to undergo rigorous imprisonment for a period of four years, three years, two years and two years respectively. The sentences have been made to run concurrently.2. The case of the prosecution, in brief, has been that Tendra Pal Singh and Deo Ram, constables of police station Kotwali, Pithoragraph, were on patrol duty at about 9 p.m. on 15-3-1981, when they found Kundan Singh, appellant, in a drunken state in front of B...
D.S. Central Railway Vs. Mohd. Ishaq
Court: Allahabad
Decided on: Dec-12-1989
Reported in: II(1990)ACC281
R.R. Mishra, J.1. Mohd, Ishaq, respondent, was at the material time a workman employed by the D.S. Central Railway, Jhansi and on 29.8.73 received personal injury by accident arising out of and in the course of his employment and his left leg heel was fractured. On these facts there is no dispute. The claimant, however, made a claim for Rs. 2,200/- as compensation on the ground that he has suffered permanent partial disablement from the aforesaid accident and this disability has caused 10 percent loss of his earning capacity as calculated by the Medical Board. The defence of the appellant was that due to the said injury no loss of earning capacity has been caused and hence the claimant was not entitled to any compensation. By the impugned order dated 2.4.1979 passed by the commissioner workmen's Compensation, Jhansi, under Section 4 of the Workmen Compensation Act, 1923 the said claim made by the claimant was held to be admissible.The aforesaid Commissioner has in his order held that a...
Ganesh Babo Gupta Vs. State of U.P.
Court: Allahabad
Decided on: Dec-11-1989
Reported in: 1990CriLJ912
ORDERS.I. Jafri, J.1. This application for bail on behalf of Ganesh Babu Gupta, applicant traces its origin from Case Crime No. 100 of 1989 in which the applicant was indicted of Section 420/467/468/471/482, 120-B, I.P.C. Gwaltoli Kanpur Nagar.2. Before coming to brass tacks, I would like to delineate certain preliminaries of the case whcih bears upon the merit of the facts of the instant case. Applicant Ganesh Babu Gupta, being the Managing Director of M/s. G. B. Laboratories Limited, having its registered officer at 7/203-A, Sarup Ngar, Kanpur and being engaged in manufacturing of drugs and pharmaceuties including life saving drugs, applied for loan and he was disbursed a sum of Rs. 14.90, lacs by the U. P. Financial Corporation, Kanpur as against Plot No. 334/1 of which a mortgage deed was executed to the U. P. Financial Corporation against the loan of the aforesaid amount, was situated in village Jamhu, pergana and Tahsil Oraiyya District Etawah. The deed of mortgagee was executed ...
S.N. Steel Corporation Vs. Dany Dairy and Food Engineers Ltd.
Court: Allahabad
Decided on: Dec-07-1989
Reported in: [1992]73CompCas357(All)
A.P. Misra, J. 1. The present company petition has been moved under sections 433, 434 and 439 of the Companies Act, 1956 (hereinafter referred to as 'the Act'), for winding up the company, Messrs. Dany Dairy and Food Engineers Ltd.2. I have heard learned counsel for the parties.3. The main ground on which this petition is moved is that the company is unable to pay its debts as specified under Section 433(e) of the Act and, therefore, the company is liable to be wound up. The main contention for coming to that conclusion is based on the averments made in paragraphs 8, 9 and 10 of the petition. Paragraph 8 specifies the bills which were submitted to the company for making the payment. Paragraph 9 specifies the amounts which the company paid to the petitioner and according to paragraph 10 ofthe petition, after adjusting the amount of payment towards the petitioner's bill a sum of Rs. 1,40,350.36 still remains to be due to the petitioner and payable by the company. It is this amount which ...
Dharmvir and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-07-1989
Reported in: 1990CriLJ2525
ORDERPalok Basu, J.1.This writ petition has been filed by Dharmvir and 6 others, against an order of the Magistrate concerned summoning them under Section 147/148/149/323/307 IPC, which order has been upheld in revision by the Sessions Judge, Saharanpur on 14-9-1989. The brief facts are that a complaint was filed by Ram Swaroop under the aforesaid Sections alleging that the incident took place on 1-7-1988 around 2.30 p.m. when the accused petitioner had come variously armed and assaulted the prosecution side causing them serious injuries. Since the matter was reported to the police and it did not take suitable action, the Magistrate was approached by means of criminal complaint. Being prima facie satisfied that since the complaint allegations were making out a case under Section 307 IPC also, the Magistrate perhaps thought it best to direct the complainant to examine all his witnesses. The complainant consequently examined Naresh, Ram Baran, Ved Pal, Hukum Singh, Jail Singh and Dr. Lok...
Collector Vs. Decent Dyeing Co.
Court: Allahabad
Decided on: Dec-07-1989
Reported in: 1990(45)ELT235(All)
ORDER1. This writ petition under Article 226 of the Constitution has been filed by Shri Abdul Hafeez for quashing the demand notices of duty in form :-(i) DD-2 No. 152747 dated 23-5-1968, amount Rs. 2,941.20(ii) DD-2 No. 153252 dated 30-9-1970, amount Rs. 2,679.40(iii) DD-2 No. 153253 dated 20-9-1970, amount Rs. 3,006.20The total amount demanded from the petitioner was Rs. 8,626.80 plus 10 per cent collection charges.2. The petitioner's observation is that without having given a show-cause notice before issuing the demand notices, the Central Excise Authorities did not have the power to issue the demand notices.3. A counter affidavit has been filed on behalf of the Central Excise Department justifying the demand on the ground that under Rule 160 of the Central Excise Rules the petitioner could not have removed the dutiable goods kept in the warehouse without the permission of the Excise Authorities and as the petitioner was guilty of having committed a breach of the said rule, the Cent...
Suresh Chandra Vs. State of U.P.
Court: Allahabad
Decided on: Dec-05-1989
Reported in: 1990CriLJ2479
Madan Mohan Lal, J.1. These two criminal appeals have been filed against the judgment and order dated 31-1-1978 passed by Sri B. I. S. Sodhi, the then Second Additional Sessions Judge, Budaun by which he has convicted the appellants Suresh Chandra and Vijai alias Vijai Kumar under Sections 302/34, 307/34 and 394, I.P.C. and has sentenced each of them to undergo life imprisonment, four years' R.I. and four years' R.I. respectively thereunder. All the sentences have been made to run concurrently.2. As both these appeals arise from the same judgment, hence these are being disposed of by this common judgment.3. One Bankey Lal had four sons, namely, Ram Chandra deceased, Suresh Chandra appellant, Raja Ram and Ram Bharosey. P.W. 1 Smt. Shyam Piari is the widow of Ram Chandra deceased and P.W. 2 Ashok Kumar is their son.4. Vijai alias Vijai Kumar appellant is a friend of Suresh Chandra appellant.5. According to the case of the prosecution, Suresh Chandra appellant was previously in the servic...
Oriental Insurance Company Ltd., Haldwani Vs. Dhanram Singh and Others
Court: Allahabad
Decided on: Dec-04-1989
Reported in: I(1990)ACC242; 1990ACJ321; AIR1990All104
ORDERG.D. Dubey, J. 1. When this appeal first came before us, we were tentatively of the opinion that it would not be maintainable under the provisions of S. 173 of the Motor Vehicles Act, 1988, since the proceedings arose under the old Motor Vehicles Act. After hearing the learned counsel for the appellant, however, we disposed of the matter by our order dated 4th August, 1989 (reported in AIR 1990 All 30) holding that even an appeal arising out of proceedings under S. 110-A of the Motor Vehicles Act, 1939 would now be maintainable under S. 173 of the Motor Vehicles Act, 1988.The appellant has now moved an application for review of our earlier decision on the ground that while disposing of the question of maintainability of the appeal under S. 173 of the New Act, we have wrongly directed that such appeals must also comply with the conditions as are laid down in the section. It is contended that this aspect of the matter was also urged on earlier occasion but due to some oversight, thi...
Ram Saran Tripathi Vs. Chancellor, Gorakhpur University, Lucknow and O ...
Court: Allahabad
Decided on: Dec-02-1989
Reported in: AIR1990All96; (1990)1UPLBEC52
ORDER1. By this writ petition the petitioner seeks quashing of the orders of the Chancellor and the Vice-Chancellor being Annexures 10 and 8 respectively to the writpetition. The petitioner claims that he was selected aa the Principal of Budha Postgraduate College, Sushinagar District Deoria, affiliated to the Gorakhpur Unversity by a duly constituted Selection Committee and that the Vice-Chancellor illegally refused to accord approval to his selection by the order dated 28-6-1980, Annexure 4 to the writ petition. Thereafter, he made a representation to the Chancellor who turned down the same on 12-12-1980 (see order Annexure 5 to the writ petition). The Vice-Chancellor refused to accord approval on the ground that the petitioner's selection was made by a committee in which no expert participated and as such there was no compliance of S. 31(6) of the U.P. State Universities Act, 1973 (briefly, the Act, 1973). Similar view was taken by the Chancellor in his order dated 12th December, 19...
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