Allahabad Court February 1989 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Baiju and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Feb-15-1989
Reported in: 1990CriLJ971
S.I. Jafri, J.1. This appeal has been preferred by Baiju, Puttan Mishra and Ganga Charan against the order dated 31-8-1977 passed by Sri D. N. Shukla, III Additional Sessions Judge, Banda thereby forfeiting the surety bonds of the amount of Rs. 2,000/-furnished by Baiju and Puttan Mishra appellants for securing release of the appellant Ganga Charan on bail in Sessions Trial No. 85 of 1977, State v. Gulzari and Ors. under Section 302/34, I.P.C. Ganga Charan accused appellant has also furnished the bail bonds in the like amount of Rs. 2,000/-.2. The facts giving rise to the. aforesaid appeal in this Court are that during the pendency of the aforesaid Sessions Trial No. 85 of 1977, accused Ganga Charan absented himself on 30th August, 1977, the date of hearing. However, an application accompanied with a medical certificate was made before the Sessions Judge praying therein to exempt the accused-appellant from his personal attendance because of his ailing condition. Consequent upon the app...
Chhibramau Cold Storage Vs. Cegat
Court: Allahabad
Decided on: Feb-15-1989
Reported in: 1989(42)ELT161(All)
R.R. Misra, J.1. The petitioners are the owners of a Cold Storage at Chhibramau, District Farrukhabad. On a visit dated 24.3.1976 the Central Excise Inspector found some R.A.C. Machinery parts installed in the cold storage of the petitioners. It was found that the petitioners had got the same manufactured themselves by their ingenuity at site and installed the said machinery parts in their cold storage. Since the view taken by the Central Excise Inspector was that the said machinery parts were excisable under Entry 29-A of Schedule 1 of the Central Excises and Salt Act, 1944, he raised a demand of Rs. 43,219.21. Thereupon the petitioners filed their objections which were rejected and the demand as proposed was confirmed. Appeals were filed by the petitioners which too have been dismissed by both the appellate authorities below. Aggrieved, the petitioners have now by means of this writ petition challenged the aforesaid levy of excise duty as well as appellate orders.2. I have heard Sri ...
Sahabjan and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Feb-13-1989
Reported in: 1990CriLJ980
V.P. Mathur, J.1. The appellants are real brothers, Mr. M. P. Tripathi, the then III Additional Sessions Judge, Deoria, tried them for an offence punishable under Section 302 read with Section 34, I.P.C. and vide his judgment in Session Trial No. 22 of 1978, dated 18-9-78 he found both of them guilty and returned their conviction and sentenced them to imprisonment for life. Against this order the present appeal has been filed.2. A small pedigree which is not disputed may be noted down here:--Total|_____________________________________________________________| | |Biran Samroo Trilochan |Amruddin(deceased)|______________________________| |Deoraj Jatan(Informant) + Smt. Kasidani(wife)3. The deceased of this case is Amruddin, son of Biran, and the first informant in Deoraj, son of Samroo, a cousin brother of Amruddin, Shahabjan and Ramjan the two appellants, are brothers of Kasidani, wife of Jatan. The evidence shows that Smt. Kasidani had deserted Jatan and was living separate from him. I...
Sher Singh Vs. State of U.P.
Court: Allahabad
Decided on: Feb-08-1989
Reported in: AIR1991All27
ORDER1. In this petition the petitioner has claimed the following reliefs :--(i) To issue a suitable order, direction or writ declaring the U. P. Public Services Tribunal Act as haste, unguided, unjust and unconstitutional Legislation having no rule at all uptil now. (ii) To issue a situable order, directions or writ declaring the presence of administrative member as unconstitutional in view of AIR 1987 SC 386. (iii) To issue any other suitable order direction or writ which this Hon'ble High Court may deem fit just and proper in the facts and circumstances of the case and for securing the justice. (iv) cost of this writ petition may be awarded to the petitioner and against the opposite party.' 2. The petitioner is not challenging any order or proceedings of the Services Tribunal although it is stated that his claim petition is pending before the U. P. Public Services Tribunal. He wants a mere declaration that the Act under which the Tribunal has been constituted is unconstitutional.3. ...
Smt. Nahid and anr. Vs. Mohd. Islam and anr.
Court: Allahabad
Decided on: Feb-08-1989
Reported in: AIR1989All161
ORDERS.K. Mookerji, J.1. Heard learned counsel for the parties. Counter and rejoinder affidavits have been exchanged.2. This Habeas Corpus Petition has been filed by Naseem, petitioner No. 2, challenging the detention of his alleged wife Nahid, by the respondents; including her father. In this Habeas Corpus Petition the age of the girl is alleged as 19 years and in support of the age a certificate. Annexure 2 to the affidavit, in support of the application, from the chief Medical Officer, Kanpur Dehat, has been filed. At the top of this medical report, Annexure 2 to the affidavit, the date is endorsed as 23-7-84 but at the bottom the Chief Medical Officer has put the date after the signature as 23-7-87. After giving the reason the Chief Medical Officer has determined the age of Nahid as 19 years. It will be relevant to mention that on this certificate the alleged Nahid has put her thumb impression and not her signature, although, it has come on record that she was studying in Aishe Mar...
Sri Sanatan Dharam Sabha and anr. Vs. the Registrar, Firms, Societies ...
Court: Allahabad
Decided on: Feb-08-1989
Reported in: AIR1989All189
ORDERA.P. Misra, J.1. The petitioner by means of the present writ petition sought for quashing the order dated 13th June, 1988 (Annexure 13) passed by the Deputy Registrar by virtue of which it did not recognise the election dated 23rd Aug. 1987, of the society and further under Section 25(2) of the Societies Registration Act directed for holding fresh elections and appointed one Assistant Registrar, Firms Societies and Chits as an election officer to conduct the same.2. The petitioners' case is that the petitioner No. 1 is a registered society which was initially registrered in 1957 with the Registrar of Joint Stock Company and thereafter registration has been renewed from time to time under the societies Registration Act. Last renewal was effected by the Assistant Registrar, Firms, Societies and Chits, Meerut on 11-3-1986 for a period of five years from 10th Oct. 1985, which is still in force. By a resolution dated 21st April, 1985, the general body unanimously affected two changes i...
Oriental Fire and General Insurance Co. Ltd., New Delhi and anr. Vs. S ...
Court: Allahabad
Decided on: Feb-08-1989
Reported in: II(1989)ACC103; AIR1989All221
N.N. Mithal, J.1. In this appeal under Section 110-D of the Motor Vehicles Act, an award of the Motor Accident Claims Tribunal has been challenged by the Insurance Company as well as the owner of the vehicle in a joint appeal.2. A preliminary objection has been taken as to the maintainability of the appeal on the ground that a joint appeal by the insurer and the insured is not legally maintainable. It is also urged that no award having been made against the owner of the vehicle, he was not a person aggrieved and as such was not entitledto file the appeal. The claimant's learned counsel seeks support to his submission from a Division Bench decision of this Court in United India Fire and General Insurance Co. Ltd. v. Gulab Chandra Gupta, 1985 Acc CJ 245 : (AIR 1985 All 44). In that case, two appeals had been filed against the award of the Motor Accident Claims Tribunal under which the entire amount was made payable by the insurer. One appeal was filed jointly by the owner of the vehicle ...
Zahoor Ali Vs. State of U.P.
Court: Allahabad
Decided on: Feb-08-1989
Reported in: 1989CriLJ1177
G.B. Singh, J.1. Zahoor Ali, appellant has been convicted for the offences punishable under Sections 363, 366 and 376 IPC and sentenced to 3 years' R.I., 5 years' R.I. and 10 years' R.I. respectively for these offences.2. Kumari Chhoti is daughter of Majeed resident of Rampur Khatra Police Station Safdarganj district Barabanki. She was, according to the prosecution case, about 10 years old at the time of the incident. Her mother died a few years before the incident and her father was a patient of paralysis. She was, therefore, living with her brother-in-law (Bahnoi). She left the place of her brother-in-law a few days before the occurrence and came to Charbagh Railway Station Lucknow and there she was living on alms whatever she used to get by begging. Zahoor Ali appellant is a rickshaw puller. The case of the prosecution is that Zahoor Ali appellant met Kumari Chhoti at Charbagh Railway Station Lucknow a few days before 29-10-1984 and brought her to his house in Mohalla Mali Khan Sara...
Sangam Finishing Works Vs. Labour Court and ors.
Court: Allahabad
Decided on: Feb-03-1989
Reported in: [1989(58)FLR888]; (1995)IIILLJ614All
S.K. Dhaon, J. 1. Upon a reference made under Section 4-K of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act') an Adjudication Case No. 256 of 1985 is before the Labour Court, Varanasi. On July 17, 1987 in the presence of the representative of the employer (Petitioner) the hearing of the case was adjourned to August 12, 1987. On that date, no one appeared on behalf of the employer. The Labour Court passed an order that it would proceed ex parte against the petitioner. On September 7, 1987 an application was made on behalf of the petitioner for recalling the order dated August 12, 1987. This application was rejected on December 22, 1987. Thereafter on January 28, 1988 an application was made on behalf of the petitioner to permit it to participate in the proceedings of the Adjudication Case. That application has been rejected by order dated April 4, 1988. The orders dated December 22, 1987 and April 4, 1988 are being impugned in the present petition. 2. A coun...
Gurmez Singh Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Feb-03-1989
Reported in: 1989CriLJ973
ORDERS.I. Jafri, J.1. This petition under Section 482, Cr. P.C. has been preferred by Gurmez Singh, therein seeking to quash the orders dt. 28-11-1987 and 6-1-1988 passed by Judicial Magistrate, Pilibhit and 4th Addl. Sessions Judge, Pilibhit respectively disallowing the prayer to release the Truck U.P.I. 4821 in favour of applicant Gurmez Singh.2. It is the admitted position in the instant case that the Truck No. U.P.I. 4821, was given to Gurmez Singh applicant on 2-3-1985 on hire-purchase basis-financed by National Finance Company, Civil lines, Station Road, Pilibhit and an agreement was executed between the parties on 2-3-1985, stipulating therein that the applicant Gurmez Singh shall continue to pay regularly 36 monthly instalments each instalment consisting of Rs. 3550/- to the aforesaid Company.3. In order to perceive as to what had been agreed between the parties in the aforesaid agreement, I would like to place certain significant terms as below. In para 4 of the aforesaid agre...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »