Allahabad Court September 1989 Judgments
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Budhya and ors. Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Sep-28-1989
Reported in: 1990CriLJ64
ORDERS.I. Jafri, J. 1. This is an application for transfer moved on behalf of Budhya alias Budhi Ram and six others praying therein to transfer the entire case and all the proceedings connected with it including the hail matter to some district other than Basti.2. On this transfer application officer was directed by this Court to fix the aforesaid application along with the report of Sessions Judge on 31-8-1989 for orders. Later on. an application was presented before me on behalf of applicants Budhiya and others on 27-9-1989 seeking this court to fix an early date for taking up the matter for hearing and disposal out of the exigencies that the Chief Judicial Magistrate allegedly had avowed in the Court that he would reject all the proceedings connected with the case as against the applicants and further that amongst the persons detained in Jail in the aforesaid case. there is a child aged about 13 years of age and in view of the facts aforesaid that the applicants are apprehensive of ...
Raja Ram and ors. Vs. Awadh Ram and ors.
Court: Allahabad
Decided on: Sep-25-1989
Reported in: 1990CriLJ1663
ORDERRajeshwar Singh, J.1. This application under Section 482 Cr. P.C. has been moved under the circumstances mentioned below.2. The three applicants before this Court and the opposite party No. 1 Awadh Ram claim themselves to be the nephews of one deceased Smt. Sarju Dei. She was murdered in her house. In respect of that murder, opposite party No. 2 Ram Milan son of opposite party No. 1 was prosecuted but he was acquitted on 22-2-83. It appears that when the Investigating Officer went at the place of occurrence, he also gave the moveable property found in the house in the custody of one of the applicants and his wife. This property had nothing to do with the commission of offence. On 25-10-83 that is more than 8 months after acquittal, opposite party No. 1 Awadh Ram moved an application to the Additional Sessions Judge, who decided the case, saying that the property be given to him. Therein he said that the house where Smt. Sarju Dei was murdered, was sold to him by Smt. Sarju Dei in ...
Shafaat Ahmad Vs. Smt. Fahmida Sardar
Court: Allahabad
Decided on: Sep-20-1989
Reported in: AIR1990All182; 1990CriLJ1887; I(1991)DMC102
ORDER1. This is a revision against the order of the Magistrate passed in proceedings under the Act (The Muslim Women (Protection of Rights on Divorce) Act, 1986). The parties are Muslims. The husband divorced his wife. The wife filed an application under Sec. 3 of the Act. The Magistrate issued notice to the husband. The husband was serving in Navy in Goa. There notice was served on him on 19th Oct., 1987 by registered post. The case was fixed for 9th Nov., 1987. The Commanding Officer of the husband sent a telegram and a letter on 30th Oct., 1987 to the Magistrate requesting him to fix some other date in February, 88 as the husband could not be relieved to attend the Court. The husband instructed his brother, who was resident of another district, to make enquiry regarding the case in the Court of the Magistrate. The husband alleged that his brother could not get any information as the case had been transferred to another Court and this is not controverted. Then on 18th November, 1987 ...
Smt. Perbata Vs. State
Court: Allahabad
Decided on: Sep-18-1989
Reported in: 1990CriLJ1665
D.K. Trivedi, J.1. This criminal appeal is directed against the judgment and order dated 17-5-1982 passed by the IInd Addl. Sessions Judge, Barabanki. Appellant Smt. Perbata was convicted under section 436 IPC and setenced to 2 years' R. I.2. The prosecution case in brief was that on 11-5-80 at about 9.00 a.m. the accused happened to pass over the Sehan of the complaint and she received some injury from the pegs lying on the Sehan. It is said that she (accused) set fire to the Tatia of the Marha and caused a loss of Rs. 400/-. An FIR was lodged by P. W. 1 Ram Chandra on the same day at about 12.20 in the noon at police station Masauli. The First Information Report is Ex. Ka-1. The investigation was conducted by Sri Radhey Shyam Pandey P. W. 3, S. O. Masauli.3. In support of its case, the prosecution examined two witnesses namely P: W. 1 Ram Chandra and P. W. 2 Sohan Lal as eye witness. P. W. 3 Sri Radhey Shyam Pandey is the Investigating Officer. On the other hand, the appellant accuse...
Khem Chand Vs. State and anr.
Court: Allahabad
Decided on: Sep-15-1989
Reported in: I(1990)DMC38
S.R. Bhargava, J.1. Presented in Chamber on account of the strike of the Advocates.2. This revision is directed against revisional order granting maintenance of Rs. 150/- per month to opposite party No. 2. What appears is that the Magistrate refused maintenance to the wife only on the ground that the wife has been living in adultery. Finding of adultery was recorded by the Magistrate on the sole testimony of the husband who deposed that the wife herself admitted her illicit relation with a young boy aged about 18 or 19 years of her village. He further deposed that on his visit to her in-laws he saw the wife in compromising position with that boy. He was unable to name the boy. Learned revisional court disbelieved the husband and set aside the finding of adultery. He found that the husband has been earning his livelihood as labourer. He further found that the wife has no means. With these observations the revisional court allowed the revision and directed the husband to pay monthly main...
State of U.P. Vs. Smt. Chhedana
Court: Allahabad
Decided on: Sep-14-1989
Reported in: 1990CriLJ1535
B.L. Loomba, J.1. This State appeal is directed against the judgment and order dated 26-5-1978 passed by Shri J. P. Saxena, the then Sessions Judge, Rae Bareli whereby the accused-respondent Shrimati Chhedana was acquitted of the charge under Section 302 of the Penal Code in Sessions Trial No. 213 of 1977 State v. Shrimati Chhedana.2. The victim of the crime was one Panna Lal Kurmi resident of village Sahgon Purabgaon, Police Station Shivgarh, district Rae Bareli. He was aged about 40 years at the time of his alleged murder. The prosecution case was that Shrimati Chhedana resident of the same village was married to one Sohan Lal resident of village Buwayya at a distance of a few miles from the village Sahgon Purabgaon but she was having illicit relations with the deceased Panna Lal and for that reason she did not go to her in-laws and continued to live with her father. She maintained her illicit relationship with deceased Panna Lal and used to frequently go to the house of Panna Lal an...
Dr. Neeta Sharma and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-08-1989
Reported in: AIR1990All93; (1990)1UPLBEC324
ORDERU. C. Srivastava, J.1. By means of these writ petitions, the petitioners have prayed for their selection in the diploma courses in various specialities in G.S.V.M. Medical College, Kanpur.2. In Writ Petition No. 5502 of 1989, Dr. . Ajai Kumar has prayed for admission in the diploma course in paediatrics department. In Writ Petition No. 5864 of 1989, Dr. Naresh Chandra Agarwal has made similar prayer and he has questioned the admission of the private opposite parties, six in number, who, according to the petitioner, were not eligible for admission in diploma course in the subject. In Writ Petition No. 5503 of 1989, Dr. Davendra Kumar Yadav has also prayed for admission in diploma course in the same department.3. Dr. Neeta Sharma and others in Writ Petition No. 5357 of 1989 have prayed admission in the diploma course in Obstetrics and Gynecology course and have questioned the selection of opposite parties Nos. 4 to 8 to the said writ petition.4. In Writ Petition No. 5512 of 1989, Dr...
Ram Bilas Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-04-1989
Reported in: [1990(60)FLR567]; (1990)IILLJ564All
Rajeshwar Singh, J. 1. The admitted facts are that it was an industry; the employer dispensed with the services of the workman; the workman raised an Industrial dispute; the Industrial Tribunal gave its award holding that the workman had worked more than 240 days in a year when his services were dispensed with and so his services could not be terminated. But the Tribunal did not order his reinstatement and instead ordered that retrenchment compensation be given to the workman. It is against this order that the workman has filed the present writ petition and he prays that his reinstatement should be ordered. It is contested by the employer.2. The finding of the Tribunal that the workman had worked for more than 240 days in the preceding year has not been assailed and the only argument of the employer is that this period of 240 days was not continuous because during this period his services were extended several times after a break of a few days and his services came to an end automatica...
State of U.P. and anr. Vs. Sri Ram Baboo Kesari and ors.
Court: Allahabad
Decided on: Sep-04-1989
Reported in: 1990CriLJ87
ORDERS.R. Bhargava, J. 1. This criminal revision is directed against order dt. 7-4-1989 passed by 9th Additional Sessions Judge, Varanasi, directing release of caoutchouc ('Kattha' hereinafter called 'Kattha' for sake of brevity) in favour of Opp. Party No. 1 Ram Babu on his furnishing bank guarantee for a sum of Rs. 5 lacs to the satisfaction of the Chief Judicial Magistrate. Parties have exchanged affidavits and the revision has been finally heard with the agreement of the parties at admission stage.2. Facts giving rise to this revision are that one Jagdish Khalifa, residing in House No. C-2/19 situate in Aurangabad Pandariba, Varanasi, has a son Ashok Kumar Chaurasia (Opp. Party No. 2 in this revision). On 29-4-1988 Officers of the Forest Department accompanied by police raided the aforesaid Premises No. C-2/19 and seized 203 bags containing 5,357 kilograms of Kattha. Ashok Kumar Chaurasia was taken into custody. On 30-4-1988 application for release of Ashok Kumar on bail was moved ...
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