Allahabad Court March 1990 Judgments
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Rajendra Prasad Gupta Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-20-1990
Reported in: 1990CriLJ1912; II(1991)DMC113
Giridhar Malaviya, J.1. This application under Section 482 Code of Criminal Procedure has been filed by one Rajendra Prasad Gupta for quashing the maintenance proceedings initiated by his wife Smt. Mamta Devi, Opp. Party No. 2 under Section 125 Cr.P.C. before Munsif Magistrate I, Gyanpur, Varanasi in Criminal Case No. 10 of 1987 (Smt, Mamta Devi alias Tota v. Rajendra Prasad Gupta). When this application came up for admission before one of us (Giridhar Malaviya, J.) learned counsel for the applicant placed reliance on the observations of Hon. Deoki Nandan, J, in the case of Smt. Premwati v, Mahesh Chandra, reported in 1980 Allahabad Criminal Rulings, page .70 wherein the Hon'ble Judge had quashed the proceedings under Section 125 Cr.P.C. on the ground that the husband had filed a suit for divorce against his wife. As there were large number of cases of the Allahabad High Court as also the other High Courts which had taken a contrary view, the case was referred to large bench at the sta...
Ram Piarey Lal and ors. Vs. Radhey Lal and Brothers and anr.
Court: Allahabad
Decided on: Mar-20-1990
Reported in: I(1991)ACC1
N.N. Mithal, J.1. We have heard learned counsel for the appellants and have also perused the judgment under appeal.This appeal arises out of an award of the Motor Accidents Claims Tribunal, Allahabad in the ease of death of a young boy which has been allowed by the Tribunal awarding Rs. 12, 600/- by way of compensation. Being dis satisfied with the quantum of the award the claimants have filed this appeal for enhancement of compensation.2. In brief, the relevant facts are that on 17-11-1978 at about 4.45 P.M. the deceased Girish Chand was hit by truck No. U.P.Z. 8509 from behind when he was going on a cycle on the left side of the road. He was seriously injured and was taken to the hospital where he succumbed to the injuries at about 8.15 the same evening. The deceased was aged about 16-1/2 years and was a student of Class IX having a brilliant academic career till then.3. The father of the deceased is a Junior warrant officer in the Air Force which is a Class II Gazetted post and was ...
Aftab Ahmad and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-19-1990
Reported in: 1990CriLJ1636
ORDER1. Heard.2. The First Information Report of Crime No. 17 of 1990 under Sections 363 and 366, Penal Code, Police Station Jahanganj, District Farrukhabad, was read out before us. The controversy in regard to age (whether Smt. Qamrunnisa was minor on relevant date, or had attained age of majority) cannot be determined in a petition under Article 226 of the Constitution of India, it lies within the domain of Court in which the matter will come up finally, if a charge-sheet is submitted. Therefore, no case for quashing the First Information Report of the said crime is made out. Further, the prayer that the arrest of the petitioner in the said crime be stayed, is also refused.3. Learned counsel for the petitioner contends that the courts below may take sufficient time for the disposal of bail application and, therefore, some direction be issued for expeditious disposal of bail application. The apprehension of the petitioners that the Magistrate is not empowered to grant bail in respect ...
Santosh Kumar and Others Etc. Vs. Regional Transport Authority, Meerut ...
Court: Allahabad
Decided on: Mar-16-1990
Reported in: AIR1991All28
ORDERR.A. Sharma, J.1. By these writ petitions the petitioners pray for a writ of mandamus so as to restrain Regional Transport Authority (hereinafter referred to as R.T.A.) from granting any permit on their routes. With the consent of learned counsel for both the parties in all these cases we have made writ petition No. 21773 of 1989, Santosh Kumar v. Road Transport Authority, as the leading case.2. The routes, Muzaffarnagar-Shamli-Jhinjana-Don-Chausana and Shamli-Chau-sana extended up to Muzaffarnagar (hereinafter referred to as route) are within the jurisdiction of R.T.A. and the petitioners are holding regular stage carriage permit on the route and are existing operators. A proposal (hereinafter referred to as Draft Scheme) under S.68-C of the Motor Vehicles Act, 1939 (hereinafter referred to as old Act) was published on 13-2-1986, proposing to nationalise route as well as various other routes. The petitioners claim that during pendency of this Draft Scheme of 1986 no permit can be...
Bhim Raj Anand Kumar Vs. Income-tax Officer.
Court: Allahabad
Decided on: Mar-16-1990
Reported in: [1990]33ITD508(NULL)
ORDERPer Anand Prakash A. M. - This appeal is against the order of penalty of Rs. 45,000 imposed by the ITO for concealment of income which has since been confirmed by the CIT (A).2. The relevant facts may be noted. The assessee is a firm doing money-lending business; it also purchases and sells silver bullion and silver ornaments. The residential and business premises of the partners were searched by the Gold Control Authorities on 7-10-1977. In the course of the said search, primary gold and gold ornaments were seized, numbering in all 389 pieces weighting 1487.400 grams. In the course of the search proceedings, the statement of the main partner of the assessee firm, namely, Sri Gopi Krishna was recorded wherein it was stated by him that the firm in question was doing business in gold ornaments without licence. The aforesaid gold ornaments were thereupon seized by the custom authorities and proceedings under sections 71 and 78 of the Gold Control Act were commenced by the assessing a...
Lucknow Diocessan Trust Association, Allahabad and Others Vs. Sachindr ...
Court: Allahabad
Decided on: Mar-15-1990
Reported in: AIR1990All202; (1990)3UPLBEC1758
ORDERSharma, J.1. Plaintiffs- respondents, claiming to be the members of public highly interested in safeguarding public interest relating to Jay Narain Inter College, Varanasi (here-in-after referred to as the college) andsome of whom are old students of the college, filed a suit No. 197 of 1968 in the Court of the learned Civil Judge, Varanasi under Order I, Rule 8 of the Code of Civil Procedure for the following reliefs:'(a) That the permission be granted to the plaintiffs for instituting and prosecuting this suit as members of the public at large and also as representative of the Varanasi City as well as public out of this city under Order 1, Rule 3, C.P.C.(b) That a decree of permanent injunction be passed in favour of the plaintiffs against the defendants restraining them from selling or otherwise transferring the hostel building and land appertaining to the hostel of Jay Narain Inter College, Varanasi bearing Municipal No. D.44/34 Bagh Bhawani, Rampura Varanasi more fully detail...
Chandrika Prasad Pandey Vs. Smt. Kanti Pandey
Court: Allahabad
Decided on: Mar-15-1990
Reported in: II(1991)DMC207
Palok Basu, J.1. These two matters can be conveniently disposed of together because they arise out of the same proceedings and others. Chandrika Prasad Pandey has filed Criminal Misc. Application No. 3481 of 1987 praying that the sum of Rs. 300/- per month allowed by the Magistrate as maintenance allowance payable to Smt. Kanti Pandey, which order has been up-held in revision, should be quashed. Smt. Kanti Pandey has preferred Criminal Misc. Application No. 4212/- saying that the sum of Rs. 300/- per month was in-adequate and it should be enhanced.2. Sri L.P. Singh learned Counsel appears on behalf of Chandrika Prasad Pandey and Sir Viresh Misra represents cause of Smt. Kanti Pandey. Both learned Counsel have heard at length.3. A preliminary objection was raised by the learned Counsel for the parties about the maintainability of two petitions under Section 482 Cr P.C. on the ground that the revisional powers have already been exercise before the Sessions Judge. These petitions under Se...
Jawahar Lal and anr. Vs. Awadh Bihari and ors.
Court: Allahabad
Decided on: Mar-15-1990
Reported in: 1990CriLJ2738
ORDERPalok Basu, J.1. Heard Sri G.N. Chandra, learned counsel for the applicants and Shri Rajesh Tandon, learned counsel for the opposite parties.2. The short question involved in this petition under Section 482, Cr.P.C. is as to whether the attachment order dated 2-8-88 passed by S. D. M., Duddhi, Mirzapur (now district, Sonbhadra) should be given effect to or not.3. It is undisputed that the concerning immovable property, a preliminary order was passed by the S.D.M. concerned on 11-3-1988. There was some police report dated 23-7-88 which was acted upon by the Magistrate in the sense that he proceeded to pass attachment order impugned in this application.4. The further undisputed facts are that when the attention of the Magistrate was drawn to the fact that right from March to August, he had not passed an order under Section 146, Cr. P.C. and had thought proper to hear the applicants Jawahar Lal and Rama Shanker in the main proceeding under Section 145 Cr.P.C., there was no need or ju...
Kings International Vs. Income Tax Officer and anr.
Court: Allahabad
Decided on: Mar-14-1990
Reported in: [1990]185ITR479(All)
A.P. Misra, J. 1. Heard learned counsel for the petitioner and learned standing counsel. The petitioner, by means of the present writ petition, hassought a writ of mandamus directing the Income-tax Officer, Circle-I(6), Kanpur, to stop the recovery of tax demand, vide notice dated March 5, 1990, and also to lift the illegal attachment of the bank accounts of the petitioner without giving notice to the petitioner. According to the petitioner, the Income-tax Officer, without issuing any revised challan for the alleged income-tax dues, attached the bank accounts of the petitioner and has not adjusted the refund and the deposits made by him. According to the petitioner, the recovery is not on the basis of the final appellate order but on the basis of the earlier assessment order. 2. Having heard learned counsel for the petitioner and learned standing counsel, we propose to decide this writ petition finally at the stage of admission. It is, accordingly, disposed of finally. 3. On the facts ...
Lala Ram Vishan Das Vs. Income-tax Officer
Court: Allahabad
Decided on: Mar-14-1990
Reported in: [1990]185ITR492(All)
1. Heard learned counsel fur the petitioner. The present writ petition has been filed for quashing the notice under Section 148 of the Income-tax Act (annexure-3 to the writ petition). The contention raised by learned counsel for the petitioner is that the aforesaid notice does not disclose any material on the basis of which the same has been issued.2. After hearing learned counsel for the parties, we think it appropriate to dispose of this petition even at the stage of admission. On the facts an circumstances of this case, we direct the petitioner to file the return and the respondent shall, thereafter, disclose the material to the petitioner. In this view of the matter, we do not find it proper to interfere with the notice issued by the respondent, under Article 226 of the Constitution. The writ petition is accordingly disposed of with the aforesaid observation.3. Certified copy of this order be issued to the counsel for the petitioner on payment of usual charges within 24 hours....
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