Allahabad Court March 1990 Judgments
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State of U.P. Vs. Babu
Court: Allahabad
Decided on: Mar-14-1990
Reported in: 1991CriLJ991
D.K. Trivedi, J.1. The present criminal appeal filed by the State of U.P. is directed against the judgment and order of acquittal dated 27-7-89 passed by Shri S. B. Panday, II Addl. Munsiff-Magistrate, Unnao.2. The Police submitted the charge-sheet against the opposite party under Section 25 of Arms Act. It is said that on 1-1-88 at about 1.00 p.m. in the night, the accused was arrested and from his possession one 'Addhi' of 12 bore and two live cartridges were recovered. Subsequently, the learned Magistrate acquitted the accused for want of evidence.3. The lower Court's record of the present case shows that the first date of the evidence was 21-1-89 but as the accused was not present, therefore, the case was adjourned for 1-2-89. On 1-2-89, the prosecution moved an application for adjournment as the witnesses were not present. In the application, it was alleged by the prosecution that probably communication has not been made. The case was adjourned for 16-3-89 and thereafter on 26-4-8...
Jaipal Singh Vs. State of U.P.
Court: Allahabad
Decided on: Mar-09-1990
Reported in: 1990CriLJ2504; I(1992)DMC298
G.D. Dubey, J.1. The applicant has been arrested in connection with an offence punishable under Section 304B and 498A of the I.P.C.2. The applicant is the husband of the deceased. The marriage had allegedly taken place about two years before the occurrence. The deceased is said to have committed suicide in a grove near the house of the applicant by burning herself to death on 2.6.1989. The post-mortem report says that deceased has pregnancy of eight months. The annexure submitted by the applicant regarding the statement of some other witnesses themselves show that the applicant was demanding Rs. 5,000/- as dowry from the father of the deceased. It has been contended that these witnesses are of far off distances and are merely chance witnesses.3. It has been argued by the learned Counsel for the applicant that Section 498A of the Indian Penal Code was incorporated in the code by Criminal Law amendment Act 46 of 1983. Since this Act has been repealed by Repealing and Amendment Act No. 19...
Kishan Lal Singhania Vs. District Judge, Kanpur Nagar and Another
Court: Allahabad
Decided on: Mar-08-1990
Reported in: AIR1991All13
ORDER1. By the present petition under Art. 226 of the Constitution of India the order dated 15-7-1989 passed by the District Judge, Kanpur Nagar, rejecting the application filed by the petitioner for dismissing the suit filed by respondent No. 2 for ejectment and arrears of rent as in the said suit the relief for ejectment in same suit which was not permissible under law and the suit was bad for multifarious ness of the cause of action.2. The factual matrix of the case is that the plaintiff respondent No. 2 has filed a suit for ejectment and arrears of rent in repect of Flat No. 1 and Flat No. 2 on the third floor of House No. 26/41-42-43, Birhana Road, Kanpur. Flat No. 1 was let out to Ms. Singhania & Sons Pvt. Ltd. in June, 1959 for a rent of Rs. 200/ - per month which was later on enhanced to Rs. 260/- and Rs. 270/- per month. Whereas Flat No. 2 was let out to the same tenant on a rent of Rs. 175/ - and later on enhanced to Rs. 189/- and Rs. 236.75/- per month. But later on the pres...
M/S. Kalloomal Tapeshwari Prasad and Co. Vs. M/S. Rastriya Chemicals a ...
Court: Allahabad
Decided on: Mar-07-1990
Reported in: AIR1990All214
ORDERN. N. Mithal, J.1. On dismissal of the plaintiffs application for grant of temporary injunction, the present appeal has been filed.2. The respondents have put in appearance and have filed their counter-affidavits to which rejoinder-affidavit by the appellant has also been filed. The learned Counsel for the parties are agreed that the appeal may be disposed of at the admission stage itself as all the relevant materials are already on the record. We, therefore, proceed to hear the appeal and dispose of the matter finally.3. Before proceeding further, however, we may mention at the outset that the observations which we are going to make hereafter are only tentative and are based on prima facie appreciation of issues involved on the basis of material now on record. Thisopinion, however, is not binding on the trial Court at the time of the trial of the suit which it will decide on material then on record.4. A few background facts may be stated here. The defendant-respondent No. 1 is a ...
Narendra Kumar Vs. Shobha Kumari
Court: Allahabad
Decided on: Mar-02-1990
Reported in: II(1994)DMC192
B.P. Singh, J.1. This is an application for revision against the judgment and order dated 13.7.1987 passed by Learned III Additional Sessions Judge, Budaun in Criminal Revision No. 299 of 1986.2. The facts leading up to this application for revision may briefly be stated as follows:Smt. Shobha Kumari, who is the wife of the applicant Narendra Kumar. had moved an application under Section 125 Cr.P.C. in the Court of C.J.M., Budaun. The application was registered as Criminal Case No. 50 of 1986. The claim of the wife was that she was married to Narendra Kumar on 12.5.1979 in accordance with Hindu religious rites. After her marriage Smt. Shobha Kumari starting living with Narendra Kumar and duly used to perform the duties of a wife. A daughter was born out of the wedlock but she died subsequently. Initially the relations were some what cordial but subsequently dispute arose as Narendra Kumar and his parents wanted more dowry. The applicant was tortured and was forced to bring Rs. 5,000/- ...
Kalyanpul Cold Storage, Kalyanpur and Others Vs. Sohanlal Bajpai (Dece ...
Court: Allahabad
Decided on: Mar-01-1990
Reported in: AIR1990All218
1. The list has already been revised but no one is present for the appellant. The appellant has also failed to supply the paper book. We, therefore, dismiss this appeal in default.2. There is also a cross-objection filed by the plaintiff-respondent claiming additional rate of interest and also interest on a higher amount. The requisite court-fee has been paid on the cross-objection. Having heard Sri K. L. Grover, learned Counsel for the respondent, we find that there is merit in the submission made on his behalf. The contention of the respondent is that under S. 34 of the Code of Civil Procedure, interest at a reasonable rate can be awarded by the Court on the principal sum adjudged and in addition thereto the interest on the principal sum of money at a reasonable rate prior to the date of the institution of the suit with further interest not exceeding 6% per annum as the Court may deem reasonable.3. The respondent's argument, therefore, is two-fold. Firstly it is submitted that the pr...
Shakti theatre Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Mar-01-1990
Reported in: [1990(60)FLR827]; (1999)IIILLJ81All; (1990)1UPLBEC707
K. C. Agrawal, A.C.J. 1. This petition under Art. 226 of the Constitution has been filed by Shakti Theatre, Civil Lines, Bijnor, for a writ of certiorari quashing the notification dated April 30, 1986 issued by the Central Government under Section 5 read with Sub-section (1) of Section 7 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Provident Funds Act)(Act 19 of 1952).2. Shakti Prasad Mittal is the proprietor of the cinema at Bijnor which he is running in the name of Shakti Theatre. In 1952, the Parliament enacted the aforesaid Act the institution of the benefit of Provident Funds for the employees in factories and other establishments. Sub-section (3) of Section 1 makes the provisions of the Provident Funds Act applicable to every establishment which is a factory engaged in any industry specified in Schedule I and in which twenty or more persons are employed. Clause (b) of Sub-section (3) of Section 1 confers power on the Cen...
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