Allahabad Court May 1990 Judgments
Nannu Alias Nanwa Alias Nanu and anr. Vs. State of U.P.
Court: Allahabad
Decided on: May-31-1990
Reported in: 1991CriLJ1051
G. Malaviya, J.1. Criminal Appeal No. 2404 of 1988 has been preferred by appellants Nannu alias Nanwa alias Nanu and Mahendra against their conviction and sentence in Sessions Trial No. 144 of 1986, in which convicting them Under Section 302 IPC read with Section 149 IPC, the IV Addl. District & Sessions Judge, Ghaziabad has awarded them death sentence. The Additional Session Judge has made usual reference No. 29 of 1988 for confirmation of the death sentence. Criminal Appeal No. 2397 of 1988 has been preferred by Amar Pal and Jaivir appellants against the same judgment in which these persons were also convicted Under Section 302 read with Section 149 I.P.C. and were sentenced to imprisonment for life. All the appellants were further convicted Under Section 452 I.P.C. and were awarded three years R. I. each. The appellant Jaivir was convicted Under Section 147 I.P.C. and was sentenced to six months R.I. The appellant Nannu alias Nanwa alias Nanu, Mahendra and Amar Pal were further conv...
Tag this Judgment!The New India Assurance Company Ltd., Saharanpur Vs. Shri Sudesh Bhall ...
Court: Allahabad
Decided on: May-26-1990
Reported in: 1991ACJ225; AIR1991All43
ORDERG.D. Dube, J.1. These two appeals have arisen against the judgment and order of iMotor Accident Claims Tribunal, Bijnor, allowing the claim of respondents and directing the two appellants to pay Rs. 60,000/-. Out of this amount the opposite parties 2 to 4, namely U.P. State Road Transport Corporation (hereinafter referred to as Corporation), regional Manager, U.P. State Road Transport Corporation, Bareilly and Assistant Regional Manager of U.P. State Road Transport Corporation, Bareilly and Mora-dabad respectively were directed to pay Rs.40,000/- and Rs. 100/- as costs. The appellant New India Assurance Company was directed to pay Rs. 20,000/- and Rs. 50/-as costs to the claimants. They were also asked to pay interest at the rate of 6 per cent per annum. Since both the appeals arise out of the same judgment and order, we are deciding the same by this common judgment.2. Some of the facts are not disputed. Prithviraj Bhalla working as commission agent, resident of Muzaffar-Nagar was...
Tag this Judgment!U.P. Chalchitra Nigam Ltd. and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-26-1990
Reported in: [1991(62)FLR24]; (1995)IIILLJ723All; (1991)1UPLBEC163
S. Saghir Ahmad, J.1. U.P. Chalchitra Nigam Ltd., Lucknow (Opposite Party No. 2) which is a Government Company within the meaning of the Indian Companies Act, was established on September 10, 1975 with the object of carrying on the business of production, distribution and exhibition etc. of the cinematographic films and other allied objects set out in the Memorandum/Articles of Association. Petitioners 1 and 2 are the registered trade unions of the employees of the U.P. Chalchitra Nigam.2. This petition has been filed by the aforesaid Unions under Article 226 of the Constitution by which Office Orders Nos. 30, 31, 32, 33 and 34 all dated February 26, 1990, have been challenged as they purport to terminate the services of the employees of the Nigam with effect from March 31, 1990. A list of the employees who are the members of the aforesaid Unions has been filed as Annexure-2 while the copies of the termination orders have been filed as Annexure 3 to 7 to the writ petition.3. It is plea...
Tag this Judgment!indrawati and ors. Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: May-26-1990
Reported in: I(1991)DMC117
Palok Basu, J.1. Smt. Indrawati is the mother-in-law, Vimal Prasad is the father-in-law, Yogendra Kumar is the husband respectively, of Smt. Rita who died of burn injuries on 18-7-1987. Rikhab Sen Jain father of Smt. Rita lodged an FIR at Police Station Kotwali district Muzaffarnagar registered at Crime No. 376/87, under Section 306/498A IPC and 3/4 Dowry Prohibition Act alleging that the petitioners treated Smt. Rita with extreme cruelty as further dowry demands could not be met by him whereupon Smt. Rita has been burn by the petitioners. After investigation, the police submitted a chargesheet and the petitioners have been committed to the Court of Sessions. Consequently, Sessions Trial No. 48 of 1988, is pending in the Court of Additional Sessions Judge, Muzaffarnagar and charges under Section 304B IPC/498A IPC and 3/4 Dowry Prohibition Act have been framed against the petitioners on 7-9-1988. This writ petition was got reported on 31-3-1990 in this Court and has been filed on 9-5-19...
Tag this Judgment!The New India Assurance Co. Ltd. Vs. Sudesh Bhalla and ors.
Court: Allahabad
Decided on: May-26-1990
Reported in: II(1991)ACC133
G.D. Dube, J.1. These two appeals have arisen against the judgment and order of Motor Accident Claims Tribunal, Bijnor, allowing the claim of respondents and directing the two appellants to pay Rs. 60,000/-. Out of this amount the opposite parties 2 to 4 namely U.P. Stale Road Transport Corporation (hereinafter referred to as Corporation), regional Manager, U.P. State Road Transport Corporation, Bareilly and Assistant Regional Manager of U.P. State Road Transport Corporation, Bareilly and Moradabad respectively were directed to pay Rs. 40,000/- and Rs. 100/- as costs. The appellant New India Assurance Company was directed to pay Rs. 20,000/- and Rs. 50/- as costs to the claimants. They were also asked to pay interest at the rate of 6 percent per annum. Since both the appeals arise out of the same judgment and order, we are deciding the same by this common Judgment.2. Some of the facts are not disputed Prithviraj Bhalla working as commission agent, resident of Muzaffer Nagar was travell...
Tag this Judgment!Rahul Prasad Vs. Institute of Medical Sciences, Banaras Hindu Universi ...
Court: Allahabad
Decided on: May-25-1990
Reported in: AIR1991All8; (1990)2UPLBEC1039
ORDER1. By means of instant petition, under Art. 226 of the Constitution of India, the petitioner beseeches this Court to command the respondents to admit him in the I year M.B.B.S. Course of the year 1989-90 at the Institute of Medical Sciences, Banaras Hindu University, Varanasi (hereinafter called the Institute), against the five supernumerary seats reserved for bona fide students of Degree Course of Banaras HinduUniversity (hereinafter referred to as the University), treating him to be such a bona fide student.2. Sometimes in February, 1989, the Institute notified holding of Combined Competitive Entrance Examination 1989 leading to admission to its I year M.B.B.S. Course of 1989-90 and issued an Information Leaflet containing the requisite informations with regard to date of receipt of application form, dale of examination, eligibility requirements, place of examination, number of seats, mode of filling the application form, syllabus, papers and evaluation etc. According to Informa...
Tag this Judgment!Naresh Chandra and Others Vs. District Magistrate, Nainital and Others
Court: Allahabad
Decided on: May-25-1990
Reported in: AIR1990All188; (1990)2UPLBEC1110
ORDER(1) These four petitions relate to the composition of the Kshettra Samiti and the elections of the Pramukh and Up-Pramukh of the Kshettra Samiti under the U. P. Kshettra Samitis and Zila Parishads Adhiniyam 1961, henceforth referred to as the Act.(2) The matter concerns the constitution of the Kshettra Samiti of Block Bazpur District Nainital. The entire issue rests on the controversy of one Rachpal Singh being the representative, ex officio of a co-operative society known as Sahkari Ganna Vikas Samiti, Ltd., having its registered office at Bazpur. Rachpal Singh was elected as Chairman of the Sahkari Ganna Vikas Samiti, Bazpur by virtue of the fact that he was on its general body. So far the facts are not in issue.(3) To become a representative to a Kshettra Samiti the essential requirement is representation from a co-operative society, which has its registered office within the khand, in reference to a Kshettra Samiti. One must also be an elector on the assembly rolls from the ar...
Tag this Judgment!Shri Ram Washer Rahat Industries Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: May-25-1990
Reported in: [1991]187ITR85(All)
1. By this application under Section 256(2) of the Income-tax Act, 1961, the assessee is asking this court to direct the Tribunal to state the following four questions :'1. Whether the learned Tribunal was justified on facts and in law in rejecting the application under Section 254(2) and in ignoring the evidence and material on records ? 2. Whether the learned Tribunal was legally justified in ignoring the facts already placed on records and the affidavit of counsel ? 3. Whether the Tribunal was legally justified in not treating the application under Section 254(2) as a petition for review and not rectifying the mistake apparent on the face of the records ? 4. Whether the Tribunal was legally justified in. ignoring Form No. 11-A which was already discussed in the order of the lower authorities and was very much part of the records ?' 2. So far as questions Nos. 1 to 3 are concerned, they pertain to the question whether any concession was made by learned counsel for the assessee before...
Tag this Judgment!Kanhaiya Lal Gupta Vs. State of U.P.
Court: Allahabad
Decided on: May-25-1990
Reported in: 1990CriLJ2419
S.R. Bhargava, J.1. In this appeal it is not disputed that on 20th October, 1982 appellant Kanhaiya Lal was a petty licensed diesel dealer of village Rudhauli, district Basti. He did not have regular underground tank for storing diesel oil. It is further not disputed that he used to store diesel oil in drums. He had no pump for measuring oil. He used to sell diesel oil by measurement from litre measure.2. Prosecution story is that on 20th October, 1982 the then District Supply Officer, Basti, Ramesh Chandra Srivastava PW 3, accompanied by Supply Inspector Munni Lal, PW4, and public witnesses Sudama Tewari, PW1, and Ram Milan, PW2, carried out physical checking of his stock of diesel oil and as compared with the stock register maintained by the appellant, found shortage of 950 litres.3. On the basis of written report, Exhibit ka 3, submitted by the Supply Officer chik report was prepared and case was registered against the appellant the same day at 12.05 in the same noon. District Magis...
Tag this Judgment!Ravi Shankar Mishra Vs. State of U.P.
Court: Allahabad
Decided on: May-25-1990
Reported in: 1991CriLJ213
ORDERR.K. Saksena, J.1. A crime was registered at police station Deeg, district Bharatpur, State of Rajasthan, on the foot of allegations that three persons including Raja Man Singh a candidate in general election, had been murdered and some had suffered wounds at the hands of police party on 21-2-1985 at about 12 or 12.30 noon on the eve of general election. The crime was throughly investigated under the orders of the Central Government by a Senior Officer of the C.B., C.I.D., new Delhi, who submitted a charge sheet against some police officers posted in that district including the petitioner, Ravi Shankar Misra, who was then posted as Sub-Inspector at the said police station. Shortly put, the accusation are that while Raja Man Singh was going on a vehicle along with some of his associates in connection with election compaign the police party surrounded his vehicle and persons constituting the party, indiscriminately fired shots. Yet another , allegation is that Raja Man Singh and his...
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