Allahabad Court April 1991 Judgments
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Jodh Singh and ors. Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Apr-18-1991
Reported in: 1991CriLJ3226
ORDERB.P. Singh, J.1. Jodh Singh and two others have filed this application for revision against the order dated 13-6-1990 passed by IInd Additional C.J.M. Jhansi in Criminal Case No. 1434 of 1990.2. Smt. Indra, wife of Bulbinder Singh, had filed a criminal complaint against Jodh Singh, Smt. Amrit Kaur and Har Prasad, Under Section 500, IPC in the Court of IInd Additional C.J.M. Jhansi. Learned magistrate had examined Smt. Indra Under Section 200, Cr. P.C. and witnesses Har Dayal Singh and Kanhaiya Jaiswal Under Section 202, Cr. P.C.3. Learned A.C.J.M., after going through the statement of the complainant and hearing the witnesses, was of the view that an offence Under Section 504, IPC was made out against Jodh Singh and others. Consequently, learned magistrate summoned the applicants vide order dated 13-6-1990. Aggrieved by the order of the learned magistrate, Jodh Singh and others have come in revision.4. I have heard learned counsel for the parties and have gone through the record o...
U.P. State Road Transport Corporation Vs. Kedar Singh and Others
Court: Allahabad
Decided on: Apr-17-1991
Reported in: AIR1991All317
ORDERN. N. Mithal, J.1. An application under S. 5 of the Limitation Act is the subject of consideration by us. On 20-8-1990 when the Stamp Reporter gave his report on the memo of appeal it mentioned that the appeal would be within time up to 14th October, 1990. The appeal was actually presented on 21st August, 1990.2. The appeal came up for admission before the Court when it was observed that the certified copy of the judgment appeared to have been tampered with. In the column meant for indicating the date when the copy was ready there appeared to be some overwriting and in place of 2Ist May, 1990 the words and figures 27-7-90 seemed to have been overwritten. On suspicion being aroused the court directed the Stamp Reporter to submit a fresh report. In the meantime Sri Y. S. Rathor, had also put in appearance for the respondent to oppose it and, therefore, he was also granted time to file a counter-affidavit but none has yet been filed. The Stamp Reporter submitted a fresh report on 27t...
Muslim Welfare Society, Machhlishahr and Another Vs. Assistant Registr ...
Court: Allahabad
Decided on: Apr-16-1991
Reported in: AIR1992All43; (1991)2UPLBEC1046
ORDER1. The petitioner is aggrieved by an order dated 24th July, 1990 passed by the Assistant Registrar, Firms Societies and Chits, Varanasi under Section 4 of the Societies Registration Act, herein after referred to as the Act. The controversy involved in the present case is as to whether the dispute is such which is to be adjudicated by the authority provided under Section 4 orby the Prescribed Authority under S. 25 of theAct.2. It is not disputed that the last elections were held on 27th Nov. 1986 and a duly constituted executive body of the Society came into existence, of which Sri Shamsuddin was elected as Secretary and Mohammad Hasan as President. The term of the executive body in accordance with Rule 8(h) of the bye laws of the society is three years and in special case it was liable to to be extended for a period not exceeding one year, at a special meeting. It appears, that a set of members of the society conducted fresh election to elect the executive body and claimed to have...
Cawnpore Sugar Works Ltd. Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Apr-16-1991
Reported in: [1992]196ITR274(All)
R.K. Gulati, J. 1. At the instance of the assessee under Sub-section (1) of Section 256 of the Income-tax Act, 1961, the Income-tax Appellate Tribunal has referred the following question of law for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that penalties under the U.P. Sugarcane Cess Act, 1956, and the U. P. Sugarcane (Purchase Tax) Act, 1961, aggregating to Rs. 1,64,014 could not be allowed as a deduction in working out the business income of the assessee-company ?'2. The dispute relates to the assessment year 1953-64. The assessee was subjected to various amounts of penalties aggregating to Rs. 1,64,014 under the provisions of the U. P. Sugarcane Cess Act, 1956, and the U. P. Sugarcane (Purchase Tax) Act, 1961, for non-payment of cane cess and cane purchase tax by the due dates. The assessee claimed before the Income-tax Officer that its inability to pay cane cess and cane purchase tax by th...
Shri Shailendra Kumar JaIn and ors. Vs. State of Uttar Pradesh and ors ...
Court: Allahabad
Decided on: Apr-16-1991
Reported in: 1991CriLJ2969
ORDERN.L. Ganguly, J.1. This is an application under Section 482, Cr. P.C. seeking an order that the proceedings in complaint case No. 9 of 1991 State v. Gopal Das and Ors. under Section 16(1)(c) of the Prevention of Food Adulteration Act, P. S, Kotwali Jhansi, pending in the court of Munsif Magistrate (Economic Offences), Jhansi may remain stayed by virtue of provision of Section 210(1), Cr. P.C. It is stated that an FIR has been lodged in respect of the same incident Under Sections 332, 352 and 427, IPC by the Chief Food Inspector, Jhansi. It is stated that the incident took place at the same time. One offence is an offence punishable under the provisions of the I.P.C. causing hinderance in discharge of the official duty of the : Government servant, hurt and mischief, while other case is Under Section 16(1)(c) of the Prevention of Food Adulteration Act. The two sets of offences are entirely different and distinct and there is no prohibition in law that proceedings in both the cases c...
Raja Ram and Etc. Vs. State of U.P.
Court: Allahabad
Decided on: Apr-16-1991
Reported in: 1991CriLJ3227
P.P. Gupta, J.1.These are two connected appeals filed by Raja Ram (Criminal Appeal No. 3307 of 1978) and Bans Gopal and Shyam Pal (Criminal Appeal No. 3308 of 1978) against the judgment and order dated 22-11-78 passed by Sri Surya Prasad, IVth Addl. Sessions Judge, Fatehpur in connected Sessions Trial No. 171 of 1978 and 408 of 1977 convicting the appellants Under Section 302 read with Section 34, IPC and sentencing each of them to imprisonment for life.2. The charge against the appellants is that they on 17-6-77 at 1 p.m. in furtherance of their common intention, committed the murder of Sahdeo son of Paneha Garedia resident of village Laxmi Narainpur, police station Thariyon, district Fatehpur in the Usar land lying towards the east of village Chaturwa-ka-purwa within the P.S. Hathgaon, district Fatehpur.3. Briefly stated, the prosecution story is that the accused Raja Ram is resident of village Laxmi Narainpur. The other two accused Bans Gopal and Shyam Pal are residents of Mohalla M...
Safi Mohd. HusaIn Vs. State of U.P.
Court: Allahabad
Decided on: Apr-16-1991
Reported in: 1992CriLJ1755
Palok Basu, J.1. This appeal has been filed by Safi Mohd. Husain against his conviction Under Section 302/201, IPC passed by the Sessions Judge, Saharanpur, on 30-7-1983 in Sessions Trial No. 395 of 1982.2. The charge against the appellant was that on 10-7-1982 the appellant committed the murder of Km. Santosh Kala about seven years aged and, therefore, committed the offence punishable Under Section 302, IPC and further that he concealed the body of the deceased in bushes with the intention of screening himself from legal punishment and, therefore, he was charged Under Section 302/201, IPC Aggrieved by the conviction and sentence the appellant has filed the aforesaid appeal from Jail.3. Sri H. K. Sharma, Advocate, has been appointed as amicus curiae by this Court who has argued the case on behalf of the appellant ably. Sri Jagdish Tewari, learned A.G. A. has appeared on behalf of the State. The entire record has been examined.4. In the instant case the prosecution stands to lose the ca...
Tribhuwan Dutt Tripathi Vs. Ramji Tiwari and Another
Court: Allahabad
Decided on: Apr-15-1991
Reported in: AIR1991All268
ORDERN.N. Mithal, J.1. This first appeal by the defendant arises out of a suit for specific performance of an agreement entered into by the defendant for sale of his land to the plaintiff respondent.2. Put in brief the plaintiff's case is that by an agreement dated 20-5-74 the defendant had agreed to transfer his land situate in plaintiffs village for a consideration of Rs.91,000/- within one year. A sum of Rs.500/- was paid as advance and the balance was payable at registration. The plaintiff was always ready and willing to perform his part of the contract but the defendant committed its breach and failed to execute the sale deed in spite of written demand through notice.3. The defendant on the other hand contested the claim and pleaded that the agreement sued upon is not the real agreement which has been suppressed and the suit has been filed on the basis of a fictitious document by forging his signatures. He, therefore, denied having executed this agreement. It was further pleaded t...
Vishwanath and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Apr-15-1991
Reported in: 1991CriLJ3076
P.P. Gupta, J.1. These are three connected criminal appeals filed by Vishwanath (Criminal Appeal No. 2116 of 1977), Chotey Lal (Criminal Appeal No. 2064 of 1977) and Dase alias Ram Das (Criminal Appeal No. 2072 of 1977) against the judgment and order dated 10-9-1977 passed by the II Addl. Sessions Judge, Basti, in S.T. No. 265 of 1976, convicting and sentencing the appellant, Vishwanath, Under Section 302, IPC and the other two appellants, viz. Chotey Lal and Dase alias Ram Das, Under Section 302 read with Section 34, IPC and sentencing each of them to imprisonment for life.2. The charge against the appellants is that they on 10-3-1976, at about 4-15 p.m. in village Gegaria Garh, P. S. Dhanghata, within the district of Basti, in furtherence of their common intention, committed the murder of Kishun resident of village Gagaria Garh.3. The prosecution case, in brief, is that the deceased Kishun was resident of village Banda and was issueless. His brother, Khuddar's family was living there...
Atar Singh and Others Vs. Lotan Singh and Others
Court: Allahabad
Decided on: Apr-11-1991
Reported in: AIR1992All59
ORDER1. The plaintiff-respondent had filed a suit for injunction with the prayer to restrain the defendant-appellants from alienating the land in dispute. The trial Court had granted an injunction. Against the same the defendants had preferred an appeal before the lower appellate Court. On the particular day when the appeal was called out for hearing, the appellants were not present and accordingly the appeal was dismissed for non-prosecution. Thereafter a restoration application was filed by the defendant-appellants, which has been dismissed by the lower appellate Court by the impugned order dated 17th November, 1990. Aggrieved, the defendant-appellants have preferred this First Appeal From Order in this Court.2. I have heard learned Counsel for the parties and have gone through the impugned order passed by the court below. By the said order the lower appellate Court has dismissed the restoration application both on the grounds that the affidavit which was filed by the father of the a...
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