Allahabad Court July 1991 Judgments
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Smt. Archana Gupta Vs. Ashok Kumar Gupta and ors.
Court: Allahabad
Decided on: Jul-25-1991
Reported in: I(1992)DMC131
N.L. Ganguly, J.1. A criminal complaint Under Section 406 IPC read with Section 6 of Dowry Prohibition Act was filed by the applicant in the Court of Spl. Chief Judicial Magistrate Allahabad against the opposite parties No. 1 to 4. The learned Magistrate after recording statements under Section 200 and 202 Cr. PC. passed orders summoning the accused persons opposite partyNo. 1 Ashok Kumar, husband under Section 6 of Dowry Prohibition Act. He had not passed any order under Section 406 IPC. No notice were issued against the other three accused persons. Being aggrieved by the said order of summoning of only husband and that too under Section 6 of the Dowry prohibition Act, a revision was filed before the learned Sessions Judge Allahabad. The learned Sessions Judge dismissed the revision by order dated 3.6.83. It was held by the learned Sessions Judge that once dowry has been taken by the father and other, they should also be prosecuted under Section 6 of the Dowry Prohibition Act cannot b...
Ravindra and Co. Vs. Collector of Central Excise
Court: Allahabad
Decided on: Jul-25-1991
Reported in: 1992(58)ELT474(All)
ORDERB.P. Jeevan Reddy, C.J.1. The petitioner is the manufacturer of chewing tobacco. A dispute arose whether duty is leviable on his product or not. A communication dated 6-12-1990 from the Asstt. Collector followed by a communication dated 10-12-1990 from the Superintendent, Central Excise was sent to the petitioner holding that the petitioner's product is dutiable. He filed writ petition No. 6 of 1991 for quashing the said communications. Pending the writ petition he was allowed to clear his goods without payment of duty but subject to the condition that he furnished security for the disputed tax (other than cash security or bank guarantee). Pursuant to the said interim order, the petitioner says, he ; omitted a sale deed by way of security for certain amount and later he was obliged to deposit certain Fixed Deposit Receipts by way of security. The writ petition was allowed by a Bench of this Court by its order dated 4-4-1991 on the ground that the said communications were inoperati...
Bir Singh Rawat and ors. Vs. Virendra Kumar and anr.
Court: Allahabad
Decided on: Jul-25-1991
Reported in: 1(1992)ACC166
ORDERR.R.K. Trivedi, J.1. This appeal arises out of an award dated 29.3.1979 passed by learned District Judge, Tehri Garhwal, in Motor Accident Claim petition No. 202 of 1974 where under Claim of the present appellants has been rejected. Beer Singh, appellant No. 1, father of one Kirti Singh along with widow of his son and two minor grand-sons and one minor grand-daughter filed Claim petition No. 202 of 1974 Claiming compensation on account of death of Kirti Singh, who was aged about 33 years at the time of death, in motor accident which took place on 16.4.1974, at about 1.00 P.M. on Rishikesh Tehri road at 21 mile near Fakot. The deceased Kirti Singh was travelling in unfortunate bus No. U.P.S. 5731 which met an accident at the aforesaid place and fell down in a sleep khud resulting in death of several persons and causing injuries to many others. The appellants claimed Rs. One lakh as compensation on many counts.2. Claim of the appellants was resisted by respondent's Nos. 1 and 2 on a...
M/S. Synthetics and Chemicals Ltd., Bareilly Vs. Controller, Weights a ...
Court: Allahabad
Decided on: Jul-24-1991
Reported in: AIR1992All41
ORDERA.N. Varma, J.1. This petition is directed against an order dated 17 July, 1981 passed by the Controller, Weights and Measures, U.P. Lucknow, in an appeal filed by the petitioner against the decision of the Senior Inspector of the said Department dated 20-1-1980.2. Learned counsel for the petitioner states that this petition is confined to the decision of the Controller on the third issue formulated by him in the impugned order. The issue was; 'Whether the marking on Rubber bales was as per provisions of packaged Commodities Rule, 1977' (the correct description of which is the Standards of Weights and Measures (Packaged Commodities) Rules, 1977). The finding recorded by the Controller on this issue runs as follows :--'As regards issue No. 3, in case you want to seek exemption under Rule 34 of the packaged commodities Rules, 1977, you should unambiguously indicate on the packages of Rubber bales the words 'not for sale, packed specially for exclusive use as Raw Material within the ...
The State of U.P. Vs. Kameshwar Prasad
Court: Allahabad
Decided on: Jul-24-1991
Reported in: 1992CriLJ1324
Surya Prasad, J.1. This is a criminal appeal by the State of Uttar Pradesh against the judgment and order dated 1-5-1980 passed by the then IV Additional Sessions Judge, Bijnor Sri Ikramul Bari in Special Trial No. 14 of 1978 State v. Kameshwar Prasad under Section 161 I.P.C. and Section 5(2) of the Prevention of Corruption Act, whereby the learned Additional Sessions Judge acquitted the accused.2. The prosecution case briefly stated is that Dharampal Singh PW 2 received a demand notice in respect of the electricity charges relating to the tube-well. He had made representation to the Executive Engineer Hydel Division Bijnor to the effect that the tube-well had not worked during the period from October, 1974 to November, 1975 because the boring had failed. Therefore, he prayed for relief in respect of the electricity charges on that account. He had produced certain certificates in support of his contention that the tube-well had not worked during that period. Consequently, the Executive...
indra Bahadur Verma Vs. Purshottam Das Nishad and anr.
Court: Allahabad
Decided on: Jul-24-1991
Reported in: 1992ACJ758
B.L. Yadav, J. 1. Indra Bahadur Verma, the owner of scooter No. UMV 4454, who is alleged to have caused the death of Sanichari Devi on 11.6.1988 and against whom the Motor Accidents Claims Tribunal by its award dated 14.2.1991 has awarded a sum of Rs. 15,000/- has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act').2. The factual matrix of the case is that under Sections 92-A, 110 and 110-A of the Motor Vehicles Act, 1939, a claim petition was filed by Purshottam Das Nishad, the husband and Rambhawati, the daughter of the deceased Sanichari Devi. An F.I.R. was lodged in that connection by one Srikant, the grandson of the deceased, alleging that on 11.6.1988 at about 7.35 p.m. the deceased was going to market to make some purchases and at a distance of 100 metres from the house the appellant was going on scooter and by that scooter the deceased met with an accident. In other words, the deceased being crushed down with the scooter became unconsci...
Singh Beverages Private Limited and anr. Vs. Union of India (Uoi) and ...
Court: Allahabad
Decided on: Jul-24-1991
Reported in: 1993(42)ECC64; 1991LC502(Allahabad)
R.B. Mehrotra, J.1. Both the aforesaid writ petitions involve common question of law and fact and, as such, are being disposed of together.2. In writ petition No. 315 of 81, the petitioners are carrying on the business of manufacture and sale of aerated water, known as Campa Cola, Campa Orange and Campa Lemon and special Soda. The petitioner company is a registered company.3. In this case, a franchise agreement entered into between M/s. Pure Drinks (New Delhi) Limited, New Delhi (hereinafter referred to as 'Company') and the petitioner (namely, Singh Beverages Pvt. Limited and another) really establish that the petitioner was manufacturing the beverages, only beverages base was supplied by M/s. Pure Drinks, New Delhi. The franchise agreement also shows that the petitioner was manufacturer of the said beverages but the manufacturing was being done in the trade name of the company. The agreement took care that the petitioner-manufacturer shall not violate the trade mark of the company. T...
Churk Cement Mazdoor Sangh, Churk and Others Vs. State of U.P. and Oth ...
Court: Allahabad
Decided on: Jul-22-1991
Reported in: AIR1992All88
ORDERB.P. Jeevan Reddy, C.J. 1. These writ petitions call in question the validity and legality of the sale by Government of U. P. of 51% shares in a wholly Government owned public sector Corporation, U. P. State Cement Corporation Ltd. (UPSCCL) in favour of Dalmia Industries (Respondent No. 5 in W. P. No. 10607 of 1991).2. In the State of U. P., there are only three major cement factories, besides a fewsmall units. All the three major units are in the public sector. They are Churk Cement Factory, Dala Cement Factory and Kajaar-hat-Chunar Cement Factory. In 1972, the State Government formed a Government Company known as U. P. State Cement Corporation Ltd. (UPSCCL), which came to own these factories. It appears that two of these factories were started even prior to the incorporation of the Corporation, while the third was installed and commissioned by the Corporation itself.3. The total installed capacity of the three plants is 25.60 lakhs M. T. per annum. Viewed in terms of their insta...
Dinesh Kumar Misra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-22-1991
Reported in: (1992)IILLJ527All
B. Dikshit, J.1. By this writ petition, the petitioner has sought relief for issue of writ of mandamus for providing employment as peon at Janta Inter College, Ahraula, District Azamgarh (hereinafter referred as College), which is recognised institution getting grant-in-aid from State Government and is being governed by the provisions of Intermediate Education Act, 1921. As this petition pertains to a person seeking employment due to death of his father, who was in employment as Assistant Teacher at College, this Court directed Standing Counsel by order dated August 28, 1990 to file counter-affidavit within two weeks on behalf of State of Uttar Pradesh, Director of Education (Secondary) U.P. and District Inspector of Schools, Azamgarh. This Court also made it clear in said order that as petitioner seeks employment due to death of his father in harnesss, therefore, the petition can be decided at the admission stage.2. The Standing Counsel filed counter-affidavit for respondents represen...
Radhey Shyam and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jul-22-1991
Reported in: 1992CriLJ202
ORDERN.L. Ganguly, J.1. The applicants were involved in a case crime No. 188-A of 1989, Under Section 147, 324, I.P.C.P.S. Bhogaon, District Mainpuri. After investigation, the police submitted a charge-sheet under Sections 147/148/149/324, I.P.C. The applicants were enlarged on bail in 1989 for the offences under the aforesaid sections. On an application of the complainant-informent, the learned Magistrate alter-ed the charge to one under Section 307 substituting Section 324, I.P.C. The learned counsel for the applicants submitted that the said application for alteration of the charge was moved by a private counsel engaged by the complainant and it was not actually filed by the Public Prosecutor. He submits that it was necessary in a State case. Against the said order of alteration of charge under Section 307, I.P.C a revision was filed before the learned Sessions Judge which was allowed and the case was remanded back to the Court below for reconsideration. Again, the learned Magistrat...
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