Allahabad Court August 1991 Judgments
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iffco Phulpur Karmchari Sangh Vs. Registrar of Trade Unions and ors.
Court: Allahabad
Decided on: Aug-19-1991
Reported in: [1991(63)FLR823]; (1992)IILLJ239All; (1991)2UPLBEC1345
A.N. Varma, J.1. We are disposing of this petition finally at the admission stage after hearing learned counsel for the petitoner as well as Shri R.K. Jain who represents Sri A.K. Jaiswal, the third respondent.2. IFFCO Phuipur Karmachari Sangh is a registered Trade Union. Like all trade unions it suffers from the malaise of factionalism. Two groups have emerged, one led by Rajendra Rai who has presented this petition in the name of the Trade Union, and the other by A.K. Jaiswal, the third respondent herein, who represents the other. For the past two years or more both these warring groups have been vying with one another for seeking recognition in the shape of entry of the names of the office-bearers elected every year at the meeting held separately by them for that purpose in the Register of Trade Unions. In regard to the last year's elections two petitions are already pending in this Court. We are, however, concerned with the elections held by the two groups for the current year, i.e...
Hind Lamps Limited Vs. Union of India (Uoi), Collr. (Appeals) and ors.
Court: Allahabad
Decided on: Aug-19-1991
Reported in: 1992(38)LC501(Allahabad)
B.P. Jeevan Reddy, C.J.1. Heard the learned Chief Standing Counsel.2. The petitioner says that against the order of the Assistant Collector Central Excise, Agra dated 18.4.1991, he filed an appeal along with stay application before the Collector (Appeals) Allahabad on 12.7.1991. He says that no orders have been passed on the stay application so far. At the same time, it is submitted that the Superintendent Central Excise has issued a letter dated 29.7.1991 proposing to adopt coercive methods to realise the disputed duty. Under the orders of the Assistant Collector Central Excise dated 18.4.1991, a sum of Rs. 8.60.022.02P. is demanded from the petitioner.3. Though we cannot say that the Appellate Authority has been guilty of unreasonable delay in disposing of the stay application, we are of the opinion, in the light of the instructions issued by the Central Board of Direct Taxes and other orders passed by this Court that the proceedings for recovery of disputed duty shall be stayed pend...
Kanpur Cigarettes Pvt. Ltd. Vs. Collector of Central Excise and ors.
Court: Allahabad
Decided on: Aug-14-1991
Reported in: 1992(38)LC325(Allahabad)
B.P. Jeevan Reddy, C.J.1. This writ petition is directed against a show cause notice dated 4.4.1986 (as amended on 24.4.1986) issued in the name of the Superintendent (Prev.) Central Excise Kanpur Division-1.2. The show cause notice avers the following facts: On the basis of information received, a team of Divisional Preventive Officers of Central Excise Division-1, Kanpur visited the premises of the petitioner M/s Kanpur Cigarettes (P) Ltd. engaged in manufacture of cigarettes falling under Tariff Item No. 11(2) of the First Schedule, to the Central Excises and Salt Act 1944, on 7.10.1985. They inspected the cigarette stocks and the books maintained by the petitioner. Several irregularities and infractions of rules were discovered, which constitute the basis of the impugned show cause notice. The show cause notice proposes three separate and distinct actions. As per the original show cause notice the actions proposed are:(i) Imposition of a penalty under Rules 9, 52A, 210 and 226 of t...
Arun Kumar Rai Chaudhary Vs. Union of India and Other
Court: Allahabad
Decided on: Aug-13-1991
Reported in: AIR1992All1
ORDERV.N. Khare, J.1. On 15-5-1991 while dismissing the writ petition we directed that the reasons for dismissal of the writ petition will be given later on. We are accordingly giving the reasons for our judgment in this writ petition.2. By means of this writ petition under Art. 226 of the Constitution the petitioner who is a citizen of India and claims to be a freedom fighter has questioned the continuance of Sri Mulayam Singh Yadav as a Chief Minister of Uttar Pradesh and his Council of Ministers. It is prayed that a writof quo-warranto be issued to Shri Mulayam Singh Yadav to show cause under what authority he purports to act as Chief Minister of State of U.P. and further to oust him from the office of Chief Minister of Uttar Pradesh as he has no constitutional authority to hold the said office and function as such.3. It is not disputed that Shri Mulayam Singh Yadav was appointed by the Governor as Chief Minister of Uttar Pradesh and on his advice the Council of Ministers were appoi...
Ajay Kapoor Vs. Smt. Pramila Kapoor
Court: Allahabad
Decided on: Aug-13-1991
Reported in: AIR1992All283; I(1992)DMC85
ORDERB. L. Yadav, J.1. This is an appeal by the plaintiff appellant husband against the judgment and order dated 16-11-1990 passed by the Principal Judge, Family Court arising out of an application for dissolution of marriage filed by the plaintiff appellant against the wife, the defendant respondent under Section 13 of the Hindu Marriage Act 1955 (for short the Act).2. The factual matrix of the case is that the appellant has fileld an application for divorce under Section 13 of the Act. The respondent filed a written statement. Ultimately a compromise signed by the parties was arrived at on 15-11-1990 (Annexure 6). That compromise was filed before the Family Court, which was to the effect that an amicable settlement has been arrived at and the parties are withdrawing the allegations made against either side. The respondent wife agreed that all the applications made against her husband by her would be withdrawn or got dismissed. This was very specifically agreed upon that any specific ...
Ram Bachan Vs. Family Court Judge and ors.
Court: Allahabad
Decided on: Aug-13-1991
Reported in: II(1991)DMC554
S.K. Dhaon, J.1. This petition, at the instance of the husband, is directed against the order dated 8th November, 1988 passed by the Family Court, Gorakhpur allowing the application under Section 24 of the Hindu Marriage Act 1955 of Smt. Gyani Devi, respondent No. 2 (wife) whereby a sum of Rs. 500/- as litigation expenses and Rs. 200/- per month as maintenance allowance has been awarded to the wife.2. Sometimes in March, 1987 the petitioner instituted Suit in the Court of Civil Judge, Gorakhpur under Section 9 of the Hindu Marriage Act claiming a decree for restitution of conjugal rights. Upon the constitution of the Family Court, the suit was transferred to that Court. The petitioner contested the application made by his wife under Section 24 of the Hindu Marriage Act by filing a reply to it. 3. The only submission made on behalf of the petitioner is that, as envisaged in Section 9 of the Family Courts Act, 1984 (hereinafter referred to as the Act), it was the duty of the Court to fir...
Virisingh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-13-1991
Reported in: 1992CriLJ1383
ORDERN.L. Ganguly, J.1. This application under Section 482, Cr.P.C. is directed against the order of the Vth Addl. Sessions Judge, Mathura dated 16-3-91 passed in Criminal appeal No. 1 of 1985. The learned Sessions Judge by the said order remanded the case to the Court of Asstt. Sessions Judge IV, Mathura to a summon and examine Dr. O.S. Varma, Radiologist, the Investigating Officer and the Doctor, who had examined the injured witnesses of the case. The Court specifically permitted the accused persons to cross examine the said witnesses. The Court had directed that the evidence so recorded may be forwarded to the Court of Session within three months from the date of the said order. The Court was pleased to fix 2-4-91 for appearance of the informant-complainant and accused persons before the Court of IV Asstt. Sessions Judge in pursuance of the remand order.2. This application under Section 482, Cr.P.C. was filed before the Registrar on 10th July, 1991 and was put up for orders and admi...
Prakash Chandra Jaiswal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-13-1991
Reported in: 1992CriLJ1590
N.L. Ganguly, J.1. The applicant Prakash Chandra Jaiswal was a Sub-Inspector in L.I.U. (Local Intelligence Unit) posted in District Farrukhabad, in the year 1975-77. A report was lodged against him and another person by Sri Ram Prakash Tripathi, a Member of Parliament. An investigation was made and a charge-sheet was submitted on 18-12-78 under Sections 161, 120B, I.P.C. and Section 5(2) of the Prevention of Corruption Act. The case was registered as S.T. No. 1 of 1979 before the Court of Special Judge, Farrukhabad. The petitioner has quoted in para 20 of the affidavit that as many as 50 dates were fixed in this case in the said trial. During the long drawn trial on 50 different dates evidence of 25 witnesses could be recorded besides one Court witness. One defence witness was also examined. The learned I Addl. Sessions Judge, Farrukhabad by his judgment dated 10-11-81 discharged the accused applicant for want of proper sanction for the prosecution in offences under the provisions of p...
Sunder Singh Vs. Punjab National Bank, Dehradun
Court: Allahabad
Decided on: Aug-12-1991
Reported in: AIR1992All132
ORDERR.R.K. Trivedi, J. 1. This appeal has been preferred from the order dated 11th July, 1991, passed by learned III Additional District Judge, Dehradun, allowing thereby the review application filed by decree-holder, Punjab National Bank. Sri K. L. Grover has accepted notice for decree-holder respondent, Punjab National Bank. We have heard Sri R. K. Jain, learned counsel for appellant and Sri K. L. Grover.2. The appellant has moved an application under Order 1 Rule 10, C.P.C. and has prayed that Sri Manjeet Singh and Sri Vijai Pal Singh may also be impleaded as respondents Nos. 2 and 3 in the appeal, as they were impleaded as defendants in Original Suit No. 740 of 1985. It has been submitted that under an inadvertent mistake they have been left to be impleaded as respondents in the present appeal. We have heard both the parties on this application. As the limitation for filing the present appeal is up to 10th October, 1991 as shown in the report of the Stamp Reporter, the aforesaid p...
K.N. Misra Vs. M.D., State Bank of India and ors.
Court: Allahabad
Decided on: Aug-09-1991
Reported in: [1991(63)FLR921]; (1992)ILLJ872All; (1992)1UPLBEC33
S.H.A. Raza, J.1. The fate of this writ petition hinges on the reply to the question as to whether the disciplinary authority disagreeing with the report of the Enquiry Officer, without giving any opportunity to the delinquent, may impose punishment to the petitioner.2. In the counter affidavit it has been indicated that the disciplinary authority not only recorded its disagreement with the finding of the Inquiry Officer but also recorded its own finding on charge, on the basis of sufficient evidence on record. He was otherwise competent to impose the penalty, but being junior in rank to the appointing authority, he recommended that he be dismissed from bank service. The appointing authority, while considering the records pertaining to the enquiry in its entirely and being in agreement with the finding of the disciplinary authority, dismissed the petitioner from bank's service.3. Rule 60(3) of the State Bank of India (Supervising Staff) Service Rules, which are applicable to the petiti...
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