Allahabad Court April 1992 Judgments
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Sewa Ram and ors. Vs. State
Court: Allahabad
Decided on: Apr-09-1992
Reported in: 1992CriLJ2929
ORDERI.S. Mathur, J.1. In these two bail applications in cases under the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as N.D.P.S. Act) similar questions of fact and law arise, and as such, they are being disposed of by this common order.2. In Crl. Misc. Case No. 14475 of 1991 (Crime No. 249 of 1991 under Section 20-B of the Narcotic Drugs and Psychotropic Substances Act, P. S. Baberu, District -- Banda) applicant Sewaram was arrested on 26-8-1991 for the alleged offence under Section 20(b) of the N.D.P.S. Act for allegedly being in possession of one Kilogram ganja and two and a half Tolas opium for the purposes of selling. It is alleged that, while on patrol duty, Sub-Inspector Harish Chandra Tripathi, S.O. got the information from an informer that the applicant was selling Ganja and opium in front of the Government Opium Shop. The S.O., accompanied with the public witnesses Ram Chandra Gupta and Shiv Mangal Chaubey, searched the applicant and found the a...
Shree Shankar Straw Products Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Apr-09-1992
Reported in: 1993(64)ELT166(All)
1. The petitioner was availing exemption from Central Excise duty on Straw Board in terms of Notification No. 80/80 dated 19-6-1980 falling under Tarrif Item No. 17(2). On 6-10-1983 the Preventive Officers of the Central Excise, Kanpur, detected that in addition to manufacturing the Straw Board, the petitioner was also manufacturing 'Rice' by dehusking paddy falling under Tarif Item No. 68 of the First Schedule to the Central Excises and Salt Act, 1944 in the same premises under the same manner and the same partnership. The petitioner had commenced manufacture of straw board with effect from 11-3-1981. and had availed exemption from payment of Central Excise duty during the financial year 1980-81 to 1982-83 in terms of the aforesaid Notification dated 19-6-1980. There was also a provision in the said notification to the effect that if the value of clearances of all excisable goods by him or on his behalf, for home consumption from one or more factories, during the preceding financial y...
Champa Srivastava Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-08-1992
Reported in: [1992(65)FLR569]; (1999)IIILLJ1588All
Palok Basu, J. 1. This is a writ petition filed by Smt. Champa Srivastava claiming hereself to be the Vice- President and Chairman of an Organisation named Bonded Labour Liberation Front and Bandhwa Mukti Samiti respectively having its Head office at 7, Jantar Mantar Marg, New Delhi, Branch Office at Ramai Patti, district Mirzapur. In this petition it has been stated that inspite of the district Mirzapur being still infested with innumerable bonded labourers in the villages and the District Authorities having been duly informed of those unfortunate citizens, adequate measures under the Bonded Labour System (Abolition) Act, 1976, hereinafter referred to as the Act has not been taken. It has further been averred that the State Government has allocated land for rehabilitation of the bonded labourers in as much as adequate grant was also provided for the said rehabilitation job but no rehabilitation has taken place much less allotment of any land to those bonded labourers, Still further av...
Surendra Kumar Vs. Babu Ram
Court: Allahabad
Decided on: Apr-07-1992
Reported in: AIR1993All103
ORDER1. Heard Sri V. D. Ojha, learned counsel for the revisionist, at length and in detail.2. To assail the decree of ejectment passed against the defendant-revisionist, Sri Ojha has made following two submissions:--(a) The decree was passed ex parte and without giving any opportunity to the defendant and as such the decree was illegal and liable to be set aside: (b)that the court below acted contrary to law in coming to the conclusion that the house in dispute was not amenable to the provisions of U. P. Urban Buildings (Regulations of Letting, Rent and Eviction) Act, 1972, hereinafter called the 'Act'. 3. With regard to ground (a) regarding lack of opportunity, there is no material before this Court to arrive at a conclusion that the decree was passed ex parte and the defendant-revisionist did not have the opportunity of producing his evidence as alleged. Itwill be relevant to point out that the revisionist has not even cared to make any assertion on oath before this Court complaining...
Smt. Vimlesh W/O Sri Prakash Chand Sharma Vs. Sri Prakash Chand Sharma ...
Court: Allahabad
Decided on: Apr-07-1992
Reported in: AIR1992All260
ORDER1. This is the defendant's (wife's) Second Appeal in a petition for a decree of divorce filed by the plaintiff, the husband-respondent. The plaintiff respondent filed petition under S. 13 of the Hindu Marriage Act, (for short the Act), on the allegations that the marriage of plaintiff respondent with the appellant was solemnized on 24-2-1978 at Mainpuri in accordance with the relevant ceremonies of the Hindu religion. After marriage the appellant wife resided with her husband for about 15 months at Agra and thereafter without any sufficient cause she withdrew from the company of her husband on 28-7-79 and she deserted the respondent for more than two years. She has been suffering from mental disorder and he could not be expected to live with her. This fact was admitted by the wife in her letters. This all was done by her to bring the marital relation to an end. It was to such an extent that it was never resumed. Her behaviour was harsh and insulting. She misbehaved with her in-law...
Virendra Singh Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Apr-07-1992
Reported in: 1992CriLJ2825
ORDERU.K. Verma, J.1. This is a revision against the order of the X Addl. Sessions Judge, Bulandshahr, refusing to summon Jitendra Singh as an accused at that stage of the trial although as argued by the counsel for the applicant in the examination-in-Chief of Virendra Singh (P.W. 1) there was evidence about his complicity in the crime in question. He cited the cases of Chandra Pal Singh v. State of U.P., reported in 1991 All Cri Cas. at page 332, Margoobul Hassa v. State, reported in 1988 All Cri R 466 : (1988 Cri LJ 1467) and Ram Niwas v. State of U.P. reported in 1988 All Cri R 647 : (1990 Cri LJ 460) to make out his point that nothing should have prevented the trial Judge from summoning Jitendra Singh as an accused and the constraint be felt in this regard was not justified at all.2. The counsel for the opposite parties in reply urged that the power with regard to the summoning of a person as an accused by the Court is an extraordinary one and has to be sparingly exercised for comp...
Agra Leatheries Ltd. Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Apr-02-1992
Reported in: [1993]200ITR792(All)
Om Prakash, J. 1. By order dated November 19, 1977, the Income-tax Appellate Tribunal (Delhi Bench-A, Delhi), has referred the following question under Section 256(1) of the Income-tax Act, 1961 (briefly 'the Act, 1961'), for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the penalty of Rs. 46,500 paid by the assessee to the customs authorities on import of 'plastic sponges' constitutes an allowable deduction under Section 28 or 37(1) of the Income-tax Act ; or in the alternative, could the amount of the aforesaid penalty paid form part of the cost of the goods to be assessed?' 2. The facts as found in its order dated January 11, 1977, by the Appellate Tribunal in I. T. A. No. 4296 of 1974-75 pertaining to the assessment year 1971-72, briefly, are that the assessee had obtained licences for import from Agra Charen Kala Kendra Pvt. Ltd. and thereunder the assessee imported plastic sponges. The, Customs Authorities held that, under those import l...
Krishi Utpadan Mandi Samiti, Amroha Vs. Ganga Ram S/O Mohan, and Other ...
Court: Allahabad
Decided on: Apr-02-1992
Reported in: AIR1992All275
ORDERB. M. Lal, J.1. First Appeal No. 676 of 1991 (State of U.P. v. Jagdish Prasad) and First Appeal No. 954 of 1990 Krishi Utpadan Mandi Samiti v. Ganga Ram though heard oh different dates but since in both the appeals similar question relating to S. 5 of the Limitation Act (hereinafter referred to as the Act) is involved, these two appeals are being disposed of by this common judgment.FIRST APPEAL NO. 954/1990Krishi Utpadan Mandi Samitiv. Ganga Ram and others.2. The point in issue involved is whether this appeal is to be treated within the period of limitation, and if not whether appellant has furnished explanation within the meaning of sufficient cause and good cause so as to exercise discretion in his favour in condoning the delay under S. 5 of the Act ?3. Before dealing with the rival submissions made by learned counsel for the respective parties, certain material facts and dates are necessary to be stated.4. Admittedly, the appellant was not a party to the reference proceedings m...
Onkar and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Apr-01-1992
Reported in: 1992CriLJ3179
Palok Basu, J.1. Omkar Nath, Maiyadin, Narbada, Ganesh, Shankar and Chunni Lal have filed this appeal against the judgment and order dated 26-10-1978 passed by the IV Additional District and Sessions Judge, Banda, in Sessions Trial No. 254-A of 1975 convicting all the appellants under Sections 148 and 302/149 IPC and sentencing each of them to two years' R. I. and imprisonment for life respectively thereunder. The charge against the appellants was that on 18-9-1975 at about 1.30 p.m. in village Kamasin they formed an unlawful assembly the common object of which was to cause death of Juggi Lal, Munni Lal and Devi Dayal and also committing the offence of rioting which were punishable under Sections 148 and 302/149 IPC Omkar, Narbada and Maiyadin were further charged under Section 307/149 IPC with regard to the injuries caused to Munni Lal and Devi Dayal by their firearms.2. The prosecution case is that Hori Lal owns a house in Kamasin town in the lower portion of which Juggi Lal maintain...
Chandrawati (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Apr-01-1992
Reported in: 1992CriLJ3634
ORDERJ.P. Semwal, J.1. Heard the learned counsel for the applicant and the learned A.G.A. at great length.2. This is a bail application by the accused applicant in case crime No. 196 of 1991 under Sections 302/201, IPC pertaining to police station Parasrampur, District Basti.3. According to the prosecution version, Smt. Kiran was beaten by the applicant and other members of the house on 4-11-1991 at 9 a.m. She was dragged inside the house where she was again beaten and was locked in a room. Smt. Kiran was crying for help which was heard by the neighbourers. The said Smt. Kiran subsequently died and the dead body was taken out and was surreptitiously burnt by the accused at the chakroad towards the west of their plots. The village chaukidar Sri Mihilal lodged the report on 15-11-1991 at 3.20 p.m.4. The learned counsel for the applicant has argued that no specific role has been attributed to the accused applicant and that she is an old lady of seventy years of age. It was further argued ...
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