Allahabad Court July 1992 Judgments
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Mohd. Isa Khan Vs. State of U.P.
Court: Allahabad
Decided on: Jul-10-1992
Reported in: 1992CriLJ3987
Kundan Singh, J.1. This appeal revolves round the questions (1) Whether the evidence of witnesses identifying the accused for the first time in court without having identification test during investigation can be relied upon and (2) whether the opinion of Hand writing and Finger Print Expert in respect of signature on the voucher can form basis of conviction and sentence of the appellant Mohammad Isa.2. This appeal has been preferred by the appellant against the judgment and order dated 3-12-1979 passed by Sri Usha Kant Varma, the then Vth Additional Sessions Judge, Kanpur, in Session Trial No. 273 of 1972 whereby he has convicted the appellant Mohammad Isa under Section 419, IPC and sentenced him to two years' rigorous imprisonment, under Section 420, IPC to 3 years' rigorous imprisonment and a fine of Rs. 2000/-, under Section 467 to four years' rigorous imprisonment and a fine of Rs. 10,000/-under Section 468, IPC to 3 years' rigorous imprisonment and under Section 471, IPC to 3 yea...
Wazir Yadav Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: Jul-10-1992
Reported in: 1993CriLJ1220
Palok Basu, J.1. In spite of several decisions by the Hon'ble Supreme Court and following them, by this Court and perhaps all other High Courts, counsel are emboldened to argue that the given case may not fall within the ambit of 'acting in any manner prejudicial to the maintenance of public order' and shall be confined to the 'law and order' problem. In the instant case, however, since the petitioner Wazir Yadav claims himself to be a 28 years aged man, being a student of Class M.Ed. in Nanak Chand Angle Sankrit College, Meerut and that he is a sportsman and a renowned social worker and further claims to be a student leader, his actions as reported through grounds 1, 2, 3 and 4 appear to be too serious to countenance the aforesaid argument.2. It appears that on 26-2-92 the District Magistrate has passed an order of detention under Section 3(3) of the National Security Act (N.S.A.). In passing the said order, the District Magistrate felt satisfied that since it was necessary to prevent...
Shyam Lal Biri Merchant Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Jul-10-1992
Reported in: 1993(68)ELT548(All)
R.K. Gulati, J.1. On the allegations that the petitioner had removed certain stocks of Biri without payment of duty during the period November, 1979 to January, 1982 and had thereby evaded excise duty leviable thereon to the tune of Rs. 1,77,607.43 P. the Additional Collector, Central Excise, Allahabad, vide his adjudication dated 26-12-1990, required the petitioner to pay the said amount and a penalty of Rs. 30,000/-. As against that order, the petitioner has preferred an appeal before the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi, which is pending decision. The petitioner also filed an application before the appellate authority, seeking stay of the disputed amounts, which was granted in part by the Tribunal by its order dated 31st December, 1991, inasmuch as, it directed the petitioner to deposit Rs. 80,000/- only within two weeks and the balance of the amount was stayed. However, the petitioner did not make the deposit and made another application before the T...
Sadhu Singh Chauhan Vs. Dr. B.M.L. Tiwari and anr.
Court: Allahabad
Decided on: Jul-09-1992
Reported in: 1993CriLJ3572
ORDERN.L. Ganguly, J.1. The petitioner was transferred by general order dated 28-6-90 from Obra Distt., Sonbehadra to Bangermau. Distt, Unnao in Government Degree College. The petitioner preferred a writ petition against the order of transfer. An interim order was passed by this Court dated 22-8-90 which read as under:'The interim order dated 28-6-96 (Annexure-1) to the writ petition No. 17504 of 1990 Viaji Narain Singh v. Dy. Director of Education shall remain stayed so far as it relates to the petitioner alone.'After the order was passed by this Court, the petitioner states that he filed the certified copy of the order of the High Court before the respondents and an endorsement of receipt was made thereon by the office. He personally met the opposite party No. 2 at several occasion requesting him to pass order for payment of salary to the petitioner. The present application for action under the Contempt of Courts Act has been initiated by the applicant solely on the ground that since...
Jaswant Singh Vs. Smt. Premwati and anr.
Court: Allahabad
Decided on: Jul-08-1992
Reported in: II(1992)DMC410
B.M. Lal, J.1. This appeal is under Section 19 of Family Courts Act, 1984 in which appellant is husband while respondent is his wife. The appeal is directed against an order by which the Court below has allowed an application of respondent filed under Section 125 of Code of Criminal Procedure (in short Cr.P.C.) and directed appellant husband to pay a sum of Rs. 250/- per month as maintenance to respondent wife with effect from date of order.2. When the appeal was taken up for admission hearing under Order XLI Rule 11 of the Code of Civil Procedure (for short block 'Code'), the learned Counsel for appellant argued that appeal may be admitted and notice be issued to respondent. He argued that this Court do not have the power to dismiss the appeal at the stage of admission. He submitted that the appeal under Section 19 of Family Court Act is a First Appeal and therefore under Chapter XI Rules 9(a) of the Rules of Court the appeal is liable to be admitted.3. Order XLI Rule 11 of Code empow...
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