Allahabad Court September 1992 Judgments
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Munney Khan Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-24-1992
Reported in: 1993CriLJ2550
G.P. Mathur, J.1. Initially writ petition No. 16223 of 1992 had been filed by Munney Khan and four others. Subsequently the name of remaining four petitioners was deleted by the order dated 11-5-1992 and separate petitions have been filed on their behalf, since all the five petitioners have been detained in pursuance of orders passed by the District Magistrate, Aligarh on the same day and identical grounds have been furnished to them, they are being disposed of by a common order. Writ petition No. 16223/92 on behalf of Munney Khan shall be treated as leading case as necessary documents have been filed in the said petition.2. The District Magistrate passed an order under Section 3(2) of National Security Act (hereinafter referred to as the Act) on February 5, 1992 stating that he was satisfied that with a view to preventing Munney Khan from acting in any manner prejudicial to the maintenance of supplies and services essential to the community, it was necessary to detain him. He accordin...
Cawnpore Textile Ltd. Vs. Industrial Tribunal (iv) and ors.
Court: Allahabad
Decided on: Sep-22-1992
Reported in: (1994)IILLJ407All
R.S. Dhavan, J.1. The present writ petition by employer (herein after referred to as such) M/s. awnpore Textile Limited, Kanpur is against an award of the Industrial Tribunal (IV), Lucknow dated January 23, 1979 in adjudication case No. 76 of 1976.2. The employee, one Shri Jethoo, the workman, was dismissed by the employer on October 19, 1976. The cause of dismissal followed a suspension order on an allegation that he had abused a senior mistry in the department where the workman also worked. A domestic enquiry was held and the employer on the report of the Enquiry Officer came to the conclusion that the misdemeanour of the workman concerned in abusing the mistry warrants dismissal. Thus, the employer passed dismissal order dated October 18, 1976. This action of the employer was approved under Section 6-E of the U.P. Industrial Disputes Act, 1947 by the Industrial Tribunal.3. The workman was aggrieved by the order of dismissal and he raised an industrial dispute; it was referred for ad...
Hom Singh Vs. State of U.P.
Court: Allahabad
Decided on: Sep-22-1992
Reported in: 1993CriLJ2892
R.R.K. Trivedi, J.1. By means of this petition legality of the order dated 28-5-1992 passed by the learned Sessions Judge, Etawah, has been questioned by the petitioner. By the aforesaid order, bail granted to petitioner on 21-5-1986 in pursuance of the order dated 11-7-1984 of the Hon'ble Supreme Court has been cancelled and the petitioner has been directed to be taken into custody for serving out the sentence.2. Facts necessary for appreciating the controversy involved in the present writ petition are that petitioner Horn Singh was tried, convicted and sentenced to life imprisonment in Sessions Trial No. 74 of 1973, under Section 302/149, 323/149 and 148, I.P.C., by order dated 30-7-1973, passed by Sessions Judge, Etawah. The aforesaid order became final to the petitioner and he was transferred to Central Jail, Fatehgarh for serving out the sentence on 22-4-1979 from Etawah District Jail. Petitioner filed Writ Petition No. 2778 of 1983 before Hon'ble Supreme Court. The writ petition ...
U.P. State Road Transport Corporation Vs. Gajadhar Singh and ors.
Court: Allahabad
Decided on: Sep-22-1992
Reported in: 1994ACJ434
B.M. Lal, J.1. By the present First Appeal From Order, the Uttar Pradesh State Road Transport Corporation (for short 'the Corporation') has challenged the award dated 25.10.1991, passed by the Motor Accidents Claims Tribunal, Etah (for short 'the Tribunal') in Motor Accident Claim Case No. 46 of 1989.2. It appears that on 8.2.1989, in the evening hours at about 5.40 p.m., one Tejpal Singh while returning home by his Atlas moped met an accident with Roadways bus No. UHI 204 belonging to the Corporation/ The bus was being driven by driver Raghubir Singh with close proximity and due to negligence of driver Raghubir Singh the bus struck against the moped and Tejpal Singh received multiple injuries as a result of which he died.3. The sons, daughter, widow and father of deceased Tejpal Singh filed aforesaid claim case against the driver of the bus and officer incharge of the Corporation claiming a sum of Rs. 4,04,258.60 with interest at 6 per cent per annum as compensation.4. After consideri...
Rajju Son of Jagveer Singh and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Sep-21-1992
Reported in: 1994CriLJ105
1. This appeal has been preferred against the judgment and order of First Additional District and Sessions Judge, Farrukhabad, convicting and sentencing Rajju to imprisonment for life under Section 302 of I.P.C. and two years R.I. under Section 148 of I.P.C. The appellants Suresh Singh, Sher Bahadur Singh and Punjabi have been convicted and sentenced to suffer R.I. for five years' under Section 307 of I.P.C. and two years' R.I. under Section 148 of I.P.C. The appellants Jagvir Singh, Chhote Singh, Jagdish Singh, Muneshwar Singh, Mansha Ram and Bhimsen have been convicted and each of them sentenced to undergo R.I. for one year under Section 147 of I.P.C. The sentences of each appellants were directed to run concurrently.2. In the first information report lodged at 2 p.m. on 5-7-1977 in P.S. Rajepur district Farrukhabad by P.W.1 Vishwanath Singh it was alleged that there is a Sehan land in front of the house of Smt. Sheela Devi. Sheela Devi is wife of brother of reporter. Jagvir Singh ap...
Shri Chand JaIn and Others Vs. the Competent Authority, Urban Ceiling, ...
Court: Allahabad
Decided on: Sep-18-1992
Reported in: AIR1993All19
ORDER1. The petitioners have filed the present writ petition under Art. 226 of the Constitution of India for quashing the order dated 25-11-82, passed by the Competent Authority and the order dated 22-2-86, passed by the District Judge, Saharanpur in proceedings under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the Act.)2. The petitioners filed a statement under S. 6(1) of the Act. On 11-3-1977 a draft statement was served upon the petitioners. The petitioners filed objection against the said draft statement. Thereafter, another amended draft statement was served on the petitioners on 24-2-1978, showing 5980 square metres as excess vacant land with petitioner No. 1 and 1990 square metres as excess vacant land with petitioners Nos. 2 & 3 each. The petitioners, further filed additional objection. On these three objections three cases were registered.3. The objection of the petitioners was common. Their case was that plots Nos. 232 & 233...
M/S. Triveni Structurals Ltd., Vs. M/S. Newage Enterprises, Allahabad
Court: Allahabad
Decided on: Sep-18-1992
Reported in: AIR1993All78
ORDERG.D. Dube, J. 1. This appeal arises from an order of Civil Judge, Allahabad issuing an ad-interim injunction before issuing notice to the appellant, asking the appellant and respondent to maintain status quo on the spot and not to proceed with further commencement of the work on spot till 24-8-1992. From the annexures to the application for staying the order of the trial Court it transpires that at the first instance the above order was extended up to 26-8-1992 and thereafter on 26-8-1992 it has been extended to 4-l 1-1992.2. Admittedly the appellant had taken a contract from the National Thermal Power Corporation (NTPC in brief hereinafter) for raising a micro-wave tower at Noida district Ghaziabad. The appellant had invited tender for foundation work and the respondents tender was accepted. From the papers annexed to the affidavit, counter-affidavit and rejoinder affidavit it transpires that a series of letters were exchanged between the parties. Annexure No. 4 of counter-affida...
Commissioner of Wealth-tax Vs. Syed Amjad Ali
Court: Allahabad
Decided on: Sep-18-1992
Reported in: [1993]202ITR19(All)
1. At the instance of the Revenue, the Income-tax Appellate Tribunal, Delhi Bench 'B', New Delhi, has referred the following question for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the firm, Messrs. Amjad Ali and Company, in which the assessee was a partner was an industrial undertaking within the meaning of the Explanation to Section 5(1)(xxxii) of the Wealth-tax Act, 1957, and as such in confirming the order of the Appellate Assistant Commissioner whereby he held that the assessee was entitled to exemption under Section 5(1)(xxxii) of the Act in respect of his interest in the said firm ?'2. List is revised. None appears for the assessee. We have, therefore, heard only learned standing counsel for the Department.3. The opposite party is a partner in the firm, Messrs. Amjad Ali and Co., Meerut, which is said to be engaged in the manufacture and processing of tobacco. The Tribunal relying on the order ...
Nanha S/O Nabhan Kha Vs. State of U.P.
Court: Allahabad
Decided on: Sep-18-1992
Reported in: 1993CriLJ938
G.D. Dube, J. 1. In the third bail application moved by the petitioner for bail in case Crime No. 53 of 1989 under Section 302, IPC of P.S. Ganj, district Rampur Hon'ble N.L. Ganguli, J. has referred the following question to a larger Bench for an authoritative pronouncement:--'Whether an accused is entitled to be released on bail on the ground of parity by moving a second or third bail application in a circumstance that at a later date a co-accused of the same criminal case with a similar role was granted bail by the another Hon'ble Judge before whom without disclosing the fact that the bail application of another co- accused with similar role had already been rejected, by another Bench, bail was granted.'2. The short facts relevant for the decision of the aforesaid question are as under:--A first information report was lodged against Iqbal, Dildar Kha, Khursheed and Nanha at 11-10 a.m. on 9-10-1989 in the above mentioned police station. Khursheed and Dildar had moved application No. ...
Gur Dayal Khanna and Others Vs. Smt. Malti Devi and Others
Court: Allahabad
Decided on: Sep-17-1992
Reported in: AIR1993All90
ORDER1. In pursuance of an order of remand passed by this Court dated 27-3-1980 allowing Writ Petition No, 1495 of 1977 filed by Amarjit Singh, the predecessor-in-interest of the contesting respondents/landlord, the proceedings in Original Suit No. 126 of 1975 in the Court of Judge Small Causes, Moradabad which had been initiated seeking a decree for the eviction of the petitioners from the premises in dispute and for recovery of arrears of rent and damages for use andoccupation, were resumed and the suit was decreed by the trial court on 30-9-1985. This decree was challenged by the tenant in a revision filed under S. 25 of the Provincial Small Cause Courts Act which was dismissed by the respondent No. 1 vide the judgment and order dated 21-9-1988. Feeling aggrieved, the tenant-petitioner has now approached this Court for redress.2. The material facts of this case lie in a narrow compass. The suit referred to above had been filed on the grounds contemplated under S. 20(2)(a), (c) and (...
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