Allahabad Court October 1993 Judgments
Smt. Shivrani and anr. Vs. SuryanaraIn and anr.
Court: Allahabad
Decided on: Oct-14-1993
Reported in: 1994CriLJ2026
ORDERK.C. Bhargava, J.1. By means of this revision the revisionists have challenged an order dated 26-8-1993 passed by 5th Additional Sessions Judge, Unnao summoning the revisionists under Section 319 of the Code of Criminal Procedure. The facts which are relevant for deciding the present controversy are that one Suryanarain, the father of deceased Rani, lodged a written report on 5-7-1992 with the allegations that his daughter, Rani, was married to Kashi Din about six years back. After some days of the marriage his daughter' complained to him that she is being assaulted and tortured. She is also given mental torture by saying that she has not brought anything from her parents during the marriage. The complainant talked to the in-laws of his daughter but the matter could not be settled. About two months back the mother-in-law and sister-in-law (Nanand) of his daughter came and took away his daughter after getting the Bida done. On 5-7-1992 at about 8 a.m. Prem Narain, brother-in-law (D...
Tag this Judgment!Gulshan Kumar Vs. the Collector, Ghaziabad and Others
Court: Allahabad
Decided on: Oct-13-1993
Reported in: AIR1994All243
ORDERRavi S. Dhavan, J.1. By this petition, and the facts averred in it, the Court was led to pass an ad interim order on 21 September, 1993, as the petitioner had contended that therecovery certificate, issued by the Collector, Ghaziabad on the initiative of the Union of India, the Department of Telecommunication, was illegal, without jurisdiction and irregular and the petitioner was a total stranger to the recovery proceedings initiated against him, as he had nothing to do with the amount being realised under the recovery certificate issued under the U. P. Public Monyes (Recovery of Dues) Act, 1972. A short resume' of facts is given in the writ petition to suggest that the recovery certificate is connected with a Public Call Office/ Subscriber Trunk Dialling (hereinafter referred to as 'PCO/ STD') connection on a licence was issued to the Messers D. G. Associates, Ghaziabad which, otherwise, is a proprietorship business of one D.P.S. Malik, and that the petitioner has nothing to do w...
Tag this Judgment!Balwan Singh and ors. Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Oct-13-1993
Reported in: 1994CriLJ2052
A.B. Srivastava, J. 1. This appeal is directed against a judgment and order dated 26-10-1979 of the IV Additional District and Sessions Judge, Kanpur, whereby by he convicted the appellants Balwan Singh, Tar Babu alias Pratap Singh, Indrasen, Sheo Ram Damroo, Gajodhar and Hira Lal and sentenced each of them under SECTION 302/149, I.P.C. to imprisonment for life, 307/149, I.P.C. to five years' R.I. and SECTION 148, I.P.C. to R.I. for two years, while acquitting their co-accused Hanuman.2. Parties to this litigation including the deceased Lal Singh belong to village Jonia within the jurisdiction of Police Station Gajner, district Kanpur. All the accused persons hail from a common ancestor. Three of them, Hira Lal, Damroo and Gajodhar are real brothers. Tar Babu and Indrasen are sons of Damroo, Balwan is son of Hira Lal and Sheo Ram is grandson of Gajodhar.3. According to the prosecution case as set out in the F.I.R. and the statements of the witnesses of fact, a plot of land known as Pan...
Tag this Judgment!Vishwa Nath Vs. Shambhu Nath Pandeya Deceased by L.R. and anr.
Court: Allahabad
Decided on: Oct-13-1993
Reported in: 1995CriLJ277
ORDERJ.P. Semwal, J. 1. This is an application under Section 482, Cr PC with a prayer to quash the complaint (Annexure No.I) filed by one Shambhu Nath Pandeya against the present petitioner and one Shrish Chandra under Section 500,1PC and to'stay further proceedings in Criminal Case No.58/IX, of 1981, under Section 500, IPC, pending in the Court of the IInd Addl. Munsif Magistrate, Mathura. '2. The facts giving rise to the present proceeding are that the applicant is the editor, printer and publisher of a string of multilingual magazines. 'Bhu-Bharti' is one of such magazines which is published fortnightly in Hindi. The applicant published in the second number of November, 1980 in Bhu-Bharti an article written by Shrish Chand Mishra, who is the co-accused in the aforesaid complaint. This article is titled 'Mathura Sati Kand-Kya Hardei Ki Hatya Ki Gai.' This article was printed on pages 13 to 18 of the said magazine in the said number. On page 13 in the end of the third column of this a...
Tag this Judgment!Sompal Singh Vs. Artificial Limbs Mfg. Corpn. of India
Court: Allahabad
Decided on: Oct-11-1993
Reported in: (1995)ILLJ81All; (1994)1UPLBEC29
R.R.K. Trivedi, J.1. In this petition counter affidavit has been filed by respondent and both the Learned Counsel have agreed that the writ petition may be disposed of finally at this stage.2. By means of this writ petition petitioner has challenged the order dated October 1, 1993, Annexure 1 to the writ petition, by which petitioner who is a Senior Assistant working in P.S. 3 Department has been transferred to Regional Marketing Centre, ALIMCO, C/o National Institute of Orthopaedically Handicapped, B.T. Road, Bon Honghly, Calcutta.3. Learned Counsel for petitioner has questioned the legality of the aforesaid order of transfer on the ground that the respondent industrial establishment has Certified Standing Orders which do not contain any provision for transfers and the employer in absence of such a provision could not pass the impugned order transferring petitioner from Kanpur to Calcutta. It has been farther submitted that though petitioner was appointed in the year 1976 and the orde...
Tag this Judgment!Ratan Lal Vs. Iind Addl. Sessions Judge and ors.
Court: Allahabad
Decided on: Oct-06-1993
Reported in: I(1994)DMC20
Virendra Saran, J.1. The present writ petition has been filed by Ratan Lal praying that the order dated 28.3.1989 of VII Addl. Munsif Magistrate, Mathura as confirmed by the order dated 4.1.1990 of Sri K.N. Singh, II Addl. Sessions Judge, Mathura in Criminal Revision No. 81 of 1989 be quashed.2. Respondent No. 3 Smt. Padnia filed an application Under Section 125, Cr. P.C. claiming Rs. 500/- per month as maintainance from her husband Ratan Lal, the petitioner. The case set up by Smt. Padma is that she was married to the petitioner according to Hindu rites above 23 years prior to the filing of the application. Smt. Padma alleges that at the time of her marriage she was the only child of her parents and the petitioner and his family members were expecting to get property of her parents after the death of her parents but their fond hopes wrecked on a fortuity which was no other than the birth of a male child to Smt. Padma's parents and hence at the time of 'Gauna' ceremony they started mak...
Tag this Judgment!Zila Sahkari Bank and ors. Vs. Presiding Officer, Labour Court and ors ...
Court: Allahabad
Decided on: Oct-04-1993
Reported in: [1994(68)FLR386]; (1994)IILLJ941All
M.L. Bhat, J.1. The petitioner challenges the award dated November 27, 1982 passed by the respondent No. 2, notified on December 11, 1982.2. It appears that the respondent No. 3, who was appointed as Chaukidar in the petitioner Bank on probation for a period of one year, had raised an industrial dispute that his services were terminated as probationer on September 22, 1979. The reference was made by the U.P. Government to the Labour Court as to whether the order terminating the service of the respondent No. 3 was valid and if not, to what relief he was entitled to. The Labour Court heard the matter and by its award set aside the order of termination of the services of the respondent No. 3. It was submitted by the petitioner in this writ petition that the respondent No. 2 was the Presiding Officer of the Labour Court. He was not qualified to be appointed as the Presiding Officer of the Labour Court as he has not worked for a period of three years as a District Judge or an Addl. District...
Tag this Judgment!Director General, Dept. of Posts Vs. Commissioner, Workmen's Compensat ...
Court: Allahabad
Decided on: Oct-01-1993
Reported in: [1994(68)FLR89]; (1994)IILLJ974All
1. The Director General, Department of Posts, Postal Board, Government of India and four other of its allied departments, in effect the Union of India, have filed the present writ petition impugning the order of the Commissioner and Labour Officer, Maunath Bhanjan, Azamgarh on the application of one Smt. Savitri Devi, seeking a claim under the Workmen's Compensation Act, 1923, on the death of her husband, Sharda Prasad Singh by an accident while on duty. As a result of the accident, the petition itself narrates, the postman, Sharda Prasad Singh, received head injuries and went into a coma from which he never recovered and died on February 11, 1981.2. His widow, Smt. Savitri Devi, contends that she was living in the hope that she would be awarded compensation by the Postal authorities but when it was not forthcoming she was constrained to seek a claim before the Commissioner, Workmen's Compensation under the Act, aforesaid. She filed a belated claim. The Commissioner, Workmen's Compensa...
Tag this Judgment!Ganga Devi Vs. C.B. Joshi
Court: Allahabad
Decided on: Oct-01-1993
Reported in: I(1994)DMC72
M.L. Bhat, J.1. The respondent had filed a divorce petition against the appellant, which was granted on 27-9-1983. It was held by the Court below that the appellant had deserted the respondent and she did not want to live with the respondent, therefore, the marriage between the parties be terminated. The respondent had also raised a ground of mental cruelty for seeking divorce. This ground was based on the allegation of unchastity against the appellent, who was alleged to have told the respondent, her husband, on the very first day of marriage that she was having sexual relations with some third person, who was named in the divorce petition and she treated that man as her husband & did not allow the respondent to consummate the marriage with her. However, this plea was disbelieved by the Court below and it was held that the respondent-husband has failed to prove mental cruelty as alleged by him. Therefore, the ground for divorce of mental cruelty had failed. At the time of passing of t...
Tag this Judgment!Ghai Ice Cream Pvt. Ltd. Vs. Cegat
Court: Allahabad
Decided on: Oct-01-1993
Reported in: 1994(71)ELT669(All)
ORDERAnshuman Singh, J.1. This petition under Article 226 of the Constitution of India is directed against an order dated 4-8-1993 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi, directing the petitioner to deposit Rs. 75,000/- on or before 30th September, 1993 as pre-deposit forgetting that the petitioner on merits filed by him. It is alleged that the petitioner firm is duly incorporated under Indian Companies Act, 1956 and is a private limited company having its registered office at Lucknow and are manufacturing Ice Cream known as 'Quality'. It appears that during the pendency of the appeal; the petitioner has moved an application Under Section 35F of the Central Excise Act (hereinafter referred to as the 'Act') for waiver of pre-deposit condition which is Rs. 1,53,019/-. The Appellate Tribunal, New Delhi, after considering the arguments of the parties, reduced the pre-deposit amount from Rs. 133,019/- as duty and penalty to Rs. 75,000/-.2. We have hea...
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