Allahabad Court February 1993 Judgments
U.P. State Road Transport Corporation Vs. Asst. Labour Commissioner an ...
Court: Allahabad
Decided on: Feb-26-1993
Reported in: [1994(68)FLR237]; (1999)IIILLJ386All
G.P. Mathur, J.1. The Controlling Authority under the Paymentof Gratuity Act (hereinafter referred to as the Act)allowed the application moved by respondent No. 3 and held that he was entitled to Rs. 5,152.50 p.as gratuity and this order was affirmed in appealby the Appellate Authority. Feeling aggrieved theU.P. State Road Transport Corporation (hereinafterreferred to as the Corporation) has filed the presentwrit petition.2. Muneshwar Prasad Srivastava, respondent No. 3 was initially appointed, as Assistant Mechanic, which was a non-pensionable post in the erstwhile U.P. Government Roadways on September 2, 1949. He was promoted to the non-pensionable post of mechanic on March 5, 1959 in the same department. A Notification was issued by U.P. Government on October 25, 1960 under which certain posts like Junior Foreman onwards were declared as pensionable. Respondent No. 3 was promoted as Junior Foreman on May 14, 1964. U.P. State Road Transport Corporation was created under Section 34 of...
Tag this Judgment!Acchuta Singh and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Feb-26-1993
Reported in: 1994CriLJ29
1. Acchuta Singh, Kedar Singh and Jagarnath Singh have filed this appeal against their conviction and sentences awarded by the judgment of the IVth Additional Sessions Judge, Ballia, dated 6-4-1979 in Sessions Trial No. A-95 of 1974 whereby Kedar Singh and Jagarnath Singh were convicted under Sections. 147, 302/149, 365 and 201/149, I.P.C., sentenced to one year, life imprisonment, three years' rigorous imprisonment and four years' rigorous imprisonment respectively, while Acchuta Singh was convicted under Sections. 147, 302/149, 365/ 149 and 201/149, I.P.C. and sentences to him were same as awarded to others.2. It is an unfortunate case where the paucity of evidence is likely to secure acquittal for the appellants even though one might have enough suspicion that they have participated in the incident. It may be mentioned here that along with these three appellants, 9 others namely Parmatma Singh, Siya Ram, Basa-wan Singh, Rama Shanker Singh, Tej Bahadur Singh, Nagina, Ras Bihari, Moha...
Tag this Judgment!Ram Rati Vs. Satya Narain
Court: Allahabad
Decided on: Feb-25-1993
Reported in: II(1993)DMC396
S.N. Sahay, J.1. This is an appeal against the order dated 8-8-1990 passed by the learned Additional Principal Judge, Family Court, directing the respondent to pay Rs. 200/- per month towards maintenance to the appellant from the date of the application under Section 125 Cr. P.C. that is 13-10-1980 subject to the adjustment of the interim maintenance, if any already received by the appellant from the respondent.2. We have heard the learned Counsel for the parties. The only contention of the appellant in this appeal is that the quantum of maintenance awarded by the Family Court is very low. The appellant has prayed that the maintenance may be awarded to her at the rate of Rs. 800/- per per month, but a meagre sum of Rs. 200/- per month only has been granted. It has been found by the Family Court that the respondent is working as a teacher in Ram Bharose Inter College, Telibagh, Lucknow in L.T. Grade and is getting Rs. 2,000/- per month as his total salary, but after deduction he gets on...
Tag this Judgment!Ram Sagar Vs. the State
Court: Allahabad
Decided on: Feb-25-1993
Reported in: 1994CriLJ589
J.P. Semwal, J.1. Ram Sagar, accused-appellant, has filed this criminal appeal from jail against the judgment and order dated 20-5-1980 passed by the Sessions Judge, Banda, convicting him under Section 302, I.P.C.2. The gravamen of charge is that on 15-12-1978 at about 4 p.m. in village Samgara, Police Station Marka, district Banda the accused Ram Sagar committed the murder of Ram Chandra by shooting him dead with Tamancha.3. The facts, presented by the prosecution, are that deceased Ram Chandra alias Bachchan was the elder brother of Phool Chandra P.W. 1. The house of the accused Ram Sagar is adjoining to the house of Phool Chandra. About six years ago there was quarrel between the wife of the deceased and the mother of the accused and the former had hit the mother of the accused with a stone. At that time the accused was not present. After the accused returned, he learnt about the incident. He believed that his mother had been hit by accused Ram Chandra and that he would take revenge...
Tag this Judgment!Chandramma Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-23-1993
Reported in: (1994)ILLJ629All
R.A. Sharma, J. 1. Petitioner claims to be an Accountant working in Agriculture Department of Government of U.P. A first information report was lodged on June 14, 1992, implicating the petitioner in a murder case, in connection with which he surrendered before the Chief Judicial Magistrate on June 18, 1992 and was sent to jail., as his bail application was rejected by learned Chief judicial Magistrate, ultimately he was released on bail by this Court on August 13, 1992. Petitioner, as such, remained in the custody in connection with the aforesaid criminal case from June 18, 1992 to August 25, 1992, on which date he was released in pursuance of the order of bail dated August 13, 1992, passed by this Court. Petitioner is said to have joined his duties in the Department on August 26, 1992. It has been stated that the Plant Protection Officer permitted the petitioner to join his duties on August 26, 1992, on which date the said officer submitted report to the Director of Agriculture for ne...
Tag this Judgment!Shri Ram Vs. Bank of Baroda and ors.
Court: Allahabad
Decided on: Feb-22-1993
Reported in: (1994)IILLJ116All; (1993)2UPLBEC1392
A.B. Srivastava, J. 1. This writ petition is directed against an order dated November 14, 1990 (Anncxure-1) passed by respondent No. 4, the disciplinary authority, dismissing the petitioner from service, and order dated September 30, 1991 (Annexure 2) passed by the appellate authority, the respondent No. 2 confirming the same in appeal.2. The petitioner, who was holding the post of Junior Management Officer, Scale I, in the Nichi Bagh Branch, of the Bank of Baroda at Varanasi (hereinafter referred to as the Bank) on the date of his dismissal, was, on February 28, 1986 while posted as Manager, Rafi Ganj Branch, District Faizabad of the Bank, suspended by an order of the Deputy General Manager, U.P. Zone of the Bank at Lucknow. A charge-sheet along with the statement of allegations and memo dated May 5, 1987, Annexures 6/6-Aand 6-B to the petition, were subsequently served on the petitioner by the Deputy General Manager. The 8 Items of charges based on 39 allegations inter alia being tha...
Tag this Judgment!Sunil Alias Ashiq Ahmad Vs. the Jailor, District Jail and ors.
Court: Allahabad
Decided on: Feb-22-1993
Reported in: 1993CriLJ3738
J.P. Semwal, J.1. By this petition, the petitioner Sunil alias Ashiq Ahmad, has challenged the detention order dated 29-9-1992, passed by the Secretary, Home and Confidential Department, State of U.P. (Anne-xure-1 to the affidavit filed in support of the petition) by which the petitioner filed in support of the petition) by which the petitioner has been ordered to be detained for a period of 12 months under Section 12(1) of the National Security Act, 1980 from 12th August, 1992, the date of commencement of detention.2. The initial detention order was passed by the District Magistrate, Kanpur Nagar on 12-8-1992 (Annexure-2 to the affidavit) on the grounds mentioned in Annexure-3 to the affidavit. In the grounds of detention the alleged activities of the petitioner are set out. On 7-6-92 at about 3.00 p.m., the petitioner along with his associates including Suhel Ahmad, demanded illegally a sum of Rs. one lac on gun point from one Firoz Khan and his brother, who were sitting in the go-do...
Tag this Judgment!Sarish Chandra Vs. the 17th Additional District Judge, Lucknow and Oth ...
Court: Allahabad
Decided on: Feb-17-1993
Reported in: AIR1994All117
ORDER1. By this writ petition the petitioner seeks quashing of the orders passed by Munsif North, Lucknow on 16-11-1992 rejecting objection filed by the petitioner and another order passed by the 17th Additional District Judge on 20-1-1993 rejecting the revision filed by the petitioner against the aforesaid order.2. Harish Chandra father of the petitioner and opposite party No. 4 was a tenant in house No. 18 Khyali Ganj, Lucknow, of which the opposite party No. 3 Smt. Kalawati is the landlady. She obtained permission from the District Magistrate under S. 3 of U.P. (Temporary) Control of Rent and Eviction Act, 1957 and instituted a suit for eviction of Harish Chandra in 1956. This suit was decided by a compromise arrived at between the parties on 22-7-1958 according to which the defendants admitted the need of the plaintiff and agreed to a decree being passed for eviction. It was, however, stipulated that the decree would be executed only when the tenant commits a default in payment of ...
Tag this Judgment!Munna Vs. State
Court: Allahabad
Decided on: Feb-17-1993
Reported in: 1993CriLJ3719
Palok Basu, J.1. This appeal has been filed by Munna against his conviction under Section 302/149, I.P.C. for committing murders of Samokhan Singh, Smt. Katori Devi and Laiq Singh under Section 307/149, I.P.C. for causing fire-arm injuries to Pheru Singh and Phirangi Lal (informant), and under Section 396, I.P.C. For committing dacoity at the houses of Samokhan Singh and Chakrapan during the course of which murders of Suraj Mukhi and Pappu (wife and son of Lik Singh) were committed and sentences of imprisonment for life, five years' R.I. and again imprisonment for life respectively under the aforesaid three counts were awarded by the 1st Addl. Sessions Judge, Mainpuri on 30-3-1981 in Sessions Trial No. 273 of 1979.2. Sri Apul Misra, learned Counsel for the appellant has argued the matter with ability as Amicus curiae and has placed the entire evidence and has taken the court through the record. Sri Jagdish Tewari, learned A.G.A. has been heard on behalf of the State.3. The prosecution ...
Tag this Judgment!Zila Contractors Workers Union Vs. G.M., Annapara Tapiya Pariyojna and ...
Court: Allahabad
Decided on: Feb-16-1993
Reported in: (1993)IILLJ464All; (1993)2UPLBEC829
S.R. Misra, J. 1. As common questions of fact and law are involved in these writ petitions, they are being disposed of by this common judgment.2. In all these writ petitions, Zila Contractors Workers Union Sonbhadra are the petitioners and a prayer for a writ of mandamus has been made for commanding the respondents not to discontinue or deny duty to the workers, shown in Annexure 1 to the writ petitions, on the change of Contractors. Writ Petition No. 29990 of 1991 is being treated as the leading case.3. Counter and rejoinder affidavits have been filed and with the consent of the learned counsel for the parties, the writ petitions are being finally disposed of at the admission stage in accordance with the High Court Rules.4. The brief facts are that the petitioner is an Union of workers registered under the Trade Unions Act 1926 (however, these are the facts of Writ Petition No. 29990/1991, but, as already stated, the facts are common in all the petitions). Annexure 1 contains names of...
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