Allahabad Court March 1993 Judgments
Safi Ullah Alias Bagga Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Mar-31-1993
Reported in: 1993CriLJ3919
Giridhar Malaviya, J.1. Petitioner Safiullah has challenged his detention in District Jail, Basti in pursuance of an order dated 26-8-1992 passed by the District Magistrate, Siddhartha Nagar under Section 3(2) of the National Security Act. Stating that with a view to prevent the petitioner from acting in a manner prejudicial to the maintenance of public order his detention was necessary.2. According to the allegations, contained in the grounds of detention, on 13-8-1992 the petitioner and his associates Shah Mohammad, Tahir, Mustafa Molvi, Talib, Shauqat, Mohd. Islam, Sanaullah, Mohammad Ali Urf Alii, Musammat Safira, Kallu, Munawwar, Mustafa and Iqbal slaughtered a cow in the ghari of Tahir in village Hasanpur urf Gulariha when Jheenak, Adalat and Ram Dayals/o. Raj Man saw them cutting the cow into small pieces. Thereafter Jhinak went to police station Mohana where he lodged a written first information report at 8.45 a.m. on the basis of which crime No. 182 of 1992 under Section 3/5/8...
Tag this Judgment!Ram Kumar Rai Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-30-1993
Reported in: (1993)IILLJ1064All
M.P. Singh, J.1. There is hardly any justification for not regularising the services of the petitioner who was appointed on January 1, 1980 as Class IV employee on daily wages. He has worked for about thirteen years with some artificial breaks.2. The petitioner's initial appointment was made in District Pratapgrah in the Department of Social Forestry. He worked there till April 30, 1981. From August, 1981 he has been working as a Tracer-cum-Record Clerk (Abhilekh Lipik) at Allahabad at the rate of Rs. 10/- per day. He possessed the minimum requisite qualification for appointment as Forest Guard.3. After appearing in the written examination and facing the interview the petitioner was appointed as Van Prasar Karta (Forest Guard) in the pay scales of Rs.330-7-365-8-381 EB-8-405-EB-9-495. It was a temporary appointment. His services were terminated on May 5, 1986. After giving a break of one day he was again appointed on May 6, 1986 as Daily Wages Works Supervisor.4. The petitioner made a ...
Tag this Judgment!Smt. Saroj Gupta and Others Vs. Ivth Additional Dist. Judge, Etah and ...
Court: Allahabad
Decided on: Mar-29-1993
Reported in: AIR1994All22
ORDER1. This writ petition is directed against the order dated 17th December, 1986, passed by IVth Additional District Judge Etah, deciding the question of valuation of the suit.2. The brief facts of the case are that one Suraj Pal Gupta entered into an agreement on 26-6-1980 with respondents for sale of the shop in question for a sum of Rs. 30,000/-. The respondents thereafter executed a sale deed regarding half portion of the said shop in favour of his wife Smt. Vidya Devi for a consideration of Rs. 24,500/-. The respondents did not execute sale deed with regard to the remaining half portion of the said shop. Suraj Pal Gupta filed suit No. 559 of 1992, for specific performance of agreement dated 26th June, 1980. In the suit he claimed the relief for specific performance of contract of sale regarding half portion of the shop which was not sold by the respondents. In the plaint it was alleged by him that half portion was already sold for Rs.24,500/- and remaining portion was to be sold...
Tag this Judgment!Arcadia Tea Estate Vs. Dy. Labour Commissioner and 9 ors.
Court: Allahabad
Decided on: Mar-29-1993
Reported in: [1994(68)FLR920]; (1993)IILLJ1088All
B.L. Yadav, J.1. Whether a settlement after an award between employer, the petitioner, and the workmen, the contesting respondents, can be held to be valid and binding even though it was arrived at in violation of the principles contemplated under Section 6B of the U.P. Industrial Disputes Act, 1947 (compendiously, the Act) and Rules 26 and 27 of the Rules framed under the Act (compendiously, the Rules), whether for upholding a settlement it must be based on public ground affecting social justice and where an act has been indicated by the legislature to be performed in a particular mode, can that be performed otherwise, are the short but significant questions that fall for determination in these two analogous writ petitions filed by the employer under Article 226 of the Constitution, seeking the relief for issuance of a writ of certiorari quashing the order : dated July 9, 1986 (received on July 16, 1986, Annexure No. 11) passed by the Regional Deputy Labour Commissioner, U.P. in the f...
Tag this Judgment!Gopal Singh Vs. Smt. Dhanraji Devi and anr.
Court: Allahabad
Decided on: Mar-29-1993
Reported in: 1994CriLJ1652
ORDERJ.P. Semwal, J.1. By this application under Section 482, Cr. P. C. the applicant Gopal Singh has sought quashing of the complaint in Criminal Case No. 418 of 1982 under Section 302/34, I.P.C, Police Station Chiraiya Kot, district-Azamgarh, pending in the court of Additional Judicial Magistrate, Azamgarh.2. An incident took place on 21-3-1981 at about 9-9-30 P.M. in which Paramhans Singh, Surya Nath Singh and Kedar died and Devendra Singh received injury. Three different First Information Reports were lodged in respect of the said incident by different persons, vide Annexures-B, C and D, annexed to the affidavit filed in support of the present application.3. It is alleged that the First Information Report (Annexure-C) was lodged by Smt. Dhanraji, opposite party No. 3, who was not an eye-witness, while the remaining two First Information Reports were lodged by the eyewitnesses. Chiraiya Kot Police, after investigating the case, submitted final report in all the above Crime Nos. 93, ...
Tag this Judgment!R.R. Verma Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Mar-29-1993
Reported in: 1994CriLJ762
ORDERA.P. Singh, J.1. In the present case the petitioner has approached this Court for quashing of the order dated 25th November, 1986 as well as the order dated 17th April, 1986 filed respectively as Annexures 7 and 2 to the writ petition. By order dated 17th April, 1986 the petitioner was awarded the punishment to suffer rigorous imprisonment for six months in civil jail and to be dismissed from, Army service by a summary Court Martial whereas by order dated 25th November, 1986 the petitioner's petition filed on 10th July, 1986 against the order dated 17th April, 1986 was rejected by the G.O.C. Central Command, Lucknow, respondent No. 2.2. Brief facts relevant in the present case are that at the relevant time on 9-8-85 the petitioner was posted as guard in the store of the Military Establishment Central Ordinance Depot, Kanpur (hereinafter called the C.O.D.). The petitioner was charge-sheeted by the officer Commanding of the C.O.D. for committing criminal breach of trust in respect o...
Tag this Judgment!Sabhapati Singh Vs. U.P. State Road Transport Corpn. and anr.
Court: Allahabad
Decided on: Mar-26-1993
Reported in: (1994)ILLJ211All
R.A. Sharma, J.1. Petitioners are employees of U.P. State Road Transport Corporation (hereinafter referred to as the Corporation), working in its Central Workshop at Kanpur. They have challenged the order passed by the Corporation retiring them from service at the age of 58 years. The grievance of the petitioners is that their age of retirement is 60 years and, as such, they cannot be retired on completion of 58 years.2. The controversy raised in these writ petitions is covered by a decision of a Division Bench of this court dated December 14, 1992 in Special Appeal No. 91 of 1991, Lalta Prasad v. U.P.S.R.TC and Ors. For the reasons given in the above Special Appeal, these writ petitions are liable to be dismissed.3. Learned counsel for the petitioners, in these cases, has, however, raised a new point, which was not raised in the Special Appeal mentioned above. Relying on Regulation 63 of the Uttar Pradesh State Road Transport Corporation Employees (Other than Officers) Service Regulat...
Tag this Judgment!Bal Mukund Jaiswal Vs. Bharat Sangh Dwara Aasuchana Adhikari Narcotic ...
Court: Allahabad
Decided on: Mar-26-1993
Reported in: 1993(2)ALT(Cri)9; 1994CriLJ818
ORDERV.N. Mehrotra, J.1. This application for bail has been moved by the applicant in a case under Section 8/22 of the Narcotic Drugs and Psycho-tropic Substances Act (hereinafter referred to as the Act).2. According to the prosecution case, Sri S.P. Singh, an officer of the Narcotics Control Bureau, Varanasi, on receiving information that the applicant Bal Mukund Jaiswal was dealing in psychotropic substances at his house situated in Kabirchaura, Varanasi, reached that place at 7.00 a.m. on 26-11-1992. It is said that the officer concerned was accompanied by other officers and constables of the Narcotic Control Bureau. He had also collected two witnesses of the locality before starting with the search of the house of the applicant. It is said that the search of the house of the applicant yielded more than 60,000 Gardenal tablets. It is asserted that the said tablets came within the definition of 'psychotropic substances'. The officer concerned also recovered certain documents from the...
Tag this Judgment!Man Mohan Singh Vs. Assistant Commissioner of Income-tax
Court: Allahabad
Decided on: Mar-24-1993
Reported in: (1993)115CTR(All)290; [1993]203ITR74(All)
1. Notices under Section 148 have been issued against the petitioner. Thereafter, the petitioner made an application dated December 23, 1991 (annexure '7' to the writ petition), stating that the return filed under Section 139 be treated to have been filed pursuant to notices issued under Section 148. It is urged by counsel for the petitioner that, after the aforesaid application has been made, the petitioner has become entitled to get a copy of the reasons, in view of the decision in the case of K.M. Bansal (deceased) v. CIT : [1992]195ITR247(All) , in which this court has taken the view that, when a return was filed pursuant to a notice issued under Section 148 by the petitioners, then the Assessing Officer shall communicate the reasons recorded by him under Section 148 to the assessee, subject, of course, to the necessity of protecting his source/informant, if he thinks such protection is necessary in any given case. 2. Following the said decision, we dispose of the writ petition fin...
Tag this Judgment!Sita Ram and anr. Vs. State
Court: Allahabad
Decided on: Mar-24-1993
Reported in: I(1994)DMC627
D.K. Trivedi, J.1. The above mentioned four Criminal Appeals are directed against the judgment and order dated 18-1-1979 passed by the VII Additional Sessions Judge, Hardoi convicting the appellants under Section 302/34 I.P.C. and sentencing each of them to imprisonment for life.2. The brief facts of the prosecution case are that accused Sita Ram is the father-in-law of the deceased Bahadur and it is said that the daughter of Sita Ram was married to Bahadur deceased but due to some differences between the husband and wife accused Sita Ram was annoyed with the deceased Bahadur. It is said that just before the incident deceased Bahadur beat his wife and, therefore, she was taken away by accused Bechey at the house of Sita Ram. Sita Ram is the elder brother of deceased Bahadur and sister of Mewa Ram (P.W. 1) is married to Siya Ram. It is said that Mewa Ram (P.W. 1) by chance came to the house of deceased Bahadur and, therefore, he was deputed alongwith Daya Shanker the cousin brother of B...
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