Allahabad Court March 1993 Judgments
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Shamsher Ahmad Alias Billa Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Mar-24-1993
Reported in: 1994CriLJ180
Giridhar Malviya, J.1. This habeas corpus petition has been filed against the detention of the petitioner Under Section 3(2) of the National Security Act in pursuance of an order dated 17-9-1992 passed by the District Magistrate, Nainital directing the petitioner to be detained as it was necessary to detain him to maintain the public order.2. The grounds furnished to the petitioner indicate that he is the leader of the gang which indulges in illegally entering the reserve forest and cutting away the trees and that the petitioner has generated terror in his capacity as a person who smuggles out the jungle property. The people with a view to save their lives and property do not muster up courage to report against the petitioner. Because of the continuous felling of trees the ecological balance is getting disturbed with the result that the rainfall has decreased. The hill people are finding the water supply dwindling inasmuch as in the hill region tube wells or other sources of water are ...
Manzoor Ahmad Vs. the State Transport Appellate Tribunal, U.P. Lucknow ...
Court: Allahabad
Decided on: Mar-18-1993
Reported in: AIR1994All202
ORDER1. In this petition counter affidavit has been filed and learned counsel for parties have agreed that petition may be decided finally at this stage. 2. The short but important and interesting question involved in this petition is as to whether the bar created by Section 104 of the Motor Vehicles Act, 1988 (hereinafter referred to as the New Act) shall take into its sweep even such un-notified and independent route, which for some compelling reason had a diversion and shared a common strip with a notified route, which also faced indentical, diversion for the same reason and passed through the strip which was not originally a portion of the notified route. 3. The facts necessary to appreciate the controversy which is subject matter of this petition are that Muzaffarnagar Bijnor route was covered by a scheme framed under Section 68C and confirmed under Section 68D(3) of the Motor Vehicles Act, 1939 (hereinafter referred to as the Old Act). The route was notified under Section 68D(3) ...
U.P. State Road Transport Corporation and Others Vs. Trilok Chandra an ...
Court: Allahabad
Decided on: Mar-18-1993
Reported in: 1993ACJ1238; AIR1993All330
1. These two appeals, F.A.F.O. Nos. 268/1981 and 281/1982 are being decided by one judgment as these appeals pertain to compensation claimed under Motor Vehicles Act, 1939 in respect of the accident in which one Prem Chandra has died.2. By virtue of the Appeal No. 268/1981 application of the clarmants was granted and they were awarded Rs. 57,600/- compensation jointly which was to be divided equally among them, each claimants is getting Rs. 14,400/-. There were four claimants in all. The Appeal No. 281/1982 is against an order whereby mathematical mistake is corrected inthe judgment dated 1-12-1980 and the compensation has been raised to Rs. 81,600/-.3. Before adverting to the Appeal No. 281 / 1982 which is against enhanced amount of compensation it would be advantageous to give brief resume of the facts. The deceased Prem Chandra who was 26 years' old is said to have met with an accident with Bus No. UTW 1802 owned by the appellants. It was alleged by the claimants that the deceased w...
Tannery and Footwear Corporation of India Ltd. Vs. Labour Court and or ...
Court: Allahabad
Decided on: Mar-18-1993
Reported in: (1994)IILLJ1186All
ORDERM.L. Bhat, J.1. The award of the Labour Court II, Kanpur dated November 29, 1990 is prayed to be quashed in this petition. The said award has directed reinstatement of the respondent No. 2 after recognising him as a workman and has also directed to regularise his services from December 17, 1985. He is entitled to get back wages also. A reference seems to have been made to the Labour Court to consider whether the termination of the service of the respondent No. 2 with effect form November 5, 1983 was proper and legal. If the termination is not treated proper and legal, what is the relief available to him? On proof of the claim of the respondent No. 2, was he entitled to work as Machine Operator and get wages of the said post and could he be regularised on the said post, if so, from which date and on what terms?2. From the record it is revealed that the respondent No. 2 was enrolled as an apprentice under the Apprenticeship Act of 1961 (hereinafter called as 'the Act of 1961') on No...
Nathooni Singh and Etc. Vs. State of U.P.
Court: Allahabad
Decided on: Mar-18-1993
Reported in: 1994CriLJ3
ORDERS.K. Verma, J.1. All these bail applications relate to offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act for short) and are being disposed of by this common order because similar questions of law have been raised in these cases.2. The main submission made on behalf of the learned Counsel for the applicants in these cases is that in view of the decision of this Court in Sewa Ram v. State of U.P., 1992 Cri LJ 2929 : (1992 All LJ 942) and also in view of decision of this Court in Criminal Misc. Bail Appln. No. 14479 of 1992 (Dadan Singh v. State of U.P.) the legal position is as follows:(a) The provisions of Sections 42 and 50 of the NDPS Act are mandatory and violation of any of these provisions will raise a presumption of prejudice.(b) The prosecution may show with reference to the appropriate evidence at the stage of bail and in the trial that compliance of these provisions was, in fact, made.(c) The prosecution could also place before the Court rel...
Devendra Singh Negi Alias Debu Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Mar-18-1993
Reported in: 1994CriLJ1783
ORDERVirendra Saran, J.1. Devendra Singh Negi alias Debu filed this aplication on 8-1-1993 modification of my order dated 30-9-1992 passed in Criminal Misc. Application No. 12627 of 1992. It was prayed that the learned Chief Judicial Magistrate Incharge Sessions Judge, Tehri Garhwal be directed to consider the surrender and bail application of the applicant without further delay.2. The facts of the case are that an F.I.R. was lodged on 23-3-1992 by one Sanjay Sharma at Police Station Muni Ki Reti, District Tehri Garwal, under Section 302, I.P.C. and the same was registered as Crime No. 10 of 1992. It was stated in the F.I.R. that on 20-3-1992 at 11 a.m. one Indrajeet Singh was murdered by three persons, namely, Yogendra Datt Panwar, Nand Kishore alias Nandu and Rishi. There was no mention that any person other than the three named in the F.I.R. also participated in the crime. 3. The applicant filed an application under Section 482, Cr.P.C. stating that the police was trying to arrest h...
Jai NaraIn and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-17-1993
Reported in: 1993CriLJ3687
ORDERSudhir Narain, J.1. This writ petition is directed against order dated 25-6-1992, passed by Sub-Divisional Magistrate, Meja, Allahabad, releasing the property in question in favour of respondents 4 and 5, in proceedings under Section 145, Cr.P.C. and order dated 17th July, 1992, passed by Sessions Judge, Allahabad, affirmed the said order. 2. The facts, as disclosed in the writ petition, are that one Birja was bhumidhar of the land in question. It is alleged that he executed a registered agreement to sell on 16th July, 1984 in favour of Jai Narain, petitioner No. 1. On 27th August, 1984 he executed a registered sale deed in favour of one Ram Chandra. Ram Chandra executed sale deed on 17th February, 1986 in favour of Raj Kumar and Vinod Kumar, respondents 4 and 5. They filed mutation application and the mutation order was passed in their favour. The petitioner No. 1 filed suit No. 403 of 1984 in the Civil Court for specific performance of the agreement and for possession. While the...
Hindustan Safety Glass Works Ltd. Vs. Collector of Central Excise
Court: Allahabad
Decided on: Mar-17-1993
Reported in: 1993LC191(Allahabad); 1993(65)ELT166(All)
A.P. Misra, J.1. In view of the exchange of affidavits between the parties and as agreed to the present writ petition is being disposed of finally at the stage of admission.2. The petitioner seeks quashing of show cause notice dated 4th January, 1993 (Annexure 2 to the writ petition), issued by the Collector, Central Excise, Allahabad whereby an additional excise duty amounting to Rs. 40,04,757.63R has been demanded from the petitioner for the period December 1987 to November 1992. The challenge is that proviso to Section 11A of the Central Excises and Salt Act, 1944 (hereinafter referred to as the Act) is not applicable on the facts and circumstances of this case. Therefore, the demand for a period of five years is unsustainable.3. The only question raised before us to which we are adverting in this petition is whether proviso to Section 11A is applicable or not. The relevant portion of Section 11A is quoted hereunder :-'Recovery of duties not levied or not paid or short-levied or sho...
Ram Naresh Singh Parihar and ors. Vs. U.P. State Sugar Corporation Ltd ...
Court: Allahabad
Decided on: Mar-15-1993
Reported in: (1994)ILLJ422All; (1993)3UPLBEC2126
ORDERS.R. Singh, J.1.Both these writ petitions are directed against the transfer orders and, being based on common questions of law and fact, were heard together for being disposed of by a common order.2. Petitioner Ram Naresh Singh was initially appointed on the post of Fitter-II in 1987 but vide order dated July 4, 1992 he was granted pay scale in Supervisor Grade-B together with one increment. By the impugned order dated November 12, 1992 (Annexure-1 to Writ Petition No. 1360 of 1993) he was transferred in the same capacity and in the same pay scale from Ghatampur Sugar Mills, Ghatampur to Jarwal Road, Bahraich, a unitof the U.P. Stale Sugar Corporation Ltd. and pursuant to the said order of transfer he was relieved with immediate effect from the post of Workshop Foreman in Ghatampur Sugar Mills vide order dated November 26, 1992. The orders dated November 12, 1992 and November 26, 1992 are impugned and sought to be quashed in Writ Petition No. 1360 of 1993. Similarly Vipin Kumar Mi...
JaIn Kaliawala Engg. Works (P) Ltd. Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Mar-15-1993
Reported in: 1993(67)ELT231(All)
ORDEROm Prakash, J.1. Heard learned Counsel for the parties.2. The petitioner has come up to this Court on second round.3. By order dated 26th May, 1992, the Tribunal rejected the application of the petitioner for interim order and directed the petitioner to pay entire amount of duty within 12 weeks. The petitioner challenged the said order of the Tribunal before this Court. By order dated 27th August, 1992 (Annexure 8 to the writ petition) this Court in the interest of justice allowed the period of three months to the petitioner to comply with the aforesaid order of the Tribunal. This Court also observed that it would be open to the petitioner to approach the Tribunal for permission to furnish security in lieu of cash deposit and the Tribunal shall have liberty to consider the petitioner's prayer on merit in accordance with law.4. The petitioner approached the Tribunal and the latter by order dated 12th February 1992 (Annexure 10 to the writ petition) rejected the plea of the petition...
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