Allahabad Court April 1993 Judgments
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Lalit Khanna Vs. Controller of Estate Duty and ors.
Court: Allahabad
Decided on: Apr-08-1993
Reported in: [1994]207ITR955(All)
1. Against the order of the Assistant Controller of Estate Duty, Roorkee, the petitioner filed an appeal before the Appellate Controller, Estate Duty, Lucknow, and then made an application for stay, which is annexed to the supplementary-affidavit. On such application, the petitioner was informed of an order dated March 10, 1993, passed by one Income-tax Officer (S) for Commissioner of Income-tax that his stay application had been rejected by the Commissioner. No copy of the order, if any passed by the Commissioner on the stay application has been filed. By order dated March 17, 1993, passed on the writ petition, we directed the petitioner to file a copy of the order passed by the Commissioner of Income-tax, as referred to in the order dated March 10, 1993.2. The petitioner has filed a supplementary-affidavit dearly stating that pursuant to this court's order dated March 17, 1993, an application for obtaining a copy of the order, as referred to in the order dated March 10, 1993, was mad...
Kunwar and ors. (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Apr-08-1993
Reported in: 1993CriLJ3421
J.P. Semwal, J.1. This criminal appeal is directed against the judgment and order dated 24-11-1978 passed by the Sessions Judge, Kanpur, in Sessions Trial No. 199 of 1977, whereby he recorded conviction of the appellants 1 and 2 under Section 302, I.P.C. and appellant 3, under Section 302 read with Section 34, I.P.C, for committing murder of Budhai and his wife Smt. Bhanumati, and sentenced each of them to life imprisonment on each count. The sentences were ordered to run concurrently.2. The gravamen of the charge is that on 7th April 1977, at about noon in village Neoraj, P.S. Kakwan, district Kanpur, in furtherance of common intention of all, the appellants Kunwar and Lajjaram committed murder of Budhai and his wife Smt. Bhanumati. The appellant 3 Chhidda had exhorted the other two appellants to commit the said murder.3. The aforesaid double murder took place in village Neoraj within the limits of P.S. Kakwan, district Kanpur. This tiny village is situate at a distance of 8 miles tow...
Prem Kumar Peters Vs. 2nd Addl. District and Sessions Judge, Kanpur an ...
Court: Allahabad
Decided on: Apr-07-1993
Reported in: AIR1994All158
ORDER1. In this writ petition, learned Standing Counsel has accepted notices for respondents Nos. 1 to 3. Both the learned counsel have agreed that the writ petition may be decided finally at this stage. Considering facts of the case learned Standing Counsel has not been required to file a counter affidavit and the writ petition is disposed of finally on the material already on the record.2. Facts giving rise to this writ petition are that petitioner Prem Kumar Peters was serving as a Judicial Assistant in the Office of Collectorate, Kanpur Dehat. Petitioner filed Original Suit No. 155 of 1990 in the Court of Munsif, Kanpur Dehat for the declaration, against respondent No. 2 that his date of birth is 19th January, 1939 and the dale of birth mentioned in the High Court Certificate as 19-1-1933 is incorrect. The relief of mandatory injunction was also sought directing Board of High School and Intermediate Education, U. P. Allahabad, (hereinafter to be referred as 'Board'), to correct his...
Sri Swatantra Kumar Agrawal Vs. the Managing Director, U.P. Financial ...
Court: Allahabad
Decided on: Apr-07-1993
Reported in: AIR1994All187
ORDER1. This is a petition under Art. 226 of the Constitution in which the following reliefs have been prayed for:--(a) directing the respondents to decide the representations of the petitioner dated 30-11-1992 and 17-3-1993 (Annexures Nos. III and IV) as also the representation of Sri Surendra Singh dated 17-3-1993 (Annexure V) respectively in accordance with the judgment/ guidelines of the Supreme Court referred to above. (b) directing the respondents to decide the claim of the petitioner strictly in accordance with the guidelines laid down by the Supreme Court in its judgment referred to above. (c) granting any other relief which this Hon'ble Court may deem fit and proper in the circumstances of the case. (d) awarding the costs of the writ petition. 2. The petitioner is a partnership firm. Sri Swatantra Kumar Agarwal is its partner. It has established a rice mill by investing Rs. 6.55 lacs from its own resources. The U. P. Financial Corporation, respondent No. 2 advanced a loan of a...
Red light on the Cars of the Hon'ble Judges of the High Court Vs. Stat ...
Court: Allahabad
Decided on: Apr-05-1993
Reported in: AIR1993All211; 1994(42)BLJR75; 1993CriLJ2256; (1993)2UPLBEC1339
ORDERD.P.S. Chauhan, J.1. The last bulwark of a State is its Courts of justice. There can be a State without an army but public confidence in the authority of the State cannot remain if there are no courts of justice so to run the rule of law with the rule of life. The Courts of justice work with the self generated centrifugal force owing to the faith of the people. They not only enjoy the faith of the people but at the same time also promote faith of the people in political and administrative hierarchy. The stream of administration of justice which is a sacred one like river Ganges emanates from the Constitution which unlike other rivers flowing from the same source has in itself a potentiality of cleansing mechanism not allowing pollution to overcome it, leading to stagnation of rule of law. The mechanism is based on dignity and honour conferred on the Hon'ble Judges by assigning distinct and sovereign position under the Constitution. They are constitutional appointees and functionar...
Avdhesh Pratap Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-05-1993
Reported in: (1998)IIILLJ550All
ORDERB.C. Saksena, J.1. By means of this writ petition the petitioner has inter alia prayed for following reliefs :(a) A writ of mandamus, commanding the opposite parties to allow him to work on the post of Typist on daily labour basis uninterruptedly to earn his wages on the basis of duties performed ; (b) Mandamus, commanding opposite parties to allow him wages equal to that as has been allowed to Typist/Junior Clerk employees of the State Government from the date the petitioner is working on the post to the date the petitioner is regularly absorbed against, the post of Typist/Junior Clerk in the regular establishment of the Irrigation Department. (c) A writ of mandamus, commanding opposite parties to pay bonus to the petitioner for the years 1984-85. 1985-86 and 1986-87 as per Government Order. (d) A writ of mandamus, commanding opposite parties to regularise his services by appointing him on the post of Typist/Junior Clerk against the vacant post or the posts likely to fall vacant ...
Abdul Hameed Vs. State
Court: Allahabad
Decided on: Apr-02-1993
Reported in: 1994CriLJ872; II(1993)DMC35
Surya Prasad, J.1. This is a criminal appeal against the judgment and order dated 12th November, 1979 passed by the then V. Additional Sessions Judge, Moradabad in Sessions Trial No. 279 of 1979 (State v. Abdul Hameed and Ors.) convicting the appellants accused under Section 147 I.P.C. and sentencing then to Rigorous Imprisonment for one year thereunder and further convicting them under Section 302 read with Section 149 I.P.C. and sentencing them to imprisonment for life thereunder. The sentences were made to run concurrently.2. The prosecution case briefly stated is that Smt. Sehar Jahan, sister of the complainant Mohammad Alam (P.W. 1) was married to Mohammad Ayyub, son of the accused Abdul Hameed, about 2 years prior to the commission of the offence. She lived with the members of the family of her husband. The members of his family had been harassing her with a view to forcing her to bring money from her brothers or to leaving their house. It is, however, alleged that her husband us...
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