Allahabad Court May 1993 Judgments
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Nishatganj Vyapar Mandal Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-18-1993
Reported in: AIR1994All84
ORDERB.C. Saksena, J.1. Counter affidavit on behalf of opposite parties except opposite party No. 6 Nagar Mahapalika, Lucknow have been filed. Rejoinder affidavits have also been filed. As pleadings were complete, with the consent of the learned counsel for the parties, the writ petition was taken up for finalhearing. We have heard learned counsel for the parties.2. The petitioner by means of this writ petitition have prayed for a writ of mandamus commanding the opposite parties not to construct the flyover in question in the Nishatgang Area in the city of Lucknow. A further writ of mandamus has been prayed for requiring the opposite parties not to construct any wall near the railway track at gate No. 4 in the Nishatganj area. By way of consequential relief, further writ of mandamus has been prayed for commanding the opposite parties to allow movement of vehicles in the Nishatgang area and to pay compensation/ damages to the affected persons of the locality due to the construction of t...
Dr. Rajendra Prasad Agarwal Vs. Union of India and Another
Court: Allahabad
Decided on: May-18-1993
Reported in: AIR1993All258
ORDER1. Present case, as it appears, isan outcome of erosion while history was on a changing course, which is led to issuance of proclamation under Art. 356 of the Constitution of India (for brevity hereinafter referred to as 'the Constitution') vide Notification No. G.S.R. 912 dated December 6, 1992 (published in Gazette of India (Extraordinary) (part II) dated Dec. 6,1992) bringing the State of Uttar Pradesh under President Rule and banning the orgniasations, inter alia, the Rashtriya Swayam Sewak Sangh (for brevity hereinafter referred to as 'the RSS') by declaring it unlawful vide composite Notification No. S. O. 901(E) dated December 10, 1992 (published in the Gazette of India (extraordinary) dated December 10, 1992 under sub-sec. (1) as well as the proviso to sub-sec. (3) of S. 3 of the Unlawful Activities (Prevention) Act, 1967 (Act No. 37 of 1967) (for brevity hereinafter referred to as 'the Act') which reads as :--Whereas the Rashtriya Swayam Sewak Sangh (hereinafter referred ...
SarajuddIn Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-15-1993
Reported in: (1994)IILLJ228All
ORDERB.C. Saksena, J.1. In view of the order passed by Hon'ble the Supreme Court dated March 15, 1993 in Special Leave Petition (C) No. 13788 of 1992, Senior Judge of this Court directed that this case be listed before me every third day in the cause-list until the hearing concludes. The writ petition initially was directed to be connected with a few other petitions as referred to in paragraph 27 of the writ petition. However, in view of the order passed by Hon'ble the Supreme Court this writ petition was del inked and was taken up for hearing separately. 2. I have heard the learned counsel for the petitioner as also the learned Standing Counsel. 3. The case of the petitioner, in short, is that he was engaged as a Junior Clerk in the Establishment of Rural Engineering Services Department on November 12, 1967 and he has continuously been working since then except artificial 'gap'. Annexure -1 to the writ petition contains two experience certificates certifying that the petitioner had wo...
Sukhanand Vs. the Iv Additional District Judge, Bulandshahr and Anothe ...
Court: Allahabad
Decided on: May-14-1993
Reported in: AIR1994All59
ORDER1. The petitioner plaintiff had filed a suit seeking a decree for the eviction of the tenant respondents from the premises in dispute and for recovery of arrears of rent and damages for use and occupation pendent-lite and future, which suit was decreed by the Judge Small Cause Court on 3-8-1984. This decree was however, reversed by the revisional court vide its judgment and decree dated 8th November, 1985, whereunder the suit was dismissed. Feeling aggrieved, the plaintiff petitioner has now approached this Court seeking redress praying for the quashing of the revisional order and restoration of the judgment and decree passed by the Judge Small Cause Court.2. The facts, shorn of details necessary for the disposal of the present writ petition lie in a narrow compass. The plaintiff petitioner had come up with the allegations that the defendant tenant was a defaulter in the payment of rent which had remained unpaid since 19-1-1975. Accordingly a notice as contemplated under S. 20 of ...
Akttaryar Khan Vs. Azahar Yar Khan
Court: Allahabad
Decided on: May-14-1993
Reported in: AIR1994All193
1. This revision is directed against the judgment and order dated 7-12-1992 passed by the VIth Additional District Judge, Bareilly rejecting the defendants application for restoration of the suit to its original number and for setting aside the ex parte decree dated 9-4-1992.2. Briefly stated, the relevant facts are that on 8-10-1991 the plaintiff-opposite party filed J.S.C.C. Suit No. 30 of 1991 for recovery of arrears of rent and damages and for ejectment of the defendants from the shop in dispute. The suit was filed in the court of the District Judge and summons were directed to be issued to the defendants fixing 11 -11-1991. Admittedly the summons of the suit were personally served on the defendants No. 1 and 2. It appears that on 30-10-1991 the suit was transferred to the court of VIIth Additional District Judge, Bareilly. On 11-11-1991, which was the date fixed in the suit, the defendants did not appear before the transferee court nor did they file any written statement. The cour...
Raghubir Prasad Vs. Rajendra Kumar Gurudev and Others
Court: Allahabad
Decided on: May-14-1993
Reported in: AIR1993All326
ORDER1. Being aggrieved by the dismissal of a revision filed by the petitioner under Section 25 of the Provincial Small Cause Courts Act challenging the judgment and decree dated 20-9-1989 of the trial Court in a S.C. Suit No. 94 of 1987 whereunder the petitioner was required to vacate the premises in dispute within 30 days, the defendant-petitioner approached this Court by means of the present writ petition wherein on 23-8-1990, notices were directed to be issued to the respondent No. 1, the plaintiff-decree-holder to show cause as to why the writ petition should not be admitted indicating that the petition will be disposed of at the admission stage itself. In pursuance of the aforesaid notice, the plaintiff-respondent has put in appearance and filed a counter-affidavit. Rejoinder-affidavit in reply thereto has also been filed by the petitioner.2. I have heard the learned Counsel for the petitioner as well as the learned Counsel representing the plaintiff-respondent and have perused t...
Balraj Vs. State of U.P.
Court: Allahabad
Decided on: May-14-1993
Reported in: 1993CriLJ3201
Surya Prasad, J.1. This criminal appeal has been filed by the appellant-accused Balraj, against the judgment and order dated 19th August, 1991 passed by the learned Special Judge (Additional District and Sessions Judge), Nainital, convicting him under Section 302, IPC and awarding him death sentence thereunder and further convicting him under Section 307, IPC and sentencing him to 7 years rigorous imprisonment thereunder, in Session Trial No. 202 of 1983 (State v. Balraj).2. The prosecution case briefly stated is as follows: Smt. Laxmi Devi (P.W. 2) along with her son Buddh Jyoti and daughters, named, Km. Renu, Km. Chandrawati and Km. Deep Mala was present at her house on 13th February, 1988. In the evening at about 7-30 p.m. her husband's brother (Devar), the accused-appellant Balraj came to her with a Garasa in his hand and assaulted her with the Garasa and expressed that you wanted to kill him, he will finish them all that day and thereafter he started assaulting her son Buddh Jyoti...
Omi Alias Om Prakash (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: May-14-1993
Reported in: 1994CriLJ155
ORDERG.S.N. Tripathi, J.1. Om Prakash alias Omi has been convicted by the Sessions Judge, Pithoragarh, vide his judgment dated 7-5-90. He was sentenced to undergo 7 years' R.I. on the charge under Section 376, I.P.C. He was also held guilty on the charge under Section 363, I.P.C. under which he was sentenced to undergo 5 years R.I. Both the sentences were ordered to run concurrently.The prosecution case started on the basis of written F.I.R. lodged by Banarasi Das, P.W. 2 at P.S. Kotwali. Pithoragarh. on 23-1-89 at 15.40 P.M. He alleged that he originally hails from Rajasthan but was working at the premises of the contractor as a labourer. His family including his minor sons and minor daughter Km. Subhawati alias Babi, also resides with him. His wife also worked with him. The male children including the daughter Km. Subhawati alias Babi were left at home. Raten Lal a distant relation of the complainant also resided nearby. His brother-in-law was accused Omi alias Om Prakash. He had bee...
Pancham Yadav and anr. Vs. State of U.P.
Court: Allahabad
Decided on: May-14-1993
Reported in: 1994CriLJ848
G.S.N. Tripathi, J.1. Accused Pancham Yadav and Chauthi Yadav have been convicted and sentenced to undergo R.I. for a period of 5 years on the charge under Section 304/1, I.P.C. by the then IIIrd Addl. Sessions Judge, Mirzapur by his order dated 3-8-1979. They have preferred this appeal against the same.2. The prosecution case stated initially on the basis of an F.I.R. lodged by Nathu (deceased) on 10-8-78. He has alleged that the incident took place on 9-8-78 at about 2 p.m. in village Lorahuti, Jogini. The cattle of the accused trespassed into the paddy and Kodo crops of the complainant. The complainant asked the accused not to do so. Then they assaulted him with lathies. The witness intervened. He had received injuries on his head, cheek and arm.3. On the basis of this short report, an entry in the G.D. was made on 10-8-78 at about 4 p.m. A case under Section 323/426, I.P.C. was registered but it was kept as a non-cognizable case.4. The complainant Nathu was medically examined by Dr...
Jila Sahakari Bank Ltd. Vs. Conciliation Officer and anr.
Court: Allahabad
Decided on: May-12-1993
Reported in: [1994(68)FLR83]; (1995)ILLJ614All
ORDERB.L. Yadav, J.1. By this petition under Article 226 of the Constitution of India, the prayer is that the order dated March 11, 1993 (Annexure No. 6) condoning the delay in making the application by the workman, respondent No. 2, for conciliation under Section 2A of the U.P. Industrial Disputes Act, 1947 (compendiously the 'Act') may be quashed by issuing a writ of certiorari.2. There was some delay in making that application in view of the provision of the First Proviso Paragraph 2 of the Order dated December 31, 1957 (for short the order) issued by the State in the exercise of powers under Section 3 of the U.P. Industrial Disputes Act, 1947. The First Proviso provides that no application shall ordinarily be entertained by the Conciliation Officer if it is in respect of the dispute arising more than six months from the date of application. The second proviso enacts that the Conciliation Officer may entertain any application if he is satisfied that the applicant has sufficient caus...
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