Allahabad Court July 1993 Judgments
Abdul Hameed Vs. District Magistrate/Collector and anr.
Court: Allahabad
Decided on: Jul-20-1993
Reported in: 1994CriLJ531
ORDERVirendra Saran, J.1. Abdul Hameed s/o Late Ah Husain r/o Village Malak Harhar, P.S. Saraon, District Allahabad, by means of this writ petition, has challenged the order of the City Magistrate, Allahabad dated 29-8-1992, as confirmed by the order dated 1-11-1992 of the District Magistrate, Allahabad (Appellate Authority) refusing to grant licence for D.B.B.L. gun to the petitioner. It is stated in the writ petition that the petitioner belongs to a respectable family which has sufficient immovable property but of late unsocial elements have turned their evil eyes towards the life and property of the petitioner. The petitioner, therefore, made an application for the licence of a D.B.B.L. gun. It is further stated in the writ petition that the petitioner does not suffer from any disqualification for obtaining a gun licence, that the police of P.S. Saraon has recommended the grant of licence vide its report dated 23-7-1992. The order of the City Magistrate, dated 29-8-1992 is quoted in...
Tag this Judgment!U.P. State Electricity Board and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-19-1993
Reported in: (1994)IILLJ1008All; (1993)3UPLBEC2065
B.L. Yadav, J. 1. Whether change of the date pertaining to termination of service of the workman under Section 4K of U.P. Industrial Disputes Act, 1947. (compendiously the Act) would amount to the supersession of earlier Reference is the short question that falls for determination in the present petition filed by the petitioners, the employer, seeking the relief for issuance of a writ of certiorari quashing the order of the Labour Court dated June 22, 1990 (Annexure No. 8) and to quash the order of Reference dated February 21, 1989 (Annexure No. 5)2. The factual matrix of the case is that the respondent No. 3 workman moved an application under Section 2-A of the Act, before Regional Conciliation Officer {Annexure No. 1) with the averments that he was employed in 1973, in Panki Thermal Power Station, Panki, Kanpur, (Petitioner No. 2) and was confirmed as a workman. He was injured while on duty on April 12, 1977 and was sent for treatment. He recovered and reported for duty, but was told...
Tag this Judgment!Sitar Video Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-16-1993
Reported in: AIR1994All25
ORDERR.R.K. TRIVEDI, J. 1. In all the aforesaid petitions, vires of Uttar Pradesh Cinema (Regulation of Exhibition by Means of Video) Rules, 1988 (hereinafter referred to as the Video Rules) has been questioned in some way or the other and all the petitions can be conveniently disposed of together. Learned counsel for the parties have agreed that the writ petitions may be disposed of finally at this stage. Writ Petition No. 13556 of 1991 shall be the leading petition.2. Before dealing with the issues which are subject matter of determination in the aforesaid wirt petitions, it would be appropriate to mention in the brief the facts giving rise to the aforesaid petitions.Writ Petition No. 13556 of 1991 3. In this petition, petitioner's case is that for running Video Cinema, Shri Abhai Prakash who claims to be proprietor, constructed a permanent building in Sakaldiha Bazar, which is ouside the territory of Nagar Maha Palika, Varanasi and has a population of more than ten thousand. An appl...
Tag this Judgment!U.P. State Road Transport Corporation Vs. Harna Devi and ors.
Court: Allahabad
Decided on: Jul-15-1993
Reported in: 1993ACJ1058
S.K. Verma, J.1. The respondents filed a claim petition against the appellant because of the death of Ganga Datt Joshi, who was constable in the Central Reserve Police on the basis that while he was going to his village on 1.1.1982, it is said that he met with an accident with bus No. UTF 7486, owned by the appellant. The claim petition for Rs. 1,26,519/- was filed by Hama Devi, mother of the deceased, Jaimati Devi, widow of the deceased, Shanti Devi and Lilla Devi, daughters of the deceased. The trial court after considering the evidence led by the parties came to the conclusion that the appellant was liable for the accident because of rash and negligent driving by the driver of the aforesaid bus. This finding has not been challenged by the appellant. Further, the trial court also came to the conclusion that a sum of Rs. 90,000/- had to be paid in a lump sum as compensation for loss of pecuniary benefits to the respondents and a further sum of Rs. 20,000/- was payable on the basis of ...
Tag this Judgment!Sardar Kanwaldeep Singh and Others Vs. Assistant Registrar Firms, Soci ...
Court: Allahabad
Decided on: Jul-12-1993
Reported in: AIR1994All161
ORDER1. Being aggrieved against the order dated 30th June, 1992 passed by Assistant Registrar, Societies, the petitioners claiming (sic) themselves to have been invalid as members of Guru Nanak Educational Society, Faizabad, have filed this petition. By means of the aforesaid impugned order dated 30th June, 1992, the Assistant Registrar declared the meeting held on 5-5-1992 and 12-5-1992 as invalid, mainly oil the ground that in the meeting held on 3-5-1992, which was adjourned to 5-5-1992 only two persons attended the meeting and the quorum was not complete. Seven days prior notice, which is the mandatory requirement of holding such a meeting, in accordance with the bye-laws, was not given, to every member in accordance with the rules. The necessary quorum for meeting of the management committee was five members, which was not there in the meeting held on 3-5-1992 and 5-5-1992. Only two persons admittedly participated in the meeting on 3-5-1992, and they adjourned the meeting for 5th ...
Tag this Judgment!Punjab National Bank Vs. Ganga NaraIn Kapur
Court: Allahabad
Decided on: Jul-09-1993
Reported in: AIR1994All221
ORDER1. This is defendant's revision application under S. 25 of the Provincial Small Cause Courts Act from the judgment and decree dated 23-11-1992 passed by III Addl. District Judge, Lucknow, decreeing the plaintiff-respondent's claim for decree for arrears of rent and ejectment against the defendant-revisionist, in the S. C. C. Suit No. 28 of 1987 (Ganga Narain Kapoor v. Punjab National Bank).2. The facts of the case, in brief, are that the plaintiff-opposite party filed the suit for a decree for recovery of rent and ejectment with the allegations to the effect that the plaintiff is the owner and landlord of the house in dispute, in a part of which Hindustan Commercial Bank had been in occupation as a tenant on monthly rental of Rs. 2,550/-. The plaintiff further alleged that the building in dispute has been a new construction and it was for the first time assessed to the municipal tax by Nagar Mahapalika w.e.f. April 1, 1979 and, as such, the plaintiff alleged that the building in d...
Tag this Judgment!M/S. Kanoria Chemicals and Industries Ltd. Vs. U.P. State Electricity ...
Court: Allahabad
Decided on: Jul-09-1993
Reported in: AIR1994All273
ORDERR.A. Sharma, J.1. Whether petitioners, who are consumers of electricity, are liable to pay additional charges on the electricity dues, payment of which was not made on or before the due date in view of interim orders passed by this court in the writ petitions filed by them challenging the notification enhancing the electricity tariff rates, after the writ petitions have been dismissed is the question which is involved in these writ petitions and is required to be decided by this court.2. Parties have exchanged affidavits. As in all these writ petitions the same question is involved they are being disposed of by one common judgment. With the consent to learned counsel for parties Writ Petition No. 10755 of 1993, M/s. Kanoria Chemicals & Industries Ltd. v. U. P. State Electricity Board, has been made the leading case.3. Petitioner in the leading case is a public limited company engaged in business of manufacturing caustic soda and allied chemicals in the district of Sonebhadra. By n...
Tag this Judgment!U.P. State Road Transport Corpn. and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-08-1993
Reported in: (1994)IILLJ39All
D.S. Sinha, J.1. Heard Sri. S.K. Sharma, learned counsel for the petitioners, Sri S.K. Saxena, learned Standing Counsel representing the respondents Nos. 1 and 2 and Sri A.K. Misra, holding brief of Sri Uma Kant Misra, learned counsel representing the respondent No. 3.2. This petition under Article 226 of the Constitution of India is directed against two awards dated April 5, 1978 rendered in Misc. Case No. 9 of 1977 and Misc. Case No. 5 of 1978 given by the Presiding Officer, Labour Court, Gorakh-pur under Section 33C(2) of the Industrial Disputes Act, 1947 which are founded on the decree and judgment dated October 30, 1975 of the III Addl. Munsif, Azamgarh passed in Suit No. 489 of 1974 Kuber Ram Yadav v. State of Uttar Pradesh and Ors. declaring the termination of the services of the petitioner to be invalid and directing for his employment as Conductor.3. The sole contention of the learned counsel for the petitioners is that the decree and judgment dated October 30, 1975 on which t...
Tag this Judgment!Shri Shyama Charan Gupta and Another Vs. State of Uttar Pradesh and Ot ...
Court: Allahabad
Decided on: Jul-05-1993
Reported in: AIR1994All17; (1994)2UPLBEC1202
ORDERS.C. Mathur, A.C.J.1. By our short order dated 5th July, 1993 we had dismissed this writ petition reserving reasons. We now proceed to give the reasons.2. Sri Shyama Charan Gupta, Mayor of Allahabad has directed this petition against entertainment of notice of motion of no confidence by the Commissioner, Allahabad Division. His plea is that earlier also motion of no confidence was brought against him but the same was lost on 14th February, 1992 and since then two years have not elapsed and, therefore, the present notice is incompetent and illegal in view of the law contained in the Uttar Pradesh Nagar Mahapalika Adhini' yam, 1955 (U.P. Act No. 2 of 1959), for short Act.3. For deciding the controversy raised in the petition only a few facts stated therein need to be stated.4. Sri Shyama Charan Gupta was elected Mayor on 28th August, 1989. On 18th April, 1991 notice of no-confidence motion against him was given by some Corporators to the Commissioner, Allahabad Division.The Commissi...
Tag this Judgment!M/S. Gur Prasad Shyam Babu and Others Vs. State Bank of India and Anot ...
Court: Allahabad
Decided on: Jul-05-1993
Reported in: AIR1994All151
ORDER1. Civil Revision No, 20 of 1990connected with Civil Revisions Nos. 68, 69 and 70 of 1990 have been filed against the order of the Civil Judge, Etawah in four connected suits on four applications moved by the plaintiff-opposite party State Bank of India for setting aside the four orders dated 21-8-1987 passed under Order 11, Rule 11, C.P.C. As all the four revisions raise similar facts and questions of law the same are being disposed of by a common order.2. Brief facts for the purposes of deciding the aforesaid revisions are that the plaintiff-respondent No. 1, State Bank of India, filed four suits in the year 1986 against the defendants for recovery of money which had been advanced to the defendants on the basis of agreements which had been executed between the parties. Applications were moved in the suit by the defendants numbered as 31-C on the ground that the plaintiff has filed suit for recovery of money against the defendants and in the plaint has mentioned about the agreeme...
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