Allahabad Court August 1993 Judgments
In Re: Scope and Extent of Applicability of Flag Code and Use of Natio ...
Court: Allahabad
Decided on: Aug-31-1993
Reported in: AIR1994All10
ORDER1. In this case the question involved is whether Hon'ble Judges of this Court are entitled to use the National Flag on their vehicles.2. On 15-3-1993 we passed the following order,'The members of the Bar of this Court have brought to the notice of this court the Flag Code as well as the Warrant of Precedence issued by the Government of India and by the State of Uttar Pradesh, and they pointed out that in the Flag Code the Ministers and the Deputy Ministers of the State are under item 5 to clause 10.4 and are provided the facility of using National Flag on their vehicles. The status of the Puisne Judges of the High Court, as per admitted position of the Government of India under Warrant of precedence is at par with the State Ministers in their Status, which is provided at item No. 20 of the Warrant of Precedence dated 10-3-73. Further, outside the area of their jurisdiction the position of the puisne judges of the High Court is equivalent and akin to the State Ministers of the Stat...
Tag this Judgment!State of U.P. Vs. Anoop Kumar Misra
Court: Allahabad
Decided on: Aug-31-1993
Reported in: 1994CriLJ129
ORDERN.L. Ganguly, J.1. This bail cancellation application was moved by the State Government on 15-7-93 for cancelling the bail granted to the opposite party by the Sessions Judge, Shahjahanpur by order dated 20-5-1993.2. On the bail cancellation application, this court was pleaded to order for issuing bailable warrant fixing 23rd August 1993 to the opposite party for showing cause and for personal appearance before the court, why the bail granted to the appellant be not cancelled. On the date fixed, the opposite party appeared before the court along with his counsel Sri P. N. Lal, Advocate, Sri P. N. Lal requested for short time for filling the counter-affidavit. The request was accepted and time till 27-8-93 was granted on 23r9 August, 1993.3. On 27th August 1993, when the case was called out, Sri P. N. Lal Advocate appeared and moved an application along with a counter-affidavit sworn by Sri Krishna Govind Misra, the father of the opposite-party. On 27-8-93, the opposite party did n...
Tag this Judgment!U.P. State Road Transport Corporation Vs. Motor Accidents Claims Tribu ...
Court: Allahabad
Decided on: Aug-30-1993
Reported in: 1994ACJ1155
S.R. Misra, J.1. U.P. State Road Trans. Corpn. (hereinafter referred to as 'the Corporation') has filed this writ petition challenging the order of IIIrd Additional District Judge, Jaunpur, passed as the Motor Accidents Claims Tribunal, who has condoned the delay in filing the claim petition, after recording reasons of the same and directed the office of the District Judge, Jaunpur, for presenting it for registration according to law. Writ Petition No. Nil of 1993, U.P. State Road Transport Corporation v. Motor Accidents Claims Tribunal and Anari Devi will be treated to be the leading case and the disposal of this writ petition will be the disposal of the remaining five cases where common questions of law and facts are involved and it is not necessary to make mention of all the facts of the other cases.2. The claimant filed a claim petition before the Motor Accidents Claims Tribunal (IIIrd Additional District Judge, Jaunpur), alleging that Saheb Dayal had died in an accident while trav...
Tag this Judgment!U.P. State Road Transport Corporation Vs. Motor Accident Claims Tribun ...
Court: Allahabad
Decided on: Aug-30-1993
Reported in: 1(1994)ACC291
S.R. Misra, J.1. U.P. State Road Transport Corporation (hereinafter referred as the Corporation) has filed this writ petition challenging the order of IIIrd Additional District Judge, Jaunpur passed under the Motor Accident Claims Tribunal, who has condoned the delay in filing the claim petition, after recording reasons of the same and directed the District Judge, Jaunpur for presenting it for registration according to law. Writ Petition No. Nil of 1993, U.P. State Road Transport Corporation v. Motor Accident Claims Tribunal and Smt. Anari Devi will be treated to be the leading case and the disposal of this writ petition will be the disposal of the remaining five cases where common question of law and facts are involved and it is not necessary to make mention of all the facts of the other cases.2. The claimant filed a claim petition before the Motor Accident Claims Tribunal (IIIrd Additional District Judge, Jaunpur), alleging that Saheb Dayal had died in an accident while travelling in...
Tag this Judgment!Saru Smelting Pvt. Ltd. Vs. Authority Under Payment of Wages Act and o ...
Court: Allahabad
Decided on: Aug-25-1993
Reported in: [1994(68)FLR393]; (1995)ILLJ90All
B. Dikshit, J.1. By this petition, the petitioner has challenged the maintainability of an application filed by Respondent No. 2 Tilak Ram Gupta under Section 15(2) of the Payment of Wages Act, 1936 (in short 'Act'). Admittedly, the application has been moved before Regional Conciliation Officer, Meerut. In the application the claim made by respondent Tilak Ram Gupta is that the wages of two days have been wrongly deducted by the petitioner,2. This writ petition has been filed against decision on a preliminary question whereby the respondent No. 1 Regional Conciliation Officer, Meerut has held in its order dated April 17, 1982 that the application of Tilak Ram Gupta is maintainable.3. Learned counsel for petitioner has argued that the Respondent No. 1 who is Regional Conciliation Officer, Meerut has not been authorized by any notification under Section 15(1) of the Act to hear and dispose of applications in respect of claims made under Section 15(2) of the Act. Learned counsel for peti...
Tag this Judgment!Natho Mal Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Aug-23-1993
Reported in: 1994CriLJ1919
K. Narayan, J.1. This petition under Article 226 of the Constitution of India has been brought for the relief of quashing the first information report in case crime No. 74 of 1991 under Section 3/7 of the Essential Commodities Act, P. S. Khairagarh District Agra and for a direction to the respondents not to arrest the petitioner in the matter of the alleged crime.2. According to the petitioner, he holds a licence under the Essential Commodities Act and there was an F.I.R. against him under Section 3/7 of the said Act, on 26-7-1991 by one Arun Kumar Dixit, Magistrate, Khairagarh, District Agra. As the allegations are, the only discrepancy was that the rate board was not properly filled in and that there was shortgage of one bag of mustared oil seed. The investigation, according to the petitioner ended in a final report under Section 173, Cr.P.C. but the Senior Prosecuting Officer has recorded some disagreement and consequently there is likelihood of his arrest. It was also urged that th...
Tag this Judgment!indexport Ltd. and anr. Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Aug-20-1993
Reported in: 1994CriLJ838
G.P. Mathur, J.1. The prayer made in this petition is that the F.L.R. lodged against the petitioners and all consequent proceedings may be quashed and the U.P. Oil-Seeds and Oil-Seed Products Control Order, 1966 (hereinafter referred to as the Control Order) may be declared as unconstitutional.2. Mahavir Singh, Marketing Inspector, Ghaziabad (respondent No. 3) lodged a FIR under Section 3/7 of the Essential Commodities Act against Indexport Ltd. (petitioner No. 1) on 25-8-1982 at police Station Kotwali, Ghaziabad, and on the basis thereof a case was registered as Crime No. 483 of 1982. The main allegation in the F.I.R. is that an application for oil-seeds licence had been given by Indexport. Ltd. and in connection there of the first informent along with certain other personnel of the Food and Civil Supplies Department reached the premises of the M/s. Hindustan Lever Ltd. and on inspection it was revealed that the former had started trading in edible oils on 20-7-1982 even without obtai...
Tag this Judgment!U.P. State Sugar Corpn. and anr. Vs. BipIn Kumar Mishra
Court: Allahabad
Decided on: Aug-19-1993
Reported in: (1994)ILLJ1004All
S.C. Mathur, Ag. C. J.1. U.P. State Sugar Corporation Ltd., for short 'Corporation', a Government company within the meaning of Section 617 of Companies Act, 1956 (1 of 1956), and another have directed this Special Appeal against the judgment and order of a learned single Judge of this Court, who allowed the writ petition of the respondent Bipin Kumnr Mishra and quashed the order dated December 15, 1992 of the Corporation's Managing Director transferring the respondent from one unit of the Corporation to another.2. Since 1979 the respondent was in the employment of Luxmi Devi Sugar Mills, Chitauni, District Dcoria. The mill was acquired by the State Government and vested in the Corporation under the provisions of the U.P. Sugar Under-takings (Acquisition) Act, 1971 (23 of 1971), for short 'Act'. By virtue of this acquisition, the mill became a unit of the Corporation. In July, 1987 the respondent was transferred, on his own request, to Ghalampur Sugar Factory, Ghatampur, District Kanpu...
Tag this Judgment!Bhagwati Prasad (In Jail) and Etc. Etc. Vs. the State
Court: Allahabad
Decided on: Aug-19-1993
Reported in: 1994CriLJ2310
A.S. Tripathi, J. 1. These three appeals are connected and are filed against the judgment and order passed by the then Sessions Judge, Bulandshehr on 30-4-1979 whereby the appellant, Ramesh Chand was convicted under Section 302, I.P.C.. and the remaining appellants were convicted under Section 302 read with Section 34, I.P.C. and were sentenced to imprisonment for life. All the four appellants were convicted, under Section 394, I.P.C. and were sentenced to undergo rigorous imprisonment for three years each. All the sentences were directed to run concurrently.2. The aforesaid four appellants were convicted for having looted one Pyare Lal and committed his murder on 10-7-1978 at about 6.30 A.M. in village Sonda, Police Station Khurja Dehat, District Bulandshahr.3. The prosecution case as disclosed in the first information report, Ex. Ka 1, was that the deceased, Pyare Lal of village Kaseru was doing money lending business. Reporter, Ban-wari Lal, P.W. 1 was the son of Pyare Lal, deceased...
Tag this Judgment!Abdul Sattar and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-18-1993
Reported in: AIR1994All77
ORDERB. L. Yadav, J.1. Whether the public notice of the substance of notification under Section 4(1) of the Land Acquisition Act, 1894, (for short, the Act), was imperative when the hearing of objections under Section 5-A of the Act was dispensed with; and whether the purpose of construction of factories of the Handloom Complex was 'public purpose' and whether the provisions of Section 5-A of the Act have been dispensed with arbitrarily and mala fide; and whether without following the procedure provided under Part VII of the Act pertaining to acquisition of land for companies, can the acquisition be made, are the questions for our determination in the present petition filed by the petitioners under Article 226 of the Constitution of India, seeking relied for a writ of certiorari quashing the impugned notification dated 3-8-81 and 16-10-81 (Annexures 1 and 2 respectively).2. The portrayal of the essential, facts need not detain us, inasmuch as a number of agricultural plots situate in v...
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