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Allahabad Court February 1994 Judgments

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Feb 11 1994

Vakil Ahmad Vs. Aqila Khatoon and anr.

Court: Allahabad

Decided on: Feb-11-1994

Reported in: II(1994)DMC1

M.C. Agarwal, J.1. This revision petition under Section 397, Cr.P.C. is directed against an order dated 23rd September, 1993, passed by the learned Sessions Judge, Ghazipur, whereby he allowed a criminal revision filed by the respondent Smt. Aqila Khatoon and directed that the custody of the child be handed over to her.2. I have heard the learned Counsel for the revisionist and the learned Counsel for the respondent.3. The revisionist and the respondent No. 1 were husband and wife. The later approached the Magistrate under Section 97, Cr.P.C. for recovery of their baby boy. Her allegation was that the husband turned her out of the house and on 8th February, 1993, he removed the child from her custody and took him away. The revisionist contended that he has divorced the applicant (respondent) and the child was living with him. The child was produced before the learned Magistrate. He was about 3 years 4 months of age and was attached to the father and was not responding to the mother.4. ...


Feb 11 1994

Jarnail Singh and ors. (In Jail) Vs. State of U.P.

Court: Allahabad

Decided on: Feb-11-1994

Reported in: 1994CriLJ2913

Palok Basu, J.1. The aforesaid three matters arise out of the judgment and order dated 6-8-1979 passed by 3rd Additional Sessions Judge, Pilibhit, in Sessions Trial No. 46 of 1977. The aforesaid sessions trial was held in pursuance of the committal proceedings relating to case crime No. 154, Police Station Puranpur, district Pilibhit, under Sections 147, 148. 149, 302 and 307 I.P.C.2. Dalip Singh had lodged a first information report on 11-6-1976 at 7.45 p.m. relating to the incident which had happened on the same day at 4.00 p.m. in village Tulapur, Police Station Puranpur, district Pilibhit. The said first information report was lodged against accused (1) Jarnail Singh, accused (2) Lakhvir Singh (both armed with licensed Guns), accused (3) Jagdeo Singh (armed with country-made gun), accused (4) Devendra Singh (armed with country-made pistol), accused (5) Saudagar Singh (unarmed father of accused No. 1), accused (6) Singhara Singh (unarmed) and accused (7) Himmat Singh (unarmed) with ...


Feb 08 1994

Ram Kishun Vs. State of U.P.

Court: Allahabad

Decided on: Feb-08-1994

Reported in: 1996CriLJ440

Palok Basu, J.1. Ram Kishun appellant has filed this appeal from Jail against the judgment and order dated 2-2-1988 passed by Sessions Judge, Mirzapur convicting and sentencing him under Section 302, IPC to Imprisonment for life.2. Sri Tej Prakas has been appointed Amicus Curiae who has argued the case with ability. Sri S. P. Tewari, learned A.G.A. has spoused the cause of the State. The charge against the appellant was [hat he has committed the murder of his wife by inflicting upon her an injury by an axe and thereby committed the offence of murder punishable under Section 302 IPC.3. From a perusal of the order sheet it appears that when this case was taken up by Sessions Judge on 21 -11 -1987 a charge was framed against the appellant under Section 302 IPC and he pleaded not guilty and claimed to be tried. He had no counsel of his own. The case was taken up on 2-2-1988 by the learned Sessions Judge and he had. appointed an Amicus curiae to appear for the appellant. The Sessions Judge ...


Feb 08 1994

Chunni S/O Balli Dhanuk and ors. Vs. the State

Court: Allahabad

Decided on: Feb-08-1994

Reported in: 1996CriLJ489

V. Sahai, J.1. The five appellants namely, Chunni, Bateshwar, Sallu, Ram Ratan and Indra Pal alias Inder, were convicted and sentenced under Sections 302/149 I. P. C. and 148 I.P.C. Under the first count they were awarded Life Imprisonment and under the second count they were awarded two years' R. I. Both the sentences were directed to run concurrently. The aforesaid convictions and sentences were recorded by Shri Mohan Singh, III Additional District & Sessions Judge, Hardoi vide his orders dated 4-8-1979 and 6-8-1979. Feeling aggrieved by the aforesaid conviction and sentences, the five appellants have come up in appeal before this Court.2. The prosecution case as it emerges from the recitals contained in the F. I. R. lodged by Kunwar - real brother of deceased Sundar on 19-6-1978 at 8.10 p.m. at Police Station Pihani, District Hardoi, the distance between the place of incident and the aforesaid Police Station being 13 miles, runs as under:-3. Between the informant and appellants Sall...


Feb 04 1994

Pappu Singh Vs. State of U.P.

Court: Allahabad

Decided on: Feb-04-1994

Reported in: 1995CriLJ2803

ORDERJ.K. Mathur, J.1. There revisions are directed against the orders passed by the Additional Sessions Judges taking cognizance of the offence punishable under the provision of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 (hereinafter referred to as the Act). I have heard learned counsel for the revisionists and the learned Government Advocate appearing on behalf of the Opposite Party.2. The main contention raised on behalf of the revisionsists is that cognizance of an offence can be taken only by a Magistrate under Section 190, Cr.P.C. and in view of the fact that the aforesaid Act does not provide for any different mode of taking of cognizance, the provisions of Code of Criminal Procedure would be applicable. Cognizance can, therefore, be taken only by a Magistrate and not by Additional Sessions Judge who may be specified as a special court in Section 14 of the aforesaid Act.3. Section 14 reads as follows :-'14. Special Court. - For the purpose of provi...


Feb 03 1994

Singhal and Co. Vs. HussaIn Ali and anr.

Court: Allahabad

Decided on: Feb-03-1994

Reported in: 1994ACJ650; [1994(68)FLR905]; (1995)ILLJ78All

J.P. Semwal, J. 1. This is an appeal under Section 30 of Workmen's Compensation Act against the order dated March 2, 1979 passed by the Workmen's Compensation Commissioner, Allahabad Region in Compensation Case No. 7 of 1978, awarding Rs. 18,000/- as compensation to respondent claimant from the appellant company.2. The facts leading to the present appeal may be summarised as below:Respondent No. 1 Hussain Ali made an application under Rule 20of Workmen's Compensation Rules, 1924 before the Workmen's Compensation Commissioner, Allahabad for compensation. The claimant Hussain Ali is the father of Manauwar Ali deceased who was employed with the appellant Company. The appellant Company was given contract by the respondent No. 2 IFFCO for construction of residential quarters in IFFCO town, Phulpur. During the course of construction Manauwar Ali was employed by the appellant as visit. On May 12, 1978, Manauwar Ali died on account of falling of wall in the course of his employment. The respon...


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