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Allahabad Court March 1994 Judgments

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Mar 03 1994

Madho Alias Rambriksha Pande Vs. the State

Court: Allahabad

Decided on: Mar-03-1994

Reported in: 1995CriLJ336

A.S. Tripathi, J. 1. This appeal is filed against the judgment and order dated 30-7-1979 passed by the then Sessions Judge, Mirzapur where by the appellant was convicted Under Section 302 I.P.C. and was sentenced to imprisonment for life.2. The facts of the case are that the appellant Madho stood charged Under Section 302 I.P.C. for having committed the murder of his own uncle Shiv Nath Pandey at about 9 p.m. on 23-4-77 in the Village Suraha, Police Station Adalhat, District Mirzapur.3. The following pedigree admitted between the parties would help in appreciating the origin and genesis of the occurrence.Krishna Pandey|_______________________________________________________| | | | |Shiv Nath Raj Nath Kashi Nath Vishwanath Ram Nath (died issue-Paney | (died issu- less)(deceased) | eless)__________________________________| | | |Girja Shanker Sadho Madho alias(RambrichhaAccused)A partition had taken place in the family of the sons of Krishna Pandey. Only three mango trees were not partiti...


Mar 03 1994

Manoj Kumar Agrawal Vs. State of U.P.

Court: Allahabad

Decided on: Mar-03-1994

Reported in: 1995CriLJ646

Kundan Singh, J. 1. This revision is directed against the order dated 4-2-94 passed by Sri J.P. Srivastava, Special Judge (D.A.A.) Jhansi whereby the application for his release in crime No. 12 of 1994 under Sections 395/412 IPC relating to police station Raksa, district Jhansi has been rejected.2. Applicant Manoj Kumar Agrawal was arrested on 2-2-94 at 2.00 P.M. in Kanpur while co-accused Prakash was arrested at 5.20 P.M. on the same day. They were brought to police station Raksa at 10.00 A.M. on 3-2-94 but were produced before the Magistrate on 4-2-94 at 3.00 P.M. The main contention of the learned Counsel appearing for the applicant was that the applicant and co-accused Prakash were produced before the Magistrate after 49 and 46 hours, respectively, of their arrest and, therefore, their detention being for more than 24 hours was illegal and in violation of Article 22(2) of the Constitution as well as Sections 57 and 167 of the Criminal Procedure Code, and, therefore, they rightly cl...


Mar 02 1994

Karam Singh Vs. State of U.P.

Court: Allahabad

Decided on: Mar-02-1994

Reported in: 1994CriLJ3446

Palok Basu, J.1. Karam Singh appellant has filed this appeal against his conviction under Section 302/34, IPC, and sentence of imprisonment for life awarded by II Addl. Sessions Judge, Bareilly on 26-9-1986 in Sessions Trial No. 456 of 1984. This appeal has been forwarded by the appellant from jail.2. Sri Barmeshwar Tewari has been appointed Amicus Curiae and has argued the appeal on behalf of the appellant with ability. Sri V. B. Singh, learned A.G.A. has been heard on behalf of the State and the entire record has been minutely examined. The charge against the appellant was that on 19-5-1984 at about 2 p.m. in village Faiznagar, Police Station, Bhuta, Bareilly the appellant along with co-accused Amrik Singh, his son, committed murder by intentionally causing the death of Pakhar Singh and thereby committed an offence punishable under Sections 302/34, IPC.3. The prosecution case is that an F.I.R. stood lodged on 20-5-1984 at 12.45 p.m. at Police Station, Bhuta, Bareilly. This is said to...


Mar 01 1994

irshad Ahmad Vs. Vii Additional District Judge, Aligarh and Others

Court: Allahabad

Decided on: Mar-01-1994

Reported in: AIR1995All63

ORDER1. This writ petition is directed against the order dated 24-3-1993, passed by VIIth Additional District Judge, Aligarh, respondent No. 1, whereby he allowed the revision setting aside the allotment order which had been passed in favour of the petitioner by the Rent Control and Eviction Officer, Aligarh.2. The facts in brief are that Aftab Ahmad Khan is owner and landlord of house No. 4/292 (Old No. 4/185) Shaukat Afza, situate at Ameer Nishan, Aligarh. One Gulam Abdul Qadir was tenant of the first floor portion of the said house. On 22-10-1990 the landlord intimated to the Rent Control and Eviction Officer that the tenant had got a job in Jamia Millia, Delhi and shifted there. The accommodation in question was likely to fall vacant. On 30th Nov. 1990, the tenant initimated to the Rent Control and Eviction Officer that he has delivered vacant possession of the accommodation which was under his tenancy to the landlord on 30-11-1990. On 3-12-1990, the petitioner applied for allotmen...


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