Allahabad Court April 1994 Judgments
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M/S. Munna Industries Vs. State of U.P. and Others
Court: Allahabad
Decided on: Apr-27-1994
Reported in: AIR1994All391
ORDERN. L. Ganguly, J.1. The petitioners filed writ petition No. 20874 of 1993 during summer vacations on 18-6-1993. The petitioners in the writ petition prayed for thefollowing reliefs:(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to give effect of the order dated 20th June, 1992 issued by the Linkage Committee of the Coal India Ltd. in accordance with its policy;(ii) Issue a writ, direction or order in the nature of mandamus directing the respondents to supply Grade-E Kakri ROM to the petitioner unit forthwith in accordance with the linkage order dated 20th June, 1992 sanctioned by the Coal India Ltd.;(iii) Issue a writ, direction or order which this Hon'ble Court may deem fit and proper In the circumstances of the cases; and (iv) Award costs of the writ petition to the petitioner.2. An application for interim stay was also moved with the writ petition on which the following stay order passed:'Learned standing counsel has accepted notice on...
G.i. Punvani Vs. State
Court: Allahabad
Decided on: Apr-25-1994
Reported in: 1995CriLJ3884
J.K. Mathur, J.1. This petition under Section 482, Cr.P.C. has been moved for quashing of charges framed against him by the Special Judge, Anti-corruption (Central) at Lucknow in case No. 33 of 1975 under Section 5(2) read with Section 5(1)(E) of the Prevention of Corruption Act, 1947 (hereinafter to be referred to as the Act).2. The Petitioner joined the Territorial Army in 1960. He was relieved from there in 1969 when he joined as Controller of Imports & Exports, in the Ministry of Commerce. He was retired compulsorily in 1982. The order of compulsory retirement was quashed in 1990 after the date of superannuation of the petitioner which was 31st January, 1983. On 3-12-1971 a First Information Report was lodged against the petitioner saying that he had issued bogus licences and had got money and also that he had purchased Royal Hotel, at Nainital and was living beyond his means. Investigation was carried out and finally charge-sheet was filed on 15-4-1975. However, it was only on 9-3...
Nanda Kishore Dixit Vs. Chief Judicial Magistrate
Court: Allahabad
Decided on: Apr-23-1994
Reported in: 1995CriLJ3493
ORDERK.L. Sharma, J.1. This is a petition under Section 482, Cr.P.C. against the order dated 28-1-1994 passed by the Chief Judicial Magistrate. Sitapur whereby, he has been pleased to reject the application of the petitioner-accused for sending the second sample for analysis to the public analyst.2. A criminal case under Section 7/16 Prevention of Food Adulteration Act is pending against the petitioner in the court of Chief Judicial Magistrate, Sitapur. The petitioner moved an application under Section 13(2) of the Prevention of Food Adulteration Act for sending the second sample of mustard oil to the Director Central Food Laboratory Calcutta for analysis on expenses of the petitioner but the Chief Judicial Magistrate Sitapur has rejected the application on the ground that this application was not made within ten days of the receipt of the copy of the report of the analyst in respect of the first sample and as such, the application was barred by limitation. The petitioner felt aggrieve...
Baboo Ram Vs. the State
Court: Allahabad
Decided on: Apr-23-1994
Reported in: 1996CriLJ483
R.K. Agrawal, J.1. On 23-4-1994 we had allowed both the appeals and had rejected the reference made by the Additional Sessions Judge, Barabanki for confirming the death sentence, and had passed the following orders:-'For the reasons to be recorded later on, the appeal is allowed and the order of conviction and sentence passed by the Sessions Judge is set aside and the reference made by the Sessions Judge is hereby rejected. The accused is in jail. He shall be set at liberty forthwith if he is not wanted in any other case.'We are now giving the reasons for the same.2. Accused Babu Ram has been convicted for an, offence under Section 302/149 I.P.C. and has been sentenced to death by the I Addl. Sessions Judge, Barabanki on 29-10-93 for committing murder of his father, mother and brother in the night of 24/25-11-90, . in village Kundelwa, P.S. Mohammadpur, District Barabanki. The case is based on circumstantial evidence and extra judicial confession alleged to have been made by accused Ba...
Committee of Management, Ratan Muni JaIn Inter College and Another Vs. ... Overruled
Court: Allahabad
Decided on: Apr-22-1994
Reported in: AIR1995All7
ORDER1. In this writ petition a prayer has been made for an order or direction in the nature of certiorari quashing the plaint and all proceedings in original suit No. 230 of 94, Sri Sweatambar S. Thanakwasi Jain Samiti and others v. Regional Dy. Director of Education; Agra Region, Agra. Further a writ, order ordirection has been prayed for quashing the orders dated 4-4-94 and 5-4-94 passed by the IIIrd Addl. Civil Judge, Agra, respondent No. 1 (Annexures 20 and 23 to the writ petition). There is an additional prayer to restrain respondent No. 1, i.e. Addl. Civil Judge, Agra from taking any further proceedings in original suit No. 230 of 94 aforesaid.2. The committee of management of Sri Ratan Muni Jain Inter College, Loha Mandi, Agra, through its Manager Sri Moti Lal Jain (Petitioner No. 1) and Sri Moti Lal Jain (Petitioner No. 2) have filed this petition for the reliefs aforesaid. Respondent No. 5 is Sweatambar Sthanakwasi Jain Samiti, Loha Mandi, Agra and Sri Kamal Kumar Jain has be...
Smt. Sharda Agrawal Vs. Director of Income-tax and Investigation and o ...
Court: Allahabad
Decided on: Apr-22-1994
Reported in: [1994]210ITR690(All)
1. Heard counsel for the parties. 2. By this petition, the petitioner seeks a writ of mandamus directing the respondents to return the documents and ornaments which were seized during the raid conducted on September 16, 1993. During the said raid, locker No. 158 in the Canara Bank, Loha Mandi, Agra, belonging to the petitioner was searched and then certain jewellery was seized. Explanations were furnished by Smt. Kiran Devi, mother of the petitioner, and by the petitioner herself. The Assistant Commissioner of Income-tax, while passing the order under Section 132(5) accepted the explanations of Smt. Kiran Devi, mother of the petitioner, regarding jewellery weighing 65 tolas and of the petitioner regarding jewellery weighing 194.2 grams. The explanations were also accepted regarding F. D. Rs. of the amount aggregating to Rs. 37,205 of the petitioner. 3. The grievance of the petitioner is that despite order dated December 31, 1993 (annexure '1' to the counter affidavit), the jewellery an...
M/S. Modi Rubber Limited Modipuram, Meerut Vs. Nagar Mahapalika, Meeru ...
Court: Allahabad
Decided on: Apr-21-1994
Reported in: AIR1995All153
ORDERR.R.K. Trivedi, J.1. In this petition counter and rejoinder affidavits have been exchanged and learned counsel for parties have agreed that this petition may be decided finally at this stage.2. By means of this petition petitioner has questioned the legality of the order dated 24-10-1991, Annexure III to the writ petition, by which it has been communicated that the valuation of the property of the petitioner for purposes of tax has been fixed as Rupees 1,32,49,561/- on the basis of the report of the enquiry committee dated 24-10-1991 and the order of the Nagar Pramukh of the same date. Though Annexure III to the writ petition is a communication of the order dated 24-10-1991, however, a copy of the detailed order has been filed as Annexure HI to the counter affidavit. At this place, certain facts which are not in dispute between the parties may be mentioned Assessment and valuation of the property of the petitioner for realising tax was made earlier by a Sub-Committee of respondent...
Pradeep Kumar Tripathi Vs. Telecom District Manager and Others
Court: Allahabad
Decided on: Apr-21-1994
Reported in: AIR1994All325
ORDERS.K. Verma, J.1. This petition under Art. 226 of the Constitution of India has been filed for a direction in the nature of certiorari quashing the order dated 28-2-1994 passed by respondent No. 1 (Annexure-5 to the writ petition) demanding additional security and restoration fee and a writ, order or direction in the nature of mandamus commanding the respondents to restore the telephone facility to the petitioner immediately.2. Shorn of the irrelevant, the facts in brief are that the petitioner got telephone connection installed on 23rd January, 1992 at the address 31 M.T.G. Preetam Nagar, colony Allahabad with a telephone No. 633231 and enjoyed the facility till 31st December, 1992 without allegedly receiving any bill during that period. He then applied on 31st December, 1992 for keeping the telephone in Safe Custody from 1st January, 1993 to the end of May, 1993, because he was shifting to another address 63/1 Ganga Enclave, Awas Vikas Colony, Jhunsi, Allahabad. In July, 1993 the...
NaraIn Vegetable Product Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Apr-21-1994
Reported in: [1994]95STC482(All)
K.L. Sharma, J.1.These revisions involve similar facts in similar proceedings and common questions of law and facts and contain similar prayers. Therefore, all these revisions have been heard together and are being hereby disposed of by one common judgment.2. Sales Tax Revision No. 54 of 1990 arises out of the proceedings for escaped assessment in respect of the assessment year 1972-73 under the Central Sales Tax Act;3. Sales Tax Revision No. 55 of 1990 arises out of the proceedings for escaped assessment in respect of the assessment year 1972-73 under the U.P. Sales Tax Act.4. Sales Tax Revision No. 56 of 1990 arises out of the proceedings for escaped assessment in respect of the assessment year 1971-72 under the U.P. Sales Tax Act.5. Sales Tax Revision No. 57 of 1990 arises out of the proceedings for escaped assessment in respect of the assessment year 1971-72 under the Central Sales Tax Act.6. Sales Tax Revision No. 59 of 1990 arises out of the proceedings for escaped assessment in ...
Lakhan Singh S/O Sri Sadhu Singh Vs. Ram Bahadur Srivastava and anr.
Court: Allahabad
Decided on: Apr-21-1994
Reported in: 1994CriLJ2997
Giridhar Malaviya, J.1. This appeal has been filed against the judgment and order dated 9-4-1993 passed by an Hon. Single Judge of this Court in Civil Misc. Contempt Petition No. 647/1992 finding that the appellant had wilfully disobeyed the order dated 9-12-1991 passed by the High Court in Civil Misc. Writ Petition No. 8602/1987. The apology tendered by the appellant was not accepted in view of the statement made by the appellant before the Court and due to his indifferent attitude. Consequently appellant Lakhan Singh was awarded the punishment of simple imprisonment for two weeks and a fine of Rs. 500/-. '2. We have heard Sri J. N. Tewari and Sri D. S. Tewari learned counsel who argued this case on behalf of the appellant.3. The first contention of learned counsel for the appellant is that the judgment under appeal so far it relates to simple imprisonment for two weeks is not in conformity with the provisions of Section 12 of the Contempt of Courts Act. In this connection he has reli...
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