Allahabad Court April 1994 Judgments
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Ram Parshan Shahi and anr. Vs. State
Court: Allahabad
Decided on: Apr-21-1994
Reported in: 1994CriLJ3681
B.L. Yadav, J.1. These two analoguous appeals (Criminal Appeal No. 715 of 3979 -Ram Parshan Shahi v. State of U.P. and Government Appeal (against accquittal) No. 1708 of 1979 State of U.P. v. Ram Nayan (hereinafter referred to as the first appeal and second appeal respectively), are directed against the same judgment and order dated 19-2-1979 rendered by the III Additional District and Sessions Judge, Gorakhpur in Sessions Trial No. 448 of 1976, (for the offence under Section 302, 307, 147, 148, 149, and 324, I.P.C. and Section 27 of the Arms Act), convicting the appellants in the first appeal to the life imprisonment under Section 302, I.P.C. and for three years R.I. under Section 307, I.P.C. and 1 years R.I. under Section 324, I.P.C. and six months R.I. under Section 27 of the Arms Act but these sentences were to run concurrently, and acquitting the respondent Ram Nayan and 6 others in the second appeal it isaccording convenient to dispose them of by a common judgment.2. The portraya...
Radhey Shyam (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Apr-21-1994
Reported in: 1995CriLJ556
ORDERVirendra Saran, J.1. Radhey Sham S/o Gangadhar has filed this revision against the order dated 25-3-1994 of the Sessions Judge, Allahabad refusing bail to the applicant in Crime No. 506 of 1993 of P.S. Sarai Inayat, district Allahabad under Sections 302, 307, 504, 506 I.P.C.2. The prosecution case is that on 1-10-1993 informant Rajendra Pratap Singh, his elder brother Mahendra Pratap Singh, P.W. Radhey Shyam and Dev Narain Singh were having a chat at their Petrol Pump located in village Anduva on the G.T. Road. At about 7 p.m. Radhey Shyam (applicant) Chandra Prakash Alias Panda and Lalji arrived there in an Ambassador Car bearing No. UVA 5511. They had guns with them. The occupants of the car asked Umesh, the Salesman at the pump to be quick and top up diesel in a jerrycan. When Umesh refused to supply diesel out of turn, he was greated with abuses and was also threatened to be shot dead. Mahendra Pratap Singh (deceased) intervened and asked the occupants of the car (accused) to ...
Anil Kumar Singh Yadav Vs. Union of India, and Another
Court: Allahabad
Decided on: Apr-19-1994
Reported in: AIR1995All13
ORDERB.M. Lal, J.1. Interpretation of tenure where language used therein is clear and unambiguous prescribing maximumperiod of outer limit but not internal limit, is involved in this case.2. Besides this, where the appointment is not governed by any statutory provision or guideline, but is made purely on personal or political considerations, the appointment itself being arbitrary, whether can such appointee complain if the termination of such appointment is also equally arbitrary, and whether can such appointee raise objection to his exit when admittedly his entry itself is by back door, are the next question involved inthis case?3. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a writ, order or direction in the nature of certiorari quashing impugned office memorandum dated 2-3-1994 issued by the respondents contained in Annure-8 to the writ petition, whereby tenure of Oil Selection Board for selection of dealers/distributors ...
Suresh Kumar Tyagi Vs. Krishna Kumar and Others
Court: Allahabad
Decided on: Apr-19-1994
Reported in: AIR1995All57
ORDER1. Whether this Court in exercise of its jurisdiction under Article 226 of the Constitution of India must keep its hands off when there is equally efficacious remedy in a dispute pertaining to election, more so when there is statutorily prescribed remedy which almost reads in mandatory terms, is the short but significant question for determination in the present petition filed by the petitions Suresh Chand Tyagi, seeking relief for issuance of a writ of Certiorari quashing theimpugned order dated 14-2-1994 (Annexure-7 to the petition), passed by the Sub-Divisional Officer, Mawana, District Meerut holding that the nomination papers of respondent Nos. 1 to 7 could not be rejected, rather they were held to be correct, and thereafter the election was held for ejecting members of the Managing Committee includ-ing the Chairman and Vice-Chairman of Kisan Sewa Sahkari Samiti, Agwanpur, Meerut, a primary Agricultural Credit Society, (for short the Society), as defined under Section 2(A-1) ...
Luxmi Raj Singh and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-19-1994
Reported in: (1995)ILLJ262All
S.R. Singh, J. 1. Petitioners Laxmi Raj Singh and Anil Kumar were appointed as Enumerators vide appointment order dated September 1, 1989(Annexure-1 to the writ petition). The appointment order was issued pursuant to recommendation made by the Selection Committee constituted for the purpose. The appointment, however, was made temporarily for a fixed period of 8 months and on a consolidated pay of Rs. 1,200/- per month. Pursuant to the said appointment order, the petitioners joined their duties as Enumerators w.e.f. September 6, 1980. It appears that, although the petitioners were appointed for a period of 8 months, but their appointments were extended from time to time and they worked and discharged their duties till July, 1990, whereafter they were prevented from signing the attendance register and were thus retrenched. It is alleged in paragraph 9 of the writ petition that the work carried out by the opposite parties is in the nature of business and trade and as such the respondent, ...
Rahmat Ullah and Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-15-1994
Reported in: II(1994)DMC64
Hari Nath Tilhari, J.1. These two a writ petitions arise out of same judgment and order and the petitioners have challenged the orders dated 28.6.1986, passed by the Prescribed Authority (Ceiling) Balrampur and order dated 27.4.1993, delivered by Upper Aayuktya (Addl. Commissioner), Faizabad Division, Faizabad in Ceiling Case No. 387 under Section 10 of the Imposition of Ceiling on Land Holdings Act and the two appeals arising out of the order of the Prescribed Authority, Ceiling, passed in that case, i.e., Ceiling Appeal No. 333/679 and Ceiling Appeal No. 335/680, Gonda under Section 13 of the U.P. Imposition of Ceiling on Land Holdings Act. As the two writ petitions involve same questions of law and arise from same order and involve same fact, both the writ petitions have been heard together and are being disposed off by one common Judgment. Writ Petition No. 45 of 1993 is being made leading case.2. It may also be mentioned here that the petitioner Rahmatullah of Writ Petition No. 45...
Smt. Lalita Devi Vs. Smt. Kamla Devi
Court: Allahabad
Decided on: Apr-13-1994
Reported in: AIR1995All21
ORDER1. This revision by the judgment-debtor is directed against the judgment and order dated 22-7-1993 passed by the 1st Additional Civil Judge, Gorakhpur in Misc. Case No. 34 of 1992 arising out of Execution Case No. 9 of 1990 of the original suit No. 207 of 1970.2. Brief facts of the case are that the land in dispute belonged to one Baij Nath Prasad who died leaving four sons. One of them namely Vishwanath Prasad as Karta of the joint family and as guardian of minor son of his deceased brother Sheo Nath Prasad executed a lease deed dated 10th May, 1950 in favour of one Moti Lal Tibrewal. The lease was initially for a period of 25 years with an option for renewal for a further period of ten years. Whereafter the land was to revert back to the lessors in a vacant state. Arun Prakash, Udai Prakash, Jyoti Prakash who are the sons of another son namely Gopal Das and Smt. Kamla Devi widow of the deceased son Sheo Nath Prasad, filed a suit No. 207 of 1970 in the court of the civil Judge, G...
Union of India, North Eastern Railway Vs. Om Construction and Supply C ...
Court: Allahabad
Decided on: Apr-13-1994
Reported in: AIR1994All334
ORDER1. Civil Revision No. 206 of 1993 is directed against the order dated 12-1-1993 passed by the VIth Additional District Judge, Gorakhpur allowing the plaintiffs application (Paper No. 64C) and directing the arbitrators to grant interim award of rupees 2 Lakhs in Original Suit No. 215 of 1991. Civil Revision No. 292 of 1993 is directed against the order dated 3-4-1993 passed by the VIth Additional District Judge, Gorakhpur allowing the plaintiff's application (Paper No. 85C) and confirming the interim award and making the same rule of the court in Original Suit No. 215 of 1991. Both these revisions which arise out of the same proceedings have been connected and are being heard and decided together.2. Brief facts of the case so far as relevant for purposes of the present revision, are that Om Construction & Supply Co. (hereinafter referred to as the plaintiff-opposite party) by means of two agreements dated 13-2-1989 and 10-11-1989 entered into a building contract with the defendant-...
Ram Bhajan and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Apr-13-1994
Reported in: 1996CriLJ566
Palok Basu, J.1. Criminal Appeal No. 1314 of 1979 has been preferred by (1) Ram Bhajan son of Sheodan Singh, (2) Bishambhar, son of Babu Singh, (3) Sheodan and (4) Ram Charan, both sons of Har Bhajan while Criminal Appeal No. 1382 of 1979 has been preferred by Mahendra. son of Malkhan against the judgment and order dated 16-4-1979 passed by VI Addl. Sessions Judge, Bulandshahr in Sessions Trial No. 528 of 1978 thereby convicting all the appellants under Section 302/149 I.P.C., and 323/149 I.P.C., and sentencing them to imprisonment for life and a fine of Rs. 1000/ - on the first count and one year's R. I. on the second count and further convicting and sentencing Bishambhar, Sheodan and Ram Charan under Section 147 I.P.C., to two year's R. I. each and Ram Bhajan and Mahendra under Section 148 I.P.C., to three years R. I. each. The charge against the appellants was that on 23-5-1978 at about 9 P. M. they formed an unlawful assembly in the Gher of Smt. Sohanbiri in village. Doongra Jat, p...
Oil and Natural Gas Commission Vs. District Collector, Dehradun and Ot ...
Court: Allahabad
Decided on: Apr-12-1994
Reported in: AIR1994All280
ORDERR.A. Sharma, J.By Notification dated 14-3-1986, issued under sub-section (1) of Section 4 and sub-section (4) of Section 17 of the Land Acquisiton Act, 1894 (hereinafter referred to as the Act). 1.14 Acres land situate in village Garhi, district Dehradun was proposed to be acquired by the Government of U.P, for construction of hospital for the employees of Oil and Natural Gas Commission Dehradun (hereinafter referred to as the petitioner). Declaration under Section 6 of the Act was issued by Notification dated 11-9-1986. The above Notifications were challenged by the tenants of the land by means of Writ Petition No. 16847 of 1986 before this Court, which was dimissed by judgment dated 29-8-1991, against which Special Leave Petition was filed before the Supreme Court, which was also dismissed on 30-1-1992. After the dismissal of the writ petition by this Court, petitioner requested the Special Land Acquisition Officer, Dehradun and the district administration for handing over the p...
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