Allahabad Court August 1994 Judgments
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Fateh Singh Vs. State
Court: Allahabad
Decided on: Aug-16-1994
Reported in: 1995CriLJ88
S.K. Phaujdar, J. 1. This is an appeal by one Fateh Singh who was convicted by the Vth Additional Sessions Judge, Bulandshahr on 1-11-1977 under Sections 302 and 201 IPC in S. No. 207 of 1975 and has been sentenced to Life Imprisonment for his conviction under Section 302 IPC and to RI for one year for his conviction under Section 201 IPC. The sentences were to run concurrently. The appellant is on bail by an order of this Court dated 9-11 -1977.2. According to the prosecution story, it is a case of murder of a teenaged brother-in-law by his sister's husband for absolute inheritance of the property of the in-laws. It is alleged that the appellant Fateh Singh had taken away his wife's minor-brother, Ganga Prasad, from village Peetubash, P. S. Sikandarabad on 1-10-1974, and he took him to Delhi and had committed murder of the boy by strangulating him and had thrown away the dead-body in a ditch.3. On 4-10-1974 Ram Kali, the mother of the deceased lodged a report at Sikandarabad police st...
New India Assurance Company Ltd. Vs. Smt. Raj Kumari and Others
Court: Allahabad
Decided on: Aug-12-1994
Reported in: 1994ACJ1110; AIR1995All1
ORDERS.C. Mohapatra, J.1. Insurer isappellant in this appeal under Section 178 ofthe Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').2. On 23-10-1989 Maruti Van No. DDV 467 dashed against a tree as a result of which Murari Singh, an occupant of the Car sustained fatal injuries and expired. Murari was employed as driver of the Car. Claimants, who are widow and minor son of the deceased filed application for compensation.3. Insurer contested the claim on the ground that driver of the Vehicle having himself been negligent, claim by dependants under the Act is not sustainable. Added to it insurer asserted that claim is excessive and claimants are entitled in the maximum to compensation as provided under the Workmen's Compensation Act.4. Tribunal on appreciation of materials on record held that dependants are entitled to compensation under the Act and awarded compensation of Rs. 1,85,000/-. This is grievance of appellant.5. When the appeal was listed for admission, notice of...
Ravindra Pal Singh Vs. District Inspector of Schools and anr.
Court: Allahabad
Decided on: Aug-12-1994
Reported in: (1995)ILLJ999All
R.A. Sharma, J.1. Sri Sunil Kumar, respondent No. 3 here claiming to be son of the late of Rampal Sing alleged Principal of Munshi Gajadhar Singh Inter College, Komar Aligarh made an application for his appointment on compassionate ground due to death in harness of his father. The District Inspector of Schools not having acceded to his request, he filed a writ petition before this Court in which the learned Single Judge of this Court has passed the following interim order:-'Issue notice. Until further orders, the operation of the impugned/offer dated 28.6.1993 passed by respondent No. 2 (annexure-10 to the writ petition) shall remain stayed. Respondents are directed to allow the petitioner to work as adhoc Principal of Munshi Gajadhar Singh Inter College, Komari, Aligarh, and to pay him salary for the post of Principal'. 2. Although Dying in Harness Rules, 1974 are not applicable to Intermediate Colleges but the Government of U.P. has issued an order for making such appointments to Cla...
Ramchandra Jatav Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Aug-12-1994
Reported in: (1995)ILLJ1040All
D.S. Sinha, J.1. Sri Beni Ram, erstwhile Roller Fireman in Nagar Palika, Farrukhabad, died on November 26, 1974. After a lapse of an interminable period of nearly two decades, in the year 1994, his son Ram Chandra Jatav, the petitioner, relying upon the Government order dated October 16, 1974 providing a scheme of giving employment to the dependants of such employees of the local bodies who die in harness, invokes the jurisdiction of this court under Article 226 of the Constitution of India for commanding the respondents to give him employment on compassionate ground. 2. The claim of the petitioner, if any, is stale and contrary to the objects of the scheme of providing employment to the dependants of the employee dying in harness. The scheme of providing appointment on compassionate ground is founded on humanitarian consideration based on the laudable object of providing immediate succour to the dependants of the deceased employee and save them for penury and destitution. 3. The schem...
Prem Lata and ors. Vs. Sikandar Ali and ors.
Court: Allahabad
Decided on: Aug-12-1994
Reported in: 1995ACJ11
C.A. Rahim, J.1. On 8.12.1976 an accident occurred in which a scooter No. DHU 7357 was struck by one truck No. UPS 4224 in which the driver of the scooter, Milap Chand, received injuries and died thereafter. The claimants are the wife and minor children of the deceased Milap Chand. They preferred claim petition before the Claims Tribunal and claim case No. 5 of 1977 was registered. The allegation was that the said truck hit the scooter at about 7.30 p.m. while it was being driven rashly and negligently and at a high speed. It has also been alleged that the truck was moving on the wrong side of the road and its right hand side headlight was also off.2. The owner and the insurance company contested the claim. They contended that it was the driver of the scooter who was driving it at a high speed, rashly and negligently and dashed the truck which was moving on the right side. Their case was that the driver of the scooter was negligent and not the driver of the truck. Evidence from both th...
Bhawna and ors. Vs. Ashok Kumar and ors.
Court: Allahabad
Decided on: Aug-12-1994
Reported in: I(1995)ACC110; 1995ACJ764
C.A. Rahim, J.1. This appeal has been preferred by three appellants, namely, the wife, father and mother of the deceased Mukesh Kumar. An accident was caused on 28.7.1984 and in that accident one Mukesh Kumar expired. On the claim petition filed by these appellants the learned Tribunal Judge allowed Rs. 15,000/- under Section 92-A of the Motor Vehicles Act, 1939 and Rs. 55,000/- to the claimants but not in equal proportion. It has been stated that the deceased was aged about 21 years. He was working in a private concern and getting Rs. 1,200/- per month as salary. He was also running a patthar khadan from which he was earning Rs. 400/- per month. He was also owning a tractor from which he was deriving an income at the rate of Rs. 400/-per month. It was contended that the deceased was spending Rs. 1,500/- per month towards his family and claimed Rs. 11,00,000/- and odd. The allegation was that while Mukesh Kumar was proceeding on a motor cycle he was hit by a bus No. DLP 4416 which was ...
Sanju and Others Vs. Sobhanath and Others
Court: Allahabad
Decided on: Aug-11-1994
Reported in: AIR1995All90; II(1994)DMC616
ORDER1. The detenus who are childrenof Smt. Parvati Devi and Sobhanath, O.P.No. 1, have instituted this Habeas CorpusPetition through their mother, Smt. ParvatiDevi, as they allegedy were in the illegalcustody of their father and considering thestatus of husband and wife they could bemaintained properly by their mother only andnot father. 2. The marriage had taken place about 20 years ago and on the date of the petition, i.e. 7th July, 1994, Raju Radha and Sanju were aged about 11 years, 5 years and 4 years respectively. Relations between the wife and husband became strained allegedly due to the bad habits of the husband who was a labourer. The alleged bad habits were illicit connection with another lady, gambling and drinking etc. His behaviour towards the wife and children had become rather cruel.3. Petitioner No. 4, the wife, was compelled to do the work of washing and pressingof clothes for her survival as well as the survival of the children. On her request, her husband had taken ...
Ashok Pandey, Advocate Vs. State of U.P. Through Its Secretary, Higher ...
Court: Allahabad
Decided on: Aug-10-1994
Reported in: AIR1996All24
ORDERS.R. Singh, J.1. The petitioner, who is an Advocate, has filed this petition under Article 226 of the Constitution of India for issuance of a writ, order or direction in the nature of certiorari quashing the Government Order/Letter No. 1807/151094-15 (18/94) Shiksha Anubhag-10, Lucknow, dated 10th May, 1994 contained in Annexure-1 to the Writ Petition and any other Government Order or Notification providing thereby reservation of seats in the Universities in favour of Scheduled Castes/Scheduled Tribes and other backward classes.2. The petitioner who appeared in person assailed the validity of the impugned Gov-eminent Order on the ground that it was violative of Articles 14, 15, 16 and 21 of the Constitution. It was also urged that the reservation provided for by means of the impugned G.O. in favour of Scheduled Castes, Scheduled Tribes and other backward classes exceeded 50% and that being so the G.O. was contrary to the law declared by Supreme Court in Indira Sawhney v. Union of ...
Satya Pal and anr. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Aug-09-1994
Reported in: 1994CriLJ3790
ORDERN.L. Sharma, J.1. This is a criminal revision directed against the order dated 17-6-1994 passed by the First Additional Munsif Magistrate, Bijnor in Criminal Complaint Case No. 23 of 1994 Laxman v. Satyapal under Sections 302/34, I.P.C., P. S. Chandpur, district Bijnor, whereby the revisionists have been summoned Under Section. 204, Cr. P.C.2. I have heard Sri Veer Singh learned counsel for the revisionists, and the learned Additional Public Prosecutor for the State, and Sri K.M. Garg counsel for opposite party No. 2.3. Learned counsel for the revisionists has contended that the learned Magistrate has committed an illegality by not examining all the witnesses in the inquiry Under Section 202, Cr. P.C. learned Additional Public Prosecutor replied that the learned Magistrate called upon the complainant to produce all his witnesses for inquiry Under Section 202, Cr. P.C. and the complainant produced five witnesses who have been examined by the learned Magistrate and thereupon the lea...
Smt. Swaroopwati and Others Vs. the Collector, Dehradun
Court: Allahabad
Decided on: Aug-05-1994
Reported in: AIR1995All31
ORDERS.C. Mohapatra, J.1. This is anappeal under Section 11 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to its 'the Act').2. As vast tract of agricultural landmeasuring 32 acres 80 decimals belonging to various owners including land of Sumant Prasad, predeceassors-in-interest of appellants were requisitioned under the Defence of India Act, 1952 and rules made thereunder for use and occupation of Indian Military Academy, Dehradun in the year, 1963. While academy was in possession, two notices were published on 22-1-1971 and 3-2:I97I in official Gazette under Section 7 of the Act acquiring 3 acres 94 decimals of land belonging to Sumant Prasad in Khasra Plot no. 250. He was offered compensation of Rupees 40,859-26 paise at the rate of Rs. 10,370.37 per acre. If the land holder would have agreed to accept the same, this litigation would not have seen light of the day. Land holder demanded compensation at the rate of Rs.9,000/- per begha (1 a...
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