Allahabad Court September 1994 Judgments
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Chandrawati Vs. Kailash Nath
Court: Allahabad
Decided on: Sep-30-1994
Reported in: II(1995)DMC571
S.C. Mohapatra, J.1. This is an appeal by wife under Section 19 of the Family Courts Act against a decree of divorce obtained by her husband from the Family Court.2. There is no dispute that in the year 1973, parties were married and became parents of a child. Shortly thereafter wife left the matrimonial home to live separately from her husband. In the year 1988, husband filed an application under the Hindu Marriage Act for decree of divorce against his wife. While contesting this application, wife asserted amongst others that husband was leading a life of adultery which was the cause for leaving company of her husband. As a counter blast, husband has filed documents like affidavit stated to have been sworn in by the wife on 27.4.1982, where it is stated that she admitted to be leading an adulterous life and a letter dated 2.6.1984 which is eleven pages long alleged to have been written by wife, where, while admitting her past misconduct, she wanted to be exonerated so that both can le...
Rajesh Kumar Saxena Vs. Smt. Nidhi Saxena
Court: Allahabad
Decided on: Sep-30-1994
Reported in: II(1995)DMC308
S.C. Mohapatra, J.1. This is an appeal under Section 19 of the Family Courts Act against the order refusing the application of the husband for dissolution of the marriage under Hindu Marriage Act. There is no dispute that on 11.3.1986 both parties were married. It is the case of husband, that from 24.3.1986 there was dispute between husband and wife on account of going back to her parents' house as she did not like to continue her stay with her husband that on 6.6.1986 the wife sprayed Kerosene on her own clothes and with a lighted match stick in her hand, threatened that she would burn herself. She was rescued by outsiders. Four days after, she wanted to go to her parents' house, petitioner refused to allow her to go her parents' house. On account of it, she threatened that if she would not be allowed to go to parents' house, she would commit suicide and abused the petitioner. Lastly on 30.6.1987 she left her matrimonial house. The petitioner is an emplyee in the State Bank of India B...
Sadique Ali Vs. Apar Sessions Naiyai Dheesh and ors.
Court: Allahabad
Decided on: Sep-27-1994
Reported in: II(1995)DMC222
C.A. Rahim, J.1. This writ petition has been directed against the judgment and order dated 1.10.1991 passed in Criminal Case No. 94/91 passed by the learned Magistrate and the judgment and order dated 11.11.1992 passed by the Additional Sessions Judge in Criminal Revision No. 479/91. Execution proceeding No. 110/83 was continuing since long and after change of status due to divorce an application was filed by the husband before the learned Magistrate for cancellation of the execution proceedings and the same was rejected on 1.10.1991.2. A revision was preferred by the petitioner before the Court of Sessions and by an order dated 11.11.1992 the Addl. Sessions Judge, Basti, dismissed it on the ground that the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter called as the Act) has no retrospective operation. Both the Courts below referred Section 7 of the said Act wherein it has been provided that every application of a divorced woman under Section 125 or under Sectio...
Siddhartha Gautam Ram and Others Vs. Sarveshwari Samooh Kushtha Sevash ...
Court: Allahabad
Decided on: Sep-26-1994
Reported in: AIR1995All52
ORDER1. This revision by the defendant-revisionists is directed against the orders dated 16-3-1994 passed by the VI Addl. District Judge, Varanasi and dated 16-9-1994 passed by the 1st Addl. District Judge, Varanasi on misc. applications filed by the plaintiffs.2. The first order under challenge was passed by the VI Addl. District Judge, Varanasi dated 16-3-1994 by which the court decided that he shall proceed to decide thecase fixing 8-4-1994 for filing the written statement and framing of issues. The Stamp Reporter, although in his report pointed out that time upto 16-12-1994 for taking cognizance of the revision is within limitation. It appears that the order dated 16-3-1944 has no direct relationship with the order dated 16th Sept. 1994 passed by the 1st Addl. District Judge, Varanasi, which was passed in respect of the valuation and court-fee paid by the plaintiff on the plaint. Sri Tarun Agarwal, learned counsel has filed his caveat on behalf of the respondents. Sri Sudhir Chandr...
R.A. Qureshi Vs. Xth Additional District Judge, Meerut and Others
Court: Allahabad
Decided on: Sep-26-1994
Reported in: AIR1995All345
ORDER1. The dispute in both these writ petitions relates to accommodation, Old No. 400 and New No. 406, Shahpeer Gate, Meerut. In the writ petitionNo. 12067 of 1990 the decision in Prescribed Authority Case No. 228 of 1986 Nanhey Khan v. Dr. R. A. Qureshi dated 1-4-1989 directing ejectment of the petitioner, substantially confirmed by the X Additional District Judge, Meerut in Misc. Appeal No. 136 of 1989 and No. 140 of 1989 vide order dated 5th April, 1990 has been challenged. In the writ petition No. 23246 of 1990 the order of the trial Court issuing Parwana dated 3-9-1990 for ejectment of the petitioner from the premises in dispute has been challenged. Both these petitions are being disposed of through this common order.2. The respondents Nos. 3 to 6 of the writ petition No. 12067 of 1990 are the landlords of the disputed premises. They moved an application under Section 21(1)(a) of the U.P. Act XIII of 1972 (hereinafter called as the Act) before the Prescribed Authority for releasi...
General Manager, Punjab National Bank and ors. Vs. Khar Bhan Ram
Court: Allahabad
Decided on: Sep-26-1994
Reported in: [1995(70)FLR281]; (1995)IILLJ93All
S.S. Sodhi, C.J.1. The controversy here is with regard to confirmation in service on the expiry of the period of probation. It arises in the context of the termination of the service of a Management Trainee, in the Punjab National Bank, on his failure to fulfil the condition, in his letter of appointment, of passing the bank's confirmation test. The Management Trainee, on his part, asserts his right to confirmation merely upon the expiry of his period of probation regardless of the confirmation test not having been passed by him.2. To give the relevant factual background, Khar Bhan Ram, the respondent here, was selected for appointment as Management Trainee on terms and conditions as incorporated in the letter of July 28, 1986 (Annexure-1 to the writ petition). One of the conditions there being:-'You will be on training/probation for a period of 2 years from the date of your joining the Bank and you will be considered for confirmation in the service subject to your satisfactory report ...
Chaman Sher Vs. State of U.P.
Court: Allahabad
Decided on: Sep-26-1994
Reported in: 1995CriLJ1645
ORDERS.K. Verma, J. 1. The applicant involved in case crime No. 306 of 1993 under Sections 147/148/302, I.P.C. Police Station Kannauj District Farrukhabad has applied for bail on three grounds, Firstly, it has been argued that no specific role has been assigned to the applicant. Secondly, it has been urged that though the incident is alleged to have taken place at 9.30 a.m. yet as per post mortem report rigor mortis had developed in the entire body and, therefore, the incident might have occurred during early hours of the morning. Thirdly, it has been urged that semi-digested food was found in the stomach and pasty material and gases were found in the small intestines which also indicates that the victim might have taken food late in the night and the occurrence might have taken place in the early hours of the morning. 2. So far as the first point is concerned, prima facie five persons participated with firearms in this crime and there are five gun shot injuries on the person of the de...
Ashish Kumar Vs. the Secretary, Medical Health and Education, U.P. Luc ...
Court: Allahabad
Decided on: Sep-23-1994
Reported in: AIR1995All98; (1994)3UPLBEC1740
ORDERS. S. Sodhi, C.J. 1. The matter here concerns admissions to Government MedicalColleges in the State of Uttar Pradesh by migration or transfer from various recognised and unrecognised Medical Colleges outside the State. It arises in the context of a bunch of 139 petitions, which came up before the Supreme Court for special leave to appeal against interlocutory orders of this Court directing admissions to Government Medical Colleges in the State by migration/transfer, which as the Supreme Court observed, 'prima facie indicate too liberal a judicial attitude to matters which should have required the application of settled principles of interlocutory relief' and further that the submissions during arguments 'embarrassingly indicated a widely shared apprehension as to the bona fides of the transfers and possible abuse of the process of Court' and that 'the present interlocutory orders do lack visible legal support.'2. Most of the writ petitions now before us comprise the said bunch of ...
Yogendra Pal Singh Vs. Motor Accidents Claims Tribunal and ors.
Court: Allahabad
Decided on: Sep-23-1994
Reported in: I(1995)ACC206; 1996ACJ625
S.C. Mohapatra, J.1. This is an appeal by the owner of the vehicle under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'). On account of death of Mohd. Aqram aged about 27 years, the widow, minor children and parents filed an application for compensation claiming Rs. 9,80,200/-before the Tribunal. Their case is that on 18.10.1990 at about 4.00 p.m. while the deceased was going towards the grove in village Daipura truck No. UPN 6970 dashed against him and as a result of the accident he succumbed to the injuries. Thus, they have lost the dependency and are entitled to compensation. Appellant contested the claim on the ground that there was no accident and truck was not in a working order as its steering had failed at about 2.00 p.m. on the same day for which the driver left the vehicle on the road. Since the vehicle was found on the road it is wrongly been implicated, which caused the accident.2. After considering the evidence on record Tribunal has foun...
Raj Kishore Mishra Vs. Smt. Menna Mishra
Court: Allahabad
Decided on: Sep-22-1994
Reported in: AIR1995All70
1. This is an appeal under Section 19 of the Family Court Act against decree directing payment of maintenance at the rate of Rs. 500/- per month by the appellant. Case of plaintiff-respondent is that she is widow of the son of appellant. Appellant, despite approach, is not maintaining her or permitting her to reside in the family house. On the other hand appellant has deposited compensation amount of Rs. 10,000/- in his name depriving the widow-plaintiff from the same. Therefore, she is residing with her brother at Kanpur. In this circumstance direction should be given to defendant for granting maintenance to her. Case of defendant is that marriage of his deceased son with plaintiff is void under Hindu Marriage Act and as such he has no obligation to maintain her. Besides plaintiff is residing with her parents and is being maintained by them for which he has no obligation to maintain her.2. Learned trial Judge held that plaintiff is daughter-in-law of defendant and is residing with her...
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