Allahabad Court September 1994 Judgments
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Ghulam Mohammad Vs. Taj Mohammad Khan and Others
Court: Allahabad
Decided on: Sep-13-1994
Reported in: AIR1995All333
ORDER1. By means of the present application, who is son of the defendant appellant, seeks the review of the judgment and decree of this Court passed in Second Appeal No. 1964 of 1980 on 16th of October, 1985.2. Before dealing with the merits of the review application, it is necessary to mention that the suit was throughout contested by the father of the applicant Sri Ghulam Moham-mad, who was defendant in the suit and who unsuccessfully agitated the matter in the first appellate court and in second appeal in this Court. The applicant's father had also filed a review application against the judgment of this court passed in second appeal which was dismissed in the year 1986. The present application does not whisper that the father of the applicant has died. Thus it is clear that the present applicant has no right to challenge a decree passed against his father, who is very much alive. The review application on the alleged ground could have only been moved by the applicant's father. The a...
U.P. Beedi Mazdoor Federation and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-13-1994
Reported in: [1995(70)FLR46]; (1995)ILLJ1152All
S.P. Srivastava, J.1. The petitioner No. 1 claiming to represent the registered Trade Unions of Beedi Workers at Allahabad, Mirzapur, Sultanpur, Farrukhabad and other places in U.P. and Petitioner No. 2 which is a Trade Union of Workmen employed in Beedi Industry at Allahabad seek quashing of the order dated August 2, 1994 passed by the respondent No. 3 whereunder exercising the jurisdiction envisaged under Section 6-B (3) of the U.P. Industrial Disputes Act, the said authority had refused to register the settlement dated April 11, 1994 claimed to have been arrived at between the employers of the Beedi Industry and the Beedi Workers Union and Others.2. In this writ petition, the petitioners have impleaded besides the State of U.P., Labour Commissioner and Deputy Labour Commissioner, and four Biri Employers of the Beedi Industry who have been arrayed as respondents Nos. 4 to 7.3. The aforesaid four Beedi employers along with a registered society of Beedi Employers in U.P. arrayed as pet...
Oriental Insurance Co. Vs. Anita and ors.
Court: Allahabad
Decided on: Sep-12-1994
Reported in: 2(1996)ACC671
S.S. Sodhi, C.J.1. The matter here concerns the defences available to an Insurance Company in a claim for compensation arising from a motor accident.In dealing with the point in issue reference must, at the very outset, be made to the relevant statutory provisions, these being Sections 149 and 170 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') which are reproduced hereunder:149, Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks.-(1) If, after a certificate of insurance has been issued under Sub-section (3) of Section 147 in favour of the person by whom a policy has been effected, judgment or award in respect of arty such liability as is required to be covered by a policy under Clause (b) of Sub-section (1) of Section 147 (being a liability covered by the terms of the policy) is obtained against any person insured by the policy then, notwithstanding that the insurer may be entitled to avoid or cancel or may h...
Basudeo and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Sep-09-1994
Reported in: 1995CriLJ1646
V.N. Mehrotra, J. 1. Criminal Appeal No. 236 of 1980 has been filed by appellants Basudeo and Digambar against the judgment and order dated 22-12-1979 by Sri K. K. Sharnia IV Additional Sessions Judge, Mathura by which he has convicted appellant Basudeo under Section 302, I.P.C. and appellant Digambar under Sections 302/34, I.P.C. Both the appellants have been sentenced to undergo imprisonment for life. The State of U.P. has filed Government Appeal No. 650 of 1980 against Ramesh and Randhir, respondents, as both of them have been acquitted by the learned Additional Sessions Judge by the same judgment. Both these appeals have been heard together. 2. According to the prosecution allegations, all the four accused persons were residents of village Loriha Patti, Police Station Magorrah, District Mathura. Deceased Girraj Singh, who was the resident of the same village and was brother of informant Nek Ram, was serving as a teacher in the primary school situated in village Dom Pura. It is said...
U.P. State Electricity Board and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-08-1994
Reported in: (1995)IILLJ469All
ORDERR.B. Mehrotra, J.1. In all the above seven writ petitions, the same question of law is involved for consideration. On facts also, there is exact similarity for the purposes of deciding the controversy in the writ petitions except in the matter of actual dates in regard to different writ petitions. These small variations on facts, however, do not call for a separate consideration of individual case. The parties counsel have agreed that all the seven writ petitions may be heard and decided as same questions are involved in these writ petitions.2. However, for convenience of noticing the necessary facts, Civil Misc. Writ petition No. 21679 of 1987 is being treated as a leading case.3. Factual matrix necessary for decision in the writ petition is noticed hereunder:Some of the muster roll employees employed in various Divisions of the U.P.State Electricity Board (hereinafter referred to as the Board) were terminated from their service from 1st of February 1979. In the Division to which...
Pankaj Kumar Srivastava Vs. State of U.P.
Court: Allahabad
Decided on: Sep-07-1994
Reported in: (1996)IIILLJ774All
ORDERS.R. Singh, J.1. Daya Shankar Srivastava, the father of the petitioner, was a confirmed Asstt. Teacher in Baba Reghavdas Krishak Inter College. Bhatpur Rani, in the district of Dcoria, which is a recognised Educational Institution, receiving grant-in-aid fromthe State of U.P He died in harness. Pursuant to a direction given by the Distt. Inspector of Schools. Dcoria vide order contained in letter No. 7/Sadar/ 13289-13689/92-93 dated February 1, 1993, the Principal of the college appointed the petitioner videlsetter dated February 3, 1993 (Annexure 1) against a class-4 post in the college. The said appointment was admittedly made on compassionate ground in view of the provisions contained in Regulation 103 of Chapter III of the Regulations made under the U.P. Intermediate Education Act, added by means of notification No. 4001/15-7-(1)/90 - Shiksha Anubhag-7 dated July 30, 1992. Regulation 103 is quoted below for ready reference.^^;fn fdlh ekU;rk izkIr] lgk;rk izkIr laLFkk dkf'k{k.k...
Ali Hasan and anr. (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Sep-07-1994
Reported in: 1995CriLJ1641
Kundan Singh, J. 1. This appeal has been preferred by the appellants Ali Hasan alias Jhinkan and Bismillah alias Nirha against the judgment and order dated 23-9-1983 passed by Sri Raghunath Prasad, the then VII Addl. Sessions Judge, Gorakhpur, whereby he has convicted the appellants under Section 302, I.P.C. and sentenced each of them to undergo imprisonment for life. 2. The prosecution case, in brief, is that a dispute took place between Munni Lal alias Kallu on one hand and Alim Hasan alias , Jhinkan on the other few days earlier. They challenged each other to see in future. Due to that reasons Jhinkan was on inimical terms with Munnilal alias Kallu. On 4-3-1982 at 1.30 p.m. Munnilal alias Kallu was returning from Collectorate to his house in the company of PW 1 Pradeep Kumar and PW 2 Shariker. When they were passing through the way in front of the house of Jhinkan in Mohalla Jamunahiya Bagh, Jhinkan stopped Kallu and enquired from him about the old Dispute and started scolding him. ...
Sanjay Bahal Vs. State of U.P.
Court: Allahabad
Decided on: Sep-07-1994
Reported in: 1995CriLJ1650
ORDERK.L. Sharma, J. 1. This is the first bail application in this Court by the applicant Sanjay Bahal who is involved in Crime Case No. 162 of 1994 under Sections 302/201, I.P.C.; P. S. Dalanwala, district-Deharadun. 2. I have heard Sri J.S. Sengar learned counsel for the applicant and Sri K.K. Arora learned counsel for the complainant as well as learned A.G.A. at length. 3. Learned counsel for the applicant has submitted that the first information report lodged by the brother-in-law of the deceased did not specify any name of the accused persons and it is only during investigation that the applicant has been apprehended, but, there is no prima facie case made out. against the applicant and even if there is any prima facie case, the applicant cannot be punished without trial and is entitled to bail. In support of his submission the learned counsel has recited, a decision of the Hon'ble Supreme Court in the case of Bhagirathsinh Judeja v. State of Gujarat : 1984CriLJ160 . 4. Learned co...
State of U.P. and ors. Vs. Prem Chand Jaiswal and anr.
Court: Allahabad
Decided on: Sep-06-1994
Reported in: 1995ACJ776
C.A. Rahim, J.1. This appeal has been preferred against the judgment and order of the Motor Accidents Claims Tribunal, Allahabad, dated 1.5.1992 in M.C.P. No. 268 of 1989.2. The fact in short is that on 17.5.1989 at about 5/6 p.m. while the deceased Ajit Kumar Jaiswal was coming on the motor cycle as pillion rider, he was hit from behind by police truck No. UTY 9374 at Nairn Bridge. Ajit Kumar Jaiswal succumbed to the injuries on the same day at about 9.15 p.m. in the hospital. It has been stated that the police truck was moving at a high speed and it was being driven rashly and negligently for which the accident was caused.3. The defendants' contention was that there was no negligence on the part of the driver of the police vehicle. It was moving slowly at Naini Bridge while flock of buffaloes was passing on. It was their case that two buffaloes were at daggers drawn to each other and due to infighting the motor cycle, which passed the police truck, dashed against a pole in which Ajit...
Deepsone Non-ferrous Rolling Mills Pvt. Ltd. Vs. Supdt. of Customs and ...
Court: Allahabad
Decided on: Sep-06-1994
Reported in: 1994(74)ELT498(All)
ORDER1. In view of the exchange of affidavits and also in view of the facts stated in the affidavit in support of the amendment application by the petitioner, we are disposing of this petition on a short point.2. By this petition the petitioners seek quashing of the order of the Superintendent of Central Excise, Range Noida, dated 18-7-1985 challenging the said order that the petitioners are not liable to deposit any amount under the provisions of Rule 56A of the Rules for July, 1984 and further to refund the amount already deposited by the petitioners in pursuance of the said order.3. In fact the petitioners are claiming exemption at Nil rate of duty under Notification No. 119/66 dated 16-7-1966 as amended as per classification list approved for removal of copper wire rods converted/manufactured from copper wire bars. In view of the said fact the petitioners filed revised classification list on 2-7-1984 under protest for paying duty on copper wire rod and also claiming proforma credit...
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