Allahabad Court January 1995 Judgments
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U.P. Co-operative Spinning Mills Federation Ltd. Vs. Pukh Raj Mantri
Court: Allahabad
Decided on: Jan-11-1995
Reported in: [1995(70)FLR841]; (1995)IILLJ1101All; (1995)1UPLBEC442
1. The controversy here is with regard to the validity of the withdrawal of resignation from service and the consequences thereof.2. To give the relevant factual background, on October 13, 1982, Pukh Raj Mantri was appointed Manager (Cotton). This appointment was permanent in nature, but it provided for one year's probation. He thereafter took up this appointment, but on July 30, 1983, he tendered his resignation, which was accepted by the Managing Director by his letter of August 3, 1983, wherein it was said that the resignation would be effective from the date when he (Pukh Raj Mantri) is relieved of his post. It was further added that he would be relieved as soon as suitable arrangements are made in his place. Just three days later, however, that is, on August 6, 1983, Pukh Raj Mantri withdrew his resignation. The appellant Federation, however, disregarded the withdrawal of his resignation and proceeded to advertise the post in the newspapers of August 21, 1983. The respondent was e...
Prem and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Jan-11-1995
Reported in: 1995CriLJ3888
S.C. Jain, J.1. Both these appeals have been preferred by the appellants against one and the same judgment and order dated 28-2-1980 passed by IInd Addl. District and Sessions Judge, Allahabad in Sessions Trial No. 81 of 1979, whereby the appellant, Prem, was convicted under Sections 302 and 307, I.P.C. and was sentenced to life imprisonment under Section 302, I.P.C. and ten years' rigorous imprisonment under Section 307, I.P.C. while the appellant, Kallu was convicted under Section 301, I.P.C. punishable under Section 302, I.P.C. and also under Section 307, I.P.C. and was sentenced to life imprisonment under Section 302, I.P.C. and ten years' rigorous imprisonment under Section 307, I.P.C., as such we propose to dispose of these two appeals by a common judgment.2. The facts giving rise to these appeals are that on 28-5-1973 at about 9.45 p.m. near the betel shop of Hari Lal in Mohalla Fatehpur Bichwa Police Station, Colonelganj, Allahabad, deceased, Munir Ahmad, was present. Hari Lal ...
Everest Plastics Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Jan-11-1995
Reported in: 1995(79)ELT21(All)
ORDERK.L. Sharma, J.1. This is a writ petition under Article 226 of Constitution of India directed against the impugned order dated 3-11-1994 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi whereby the petitioners - appellants have been directed to deposit in cash a sum of Rs. 15,000/- within 3 months and the disputed amount of duty of Rs. 3,83,612/- within 3 months in Excise Appeal No. 2009/94- NRB. Therefore, the petitioners prayed for the issue of a writ of certiorari against the said order and for issue of a writ of mandamus commanding respondent not to realise any amount from the petitioners in pursuance of the order dated 14-7-1993 passed by the Collector Central Excise, Meerut.2. I have heard Sri L.P. Nathani, Senior Advocate for the petitioners and Sri Siddharath Singh standing counsel for Central Government and perused the material brought on record.3. It has been submitted on behalf of the petitioners that the learned appellate Tribunal has not ...
M/S. Miracle Sugar Factory, Village and Post Bhandsar and Another Vs. ...
Court: Allahabad
Decided on: Jan-11-1995
Reported in: AIR1995All231
ORDER1. This writ petition has been filed against the impugned orders dated 6-9-1994 and 14-11-1994 Annexures 5 and 7 to the writ petition.2. I have heard Sri S. U. Khan, learned counsel for the petitioners and learned Standing Counsel.3. In this case on 21-11-1994 this Court granted Standing Counsel two weeks to filecounter-affidavif but no counter-affidavit has been filed so far. In the circumstances I treat the allegations made in the writ petition to be correct and dispose of the writ petition finally.4. The petitioners applied for grant of licence for starting a khandsari unit for the year 1993-94 but the same was rejected on the ground that the proposed unit is at a distance less than 25 kms. from Bareilly Sugar Mill which is run by the U.P. State Sugar Corporation. Against this order, the petitioners filed an appeal which was rejected on 1-8-1994 and against this order the petitioners had filed Civil Misc. Writ Petn. No. 26716 of 1994. Thereafter they again applied for licence f...
Furkan Ahmad Vs. Sayed Ahmed Raza and Others
Court: Allahabad
Decided on: Jan-10-1995
Reported in: AIR1995All337
ORDER1. Heard Sri Pradeep Kumar, learned counsel appearing for the applicant and Sri Sharad Sharma, holding brief of Sri H.N. Sharma, learned counsel representing the plaintiff-opposite party No. 1.2. This revision, under Section 115 of the Civil P.C., 1908, hereinafter called the Code, read with Section 25 of the Provincial Small Cause Courts Act, 1887, as amended by the State of U.P. is directed against the order D/- 1st Jan., 1991 passed by the District & Sessions Judge, Etawah, exercising power of the Judge Small Causes in Small Cause Case No. 7 of 1989 between Saiyed Raza and Ansar Ahmad and others, whereby the prayer of the applicant for being impleaded as defendant in the suit has been rejected.3. The plaintiff-opposite party No. 1 has instituted a suit against the defendant-opposite parties Nos. 2 and 3 their ejectment from the disputed house. The suit is founded on the alleged contract of tenancy. The applicant moved an application for being impleaded as defendant claiming tha...
Associated Switch Gears Pvt. Ltd. Vs. Cegat
Court: Allahabad
Decided on: Jan-10-1995
Reported in: 1995LC447(Allahabad); 1995(79)ELT20(All)
ORDERK.L. Sharma, J.1. This is a writ petition under Article 226 of Constitution of India against the condition of pre-deposit of Rs. 7 lacs as adjudged amount of Excise duty and penalty imposed by the Customs, Central Excise and Gold (Control) Appellate Tribunal, New Delhi while disposing of the stay-waiver application filed by the petitioner in the Second Appeal filed before the aforesaid Tribunal.2. I have heard Sri A.P. Mathur, learned counsel for petitioner as well as, Sri H.N. Singh, learned Standing counsel for the respondents and perused the material brought on record.3. It has been contended on behalf of the petitioner that the point of extended limitation which was raised in the stay/waiver application was not at all considered and decided by the learned Tribunal, and an unjust and harsh condition of pre-deposit of Rs. 7 lacs by way of Excise duty and penalty has been imposed but the petitioner is not in a position to deposit this huge amount of cash and the learned Tribunal ...
Raj Kumar and Others Vs. Deputy Director of Consolidation, District Az ...
Court: Allahabad
Decided on: Jan-09-1995
Reported in: AIR1995All380
ORDER1. The petitioners pray to quash different orders passed by the Consolidation authorities.The Facts :--2. The relevant facts for the purpose of disposal of this writ petition are in narrow compass :-- There appears to be a dispute between the petitioners and Respondents 4and 5 concerning right, title, interest and possession over plot Nos. 1281/1 and 1287/2 of village Dhadha Chanwar in the District of Azamgarh (which both sides state that now it is part of the District Mau). The petitioners filed a suit for ejectment of Respondent Nos. 4 and 5 from the lands in question which was decreed by the trial Court, but the decree for ejectment could not be executed by the petitioners because 'of an order of stay passed under Order 41, Rule 5 of the Code of Civil Procedure by the Appellate Court. The Revi-sional Authority rejected the claim of the petitioners on the grounds, inter alia that since the petitioners could not execute the decree their claim is not tenable.The Submissions :--3. ...
Om Prakash and ors. Vs. State
Court: Allahabad
Decided on: Jan-09-1995
Reported in: 1995CriLJ3508
G.S.N. Tripathi, J.1. The then VIIIth Addl. Sessions Judge, Bulandshahar vide his judgment and order dated 4-9-1979 passed in S.T. No. 9/79, State v. Om Prakash and two others convicted the accused Om Prakash, Madan and Kanchhi on a charge under Section 452, I.P.C. read with Section 34,I.P.C. and sentenced them to undergo 2/2 years' R.I. and also pay a fine of Rs. 60/-. On failure to pay fine, two months' additional R.I. was awarded. These accused were further convicted under Section 324,I.P.C. read with Section 34, I.P.C. and sentenced to undergo 1 1/2 years' R.I. Both the sentences were ordered to run concurrently. All the accused were acquitted on the charge under Section 307, I.P.C. read with Section 34, I.P.C. only accused have preferred this appeal and not the State against the order of acquittal under Section 307/34, I.P.C.2. The prosecution story started on the basis of F.I.R. lodged by P.W. 4 Charan Singh on 25-8-1976 at about 1 a.m. after negotiating a distance of 1 mile. The...
U.P. State Road Trans. Corpn. and anr. Vs. Tara Devi and ors.
Court: Allahabad
Decided on: Jan-09-1995
Reported in: 1995ACJ1220
S.C. Mohapatra and V.P. Goel, JJ.1. This is an appeal by the owner under Section 110-D of Motor Vehicles Act, 1939.2. On 22.9.1986 deceased was travelling in a bus belonging to the appellant. On the way the bus hit a cart carrying long poles. One of the poles pierced into the bus and caused injuries to the deceased to which he succumbed. On this account attributing negligence in driving of the bus, widow of the deceased and his major sons have filed an application claiming compensation of Rs. 4,00,0007-.3. Owner contested the application where it asserted that there was no negligence in driving of the bus and accordingly, it would not be liable to pay compensation.4. The Tribunal on consideration of materials on the record held that driver of the bus was negligent in driving which resulted in the accident causing fatal injury to the deceased. It held that deceased was having a monthly income of Rs. 2,000/- at the time of his death and from out of it spending Rs. 500/- for himself, he w...
Sanjeeve Kumar and Another Vs. Election Officer
Court: Allahabad
Decided on: Jan-06-1995
Reported in: AIR1995All135; (1995)1UPLBEC309
ORDERR. A. Sharma, J.1. The two questions, namely, (i) whether the constituencies for weaker section for the purpose of election to the Committee of Management of a Cooperative Society should be reserved before the issue of notice under sub-rule (2) of Rule 441 of the U.P. Co-operative Societies Rules (hereinafter referred to as the Rules) notifying the election programme or is it open to the authorities to reserve the constituencies after the election programme has been announced; and (ii) whether it is open to the authorities to reserve the same constituencies for weaker section, which were reserved in the last election, have been raised in these petitions.2. First question referred to above is involved in all these writ petitions, whereas the second question is involved only in two Writ Petitions Nos. 37886 of 1994 and 37398 of 1994. With the consent of the learned counsel for the parties Writ Petition No. -376886 of 1994 has been made the leading case, the fact of which will be nar...
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