Allahabad Court February 1995 Judgments
Balbir Vs. State of U.P.
Court: Allahabad
Decided on: Feb-28-1995
Reported in: 1995CriLJ3906
S.N. Saxena, J.1. This criminal appeal is directed against the judgment and order dated 13-11-1979 of Shri O.N. Asthana, the then learned III Additional Sessions Judge, Mainpuri in Sessions Trial No. 322 of 1979. He convicted appellant Balbir under Section 302, I.P.C. and sentenced him to undergo life imprisonment for the same.2. The occurrence, which gave rise to this case, had taken place on 5-4-1979 at 10.00 a.m. in the house of informant Gajju in village Chhabilia within Police Station, Alao of district Mainpuri. The deceased Smt. Lalli was the daughter of informant Gajju and her marriage with the appellant had taken place about three years prior to her murder. Appellant Balbir was a resident of village Sandera within Police Station, Aligarh of district Etah. Smt. Lalli visited the place of her husband four or five times after her marriage, but' she was treated in a cruel manner by the appellant who even used to beat her. Informant Gajju, therefore, about two and a half months prio...
Tag this Judgment!Arvind Kumar Verma Vs. Smt. Suman
Court: Allahabad
Decided on: Feb-24-1995
Reported in: I(1996)DMC331
N.B. Asthana, J.1. The Opposite Party filed an application under Section 125 Cr.P.C. before the Principal Judge, Family Court, Kanpur Nagar which was registered as Misc. Case No. 571 of 1993 claiming maintenance allowance at the rate of Rs. 500/- per month stating herself to be legally wedded wife of the revisionist and alleging that she remaind with the revisionist from 19.11.91 the date of marriage to 21.7.92 on which date she was given a beating by the revisionist and his parents and was turned out of the house as her father was unable to satisfy their dowry demands. She was pregnant at that time by seven months. The child, subsequently born, died. It was further said that in order to save himself from giving the maintenance the revisionist had filed a suit for divorce with false allegations, It was also alleged that the revisionist is working with Lohia Machines and was earning Rs. 2,500/- per month. The revisionist did not dispute her marriage with the Opposite Party. He denied th...
Tag this Judgment!Sanjeev Shukla, Kanpur Vs. Institute of Chartered Accountants of India ...
Court: Allahabad
Decided on: Feb-22-1995
Reported in: AIR1995All368; (1995)2UPLBEC999
ORDER1. Being dissatisfied with the declaration of his result of final examination of May 1993 of the Institute of Chartered Accountants of India (in short 'Institute') the petitioner has filed this petition. The Institute has declared petitioner to have failed in Group I of said examination, the examination being held in papers which are divided into two groups. The reliefs sought by writ petition are for quashing the petitioner's result declaring him to have failed in Group I and to issue writ, order of direction in the nature of mandamus requiring the institute to declare him to have cleared the final examination.2. The facts necessary for determining present controversy are that Central Government enacted The Chartered Accountants Act, 1949 (in short 'Act') for regulating the profession of Chartered Accountants and to establish an Institute of Chartered Accountants. The Act constituted an Institute of Chartered Accountants and every member of Institute is known as chartered account...
Tag this Judgment!Rajpal Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-22-1995
Reported in: [1995(70)FLR1141]; (1996)IIILLJ756All
1. Heard the counsel for the petitioner and Standing Counsel appearing for respondent No. 1, 2 and 4. Respondent No. 3 is represented by Sri Shashi Nandan. Although notice was served on February 22, 1995, but none has appeared on behalf of respondent No. 3. We dispose of this petition by setting aside the order contained in Annexure-II of the writ petition whereby the reference of the dispute to the lower court has been refused.2. Now the principle settled by the Supreme Court in the case of Toloc Convoy Drivers Mazdoor Sangh v. State of Bihar that, 'In considering the question of making a reference under Section 10(1) of the Industrial Disputes Act, 1947, the Government is entitled to form an opinion as to whether an industrial dispute 'exists or is apprehended'. The formation of opinion as to whether an industrial dispute 'exists or is apprehended is not the thing as to adjudication of the dispute itself on its merit. While exercising power under Section 10 of the Act, the function o...
Tag this Judgment!Smt. Asha Sharma Vs. Judge and anr. Family Courts
Court: Allahabad
Decided on: Feb-22-1995
Reported in: II(1995)DMC67
Sudhir Narain, J.1. This revision is directed against the order dated 4.1.1995 passed by the Judge, Family Court, Meerut. The facts in brief are that the opposite party No. 2, filed a petition for divorce under Section 13 of the Hindu Marriage Act (hereinafter referred to as 'the Act'), against the applicant, on 2.11.1992. The applicant filed an application under Section 24 of the Act, claiming maintenance and litigation expenses. The said application was allowed by the Judge Family Court, Meerut, on 9th July, 1993, directing the opposite party No. 2 to pay Rs. 500/- per month towards maintenance and Rs. 1200/- as litigation expenses.2. Subsequently, the applicant filed an application (17-D), stating that the opposite party No. 2 has not paid the amount as directed by the Court on 9th July, 1993 and he may be directed to pay the said amount. On 22.11.1994 the Court passed an order staying the further proceedings and directing the opposite party to file reply to the application filed by...
Tag this Judgment!Lal Diwan Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Feb-22-1995
Reported in: 1995CriLJ3899
S.K. Jain, J.1. Arjun, son of Ram Ratan, aged. about 17 years, Lal Diwan, aged about 25 years, Ram Ratan,. aged 40 years and Shyam Sunder, aged 40 years, sons of Pancham, residents of village Bamhauri, P. S. Ata, District Jalaun were charged and tried by the learned Sessions Judge, Oral under various sections of I.P.C. Arjun accused was convicted under Section 302, I.P.C. whereas Lal Diwan, Ram Ratan and Shyam Sunder were convicted under Section 302 read with Section 34, I.P.C. vide judgment of conviction dated 24th July, 1980. Each one of them was sentenced to life imprisonment vide order of the same date. 2. Feeling aggrieved against their conviction and sentence, Arjun convict has filed; Criminal Appeal No. 1732 of 1980 whereas the contvicts Lal Diwan, Ram Ratan and Shyam Sunder have preferred Criminal Appeal No. 1606 of 1980. Since both the appeals have arisen out of the same occurrence and one judgment of conviction and order of sentence dated 24-7-1980, they are being disposed of...
Tag this Judgment!Habibulla and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Feb-21-1995
Reported in: 1995CriLJ3484
S.K. Jain, J.1. This criminal appeal is directed against the judgment of conviction and order of sentence both dated 24-1-1980 vide which the appellants were convicted and sentenced as under by Sri S.S. Gupta, IV Addl. District & Sessions Judge, Varanasi :---------------------------------------------------------------------Name of the Conviction SentenceAppellants.--------------------------------------------------------------------1. Habibulla 1. Under Section Life sentence2. Niyamat 302 read with each.3. Yunus 149 IPC (each)4. Rashid 2. Under Section Six months'5. Samad 147 IPC (each) R.I. each.6. Chhedi 7. Shamsuddin 3. Under Section Six months'8. Sadruddin 323/149 IPC R.I. each.(each)9. Ekram (i) U/s 302 IPC Life Imprisonment.(ii) U/s 323/149 One year's R.I.IPC -------------------------------------------------------------------- 2. Following pedegree tables will be beneficial in understanding the facts of this case : PEDEGREE TABLE NO. 1 Adam |---------------------------------------...
Tag this Judgment!Allen Bradely India Ltd. Vs. Collector of Central Excise
Court: Allahabad
Decided on: Feb-21-1995
Reported in: 1995(79)ELT196(All)
ORDERA.P. Misra, J.1. Heard learned counsel for the petitioner and Shri H.S.N. Tripathi appearing for the respondents who has filed his appearance on behalf of the respondents.2. In view of the fact and circumstances of this case this writ petition is disposed of finally as also agreed by the counsel for the parties at the stage of admission.3. Petitioner's case is that even though his appeal before the appellate authority is pending, yet on the basis of demand, the respondent-authorities have initiated recovery proceedings, hence he has filed the present writ petition. The present writ petition is directed as against the order of Superintendent, Central Excise, Range III, dated 1-2-1995 directing petitioner to deposit the amount mentioned in Annexure-1 to the writ petition. Earlier, the Assistant Collector, Central Excise passed the Adjudication Order on 26-4-1994. According to the petitioner by means of the said order the said authority decided some of the points in favour of the pet...
Tag this Judgment!Vishwakarma Corpn. Vs. Cce
Court: Allahabad
Decided on: Feb-21-1995
Reported in: 1995(60)LC619(Allahabad)
A.P. Misra, J.1. Rejoinder affidavit filed today.2. The present reference application is under Section 35G(3) of the Central Excises and Salt Act.3. We have heard learned Counsel for the petitioner as well as Sri S. Farman Ahmad Naqvi, learned Standing Counsel.4. The applicant seeks reference of the following questions to this Court for adjudication:1. 'Whether the Hon'ble Tribunal was correct to uphold the order of the Additional Collector, Kanpur, which was based on a corrigendum which (corrigendum) has sought to cure the show cause which was without jurisdiction.2. Whether mere grant of opportunity of personal hearing and observing of the principles of natural justice can validate the proceedings which were without jurisdiction.3. Can the Department be allowed to plug the loopholes in a statutory document, i.e., show cause notice was furnished by the applicant. The Hon'ble Tribunal in the order under reference has upheld this action of the Department.4. Whether the Hon'ble Tribunal ...
Tag this Judgment!Kamlesh Nishad Vs. District Officer/District Magistrate, Hamirpur and ...
Court: Allahabad
Decided on: Feb-17-1995
Reported in: AIR1995All374
ORDEROm Prakash, J.1. The short question for consideration in this writ petition is whether impugned notice dated 17-10-1994 (Annexure '6' to the writ petition) inviting applications for granting lease in respect of the areas as mentioned therein, is valid. 2. The facts, briefly, stated are that the U.P. Minor Minerals (Concession) Rules, 1963 (the Rules, for short) were amended by the U.P. Minor Mineral (Concession) 20th Amendment Rules. 1994 inserting Rule 9A giving preference to socially and educationally backward classes of citizens in granting lease for excavation of sand and morum from the river beds. After the aforesaid 20th Amendment in the Rules in respect of which notification was issued on 27-8-1994, a G.O. dated 22-9-1994 (Annexure '3' to the petition) was issued to all the District Magistrates by the Government directing them to grant lease onwards only under the amended rules. Thereafter, District Magistrate, Hamirpur, respondsent No. I issued a notice dated 24-9-1994 (An...
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