Allahabad Court February 1995 Judgments
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Om Pratap Singh Vs. State
Court: Allahabad
Decided on: Feb-03-1995
Reported in: 1995CriLJ3887
ORDERO.P. Pradhan, J.1. This revision by a convict is directed against the judgment and order dated 27-9-1983, passed by IV Additional Sessions Judge, Rae Bareli, dismissing the Criminal Appeal No. 136 of 1983 and confirming the order of conviction and sentence, passed by Judicial Magistrate, Rae Bareli under Sections 279 and 304A of the Indian Penal Code.2. Briefly speaking, the facts giving rise to this revision are that a little before sunset on 13-1-1980, the victim Krishna Kumar was going on his cycle on the road between Rabpura bridge and Sabzigaon within the Circle of Police-Station Khiron, district Rae Bareli. A Roadways bus bearing No. UTD 7071, driven by the revisionist Om Pratap Singh came from behind and hit Krishna Kumar, causing his death on the spot. The written-report of this incident was lodged by Nand Kumar (brother of the victim) at P. S. Khiron at 9.30 a.m. on the next day, i.e. 14-1-1980. The investigation followed and the revisionist was put on trial in connection...
Pooja Abhushan Kendra Vs. Asstt. Commissioner of Income Tax and ors.
Court: Allahabad
Decided on: Feb-03-1995
Reported in: 1995(61)LC192(Allahabad)
A.P. Misra, J.1. The learned Counsel for the petitioner is permitted to implead the Commissioner (Appeal) Income Tax, Allahabad as respondent No. 3 Jo the writ petition.2. Heard learned Counsel for the petitioner and also Shri Rajesh Kumar Agarwal, learned Counsel appearing for the respondents revenue.3. The petitioner seeks quashing of the assessment order dated 31st March, 1994 (Annexure-7 to the writ petition) and further directing the respondent authority not to proceed to recover the amount assessed in pursuance of the assessment order dated 31.3.1994. The petitioner raised a number oi grounds which are not necessary to advert to as the impugned order passed is appealable and in fact the petitioner has preferred an appeal which is pending for disposal before the Appellate Authority. According to the averments of the petitioner an appeal has been filed along with the stay application which is still pending disposal and the said stay application has not yet been disposed of. As per ...
M/S. NaraIn Agricultural Corporation and Others Vs. Allahabad Bank
Court: Allahabad
Decided on: Feb-01-1995
Reported in: AIR1995All225
ORDER1. This revision is directed against the order passed by Sri Jagdishwar Singh, Civil Judge, Azamgarh on 10-11-1993 by which an application under Sections 148, 149 and 151, C.P.C. was allowed and the suit which was dismissed under Order 7, Rule 11, C.P.C. on 1-7-1992 was restored.2. There is not much dispute about the facts. The respondent-Bank filed a suit for the recovery of Rs. 30,37,564/- against the present revisionist. The suit was filed on 22-12-1990 and time was sought for payment of court-fee which was granted. On 12-4-1991the Bank purchased court-fee stamps worth Rupees 2,30,300/- from the Treasury and handed over the same to its counsel Sri Shyam Sunder Tripathi. Sri S. S. Tripathi filed court-fee stamps worth Rs. 3,000/- on 1st Aug., 1991, stamps worth Rs. 5,000/- on 3-12-1991 and stamps worth Rs.5,000/- on 27-2-1992. The remaining court-fee was not paid by Sri S. S. Tripathi, Advocate for the Bank and, therefore, the Court rejected the plaint under Order 7, Rule 11, C....
Dr. Vinod NaraIn Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-01-1995
Reported in: 1996CriLJ1309
ORDER1. For the reasons recorded separately this Full Bench unanimously holds that in exercise of powers under Article 226 of the Constitution, while issuing direction and command to the Magistrate or the Court of Sessions as the case may be, to consider the bail application; time Schedule for concluding bail proceedings cannot be fixed. Consequently, decision rendered in Dr. Hidavat Hussain Khan v. State of U.P., (1992 Crl. LJ 3534) is overruled and the decision rendere.d in Writ Petition No. 919 of 1992, Noor Mohammad v. State of U.P. and Ors. is upheld.2. Accordingly, all the three writ petitions are disposed of with the direction that if the petitioners are arrested and brought before the competent Court or voluntarily surrender before the competent Court, and apply for bail, their bail applications will be decided by the competent Court as expediously as possible in accordance with law.B.M. Lal, J.(2A) Following question is to be answered by this Full Bench :'Whether while rejecti...
Meena Misra and anr. Vs. First Additional District Judge and ors.
Court: Allahabad
Decided on: Feb-01-1995
Reported in: 1995ACJ1053
S.R. Singh, J.1. All the aforesaid three appeals stem from the judgment and order dated 31.1.1979 delivered by 1st Addl. District Judge, Jaunpur, in Motor Accident Claim Petition No. 3 of 1976 having its origin in accident occurred on 9.5.1976 out of the use of motor vehicle No. UTO 49.2. The victim of the accident, namely, Dr. Subhash Misra, was a doctor who had passed his M.B.B.S. examination and was undergoing internship at S.S.L. College, Varanasi and was being paid a stipend of Rs. 350/- per month at the time of accident. He was about 30 years of age at the time of accident. The widow of the deceased, Meena Misra, and the mother, Naurangi Devi, claimed compensation quantified at Rs. 2,00,000/- on the premise that the deceased Dr. Subhash Misra had suffered death because of serious injuries sustained by him in the accident which came about due to goof-up in the bus management. The claim petition was contested by the owner of the vehicle, Raj Kumar Gupta, the appellant in F.A.F.O. N...
Meena Mishra and anr. Vs. Ist Addl. District Judge and ors.
Court: Allahabad
Decided on: Feb-01-1995
Reported in: II(1995)ACC237
S.R. Singh, J.1. All the aforesaid three appeals stem from the judgment and order dated 31.1.1979 delivered by Ist Addl. District Judge, Jaunpur in Motor Accident Claims Petition No. 3 of 1976 having its origin in accident occurred on 9.5.1976 out of the use of Motor Vehicle No. U.T.O.49. The victim of the accident namely, Dr. Subhash Misra, was a Doctor who had passed out his M.B.B.S. course and was undergoing internship at S.S.L. College Varanasi arid was being paid a stipend of Rs. 350/- per month at the time of accident. He was about 30 years of age at the time of accident. The widow of deceased Smt. Meena Misra and the mother Smt. Naurangi Devi claimed compensation quantified at Rs. 2 lacs on the premise that the deceased Dr. Subhash Misra had suffered death because of serious injuries sustained by him in the accident which came about due to goof-up in the bus management. The claim petition was contested by the owner of the vehicle Raj Kumar Gupta, the appellant in F.A.F.O. No. 72...
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