Allahabad Court March 1995 Judgments
Malkhan Singh Vs. State of U.P.
Court: Allahabad
Decided on: Mar-31-1995
Reported in: 1996CriLJ90
S.C. Jain, J.1. Malkhan Singh (hereinafter referred as the appellant) has challenged the judgment and order passed by Addl. Sessions Judge, Agra on 25-5-83 whereby he was convicted Under Section 354, IPC and sentenced to undergo R.I. for two years.2. The entire case of the prosecution hinges upon the testimony of the prosecutrix Km. Guddi aged about 18 years. In the F.I.R. lodged by her on 29-12-81 she categorically stated that she was raped by Malkhan Singh in his house while his wife remained sitting outside the door of the house. In her statement Under Section 164, Cr.P.C. before the Magistrate, she also stated that Malkhan Singh called her inside the house, shut the door of his house and did sexual intercourse with her; without her consent and wishes and when she raised cries, her mouth was shut and when she opened the door and came out, the wife of Malkhan Singh allowed Malkhan Singh to run away. On her medical examination, the lady Doctor opined that her age was about 18 years, h...
Tag this Judgment!U.P. State Sugar Corporation Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-30-1995
Reported in: [1996(73)FLR1090]; (1996)IILLJ566All
B.M. Lal and S.N. Saxena, JJ.1. Heard Shri S.K. Mishra for the petitioner and Shri P.P. Srivastava for the respondent on the question of admission.2. This judgment shall also dispose of Writ Petition No. 22895 of 1987, 15060, 24959, 2496 land 24962 of 1989.3. By this petition, the impugned Notification dated July 16, 1982 (Annexure I) issued under Section 3(b) of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the Act) is challenged inter alia on the ground that the Notification is discriminatory in nature and violates the provisions of Articles 14 and 16 of the Constitution.4. The learned counsel submits that the provisions of the Notification providing employment to the heirs of the retired workmen are contrary not only to the provisions of the Standing Orders issued from time to time but also to the settled principles of the industrial jurisprudence.5. While going through the Notification and considering the provisions, it is clear that this Notification has been ...
Tag this Judgment!Naurangi Lal (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Mar-30-1995
Reported in: 1996CriLJ81
I.S. Mathur, J.1. The appellant Naurangi Lal, along with one Bhagwant, have been convicted under Sections 302/34 and 307/34, I.P.C, by judgment and order dated 15-10-1980 passed by IInd Additional Sessions Judge, Etah. The third accused, Pati Ram son of Bhagwant, was acquitted. The appellants were, however, acquitted for offence under Sections 323 34, I.P.C.2. Bhagwant filed a separate appeal, being Criminal. Appeal No. 2370 of 1980. It was stated by the learned counsel appearing for the appellant that Bhagwant has died. The report in this regard has been called from the C.J.M. Etah and, in the meanwhile, it was directed that the appeal of Bhagwant be delinked.3. The deceased Patiram, son of Liladhar, was the real brother of the complainant Mani Ram, Maharaj Singh is the son of the complainant. Accused Pati Ram and Naurangi Lal are real brothers and Bhagwant is their father. The accused abovenamed and the complainant and the deceased were residents of the same village Joga Mai Kalan. A...
Tag this Judgment!Shamshad Quraishi Vs. Zila Parishad, Mau Through Its Adhyaksh and Othe ...
Court: Allahabad
Decided on: Mar-28-1995
Reported in: AIR1996All8; (1995)2UPLBEC971
ORDERR. A. Sharma, J.1. A notice dated February 6, 1995, was published by Zila Parishad, Mau, notifying February 14, 1995 as date for holding auction for granting licence for collection of hides and bones of dead animals in Mohammadabad Gohana Block of district Mau. In the auction held on 14th February, 1995, the bid of the petitioner for a sum of Rs. 6,500/- being the highest was provisionally accepted and the petitioner in pursuance thereof deposited the bid money. However, the Chairman of the Zila Parishad did not approve it. Being aggrieved the petitioner has filed this writ petition.2. Respondents Nos. 1, 2 and 3 have put in appearance through Sri S. P. Singh, Advocate, and have filed their counter-affidavits, petitioner has filed rejoinder-affidavit in reply thereto. The respondents Nos. 4 and 5, who are represented by learned Standing Counsel,have not filed any counter-affidavit. We have heard learned counsel for the parties.3. In connection with grant of Theka for collection of...
Tag this Judgment!Committee of Management, Chaudhary Chotu Ram Post-graduate College, Mu ...
Court: Allahabad
Decided on: Mar-27-1995
Reported in: AIR1996All45; (1995)2UPLBEC790
ORDER1. In this petition, learned coun-sel for the caveat or Shri Sudhir Agarwal appeared and accepted notice on behalf of Ved Pal Singh. The caveator was directed to be impleaded as respondent No. 5 in the writ petition. Counter and rejoinder affidavits have been exchanged and the learned counsel for petitioners, learned standing counsel and learned counsel for the caveator have agreed that the petition be decided finally at this stage.2. Chaudhary Chotu Ram Post Graduate College, Muzaffarnagar (hereinafter referred to as the College) is affiliated to Chaudhary Charan Singh University, Meerut, State Government in exercise of powers under Section 58(1) of U.P. State University Act, 1973 (hereinafter referred to as the Act) served a show cause notice on the management of the College as to why authorised controller may not be appointed to manage the affairs of the college for the irregularities committed by the management as mentioned in the notice. The notice dated 3-2-1995 has been fil...
Tag this Judgment!Sheo NaraIn Son of Sri Jagjeet Vs. Addl. Commissioner, Jhansi Division ...
Court: Allahabad
Decided on: Mar-27-1995
Reported in: AIR1995All445
ORDER1. This writ petition has come up for admission. However, with the consent of learned counsel for the parties, the case is being disposed of finally, in accordance with Rules of the Court.2. By means of the present writ petition, the petitioners have challenged orders dated I5th April, 1988 passed by Additional Commissioner, Jhansi Division, Jhansi andJanuary 30. 1986 passed by Prescribed Authority, Banda.3. The facts, giving rise to the present petition, in brief, are that by order dated January 30, 1986, the Prescribed Authority declared 7.27 acres land of father of the petitioners Nos. 1 and 2 as 'surplus'. The aforesaid order was challenged in appeals on the plea that plot No. 252, having an area of 5.65, plot No. 412, area 10.18 are recorded in the names of petitioners Nos. I and 2, plot No. 254, area 5.44 is recorded in the name of petitioner No. 2 and plot No. 412, area 0.86 is owned by petitioner No. 3, which is self-acquisition. Petitioners Nos. I and 2 have been living s...
Tag this Judgment!Ram Jatan and ors. Vs. State
Court: Allahabad
Decided on: Mar-27-1995
Reported in: 1995CriLJ3904
S.C. Jain, J.1. In this appeal judgment and order dated 6-9-1979 passed by the VII Addl. Sessions Judge, Bulandshahr in Sessions Trial No. 83 of 1979 have been challenged by all the four appellants, namely, Ram Jatan, Shabbir, Islam and Jai Pal.2. All these four appellants were convicted under Sections 399/402, I.P.C. and SECTION 25, Arms Act and were sentenced to undergo rigorous imprisonment for five years under Section 399, I.P.C., three years under Section 402, I.P.C. and two years under Section 25, Arms Act. All the sentences were made to run concurrently.3. As per the prosecution version on 4-11-1978 at about 3.15 a.m. the Police Officers of Police Station Sikandarabad headed by Sri Nar Singh Pal Singh, the Station Officer, were on patrol duty and when they reached near Bumba of village Bilsuri a secret information was received that some persons of the gang of Charan Singh Gujar had assembled in the mosque of 0Chanderu with illegal arms and ammunitions and they would commit robbe...
Tag this Judgment!Deva Singh Gur Bux Singh Vs. Commissioner of Income-tax.
Court: Allahabad
Decided on: Mar-27-1995
Reported in: [1996]217ITR510(All)
This is a reference under section 256(2) of the Income-tax Act, 1961. The application was initially filed by learned counsel appearing for the assessee, Sri R. K. Gulati, who has now been elevated to the Bench.By order dated December 12, 1990, notice to engage another counsel was issued to the assessee. Despite that none appears for the assessee to press this reference.The following question was referred by the Tribunal :'Whether, on the facts and in the circumstances of the case, the Tribunal is debarred from holding an enquiry or admitting fresh evidence or material in an appeal against the ex parte assessment under section 144 of the Income-tax Act, 1961?'Rules 29, 30 and 31 of the Appellate Tribunal Rules (hereinafter referred to as 'the Rules'), are emphatic which provide for production of additional evidence before the Tribunal and mode of taking additional evidence, etc.This being so, it is not that the Tribunal is debarred from holding an enquiry or admitting fresh evidence or ...
Tag this Judgment!Shrimati Shayama Devi Vs. Smt. Premvati Wife of Lala and Others
Court: Allahabad
Decided on: Mar-24-1995
Reported in: AIR1996All57
1. This is a defendant's second appeal.2. The facts necessary for the decision of the appeal are as under:Smt. Premvati filed Civil Suit No. 20 cf 1971 against Smt. Shyama Devi and others praying for a relief of issuing permanent prohibitory injunction against the defendants restraining them from interfering in the possession of the property in suit.3. Plaintiff's case is that one Sri Banarasi Das was the proprietor of two houses as Houses Nos. 51 and 52, situate at Mohalla Saraogyan, Mainpuri within the limits of Municipal Board, Mainpuri. Aforesaid Banarsi Das had two sons, namely, Hori Lal and Gopal Das. After the death of Banarsi Das, the property in dispute, which bears Municipal No. 52, was inherited by bothGopal Das and Hori Lal, and by mutual partition, Hori Lal became owner of half share in House No. 52 and remaining half share went to Gopal Das. Hori Lal has made a gift of his share in favour of Smt. Premvati, his wife, on 7-12-1946. The gift was for half share in the propert...
Tag this Judgment!Sri Chhota Vs. Sri Nathu and Others
Court: Allahabad
Decided on: Mar-24-1995
Reported in: AIR1996All181
1. The present Second appeal has been instituted by the defendant-appellant.2. For adjudication of this appeal, the essential facts are as under. Nathu plaintiff filed, original suit No.. 24/69 in the Court of Civil Judge, Saharanpur against Chhota, Santa, Shyamlai and Smt. Ramo Devi. In the suit the prayer was for partition of ancestral property and for possession by metes and bounds after the declaration of share.3. Nathu plaintiff, Chhota, Sant Lal and Shyam Lal defendants are sons of Sadi and thus they are real brothers and Smt. Ramo Devi is the wife of Sadi. The ancestral property was described at the foot of the plaint.4. The defendant No. 1 Chhota filed written statement to the said suit. In the written statement the defendant alleged that defendant No. I had separated from his father 39-40 years ago, and by taking a separate tenanted house from Indrasen began to do his business separately from his father and began to reside separately from his brothers and the defendant by dint...
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