Allahabad Court March 1995 Judgments
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Gulab Pati Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Mar-23-1995
Reported in: II(1995)DMC315
C.A. Rahim, J.1. This revision arises out of order dated 11.4.1986 passed by the learned IV Additional Sessions Judge, Basti in Revision No. 255 of 1985 passed by the learned Special Judicial Magistrate (Economic Offences) 1st Court, Basti in Misc. Case No. 14 of 1981.2. The revisionist case, in short, is that she was married to the respondent No. 2, who was an employee of Air Force 17-18 years ago and on 11.12.1970 she gave birth to a female child, namely, Shashi Bala. The allegation is that the respondent No. 2 in collusion with his father wanted to contact another marriage started torturing and harassing the revisionist. In the first week of January, 1981 father of the respondent No. 2 assaulted her badly and thrown her out of the house threatening with dire consequences. The revisionist had to go to her father's house with her daughter, wrote several letters to the respondent No. 2 requesting him to take her back or offer subsistance allowance for their maintenance and education to...
Munna Vs. State of U.P.
Court: Allahabad
Decided on: Mar-23-1995
Reported in: 1996CriLJ65
ORDERK.L. Sharma, J.1. This is an application under Section 482, Cr.P.C. for a direction to the Special Judge, (Dacoity Affected Area) at Agra to frame charges afresh and hold the trial de novo in Sessions Trial No. 449 of 1980 State v. Laxmi, under Sections 396, 148, 149, 436, 324, 149, 323/ 149, I.P.C., P. S. Chatta, district-Agra pending in the Court of Special Judge Dacoity Affected Area. Agra.2. I have heard Sri Vinod Kumar Sharma counsel for the applicant as well as learned A.G.A. and perused the material brought on record.3. The offences mentioned in the sessions trial of the year 1980 had occurred prior to the commencement of the Special Act known as Uttar Pradesh Dacoity Affected Areas Act 1983 (hereinafter referred to as the Dacoity Act). The Magistrate had taken cognisance of the offence on the police charge sheet and had committed the accused to the Court of Session in the year 1980 to stand their trial. The sessions trial was assigned to the III Additional Sessions Judge, ...
Ram Sewak Vs. Subhash Chandra Misra
Court: Allahabad
Decided on: Mar-21-1995
Reported in: AIR1996All257
1. The present civil appeal has been filed by the defendant appellant.2. The essential facts for adjudication of this appeal are as under.Subhash Chandra Misra plaintiff filed Civil Suit No. 483/79 against Ram Sewak defendant before Munsif Kannauj and in that suit grayed for the relief that the defendant be directed to file the Stamp for (partition for his specific share in case No. 25/73 decided on 17-9-1973 before Sub-Divisional Officer Kannauj, and get his name recorded over his share in revenue papers under the supervision of the Court and execute the sale deed in favour of plaintiff; register the same, failing which the Court should get the sale deed executed through its agency and in case it is not deemed proper to get sale executed order for refund of Rs. 3000/- from defendant as earnest money and Rs. 1000/- as demages from defendant to plaintiff.3. The defendant contested the suit.The trial Court framed issues on the pleadings of the parties out of which reference to the follow...
Prem Pal Singh Vs. Avnish Kumar Singh and Others
Court: Allahabad
Decided on: Mar-21-1995
Reported in: AIR1995All411
ORDER1. By means of instant application No. A11 dated 12th/29th July, 1994, under Section 86(1) of the Representation of the People Act, 1951, hereinafter called the Act, the contesting respondent No, 1 urges the Court to inflict upon the petitioner extreme penalty of dismissal of his election petition for the alleged non-compliance of the mandatory provisions contained in Section 81(3) of the Act.2. On 28th November, 1993, the respon-dent No. 1 was declared elected as Member of the Uttar Pradesh Legislative Assembly from Dataganj Assembly constitutency No. 47 in the district of Budaun.3. The petitioner, one of the condidates who lost the election, has filed the present election petition calling in question the election of the respondent No. I under Section 81 read with Section 80 of the Act on the following two grounds:--'(A) Because the result of the election of the respondent No. 1 has been materially affected by non-compiiance and contravention of the provisions of Representation o...
Employees State Insurance Corporation Vs. Tilak Dhari
Court: Allahabad
Decided on: Mar-21-1995
Reported in: [1995(71)FLR296]; (1996)ILLJ243All
D.S. Sinha, J. 1. Heard Sri B. N Asthana, learned Senior Advocate appearing for the appellant and Sri A. K. Sachan, learned counsel appearing for the contesting respondent, at length and in detail. 2. These appeals under Section 82 of the Employees' State Insurance Act, 1948, hereinafter called the Act, are directed against orders and judgments of the Addl. City Magistrate II, Kanpur constituted as Employees' Insurance Court under the Act. 3. The appellant contends that the impugned orders and judgments are void as on the dates of passing of the impugned orders and judgments the Addl. City Magistrate II, Kanpur had ceased to be the Employees' Insurance Court and in his place the Civil Judge, Kanpur had been constituted as the Employees' Insurance Court under the Act with effect from May 17, 1988, the date of notification under Section 74(1) of the Act. 4. Submission on behalf of the respondent is that the Addl. City Magistrate II, Kanpur was the Employees' Insurance Court under the Act...
Punjab National Bank Vs. Central Government Industrial Tribunal-cum-la ...
Court: Allahabad
Decided on: Mar-21-1995
Reported in: (1996)ILLJ480All
ORDERParitosh K. Mukherjee, J. 1. In the instant writ petition, during the pendency of the petition before this court, the workman, namely, Ram Sewak Dubey, respondent No. 3 died on November 24, 1993. Deceased Ram Sewak Dubey had retired as Daftari from Punjab National Bank. An application for substitution was moved by legal heirs and representatives of the deceased workman, which was allowed by Hon'ble Mr. P.N. Nag, J. on the ground that the workman was duly represented by Sri Sanjay Misra, who had accepted notice on behalf of heirs and legal representatives of deceased Ram Sewak Dubey.2. Sri K.N.Tripathi, learned counsel for the petitioner and Sri Sanjay Misra, learned counsel for the heirs and legal representatives of deceased workman are present.3. The petitioner challenges the award passed by Central Government Industrial Tribunal-cum-Labour Court, Kanpur.4. The Central Government had referred the following dispute for adjudication to the Tribunal;'Whether the action of the manage...
Hari Prakash Gupta Son of Shri Ram Sewak Vs. Zila Panchayat (Zila Pari ...
Court: Allahabad
Decided on: Mar-20-1995
Reported in: AIR1995All447
ORDERR.A. Sharma, J.1. Petitioner was granted a licence for holding a cattle market in village Pachokhara by Zala Panchayat Jalaun at Orai, for the period from 3-9-1994 to 31-3-1995. This licence is said to have been renewed for the year 1995-96. I or village Ait, licence for holding cattle market for 1994-95 was granted by Zila Panchaxat to the Gaon Sabha. For another village Birsani licence for holding cattle market was granted to two persons for the year 1994-95. Petitioner has filed this writ petition for writ of mandamus restraining the respondents horn renewing the licences for the year 1995-96 for holding cattle market in village Ait and Birsani. His grievance, as put through his learned counsel, is two fold, viz. (i) renewal of licences for holding cattle market in neighbouring villages will adversely affect his business; and (ii) licences cannot be renewed without considering his representation. These contentions are devoid of merit.2. U. P. Kshetriya Sarnities and Zila Parish...
S. Subramanium and ors. Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Mar-15-1995
Reported in: 1996CriLJ929
ORDERK.L. Sharma, J.1. This is an application under Section 482, Cr. P.C. for quashing the summoning order as well as the criminal proceeding in complaint case No. 3435 of 1993 under Sections 447, 120B, I.P.C. between Ajay Kumar Varma v. Subramaniam and Ors. pending before the Additional Chief Judicial Magistrate, Kasia, Deoria.2. I have heard Sri S. N. Varma, Senior Advocate and the learned counsel for the applicant, Sri Virendra Singh, learned counsel for the opposite party No. 2 as well as learned A.G.A. and perused the material brought on record.3. Since counter and rejoinder affidavits have been exchanged between the parties, the following admitted facts emerged from the pleadings:The opposite party No. 2 is the owner and landlord of the building situate on plot Nos. 2214/ 2 and 2215 of village Kasiya, Tappa Nanpur, Pargana Sidhua Jobna, Tehsil Padrauna, district Deoria. He let out the aforesaid premises for opening the branch of Central Bank of India (hereinafter referred to as b...
Kailash Chand Agrawal Vs. State of U.P.
Court: Allahabad
Decided on: Mar-15-1995
Reported in: 1996CriLJ927
ORDERK.L. Sharma, J.1. This is a petition under Section 482, Cr.P.C. for quashing the order dated 22-4-1994 passed by VI Additional Sessions Judge, Aligarh in Criminal Revision No. 42 of 1994, Ram Kishan v. State.2. I have heard Sri I. M. Khan counsel for applicant as well as learned A.G.A. and perused the material brought on record.3. The applicant filed a complaint case against the opposite party Nos. 2 to 5 under Sections 342, 323, 504, 506, 348, I.P.C. before the C.J.M. Aligarh and examined himself and his two witnesses Ashok Kumar P.W. 1 and Rakesh Kumar P.W. 2 under Section 202, Cr.P.C. The learned C.J.M. was pleased to find a prima facie case and summoned the opposite party Nos. 2 to 5 by his order dated 29-10-1993. They filed a Criminal Revision No. 42 of 1994 before the Sessions Judge, Aligarh which was heard and decided by the VI Additional Sessions Judge Aligarh who was pleased to allow the revision and set aside the summoning order dated 29-10-1993 and discharged the revisi...
Mohd. Habibur Rahman Faizi and ors. Vs. State and ors.
Court: Allahabad
Decided on: Mar-15-1995
Reported in: 1996CriLJ74
ORDERK.L. Sharma, J.1. This is an application under Section 482, Cr. P.C. for quashing the proceedings of a complaint case No. 352 of 1991, Mushtaq Ahmad v. Molvi Habibur Rahman and Ors. pending in the Court of Chief Judicial Magistrate, Mau under Sections 406, 402, 420, 467 and 468, I.P.C. and for quashing the summoning order dated 8-4-1991 under Section 406 and 409, I.P.C.2. I have heard Sri R.H. Zaidi learned counsel for the applicants, Sri A.N. Singh and Sri R.C. Padia counsel for the opposite party No. 2 and the learned A.G. A. for the State and perused the material brought on record.3. Since the counter affidavit and rejoinder affidavit have been exchanged between the parties, the following admitted facts emerge from the affidavits.4. There is a minority educational institution known as Madrasa Faiz-e-Am at Maunath Bhajan in the district of Mau which imparts Arabic and Persian education to the students belonging to the minority community. The Madrasa receives grant-in-aid from th...
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