Allahabad Court March 1995 Judgments
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Yakoob Farid Bhai Vs. Union of India (Uoi) Through the Secretary to Go ...
Court: Allahabad
Decided on: Mar-15-1995
Reported in: 1996CriLJ1615
K.C. Bhargave, J.1. This petition for habeas corpus has been preferred for release of the petitioner who has been detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act).2. The facts of the case are that at present the petitioner is detained in Central Jail Agra under the provisions of the Act. He was arrested from his house at Ahmedabad on 30-10-1994 under the detention order dated 29-9-1994 issued under Section 3(1) of the Act. His detention was confirmed by order dated 26-12-1994 for a period of one year from 30-10-1994. Copies of these orders are annexures 1 and 2 to the writ petition respectively. One Rafiq son of Ismail Bhai, resident of Panch Pipri, Sutharwadi, Jamalpur, Ahmedabad had organised a tour of passengers from Ahmedabad to Kathmandu, Nepal for visiting all historical places on the way. The fare was fixed Rs. 1500/-per passenger. Fifty two passengers, including the petitioner and his broth...
State of U.P. Vs. Nawab Singh
Court: Allahabad
Decided on: Mar-14-1995
Reported in: 1996CriLJ934
Kundan Singh, J1. This appeal is directed against the judgment and order dated 18-12-1978. passed by Sri R. P. Jain, the then Sessions Judge, Etawah, whereby he has acquitted the accused-respondent of the charge under Section 302, IPC in Session Trial No. A-184 of 1978.2. Briefly stated, the prosecution case is that deceased Sunder Singh was resident of village Ashanandpur, Police Station Basrehar, district Etawah. Accused-respondent is the son of the maternal uncle of Sunder Singh. Amar Singh, aged about 19 or 20 years, is son of Sunder Singh. Prior to the present incident he had passed High School and he wanted to prosecute his studies further to which his father Sunder Singh was not agreeable. On that account there was a quarrel between Amar Singh on one hand and his father Sunder Singh on the other. In frustration Amar Singh had left the house of Sunder Singh about 6 months prior 'to the incident and started living with Nawab Singh in village Mugaria within Police Station Sahail, d...
Smt. Munni Devi and Others Vs. Regional Transport Authority and Anothe ...
Court: Allahabad
Decided on: Mar-13-1995
Reported in: AIR1995All330
ORDERR.A. Sharma, J. 1. Regional Transport Authority, Meerut (herein after referred to as the R.T.A.), vide its resolution dated 26-9-1994, fixed the limit of 35 for grant ofstage carriage permits on Mawana-Phala-wade-Khatauli-Nawala-Mansoorpur Gao-Mansoorpur-Munnaurpur-Sindhawali-Koo-kara-Muzaffarnagar route (herein after referred as the route) and granted permits to all the applicants with the condition that only 35 permits will be issued to the grantees on the basis of 'first come first serve'. By the same resolution another condition of placing not more than ten years old vehicle under the permit was also imposed. Petitioners, who applied for and were granted permits by the R.T.A. by the aforesaid resolution, being aggrieved by the above condition, have filed this writ petition.2. On 14-12-1994 this Court while grant-ing to the learned standing counsel for filing counter-affidavit, passed the following order in this writ petition :'By this writ petition the petitioners have challen...
Shamim Haider and Another Vs. Regional Transport Authority, Meerut and ...
Court: Allahabad
Decided on: Mar-13-1995
Reported in: AIR1995All385
ORDERD.K. Seth, J.1. The petitioner case in the writ petition, inter alia, was that the route Muzaffarnagar Mawana-via Kukra Singha-wali Mansoorpur Nawia Khatauli Falawade, is about 52 Kms. The petitioners along with several others had applied for grant of permit for stage carriages on the said route Muzaffarnagar Mawana via Kukra Singawali Mansoorpur, village Mansoorpur, Nawala Khatauli Falawada.2. Such application of the petitioners along with others were considered by the Regional Transport Authority (herein after-referred to as R.T.A.) in its meeting held on 26-9-1994. The R.T.A. granted permits to all the applications, who had applied till 26-9-1994. Since the petitioner has also applied within 26-9-1994, they were also intimated about the grant of Permits in their favour and were asked by letter dated 10-10-1994 to left their permits within fifteen days. It was contended by the petitioners that before granting permits, the strength of the route was fixed as 35 buses on the basis ...
Rampal and anr. (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Mar-13-1995
Reported in: 1995CriLJ3896
S.K. Phaujdar, J.1. The present appeal is directed against an order dated 8-9-1979 by the VIIIth Additional Sessions Judge, Meerut, in S.T. No. 107 of 1978. By the said order, the learned Sessions Judge had convicted the two appellants under Section 395, IPC and sentenced each of them to undergo R.I. for 7 years. They were on bail during trial and both the appellants were granted bail after the filing of the present appeal. Both of them, however, failed to appear on 14-11-1994 when the Case was fixed and taken up for hearing and their counsel also did not appear. Accordingly, this court cancelled the bail bond of both the appellants. This Court also directed issuance of warrants of arrest against them. In pursuance to the said warrants of arrest appellant Rampal was apprehended and he has been in custody since then. When the appeal was heard, Salim had not complied with the court's order nor was he apprehended. Accordingly, judgment was reserved with a direction that Salim should in th...
Nishan Singh Vs. State of U.P.
Court: Allahabad
Decided on: Mar-13-1995
Reported in: 1995CriLJ3893
S.K. Phaujdar, J.1. The present appeal is directed against the judgment and order dated 12-8-1994 passed by the IIIrd Additional Sessions Judge, Bijnor, in Special S.T. No. 2 of 1993. By the impugned order, the learned trial court found the appellants guilty under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hence forth to be described as the Act. The Appellant was sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 1,00,000/- and, in default thereof, to a further period of simple imprisonment for three years.2. According to the prosecution story, Sri Bhagwan Sharma, S.O. Rehar, District Bijnor, along with other police officials had come out on a round on 11-10-1992. On the way another police Sub-Inspector met them with his team and the two groups were discussing about informations concerning terrorists when they saw a person coming from the side of Pilidam. He had a bag with him and on seeing the police, he clasped closed to his person. The polic...
Chandravir and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-09-1995
Reported in: 1996CriLJ99
S.C. Jain, J.1. The facts giving rise to this writ petition are that on the basis of first information report lodged against the petitioners a case was registered being case crime No. 190 of 1994 under Sections 147, 148, 149, 307 and 302, I.P.C. at Police Station Fatehpur Sikri Sub-District Kirawali District Agra. In the said first information report all the four petitioners, namely, Chandraveer, Raghunath, Gupal and Ramesh, were named as asssailants who were armed with deadly weapons and caused death of Harveer and also caused injuries to other persons. The investigation of the case was taken by local police but later on the investigation was transferred to CBCID on 4-8-1994 by order of the Government. The investigation of the case continued with the CBCID till 9-9-1994 and on that date the State Government cancelled its earlier order dated 4-8-1994 and again transferred the investigation to the local police.2. In this writ petition the order dated 9-9-1994 re-transferring the investi...
Mazhar Ali Khan Vs. Chief Judicial Magistrate, Fatehpur and Others
Court: Allahabad
Decided on: Mar-08-1995
Reported in: AIR1996All16
ORDERR.A. Sharma, J.1. On 23-2-1995 the petitioner's passenger bus was seized by Station House Officer, police station Kotwali, Fatehpur. The petitioner thereafter moved an application for release of his vehicle before the Regional Transport Officer, Allahabad. This application has been rejected on 28-2-1995 on the ground that as the vehicle has been seized by the police Official, he has no power under sub-section (2) of Section 207 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) to release the vehiclepetitioner also moved an application before the Chief Judicial Magistrate for release of vehicle but his prayer has also been rejected by the Chief Judicial Magistrate on 28-2-1995 on the ground that he has no power under sub-section (2) of Section 207 of the Act to pass any order of release. Being aggrieved, the petitioner has filed this writ petition.2. We have heard the learned counsel for the petitioner and the learned Standing Counsel.3. Under sub-section (1) of ...
Daulat Ram Gupta Vs. State of Uttar Pradesh and Others
Court: Allahabad
Decided on: Mar-07-1995
Reported in: AIR1996All30
ORDERR.A. Sharma, J.1. Petitioner was a retail dealer under U. P. High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order 1981 (hereinafter referred to as the Control Order). Vide order dated 4-2-1988 the respondent No. 2 cancelled petitioner's licence on the ground that he is carrying on the business within a radius of five kms. of regular diesel retail out let of a company in violation of Government Order dated 10-9-1987 which has been approved by Hon'ble Supreme Court. Being aggrieved, the petitioner has filed this writ petition challenging both direction No. 1 of the Government Order dated 10-9-1987 and the order dated 4-2-1988. While entertaining the writ petition this Court granted interim order staying the operation of the impugned orders.2. State has filed counter affidavit in reply to the writ petition. We have heard learned counsel for the petitioner and learned standing counsel for respondents.3. The Control Order under which the petitione...
Madan Sen Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-07-1995
Reported in: II(1995)DMC5
N.B. Asthana, J.1. This revision has been directed against the order dated 8.5.91 passed by the Chief Judicial Magistrate, Mirzapur in Criminal Case No. 1430 of 1991 summoning the revisionist for the offence punishable under Section 498A I.P.C. and Section 3/4 Dowry Prohibition Act. A preliminary point was raised as to whether the revision is maintainable.2. In Kailash Chaudhari and Ors. v. State of U.P. and Anr., 1994 All. L.J. 174 it was held that an order issuing process on exparte consideration of the complaint and the material under Section 204 of the Code being only a step towards trial is an interlocutory order against which no revision lies in view of the bar created under Section 397(2) Cr.P.C. Reliance on behalf of the revisionist has been placed upon Ram Pratap Singh and Ors. v. State of U.P., 1991 J.I.C. 333 in which it was held that summoning order passed under Section 204 Cr.P.C. is revisable.3. In Smt. Swaran Anand and Ors. v. Chief Judicial Magistrate, 1977(14) A.C.C. 6...
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