Allahabad Court May 1995 Judgments
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Shakti Industries Vs. Suresh Chandra Sharma and ors.
Court: Allahabad
Decided on: May-08-1995
Reported in: [1995(71)FLR956]; (1996)IIILLJ770All
R.B. Mehrotra, J.1. Sri Ramjit Singh son of Sri Ram Chandra resident of Ahirhada. P.S. Harduaganj. Aligarh who figures as respondent No. 3 in this Writ Petition filed the case under Section 22 of Workmen's Compensation Act, before the Workmen's Compensation Commissioner. In the said case Sri Ramjit Singh who will be referred to as respondent No. 3 for sake of convenience, alleged that on July 28. 1984 he was employed as worker in the Shakti Industries. Ramghat Road, Harduaganj. (the petitioner factory). During the course of employment in the factory, his right hand got amputated as a result of the hand getting enmeshed in the machine. The respondent No. 3 also alleged that he was working on the pay Rs. 300/- per month with the Shakti Industries, for the compensation for respondent No. 3 laid a claim of Rs. 25,200/- before Workmen's Compensation Commissioner/ Additional District Magistrate (City), Aligarh Tribunal.2. Shakti Industries contested the above case by filing written statement...
Mehandi Hasan Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: May-08-1995
Reported in: 1996CriLJ687
I.S. Mathur, J.1. Arbitrariness in State action, in consideration and disposal of matters relating to premature release under Section 2 of the U. P. Prisoners Release on Probation Act, 1938, hereinafter referred to as Probation Act, and the rules, continues unabated. Neither the clear provision of the Act and the rules nor numerous judgments of Hon'ble Supreme Court and of this Court, authoritatively interpreting these provisions and categorically laying down the guidelines seem to pursuade. far less to compel, the authorities to act in accordance with law. The categorically directions of Hon'ble Supreme Court and of this Court that the reports of the concerned authorities, the Probation Officer, Superintendent of Police, District Magistrate and the Board as also the order passed by the State Government, must be based on reasons continue to be violated. Perhaps, these authorities are under a misunderstanding that the law laid down by Hon'ble Supreme Court or by this Court is binding on...
Jay Ess Engineers (P) Ltd. Vs. Union of India (Uoi)
Court: Allahabad
Decided on: May-08-1995
Reported in: 1995(79)ELT193(All)
ORDER1. Petitioners are engaged in the manufacture of Acid slurry, for which Sulphuric acid 70% concentrated, a raw-material, which was purchased by the petitioners having taken the benefit under Modvat Scheme.2. The petitioners were allowed full benefit under Modvat scheme, on sulphuric acid. Thereafter, the impugned show cause notice dated 29-10-1991, Annexure-A6 to the writ petition, was served on the petitioner calling upon the petitioners to show cause why excess benefit availed under the Modvat scheme, be not recovered from it.3. The contention of learned counsel for the petitioners is that once the entire sulphuric acid, in respect of which benefit under Modvat scheme was taken, is put to use in the manufacturing process then no part of benefit can be recovered from the petitioners, notwithstanding some quantity of sulphuric acid in diluted form remained unconsumed in the manufacturing process. It is said that once the entire sulphuric acid was put to use for manufacturing proce...
Om Prakash Pandey Vs. Vice Chancellor, Kashi Vidyapeeth, Varanasi and ...
Court: Allahabad
Decided on: May-05-1995
Reported in: AIR1995All429; (1995)2UPLBEC1240
ORDER1. The petitioner claims a relief for quashing of the order dated 29-4-1995 rejecting the nomination paper of the petitioner by which he has been deprived of participating in the election of the students Union of Kashi Vidyapeeth, Varanasi. There are two orders on the record, Annexure 5 to the writ petition, of the same date. The order annexed at page 15 of the paper book speaks that on 27-4-1995 there had been an incident within the premises of Kashi Vidyapeeth in which illegal and unlawful assembly was formed and slogans were raised by the students and the petitioner was the leader of the mob and the mob led by the petitioner had interfered in the University authorities in conducting their normal working and the university property was also damaged. Theauthorities and officials of the University and police were assaulted and injured. They were also threatened by the group led by the petitioner. In the University premises there were arson, blasting of bombs and stone pelting. Ind...
Committee of Management, Lakhauri Inter College and Another Vs. Deputy ...
Court: Allahabad
Decided on: May-05-1995
Reported in: AIR1995All434; (1995)2UPLBEC784
ORDER1. This writ petition is directed against the order dated 20-3-1995 passed by the Deputy Director of Education by which the order of the District Inspector of Schools recognising Sri Andaman Singh as Manager of the Committee of Management of the institution was set aside and a direction was issued for appointment of Sri Ram Raksh Pal Sharma, Director Nehru Yuva Kendra, Moradabad as authorised controller, who was directed to hold the election of the committee of management according to para 8 of the Scheme of Administration. The authorised controller was to exercise of powers of the Committee of management.2. Lakhauri Inter College, Lakhauri, district Moradabad is a recognised Intermediate College governed under the provisions of the U.P. Intermediate Education Act, 1921. The institution is to function according to the provisions of the U.P. Intermediate Education Act, 1921, hereinafter referred to as 'the Act' and the Scheme of Administration through the committee of management. T...
Ajanta Glass Works and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-04-1995
Reported in: [1995(71)FLR356]; (1996)IIILLJ797All
P.K. Mukherjee, J.1. Having heard Sri B.B. Paul, learned Counsel for the petitioner and Ms. Suman Srivastava, learned Counsel for the workmen. I am of the view that since this petition is of 1988 origin, it should be finally disposed of at the admission stage, in accordance with Rules of the Court. Learned counsel for the parties are agreed for final disposal of the case.2. Government of Uttar Pradesh referred a dispute, under Section 4-K of the U.P. Industrial Disputes Act. 1947, to the Industrial Tribunal (4).. Agra to decide as to whether action of the employers in retrenching their workmen with effect from November 10, 1965 is valid, if not to what relief the workmen are entitled to with particulars thereof.3. Learned Counsel for the workmen contended that all pleas taken by the employer before Industrial Tribunal. Agra were considered, and rejected. The impugned award given by the Tribunal is well reasoned and needs no interference.4. On the other hand, Sri B.B. Paul, learned Coun...
Mumtaz Ali Khan (Deceased by Lrs) Vs. the Collector, Rampur, U.P. and ...
Court: Allahabad
Decided on: May-03-1995
Reported in: AIR1996All71
1. This is an appeal which arises out of judgment dt/-20-ll-73 passed by the learned District Judge, Rampur in Land Acquisition Case No. 24/71, Mumtaz Ali Khan v. Collector, Rampur.2. The claimants were Ex Zamindars. The land in question was in possession of occupancy tenants (Only landlord claimants have preferred reference under S. 18 of the Land Acquisition Act as well as this appeal and not the tenants). The total acquisition was 3.30 acres land the notification under S. 4 of the Land Acquisition Act was issued on 19-3-62. The possession was taken on 21-1-65. The Special Land Acquisition Officer (SLAO) gave his award on 22-3-70. The land in question was agricultural land on the date of notification under S. 4 aforesaid. But the SIAO took into consideration the potential value of the land as it could be used for building purposes too. He accordingly valued the land 1.75 paisa per square yard. As the land was actually in possession of the occupancy tenants, the share of compensation ...
Shahnaaz Parveen and anr. Vs. State of U.P.
Court: Allahabad
Decided on: May-03-1995
Reported in: II(1995)DMC668
N.B. Asthana, J.1. The revisionists filed an application under Section 125 Cr.P.C. against the Opp. Party No. 2, which was registered as case No. 322 of 1990 and was allowed on 15.3.1992 by Addl. Principal Judge, Family Court, Kanpur Nagar. The revisionist No. 1 was granted maintenance allowance at the rate of Rs. 350/- per month while revisionist No. 2, her daughter, was granted maintenance allowance at the rate of Rs. 150/- per month w.e.f. 4.5.1990. The Opp. Party No. 2 had contested this application.2. The Opp. Party No. 2 then filed an application under Section 126(2) Cr.P.C. stating that some imposter was made to stand as Opp. Party No. 2 and his statement was recorded. He did not appear in those proceedings. He had divorced the revisionist No. 1 on 3.12.1989 and, therefore, the order of maintenance granted on 16.3.1992 is liable to be set aside. Objection was filed by the revisionist No. 1 to this application. This application was rejected holding that the contention of the Opp....
Surendra Kumar Vs. State
Court: Allahabad
Decided on: May-03-1995
Reported in: 1996CriLJ94
ORDERC.A. Rahim, J.1. This revision has been preferred against the judgment dated 22-9-1982 passed by the learned 1st Additional Sessions Judge, Aligarh in Criminal Appeal No. 125 of 1981 affirming the judgment of the learned III Additional Judicial Magistrate, Aligarh dated 13-4-1981 in case No. 668 of 1979. By that judgment the learned Magistrate convicted the revisionist under Section 304-A, I.P.C. and sentenced him to suffer R.I. for six months and to pay a fine of Rs. 500/ - in default to suffer R.I. for two months.2. The sole consideration is whether the statement of the accused made under Section 313, Cr.P.C. can be used against him. In this case the accused has stated that the child ran across the road and came under the tractor and he could not avoid the accident. In all four prosecution witnesses including the mother of the victim boy aged 6 years were examined. All of them have been declared hostile. Both the courts below relied on the evidence of PW 2 Smt. Kamla Devi, the m...
Harendra and ors. Vs. Naipal Singh and anr.
Court: Allahabad
Decided on: May-03-1995
Reported in: 1996CriLJ91
ORDERC.A. Rahim, J.1. This revision has been preferred against the judgment and order dated 22-9-1982 passed by the IV Additional Sessions Judge, Meerut, in Criminal Revision No. 386 of 1981. By that order he set aside the order dated 22-10-1981 passed by Sri Bishambhar Dayal, Special Judicial Magistrate, Meerut in case No. 1 of 1981 under Section 342, I.P.C.2. The prosecution case is that on 12-12-1980 Rajpal Singh son of Kartar Singh, brother of the complainant had gone to village Iswar to deposit his school fees. One Harendra accused of this case took Rajpal to village Daurala for showing some feature film but he was taken to village Mansoorpur in district Muzaffarnagar. The other two accused persons, with one unknown man, joined there. They took Rajpal to the Railway station and offered tea and the boy became unconscious after taking tea. He was taken to Hardwar in that condition and confined in a house there. Their intention was to sell the boy. He was kept there till 24-12-1980 w...
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