Allahabad Court April 1996 Judgments
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U.P. Seeds and Tarai Development Corporation Ltd. and Another Vs. M/S. ...
Court: Allahabad
Decided on: Apr-30-1996
Reported in: AIR1997All206
ORDER1. Aggrieved by the Order dt. 7th August, 1990 passed by the learned Civil Judge in Misc. Case No. 9/70 of 1990 arising out of an application under S. 11 read with S. 33 of the Arbitration Act, Writ Petition No. 862 of 1991 has been moved. By means of the said order, pending the disposal of the application under S. 11 of the Arbitration Act forremovat of the Arbitrator, slay was granted. In the aforesaid writ petition, by Order dt. 17th January, 1991, the operation of slay order was stayed. During the pendency of the said Writ Pentition no. 862 of 1991, by order dt. 3rd September 1993 the application under S. 11 of theArbitration Act which was registered as Misc. Case No. 25/70 of 1993 was rejected while observing that the petitioner may approach the High Court for stay. Against ihe said order, Writ Peti-tion No. 33784 of 1993 has been moved. 2. Learned counsel for the petitioner in Writ Petilion No. 33784 of 1993 and respondent in Writ Petition No. 862 of 1991 contends that the r...
Jwala Prasad Vs. State of U.P.
Court: Allahabad
Decided on: Apr-30-1996
Reported in: 1997CriLJ1103
B.K. Sharma, J. 1. This is an appeal against the judgment and order dated 28-1-1984 passed by Shri S. K. Jain, the then Sessions Judge, Lalitpur in Special Case No. 2 of 1982, State v. Jwala Prasad, whereby he convicted the accused-appellant of the offence under Section 161, I.P.C. and under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act and sentencing him to undergo R.I. for 18 months for the offence under Section 161, I.P.C. and to suffer R.I, for 18 months for the offence under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947. Both the sentences were made to run concurrently.2. Heard learned counsel for the accused-appellant and the learned Addl. Govt. Advocate.3. At the relevant time the accused-appellant was the Lekhpal of Village Rajpura and complainant Daula was Harijan and was a resident of the said village.4. The prosecution case was that the accused-appellant called several months before the date of the trap landless...
Dr. Ram Sukh Yadav Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Apr-26-1996
Reported in: (1997)1UPLBEC416
I.M. Quddusi, J.1. At the very out set it may be mentioned that this matter had already been heard once and on the mention of the learned Counsel for the parties it was re-heard.2. The present writ petition under Article 226 of the Constitution of India has been filed by Dr. Ram Sukh Yadav in which he prays for a writ in the nature of mandamus commanding the respondents to appoint him on the post of Alopathic Medical Officer in Provincial Medical and Health Service Cadre in pursuance of the advertisement published on 21st December, 1991 by the Public Service Commission, Uttar Pradesh, respondent No. 2 and interview held on 10-8-1993.3. The undisputed facts of the case are that applications were invited by respondent No. 2 from the eligible qualified candidates through an advertisement dated 21st December, 1991 for the recruitment on 2044 posts of the Medical Officers (male) in the P. M. H. S. Cadre of Uttar Pradesh, Qualifications which were prescribed under the aforesaid advertisement...
Sheo Dularey Vs. State
Court: Allahabad
Decided on: Apr-26-1996
Reported in: 1997CriLJ269
J.C. Gupta, J.1. By the judgment and order dated 29-2-80 passed by Shri R.M.R. Khanna the then 1st Addl. Sessions Judge. Unnao, appellant Sheo Dularey has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life for committing the murder of Smt. Prem Kumari, sister-in-law of the appellant., on 31 -7-78, at about 6.00 p. m. at the door of the house of the deceased situate in village Dandamau under Police Station Bighapur, district Unnao. Appellant has- further been convicted under Section 326, I.P.C. and sentenced to undergo rigorous imprisonment for 4 years for causing injuries to another sister-in-law Smt. Raj Kumari by axe on the same date, time and place. Both the sentences have been ordered to run concurrently. Through this appeal the appellant has challenged his conviction and sentence.2. Briefly stated the prosecution story was that the appellant Sheo Dularey has 4 brothers. The eldest brother used to live with his in-laws in village Karam....
Arvi Components (P) Limited Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Apr-24-1996
Reported in: 1997(90)ELT299(All)
B.M. Lal, J.1. This petition is taken up in revised list. Sri Ashok Kumar, learned Counsel appears for petitioner. None appears for the respondents, though copy of the petition along with annextxres has already been served on, learned Senior Standing Counsel for the Union of India.2. By this petition the petitioner seeks an order, direction or writ in the nature of certiorari quashing the impugned order dated 19-4-1996 passed by the Assistant Commissioner, Central Excise, Division II, Ghaziabad, the Respondent No. 4, whereby proceedings for recovery of central excise dues have been initiated against the petitioner. Petitioner further seeks an order, direction or writ in the nature of mandamus commanding the Respondent No. 2 to decide stay/waiver application filed by the petitioner along with appeal.3. In short, the relevant facts leading to this petition are as under :4. The petitioner is a Private Limited Co. registered as SSI Unit in the Directorate of Industries, Uttar Pradesh. Sinc...
Barkaunoo and anr. Etc. Vs. State of U.P.
Court: Allahabad
Decided on: Apr-23-1996
Reported in: 1997CriLJ262
J.C. Gupta, J. 1. As both these appeals arise out of a common judgment dated 10-9-79 passed by the then VII Additional Sessions Judge, Hardoi, they are being disposed of together by this judgment.2. Appellants Barikhnnoo, Mahendra and Dayaloo alias Daya Shankar have been convicted and sentenced to undergo R.I. for two years under Section 148 I.P.C. and to Imprisonment for Life under Section 302/149 I.P.C., while Piyarcylal and Ram Narain have been convicted and sentenced to undergo R.I. for one year under Section 147 I.P.C. and to Imprisonment for Life under Section 302/149 I.P.C. All the sentences of each appellant have been ordered to run concurrently.3. The prosecution story, in brief, is that in village Sandila situate within the area of police station Tandiyawan, District Hardoi, there were two rival groups. One was headed by appellant Piyareylal and the other by one Rain Shankar. Cross Cases under Sections 107/117 Cr. P.C. were pending between these parties. Deceased Subedar was ...
U.P. State Cement Corporation Ltd. Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Apr-22-1996
Reported in: 1997(89)ELT678(All)
K.L. Sharma, J.1. Heard Mr. Dilip Gupta learned counsel for the petitioner and Mr. Shishir Kumar learned Standing counsel for the respondents. 2. In view of the fact that nine Writ Petition Nos. 1785/93, 1786/93, 1787/93,1788/93, 1789/93, 1790/93, 1791/93, 915/95 & 916/95 have already been heard and decided by this Court involving the same questions of law and fact, counsel on both sides have agreed that this writ petition may also be heard and decided at the admission stage.3. The petitioner being a U.P. State Cement Corporation (Public Limited Company), carries on the business of manufacture of cement at three factory sites Balla, Churk and Chinar. The important component of cement is cement clinker which is produced at the factories of Balla and Churk. The petitioner transports cement clinker from Balla and Churk to Chunar. In the process of transfer, losses of cement clinker occurred on account of handling and truck loading or wagon loading at intermediate stations also, during a d...
Administrator General, Uttar Pradesh, Allahabad Vs. Late Dharamvir Ali ...
Court: Allahabad
Decided on: Apr-18-1996
Reported in: AIR1997All158
ORDER1. By means of this petition filed under Section 9 of the Administrator General Act, the Administrators General, Uttar Pradesh has sought Letters of Administration in respect to the estate of one late Dharambir alias Mohd. Haroon.2. It has been stated in the petition that Dharambir alias Mohd. Haroon died at Mainpuri on 27-9-1994. The deceased who was a bachelor and did not leave him surviving any son, daughter or any other next of kin to succeed his estate. However, certain persons mentioned in paragraph No. 5 of the petition have filed Case No. 107 of 1994 in the Court of the District Judge. Mainpuri for grant of Success ion Certificate claiming rights on the basis of a Will allegedly executed by late Dharambir in their favour. As the said persons were not the next of kins, under Section 7 of the Administrators General Act it is the Administrator General alone who is entitled to grant of Letters of Administration. It was conse-quenlty prayed that the Letters of Administration be...
Gopi and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Apr-18-1996
Reported in: 1997(1)ALT(Cri)22; 1997CriLJ260
R.N. Ray, J. 1. This appeal has been preferred by the convicted appellants against the judgment of conviction and order of sentence passed by Sri. M. M. Saran, learned Sessions Judge, Lalitpur, in Session Trial No. 38/79 Under Section 302/34 I.P.C. which arose out of Crime No. 119 dated 27-4-78 of police station Kotwali district Lalitpur.2. The prosecution case is that on 27-4-78 at about 2.00 p.m. at village Azadpura a quarrel took place between the mother of Dal Chand and the wife of accused Gopi regarding one Balti. The witnesses Gore Lal and others separated the two persons. After 15-20 minutes the deceased Keshri came there after taking bath and objected to Gopi, who was still abusing. Gopi came out of his Khalihan and caught hold of the hands of deceased Keshri and commanded Lakkhi to assault Keshri. At this Lakkhi gave a lathi blow on the head of Keshri. Keshri fell down on the ground. The witnesses intervened. Gopi and Lakkhi went away. The deceased Keshri was taken on a cart t...
Ranveer Singh Alias Rana Vs. State of U.P.
Court: Allahabad
Decided on: Apr-18-1996
Reported in: 1997CriLJ2266
O.P. Jain, J.1. Appellant Ranveer Singh alias Rana was convicted and sentenced under Section 307 and 332 IPC in S.T. No. 204/75 by Vlth Addl. Sessions Judge, Kanpur. A sentence of three years R.I. under Section 307 IPC and one year R.I. under Section 332 IPC has been awarded.2. The prosecution case in brief is that on 31 -8-74 at 10-20 AM a case under Section 392 IPC was registered against Rana Sikh at police station Cantonment. The investigation was entrusted to S.I. Sagir Ahmed who started from police station Cantt at 10.45 AM along with S.I. Jahangir Khan and S. I. Lalman. When they reached outpost Chakeri they took Rameshwar Singh Head-Constable, Ram Gopal Head constable and some other police personnel. After visiting the place where offence under Section 392 IPC had taken place they received information that accused Ranveer alias Rana who was involved in the offence under Section 392 IPC was at the shop of Autar Singh near Khalsa Inter College. On this information the police party...
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