Allahabad Court July 1996 Judgments
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Miss. Talat Fatima Hasan Vs. His Highness Nawab Syed Murtaza Ali Khan ...
Court: Allahabad
Decided on: Jul-31-1996
Reported in: AIR1997All122
1. This suit for partition of moveable and immoveable properties left by late Syed Raza Ali Khan, Nawab of Rampur, rendition of accounts of income, profits, usufructs andbenefits from the said property, and decree for pendente lite and future mesne profits, was filed by the plaintiff in the Court of District Judge, Rampur in the year 1972. As the proceedings in the suit could not make progress for over twenty years in the court of the District Judge, and thereafter Civil Judge, Rampur, the Hon'ble Inspecting Judge for Rampur Sessions Division, during the course of his inspection of the Judge-ship, directed the Registrar to place the matter before Hon'ble the Chief Justice to withdraw the suit for trial before the High Court. The Hon'ble the Chief Justice by his order dated 2-1-1995 assigned the suit to this bench for hearing and disposal.2. In short the pleadings of the plaintiff are, that late His Highness, Maj. Gen. Sir Syed Raza Ali Khan Sahib Bahadur hereinafter referred to as 'the...
Ganga Singh and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Jul-30-1996
Reported in: 1997CriLJ2279
N.S. Gupta, J.1. This criminal appeal arises out of the judgment and order dated 11-4-1980 passed by Sri B. N. Mohiley the then Additional District Sessions Judge, Moradabad, convicting the accused appellants under Sections 147, 452, 304, 149, 323/149 IPC and sentencing them to undergo R. I. for a period one year, 3 years, 5 years and one month each under the said counts.2. The prosecution story briefly stated is as follows :Accused appellants Ganga Singh, Toti Singh Sipattar Singh are real brothers. Similarly Babu and Yusuf are real brothers. Accused Ganga Singh is Thakur by caste. Accused appellants Babu, Yusuf and Wazahad Hussain are said to be the close associates of Ganga Singh. Complainant Nanhey P.W. I is barber by caste. Accused appellants and complainant Nanhey are all resident of village Majhawali P.S. Chandausi, District Moradabad.3. On 18-9-1978 in the early morning at about 6 a.m. the accused appellant Ganga Singh came to the house of complainant Nanhey and asked him to co...
State of U.P. Vs. Avinash
Court: Allahabad
Decided on: Jul-26-1996
Reported in: 1997CriLJ966
B.K. Sharma, J.1. Avinash accused was tried by Sri. S. K. Sexena, the then VIIth Addl. Sessions Judge, Meerut for the offence under Section 302, I.P.C. By his judgment and order dated 22-4-1980 at the trial the VIIth Addl. Sessions Judge, Meerut held him guilty only of the offence under Section 304, I.P.C. and accordingly convicted him of this offence and sentenced him to undergo R.I. for 10 years and also a fine of Rs. 10,000/- and in case of default to suffer further R.I. for a period of one year.2. Being aggrieved by the said judgment and order Avinash accused has preferred Criminal Appeal No. 915 of 1980 seeking his acquittal under Section 304, I.P.C. On the other hand the State Government preferred Government Appeal No. 1601 of 1980 praying for conviction and sentence of the accused for the offence under Section 302, I.P.C.3. Both appeals have been consolidated and heard together and both appeals are being disposed of by this common judgment. The original judgment shall be kept on...
Dr. Jag Mohan Lal Vs. U.P. Public Services, Tribunal No. 2 and ors.
Court: Allahabad
Decided on: Jul-24-1996
Reported in: (1998)IIILLJ1184All; (1996)4UPLBEC2596
N.B. Asthana, J.1. This petition under Article 226 of the Constitution of India has been filed for issuing a writ, order or direction in the nature of certiorari for quashing the order dated November 23, 1985 passed by Respondent No. 1 (Annexure 15 to the writ-petition) in so far it goes against the petitioner and for a writ of mandamus directing the respondents to pay to the petitioner his full pay and allowances from July 14, 1978 up-to-date, that the period of absence from duty w.e.f. July 14, 1978 to May 31, 1979 be regularised by grant of leave and that the period for which the petitioner remained out of service be counted while determining his seniority and also for all other purposes.2. The petitioner was appointed in the provincial Medical Service vide appointment letter No. November 21, 1959/3108 dated Lucknow 21/11/ 59/3108 dated December 16, 1979 in the scale of pay of Rs. 300-900 and was posted as Medical Officer, Rudrapur where he took charge on April 15, 1977. The appoint...
Tata Oil Mills Co. Ltd. and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-24-1996
Reported in: [1996(74)FLR2636]; (1997)ILLJ1207All; (1996)3UPLBEC2038
1. At the outset, this Court may place on the record that it has very carefully read and re-read the order dated February 25, 1994 by which while granting ad interim orders, the Bench made observations for the subsequent Bench to consider whether this may be a matter fit for admission. The Bench was kind enough to leave the matter open for the subsequent Bench considering this writ petition for admission whether there may be a possibility of this matter being referred to a larger Bench. It was left open for this Court to come to its conclusion that the matterneeds an examination by a larger Bench notwithstanding the recommendation of the earlier Bench in its order of February 25, 1994. 2. This Court has also seen the record of the writ petition very carefully and has also seen the decision of a Division Bench of the Allahabad High Court of their Lordships the Hon'ble S.D. Agarwala and Hon'ble Dr. R.R. Misra, JJ. in Messrs Bhatia Metal Containers Pvt. Ltd v. State of U.P. and Ors. (1990...
State of U.P. and anr. Vs. P.O., Industrial Tribunal (iii) and ors.
Court: Allahabad
Decided on: Jul-24-1996
Reported in: (1997)IILLJ517All; (1996)3UPLBEC1984
A.B. Srivastava, J. 1. This bunch of 18 writ petitions is a corollary to an industrial dispute, rasied by the Kanpur Prani Udyan Karmchari Sangh in respect of eighteen workmen, who are the respondent No. 3 in each of the eighteen writ petitions. Since these writ petitions raise common question of law and facts, and the awards of the Industrial Tribunal in each of these cases are similar, these have been heard together and are being disposed of by a common judgment. 2. The Kanpur Prani Udyan, for short Udyan, is an establishment of the Forest Department of the State of U.P. The Respondent No. 3 in each of these petitions are admittedly the employees of the Udyan, all of whom, except Respondent Jogender Gaur in writ petition No. 23373 of 1992 who is a Dakia, Rameshwar Prasad in Writ Petition No. 30531 of 1992, Lab. Assistant, Ram Naresh in Writ Petition No. 30580 of 1992, Bhagwan Das in Writ peti-tion No. 30532 of 1992, Mahesh in Writ petition No. 30533 of 1992, Shyam Bahu in Writ petiti...
Sobran Singh Vs. Prakash Chandra Gupta Son of Late Gaya Prasad Gupta
Court: Allahabad
Decided on: Jul-23-1996
Reported in: AIR1997All36
ORDER1. This is a revision under Section 25 of the Small Causes Court at Ihe instance of Ihe defendant-revisionist impugning the judgment and decree dated 26-4-1996 passed by the 3rd Addl. District Judge, Aligarh, holding the small causes powers in SCC Suit No. 9 of 1993.2. The suit was filed by the present opposite-party, Prakash Chandra Gupta, alleging that the defendant-revisionist,Sobran Singh, was a tenant under him in the suit premises and he had defaulted in payment of rent and was, thus, liable to be evicted. The notice demanding arrears of rent, terminating the tenancy and claim for the possession of the premises was served on the defendant. The demands were not fulfilled and the suit was filed.3. It was the case of the defendant that he was not in default in payment of rent. Rent was tendered to the landlord personal but it was not accepted. The rent was. thereafter, sent by money order. The same was also refused. Thereafter, the tenant made deposits in Court under Section 30...
Gokul Dairy Farm and ors. Vs. Canara Bank and anr.
Court: Allahabad
Decided on: Jul-23-1996
Reported in: [1999]96CompCas516(All)
S.K. Phaujdar, J.1. The revision under Section 115 of the Code of Civil Procedure, 1908, impugns an order dated February 19, 1996, recorded by the First Addl. District Judge, Agra, in Misc. Case No. 19 of 1995, between the parties. By the impugned order the learned court below had dismissed an application of the present revisionists under Section 151 of the Civil Procedure Code.2. A suit was filed by the respondent-bank against the present revisionists for realisation of a certain sum. The suit was heard ex parte and was decreed on January 1, 1992. An application under Order 9, Rule 13 of the Civil Procedure Code, 1908, was preferred by the present revisionists along with a prayer for condonation of delay. The parties were heard. In the ex parte decree the decretal amount was more than Rs. 5 lakhs. The decree holder (plaintiff) conceded to the prayers for setting aside the ex parte decree and for condonation of delay subject to deposit of half of the decretal amount within two months. ...
Surendra Sahai and ors. (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Jul-23-1996
Reported in: 1997CriLJ1670
S. Gupte, J.1. This is a criminal appeal against the judgment and order of conviction dated 19-5-1981 passed by Sri R. C. Agarwal, the then Special Judge, Deoria convicting the ac-cused'appellants Surendra Sahai, and Prabhu Nath under Section 161 IPC and Section 5 of the prevention of Corruption Act and Sri Kishan appellant under Section 165-A IPC and sentencing RI of one year each under each count.2. The prosecution story briefly stated is as follows :The accused appellants Surendra Sahai and Prabhu Nath were working as Reader and Peon respectively of the Court of Consolidation Officer, Kasia, District Deoria. On the instructions of the Superintendent of Police Vigilance Department Gorakhpur, Vigilance Inspector Chandra Shushan Tripathi PW-3 along with Ram Prasad Pathak PW-1 and constable Vijai Shankar PW-4 raided the Court of Consolidation Officer on 29-4-1977 at about 2 p.m. There they found the accused appellant Sri Kishan, who was a litigant LN/BO/A845/96/HVM/PNMgiving bribe of Rs...
Gopal Singh Vs. State of U.P
Court: Allahabad
Decided on: Jul-23-1996
Reported in: 1997CriLJ3006
ORDERN.S. Gupta, J.1. Accused appellant Gopal Singh, who was convicted by Sri B.L. Hajelay, the then Sessions Judge, Pithoragarh, under Section 304(1), I.P.C. and under Section 324, I.P.C. vide judgment and order dated April 5, 1980 and was sentenced to undergo R.I. for a period of five years under the first count and 18 months under the second count has come up in appeal before this Court.2. The prosecution story, briefly stated, is as follows :The deceased Vikram Singh, injured Mohan Singh P.W. 5 and complainant Naresh Singh P.W. 1 were all real brothers. They were resident of Village Karayat, patti Bisung, District Pithoragarh. The accused appellant Gopal Singh was Bahnoi of Vikarm Singh and others. P.W. 8 Smt. Sarswati Devi was wife of the accused, who was married to him about 2-3 years before the date of occurrence of this case. The prosecution claimed that there was an old enmity in between the family of the deceased and the accused. Smt. Sarswati Devi was married to the accused ...
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