Allahabad Court January 1997 Judgments
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Mohd. YasIn Vs. State of U.P.
Court: Allahabad
Decided on: Jan-17-1997
Reported in: 1997CriLJ3188
C.R. Rahim, J.1. This appeal has been preferred against the conviction and sentence dated 5-6-1980 passed by learned I Additional Sessions Judge, Nainital in Sessions Trial No: 293 of 1979.2. The accused-appellant went to the medical store of Jagdish Kumar Agarwal P.W. 3 to purchase medicines. After purchasing one tube he made over one fifty rupees currency note (Ext. 1) to the shopkeeper. The said Jagdish Kumar suspected as regards the genuineness of the said note and he went to the neighbouring shop M/s. Tula Rani Raja Ram and showed it to one Ganeshji of that shop who also confirmed that it was a counterfeit note. Crowd assembled there and thereafter a constable arrived. The accused was found standing there and he was arrested. A case under Sections 420/467, I.P.C. was started and during investigation the case having been established, according to the prosecution, charge-sheet was submitted. Charge under Section 489B and 489C, I.P.C. was framed. Accused pleaded not guilty and trial ...
Dr. Vijay NaraIn Singh Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Jan-16-1997
Reported in: (1999)IIILLJ1088All
B.S. Chauhan, J. 1. The instant writ petition has been filed for quashing the orders dated February 22, 1992 and October 9, 1992 contained in annexures 2 and 3 to this writ petition, by which the petitioner has been relieved from service and further he has been asked to repay the salary paid to him from July 1, 1991 onwards. 2. The factual gamut of this case reveals that the petitioner who was serving as a Reader in the Hindi Department of Kashi Vidyapith Varanasi, was born on July 1, 1931. The age of retirement being 60 years, he claims to have reached the age of superannuation on July 1, 1991. Petitioner further claims that he was given benefit of some Government Order under which a Teacher who reaches the age of superannuation in mid-academic session would be entitled to continue in service till the end of the academic session i.e. June 30, following, and be would be treated to have been re-employed from the date immediately following the age of his superannuation. 3. The grievance ...
Aftab Ahmed Vs. State Transport Appellate Tribunal, Lucknow and Others
Court: Allahabad
Decided on: Jan-15-1997
Reported in: AIR1997All176
ORDER1. Heard Sri L. P. Naitham, learned counsel for the petitioner and Sri A. D. Saunders,learned counsel for the Cavcator.2. This writ petition has been filed against the impugned order dated 30-12-1996 and 27-11-1996. It appears that there is a route known as Ramnagar Deghat via Bhatroj Khan which is within the jurisdiction of R.T.A. Kumaun, Kathgodam. The petitioner applied for a permanent stage carriage permit on the said route on 29-10-1996 and his application was supported by a time-table. The respondent Nos. 3 and 4 had earlier applied for permit on this route on 29-3-1996 and their applications came up before the R.T.A. on 27-11 -1996 as stated in paragraph 6 of the petition. On that date the permits were granted to the respondents 3 and 4 but the application of the petitioner and others were postponed. Against thisorder, the petitioner filed a revision before the Tribunal which was dismissed by the impugned order dated 30-12-1996. Hence this petition.3. Under the new Motor Ve...
Ram Sunder and Others Vs. Subedar and Others
Court: Allahabad
Decided on: Jan-15-1997
Reported in: 1998(2)AWC865
G.S.N. Tripathi, J.1. This appeal arises out of Judgment and decree dated 4.3.76 passed by the District Judge, Basti in Civil Appeal No. 60 of 1975, Ram Sunder and others v. Subedar and others, whereby the first appellate court has dismissed the appeal of the plaintiffs/appellants and confirmed the judgment and decree recorded by the trial court on 2.11.74.2. Original Suit No. 133 of 1969 was filed by the present appellants before the trial court for demolition of the constructions raised over the land, shown by the letters ABCD in the site plan in the foot of the plaint and for delivery of possession over the land, in favour of the plaintiffs. In the site plan, in which the disputed land has been shown by letters ABCD, the entire Sehan land of the plaintiffs has been shown by letters PQRS. It has been alleged by the plaintiffs that their house has always been facing towards north and the entire land shown by letters PQRS has been in their possession and they are in its peaceful posses...
Committee of Management, Sarvodaya Mandal and ors. Vs. Assistant Regis ...
Court: Allahabad
Decided on: Jan-15-1997
Reported in: (1997)1UPLBEC258
M. Katju, J.1. Heard counsels for the parties and perused the writ petition as well as counter-affidavit. It appears that an election of the office bearers of the society was held on 18-5-1995 in which the respondent Nos. 2 and 3 were elected for 3 years and an intimation was sent to the Assistant Registrar, Firms, Societies and Chits, Allahabad, who recognised the same. Subsequently it is alleged in paragraph 4 of the writ petition that a meeting was convened on 29-9-1995 of the general body in which the decision was taken to dissolve the existing committee of management, and a new committee of management was constituted on the same date with the petitioner No. 2 as the president, Sri Manni Lal as the Vice-President, Sri Madho Lal as the Secretary and Sri Buddan as the Treasurer. It is surprising that on the same date i. e. 29-9-1995 the existing office bearers were alleged to have been removed and a new committee of management were alleged to have been elected. In my opinion, this is...
Maharana Pratap Shiksha Parishad Vs. Gorakhpur University and ors.
Court: Allahabad
Decided on: Jan-15-1997
Reported in: (1997)1UPLBEC408
Ravi S. Dhavan, J.1. This writ petition has been files by the Maharana Pratap Shiksha Parishad, Gorakhpur a registered society which one time ran an educational institution as a degree college which subsequently become a constituent college of the Gorakhpur University. The petition has been filed by the society, aforesaid, through Mahant Avaidnath, Gorakhpur Math, as Secretary to the Society.2. On facts there is no issue. Before establishment of the Gorakhpur University, it is contended, that the scheme for higher education in Gorakhpur was such that there were two colleges in this town One, the Maharana Pratap Degree College, run by the Society and the other St. Andrews College. At the time when the incorporation of the Gorakhpur University was being contemplated, the question arose on what would happen to these two degree colleges. There were discussions on the matters and the administration of St. Andrews College decided not to merge with the Gorakhpur University. The Society took a...
Smt. Radhili Devi Vs. the District Magistrate, Padrauna and Others
Court: Allahabad
Decided on: Jan-13-1997
Reported in: AIR1997All216
ORDER1. This writ petition has been filed against the impugned orders dated 7-11-1996 and 31-12-1996 Annexures 7 and 8 to the writ petition.2. I have heard learned counsel for the parties.3. It appears that the petitioner was elected asPradhan of Gram Panchayat Sudhiyani, district Padrauna. By the impugned order dated 7-11-1996 Annexure 7 to the petition, the administrative and financiat power of the petitioner have been taken away under the proviso to S. 95(1)(g) of the U.P. Panchayat Raj Act as an interim measure pending proceeding against the petitioner for which the District Panchayat Raj Officer was appointed as enquiry officer. In the said order dated 7-11-1996 it is mentioned that there were certain allegations against the petitioner which have been' referred to in the said order which have resulted in a loss of Rs. 50,000/- to the Gram Sabha. By the order dated 31-12-1996 Annexure 8 to the petition three member committee was constituted for exercising the financial and administ...
Union of India Vs. Nagar Mahapalika, Gorakhpur Through Administrator/G ...
Court: Allahabad
Decided on: Jan-13-1997
Reported in: AIR1997All253; (1997)2UPLBEC821
ORDERRavi S. Dhavan, J. 1. This is a very unusSal petition. The petitioner has been filed by Union of India, North Eastern Railway Head Quarter, Gorakhpur. The petition is directed against Nagar Mahapalika, Gorakhpur and its Chief Engineer, arrayed as respondents No. 1 and 2. In effect it is a, writ petition filed by the State against a State. 2. The Court has read the writ petition and heard learned counsel for the parties and is dismayed to find that for thirty years public plans for modernisation of railways in and around Gorakhpur Division has remained stalled because the Nagar Mahapalika, Gorakhpur, insists on putting up yet more shopping centres near the railway tracks or the railway station. The record of the railway administration shows that the land, otherwise, belongs to the railways. But, it is the desire of Nagar Mahapalika. Gorakhpur that the North Eastern Railway should relinquish its claim from this land. The discussion between the North Eastern Railway and the Nagar Mah...
Super Cassettes Industries Ltd. Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Jan-13-1997
Reported in: 1997(94)ELT302(All)
ORDERM.C. Agarwal, J.1. By this petition under Article 226 of the Constitution of India the petitioner challenges an order dated 12th August, 1994 passed by the Collector (Appeals), Customs & Central Excise, Ghaziabad whereby he dismissed the petitioner's Appeal No. 116-C.E./MRT/94 as barred by limitation.2. The petitioner is a manufacturer of audio cassettes which was an excisable item up to 16th May, 1990. By Notification No. 117/90, dated 16-5-1990 audio cassettes were exempted from excise duty. The petitioner was using certain excisable goods as inputs in the manufacture of the said audio cassettes and was claiming credit for the excise duty paid on those inputs under the Modvat (Modified Value Added Tax) Scheme. On 17-5-1990, the date on which the audio cassettes ceased to be an excisable item, the petitioner had certain such inputs in stock in respect of which it had claimed credit of a sum of Rs. 1,97,243.15 paise by crediting the same in the petitioner's personal ledger account...
Budh Prakash Rastogi Vs. Santosh Pal Dublish
Court: Allahabad
Decided on: Jan-10-1997
Reported in: AIR1998All84
A.P. Singh, J. 1. This appeal has been filed by the plaintiff, who had filed asuit for dissolution of the firm known as 'Rajiv Prakashan', and for accounting against the defendant-respondent-Santosh Pal Dublish. Earlier to the formation of the partnership firm between the plaintiff and defendant, another firm with the same name and style, namely, 'Rajiv Prakashan', which stood dissolved on 31-3-1966, in which apart from the plaintiff and defendant, S/Sri Budh Prakash Rastogi, and Sushil Kumar Rastogi were also partners. The new firm was created on 1-4-1968 with only plaintiff and the defendant as partners. Plaintiff filed suit No. 933 of 1969 praying for the relief of dissolution of the firm and for the accounting from Apr., 1966 to Nov., 1969. The suit was filed on 15-11-1969. After the suit was filed by the plaintiff, a Commission was issued by the Court ex parte. The commission visited the shops of the firm on 16-11-1969 for inspection. It appears that after the visit of the Commiss...
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