Allahabad Court January 1997 Judgments
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Badloo Vs. State of U.P.
Court: Allahabad
Decided on: Jan-10-1997
Reported in: 1998CriLJ1072
B.K. Sharma, J.1. This is an appeal against the judgment and order dated 26-11-1980 passed by Sri B.B.S. Chaudhary, the then Xth Additional Sessions Judge, Kanpur in S.T. No. 270 of 1979 State v. Badloo and Chhotey, whereby he convicted the accused appellant Badloo of the offence under Section 395, I.P.C. and sentenced him to undergo R.I. for a period of 7 years.2. A dacoity was committed at the house of Subedar Dwivedi informant in the night between 27/28-9-1978 by 6-7 dacoits. In the course of dacoity, the informant was injured and his property was looted. The F.I.R. about the occurrence was lodged by the informant on 28-9-1978 at 10-20 a.m. at the police station. No one was named therein as the dacoits were unknown persons. During the investigation, present accused appellant and Chhotey co-accused were arrested and put up for test identification and since the result was positive charge-sheet was submitted against them.3. At the trial, Subedar informant. P.W. 1 Nand Lal P.W. 2, Prem ...
Naveen Glass Products Vs. Cce (A) and anr.
Court: Allahabad
Decided on: Jan-10-1997
Reported in: 1997(70)LC745(Allahabad)
1. Heard counsel for the parties.2. The short contention of the petitioner is that along with the appeal memo stay and waiver applications were filed which are said to be still pending. The grievance of the petitioner is that without awaiting a decision on the stay and waiver applications, the respondents are rushing up to make recovery from the petitioner.3. On these facts the petition is disposed of finally directing the appellate authority (respondent No. 1) to decide the stay and waiver applications of the petitioner (annexure-2 to the writ petition) within two weeks from the date a certified copy of this order along with copy of the stay and waiver applications is produced before the appellate authority by the petitioner, who undertakes to produce the same before the appellate authority within one week from today.4. Until decision on the stay and waiver applications as aforesaid, recovery pursuant to the letter dated 14.11.1996 (annexure-3 to the writ petition) will not be made fr...
Dr. (Kumari) Tabassum Sultana and Etc. Vs. State of U.P. and Another
Court: Allahabad
Decided on: Jan-09-1997
Reported in: 1997ACJ1343; AIR1997All177
ORDERPalok Basu, J.1. If there be any despicable action which words may fail to convey, this bunch of writ pelitions may be indicating one at least. Callousness, carelessness and negligence if reaches its hight perhaps the type of incidenl which has come to the notice to this Court in the course of deciding these petitions, is the zenith. Before adverting to the facts, it may be remembered that motherhood is the precious possession of a woman and if per chance she is made to sacrifice the motherhood which she is yet to enter upon, it is no less than suicidal death for a young woman. The victim in this case happens to be one Smt. Gayatri Devi, aged about 18-19 years married only a couple of months ago who, under the Government Sponsored Scheme has been operated upon for tubcctomy and thereby loses themost precious possession of her life. i.e. motherhood. All this was done in a Family Planning Camp organised by Government Officials in broad-day-light. Does it require a statement by this ...
Master Manveer Khera Vs. Manjeet Singh Khera Alias Makhan Singh and Ot ...
Court: Allahabad
Decided on: Jan-09-1997
Reported in: AIR1997All217
ORDER1. Smt. Gurpriya Khera, the mother of the minor child Master Manveer Khera has filed this petition praying for a writ in the nature of Habeas Corpus directing respondents No. 1 to 3 to produce the petitioner before the Court and hand over the custody of the child to the mother, Smt. Gurpriya Khera.2. Admittedly, Smt. Gurpriya Khera was married to late Lt. Mandeep Singh Khera (Indian Navy) on 6-10-90. The child Master Manveer Khera was born out of this union on 17-11-91. On 3-2-96, in a car accident, the husband of Smt. Gurpriya died and she also received injuries. The child Master Manveer Khera was taken up by respondents No. 1 to 3, who are the in-laws of Smt. Gurpriya Khera. It is said that Smt. Gurpriya Khera also received multiple fractures in that car accident and she fell unconscious. She was initially admitted to a Hospital at Rajali. From there, she was shifted to the Military Hospital, Madras and from there, she was discharged on 15-3-96 and brought to Chandigarh by her f...
Suresh Kumar Dwivedi Vs. District Magistrate, Banda and Others
Court: Allahabad
Decided on: Jan-09-1997
Reported in: AIR1997All313
ORDER1. Technically what the petitioner impugns is a recovery certificate issued by theTahsildar Karvi, Banda. This recovery certificate has been issued under Form-68 in the context of Rule 236 of the U.P. Zamindari Abolition and Land Reforms Rules, 1952. It is in effect a Criterion requiring the petilioner to pay an amount of Rs. 2,21,245.50 p. failing which, by law, he would stand arrested until the demand under the certificate is satisfied not excluding other distress action by attachment of his property.2. But the cause of action did not see its origin in the State of Uttar Pradesh. The petitioner made a bid in a public auction for collection of 'Tendu' leaves. The auction was held on 14-4-1985. The modalities of the auction were to be made in pursuance of the terms and conditions given in the Madhya Pradesh Gazette Notification dated 5-1-1985. On the bid being accepted, whatever be the amount, the terms and conditions as notified in the Gazette obliged the petitioner to execute an...
Polythene Audyogic Utpadan Sahkari Samiti Ltd. Vs. U.P. State Co-opera ...
Court: Allahabad
Decided on: Jan-09-1997
Reported in: [1997]89CompCas598(All)
1. This matter has been pending in the court for ten years. Though learned counsel for the petitioner is dead, the matter cannot be adjourned so that it remains pending beyond the period of ten years as this in itself reflects badly on a public justice system. 2. As the matter is one in a writ jurisdiction and the petitioner seeks a writ of certiorari, though in effect a writ of mandamus only has been sought, upon examining the record, the court is rendering its opinion. 3. In effect the petitioner has filed the present writ petition challenging the action of respondent No. 3, the U. P. Financial Corporation, Kanpur, for proceeding under Section 29 of the State Financial Corporations Act, 1951. But the main issue which has been presented in the writ petition is that respondents Nos. 1 and 2, U. P. State Co-operative Bank Ltd., Luck-now, and the District Co-operative Bank Ltd., Bareilly, are not extending the cash credit limit of the petitioner by making available the petitioner's loan ...
Kumaon Brick Kiln Vs. Commissioner of Income-tax and anr.
Court: Allahabad
Decided on: Jan-09-1997
Reported in: (1997)141CTR(All)330; [1997]228ITR617(All)
1. Heard counsel for the parties.2. The petitioner seeks quashing of impugned order dated December 15, 1984, annexure-6 to the writ petition passed by the Chief Commissioner of Income-tax, Lucknow, under Section 273A of the Income-tax Act, 1961 (briefly 'the Act'), in so far it relates to the assessment year 1977-78.3. The facts, as briefly stated, are that return for the assessment year 1977-78 became due on June 30, 1997, but that was filed by the petitioner on September 4, 1978, that is, with a delay of 14 months.4. The petitioner then made an application under Section 273A(1) of theAct for waiver of the penalty imposable under Sections 271(1)(i) and 271(1)(iii) and the interest under Section 139(8) of the Act, which wasrejected by the Commissioner for the reason that an addition of Rs. 5,000on ground of unexplained investment was made in the assessment.5. From a perusal of the assessment order, it appears that during the scrutiny of the account books of the assessee, a deposit of R...
Pitamber Lal Yadav Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jan-09-1997
Reported in: (1997)1UPLBEC444
R.A. Sharma, J.1. Petitioner claims to have joined the U. P. Agriculture service class II as Soil Conservation Officer in 1967. Subsequently pursuant to his selection by the U. P. Public Service Commission the petitioner was appointed as Soil Conservation Officer on regular basis. In January, 1974 he was confirmed on the said post. The Government of U. P. vide order dated 6-7-1984 appointed him in a stop-gap arrangement as officiating Deputy Director of Agriculture (Soil Conservation) which is a Class I post in the Agriculture service, with a condition that although he will perform work of Class I post but he will be paid salary of Class II post only. Pursuant to the above order he was posted as Deputy Director of Agriculture (Soil Conservation) in Ramganga Command Area Fatehpur. Latter on he was transferred from Fatehpur to Lalitpur In the same capacity. By order dated 3-8-1986 he was promoted to the post of Deputy Director of Agriculture (Soil Conservation) on ad hoc basis. By order ...
Nankoo Sharma Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Jan-09-1997
Reported in: 1997CriLJ3002
G.S.N. Tripathi, J.1. This appeal arises out of judgment and order dated 24-8-96 passed by Sri K.A. Lojha, Sessions Judge, Bhandohi in S.T, No. 31 of 1993, Stale v. Nanku Sharma, Under Section. 376, IPC, P.O. Byanpur, Distt. Bhandohi. By this judgment and order, the learned Sessions Judge has convicted he accused on a charge u/Section 376 and ordered him to undergo 10 years' R.I. and to pay a fine of Rs. 1,000/-. On failure to pay the fine within 30 days From the order, he will have to udergo further three months' S.I.2. The prosecution case arises out of an FIR lodged by Hans Narain Sharma, dated 9-4-1993. He has alleged that his brother is Jagganath, whose daughter Km. Usha Devi, aged about 9 years, is the prosecutrix in this case. She had gone around 8 a.m. to pick up Mhya flowers, when the accused Nanku Sharma, who has a house adjacent to that place, persuaded her by offering sweets and thus took her inside his house and committed rape upon her. The child raised an alarm, hearing w...
Smt. Lajja Wati Singhal Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Jan-08-1997
Reported in: [1997]226ITR527(All); [1997]95TAXMAN157(All)
1. At the instance of the assessee, the Income-tax Appellate Tribunal (Delhi Bench), referred the following question for the opinion of this court :' Whether, on the facts and circumstances of the case, the Tribunal was right in law in holding that the order passed by the Commissioner of Income-tax under Section 263 was/in law maintainable ?'2. Smt Lajja Wati Singhal wife of one Babu Lal is the assessee and she was a partner in the firm, Satya Industrial Corporation. The husband of the assessee constructed a house in the accounting years relevant for the assessment years 1975-76 and 1976-77. The husband of the assessee while explaining the investment in the construction, stated that the two advances of Rs. 12,000 and Rs. 15,000 had been taken by him from his wife in the accounting years relevant to the assessment years 1975-76 and 1976-77.3. The assessee at the stage of the assessment for the years in question surrendered the amounts of advances of Rs. 12,000 and Rs. 15,000 and then th...
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