Allahabad Court December 1997 Judgments
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Union of India (Uoi) Vs. Altaf HussaIn Alias Jumai and anr.
Court: Allahabad
Decided on: Dec-19-1997
Reported in: 1998CriLJ2782
ORDERT.P. Garg, J.1. This criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, filed by the Union of India through the Assistant Narcotics Commissioner, Central Bureau of Narcotics, Lucknow, is directed against the order dated 23-11-1996, passed by the learned Sessions Judge, Varanasi, whereby Altaf Hussain alias Jumai and Najeem, two of the 15 accused, were discharged under Section 227, Cr. P. C. in Criminal Case No. 162 of 1996 (State v. Abrar Ahmad and Ors.).2. Brief facts giving rise to the present revision are as under:On 26-3-1996, Union of India through the Assistant Narcotics Commissioner, Central Bureau of Narcotics, Lucknow (hereinafter referred to as the 'Narcotics Bureau') filed a criminal complaint against 15 accused, viz. Abrar Ahmad, Abdul Mabood, Mohammad Arif, all residents of district Barabanki, U. P., Ayyub, resident of Lucknow, Altaf Hussain alias Jumai, opposite party No. 1, resident of Calcutta (West Bengal), Quddus, Faheem,...
Ramesh Chandra Saxena Vs. Vlth Additional Sessions Judge and ors.
Court: Allahabad
Decided on: Dec-19-1997
Reported in: 1998CriLJ3794
ORDERO.P. Garg, J.1. This is a petition under Section 482 of the Code of Criminal Procedure with the prayer that the order dated 8-4-1997, Annexure 15 of the petition, passed by Sri Swatantra Singh, the then Vlth Additional District and Sessions Judge, Aligarh in revision No. 118 of 1997 Ashok Kumar Jain v. State of U.P. and others. setting aside the order dated 27-1-1997 passed by the City Magistrate Aligarh - Opposite Party No. 2 in proceeding under Section 145 of the Code, be quashed.2. Counter and rejoinder affidavits have been exchanged. Heard Sri Anand Kumar Gupta for the petitioner and Sri Viresh Mishra for opposite party No. 3 - Ashok Kumar Jain as well as learned standing counsel on behalf of the opposite party Nos. 1 and 2.3. Shorn of all superfluities, the case of the petitioner is that there is a shop No. 7/4, Railway Road, Abdul Karim Crossing, Aligarh of which S/Sri Arvind Kumar and Manoj Kumar are owners -- landlords. It is alleged that the petitioner Ramesh Chandra Saxe...
Sidique Vs. Additional Collector, Badaun and Others
Court: Allahabad
Decided on: Dec-18-1997
Reported in: 1998(2)AWC1386
Sudhir Narain, J.1. This writ petition is directed against the order dated 3.5.1997 passed by the Assistant Collector, respondent No. 2 directing ejectment of the petitioner from the disputed land and imposing damages to the tune of Rs. 2.160 and further the order dated 5.12.1997 passed by respondent No. 1 dismissing the revision against aforesaid order.2. The proceedings were taken against the petitioner for ejectment from 121 sq. yards of land of plot No. 232 situated in village Saljana Mulsim. Pargana Asadpur. Tahsil Glnnor. district Badaun. The petitioner filed objection stating that the property Is his ancestral property and his house is existing prior to enforcement of U. P. Zamindart Abolition and Land Reforms Act (in short referred to as the Act). The parties led evidence. Respondent No. 2 recorded finding that the land in question was recorded as Abadi which was vested in Gaon Sabha. The petitioner failed to prove that he was In possession prior to enforcement of the Act. He d...
Cawnpore Hindu Orphanage Society Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-17-1997
Reported in: (1998)1UPLBEC677
Ravi S. Dhavan and V.P. Goel, JJ.1. The petitioner, Messrs Cawnpore Hindu Orphanage Society, 80/89, Latouche Road, Kanpur, through its Secretary, is a registered society under the Societies Registration Act, 1860. It is contended that it was formed for the welfare of the down-trodden and orphans and a rescue home for destitute women. It was started in 1943. The property is situate at No. 24, Block S, Scheme No. 4, Sisamau, Kanpur, measuring 3.14 acres. It was given on lease by the Cawnpore Improvement Trust for 999 years on a premium of Rs. 5,223 and 5 annas.2. Over the years, it is admitted on record that other persons were permitted to come and occupy the land which was leased to the society and the society shut its eyes and the land was encroached. Either way, the Society is earning rent from those who occupy the land given on lease. Thus, the Kanpur Development Authority, the respondent No. 2, finding that the leased land is being utillised for a purpose otherwise than for which it...
Ram Charan and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Dec-17-1997
Reported in: 1998CriLJ3368
B.K. Sharma, J.1. This is an appeal against the judgment and order dated 27-11 -1980 passed by Sri S.B. Singh, the then IIIrd Additional Sessions Judge, Ghaziabad in S.T. No. 110 of 1978 State v. Ram Charan and Mahendra whereby he convicted both the accused-appellants under Sections 365 and 376, I.P.C, and sentencing each one of them to undergo R.I. for a period of two years for the offence under Section 365, I.P.C. and R.I. for a period of 5 years for the offence under Section 376, I.P.C.2. The prosecutrix in this case is Km. Santosh, daughter of Shanker Lal Harijan. Her father had died before the occurrence and she lived with her mother Smt. Dharmo P.W. 3 along with her younger sister Yashoda and one more younger sister and one younger brother. The prosecution story was that on 16-3-1978 at about 11 A.M. the prosecutrix was abducted from her mother's house by the accused-appellant Ram Charan and his three companions, one of whom was Mahendra accused-appellant. Ram Charan accused-appe...
Samar Jeet Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-17-1997
Reported in: 1998CriLJ3294
ORDER1. Through this writ petition under Article 226 of the Constitution of India the petitioner challenges an order of detention recorded against him under the provisions of the National Security Act (in short, NSA). The order was recorded on 6-5-1997 by the District Magistrate, Gorakhpur, as per Annexure 8 to the writ petition, and was confirmed on 19th June, 1997, as per Annexure 14 to the writ petition. The petitioner prayed for quashing of the impugned orders and for immediately setting him at liberty.2. The impugned order dated 6-5-1997 indicates that the District Magistrate was satisfied that it was necessary to detain the petitioner under the provisions of Section 3(2) of the NSA for preventing him from acting in any manner prejudicial to the maintenance of supplies of services essential to the community. The grounds that were appended to the detention order were also indicated to the petitioner through paper in Annexure-7 to the writ petition and it was indicated therein that ...
Commissioner of Income Tax Vs. Mittal Industries
Court: Allahabad
Decided on: Dec-17-1997
Reported in: (1998)150CTR(All)331
BY THE COURT:The Tribunal, Delhi Bench 'A' New Delhi at the instance of the Revenue has referred the following question of law for the opinion of this Court under s. 256(1) of the IT Act :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that s. 187(2) of the IT Act, 1961, was not applicable to the facts of the present case and in confirming the order of the CIT(A) directing the ITO to make the separate assessments on the assessee for the asst. yr. 1978-79?'2. We have heard learned standing counsel for the Revenue. No one has put in appearance on behalf of the assessee despite the fact that notice was served.The dispute pertains to the asst. yr. 1978-79. The assessee firm was constituted on 9th April, 1976 by three partners, Ram Chandra, Satya Narain and Ishwar Chandra. On 21st Oct., 1977, Ishwar Chandra retired from the firm and on the following date, i.e., 22nd Oct., 1977 the remaining two partners along with one Shn Bhagwan reconst...
Smt. Sharda Devi Vs. Additional District Judge, (Special Judge), Gorak ...
Court: Allahabad
Decided on: Dec-16-1997
Reported in: 1998(2)AWC919
S.H.A. Raza, J.1. By means of the present writ petition, the petitioner has prayed for the issuance of writ in the nature of certiorari quashing the judgments and orders dated 1.2.1983 and 7.4.1982 passed by the Additional District Judge, Gorakhpur and Munsif IInd, Gorakhpur. A writ in the nature of mandamus has also been prayed for directing the respondent No. 2 to entertain the suit to its original number to be decided on merit.2. The brief facts giving rise to this writ petition is that the petitioner filed a civil suit bearing No. 67/1980 for injunction and cancellation of the sale deed dated 17.11.1979 on the ground that she was bhumidhar in possession, as heir of her father, over the land in dispute and her name was also mutated on 28.12.1979 after the death of her father. After the said mutation proceedings one Chhotey Lal, who was the Pradhan of the village, obtained a fraudulent sale deed on 17.11.1979 by impersonation as the father of the petitioner late Phagu had expired bef...
Mrs. Nargis Malik Vs. Official Liquidator
Court: Allahabad
Decided on: Dec-16-1997
Reported in: [1999]34CLA388(All); [1999]95CompCas832(All)
A.K. Banerji, J.1. Application (A-36) has been filed on behalf of Nargis Malik, one of ex-directors of the company, Dany Dairy and Food Engineers Ltd. (in liquidation), praying that the official liquidator be directed to engage a counsel in respect of the company before the Income-tax Tribunal, Delhi, and for certain other directions to the said tax Tribunal.2. I have heard Sri Manish Nigam and Sri Janardan Sahai, learned counsel for the applicant.3. Dany Dairy and Food Engineers Ltd. (hereinafter referred to as 'the company in liquidation') was ordered to be wound up, vide order dated March 18, 1993, passed by this court and the official liquidator, High Court, has been appointed as the liquidator and the winding-up proceedings are pending before this court. It has been stated in the present application that for the assessment years 1983-84, 1984-85, 1985-86, and 1986-87 income-tax assessments have been made against which the company filed appeals which are pending before the 'D' Benc...
A.S. Bindra Vs. Senior Superintendent of Police and ors.
Court: Allahabad
Decided on: Dec-16-1997
Reported in: 1998(2)ALD(Cri)363; 1998CriLJ3845
Giridhar Malaviya, J.1. I had the advantage of going through the elaborate and detailed Judgment prepared by my learned brother Hon. B. K. Sharma, J. on the preliminary objection. While Iam in total agreement with him on the points covered by his Judgment and endorse his conclusion I would like to briefly add a lew lines of my own, which are only to summarise the conclusions of Hon. brother B. K. Sharma,. J.2. The Judgment of seven Judges' Full Bench in the case of Ram Pal Yadav v. State of U.P. (1989 Cri LJ 1013) is clear and cateogorical that unless there is a matter pending before the subordinate Court no application under Section 482, Cr.P.C. can be entertained by the High Court. In other words it means that till the stage of investigation of a Criminal case and thereafter till the filing of the charge sheet and taking cognizance of the offence by the Court, no application can be made in the High Court for quashing the First Information Report or investigation under Section 482, Cr...
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