Allahabad Court December 1997 Judgments
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Tullu Engineering Works Vs. Cegat and ors.
Court: Allahabad
Decided on: Dec-16-1997
Reported in: 1998(75)LC516(Allahabad)
1. We have heard the learned Counsel for the parties.2. This writ petition is directed against the order dated 3rd December, 1993 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi. The petitioner was engaged in the manufacture of regulators for controlling speed of electric motors, exhaust fans in addition to other own products. It was claimed that the regulators were classifiable under sub-heading 8479 of the Schedule of the Central Excise Tariff Act, 1985 having description of 'machines and mechanical appliances having individual function not specified or included elsewhere in Chapter 84'. The Assistant Collector, however, classified the product under sub-heading No. 8501.00 of the aforesaid Act taking the help of Section No. 4 of Section XVI. The petitioner took the matter before the Appellate Collector of Central Excise where it was held that the regulators were classifiable under sub-heading 8503.00. Against the appellate order the matter was taken by ...
indra Mani Shukla Vs. Collector, Allahabad and Others
Court: Allahabad
Decided on: Dec-15-1997
Reported in: 1998(1)AWC69
S.L. Saraf, J.1. Heard learned counsel for the parties.2. The petitioner had taken a loan of Rs. 95,000 from respondent No. 3 on 15.2.1990 for purchasing a tractor. He has repaid the loan, but the loan amount of Rs. 1.15,587 (The amount should have been Rs. 37,382.69) is still continuing. If the balance is still due both on account of principal and interest, the bank is directed to make statement of account showing balance loan and interest due against the petitioner. The calculation be made by the bank on the basis of simple interest. On this calculation if any sum is due, the same shall be paid in six monthly instalments. Till then the recovery proceedings shall be stayed. In default of payment of instalments, the stay order shall stand automatically vacated.3. With the above observations, this petition is finally disposed of. There is no order as to costs....
Ashok Kumar Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-15-1997
Reported in: 1998(2)AWC925
S.K. Phaujdar and N.S. Gupta, JJ.1. The petitioner has been detained under the provisions of the National Security Act under the order of the District Magistrate. Mahamaya Nagar recorded on 22.5.97. This order has been challenged through the present habeas corpus petition invoking the powers of this Court under Article 226 of the Constitution for issuance of a writ, order or direction in the nature of habeas corpus for production of the petitioner before Court, for quashing the order of detention and for setting him at liberty.2. The order dated 22.5.97 is in Hindi and it reads that the District Magistrate was satisfied that the petitioner's detention was necessary for maintenance of public order In the district of Mahamaya Nagar and accordingly he exercised his powers under Section 3(3) of the National Security Act and directed his detention in terms of Section 3(2) of the said Act in the District Jail at Aligarh.3. The order was appended with the grounds of detention and it indicated...
Arun Kumar Dubey Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-15-1997
Reported in: 1998(2)AWC983
Palok Basu and D. K. Seth, JJ.1. Arun Kumar Dubey, petitioner has filed this writ petition under Article 226 of the Constitution of India with the prayer that a writ in the nature of certiorari should issue quashing the notice dated 3.12.1997 (Annexure-2) and all proceedings consequential thereto. The other two prayers are that even the notice of intention dated 2.12.1997 (Annexure-3) may also be quashed and further that Section 87A of the U. P. Municipalities Act. 1916 be declared ultra vires the provisions of the Constitution of India.2. Sri Ravi Kiran Jain, learned senior advocate assisted by Sri R- K. Awasthi, has been heard at considerable length in support of this writ petition. Sri S. K. Lal has appeared on behalf of the opposite party No. 4.3. The facts are that on 30.11.1995, the petitioner took oath as Adhyaksha, Nagar Palika Parishad, Mirzapur after having been elected in the elections held for that post. On 2.12.1997 it is alleged that a motion of no-confidence against the ...
State of U.P. Vs. Ram Saroop and Hokar
Court: Allahabad
Decided on: Dec-15-1997
Reported in: 1998CriLJ2856
1. All these appeals were taken up together as they arose out of a single judgment dated 12-3-1980 recorded by the IInd Additional Sessions Judge, Mathura, in S.T. No. 409 of 1976 tried along with Sessions Trial Nos. 63 of 1979, 211 of 1979, 409A of 1976 and 409-B of 1976. Twelve persons stood charged in the trial which arose out of case Crimes No. 293 of 1976 and 400 of 1976, relating to police station Virendavan, district Mathura, for different offences under Sections 396 and 412, I.P.C. Eight accused persons stood acquitted while four were found guilty. Pitambar was convicted for an offence under Section 412, I.P.C. and was sentenced to R.I. for three years. Gyasi was also convicted under Section 412, I.P.C. read with Section 25 of the Arms Act and was sentenced to R.I. for four years under Section 412 and for one year under Section 25 of the Arms Act. The sentences were to run concurrently. Hokar and Ram Saroop were convicted under Section 396, I.P.C. and each of them was sentenced...
Handtex Indus. Co-op. Fed. Ltd. Vs. Dy. Commr. (Tech.), C. Ex.
Court: Allahabad
Decided on: Dec-15-1997
Reported in: 1998(102)ELT554(All)
ORDER1. By this petition under Article 226 of the Constitution of India the petitioner challenges orders/letters dated 18-11-1997 (Annexure XII) and 7-11-1997 (Annexure XI to the writ petition).2. We have heard Shri Ramendra Asthana, learned Counsel for the petitioner.3. Under the Central Excises and Salt Act, 1944, the Government of India conferred some benefit to apex societies. In respect of some qualities of yarn sold to such Apex Handloom Co-operative Societies, no excise duty is leviable and in respect of other qualities of yarn only 10% ad valorem excise duty is payable. The petitioner claims itself to be an apex handloom society. The Joint Development Commissioner (Handlooms) published a list of 46 such societies which were recognised as apex handloom societies. This notification is dated 22nd March, 1993. The petitioner was registered as a co-operative society subsequently and applied for inclusion of its name in the approved list of apex handloom societies. This claim has bee...
Smt. Jyotsan Dixit Vs. Civil Judge, Khiri and Others
Court: Allahabad
Decided on: Dec-12-1997
Reported in: 1999(1)AWC107; II(1998)DMC380
O.K. Seth, J.1. By means of this application under Section 24 of the Code of Civil Procedure, the applicant Smt. Jyotsna Dixit, the wife, defendant in the Matrimonial suit, being Original Suit No. 115 of 1993, pending before the Court of Civil Judge, Khiri, had applied for transfer of the proceeding to the Court of Civil Judge, Varanasi. Admittedly both the Courts at Khiri and Varanasi have territorial jurisdiction and competent to try the suit. The opposite party No. 3 Sri Asitosh Dixit, husband of the plaintiff in the said suit represented by Sri R. K. Awasthi, opposes the said prayer on two fold grounds. His first contention was that the High Court of Judicature at Allahabad has no jurisdiction to entertain the application under Section 24 of the Code, since Khiri is within the Jurisdiction of Lucknow Bench of this Court, in view of decision in Was Naseeruddin's case. His second contention was that the defendant having last resided together at Khiri and the suit having been institut...
Committee of Management of Krishak Upkarak Higher Secondary School, Sa ...
Court: Allahabad
Decided on: Dec-12-1997
Reported in: 1998(2)AWC930; (1998)1UPLBEC367
D.K. Seth, J.1. By an order dated 24.7.1997 the writ petition was dismissed as having become infructuous by efflux of time. On 5.8.1997 an application for restoration has been filed. Sri Shashi Nandan submits that since he was prevented by sufficient reasons from appearing in the Court, when the said order was passed, therefore, he could not place the facts that the application had not become infructuous. Dr. R.G. Padia, learned counsel for the respondents, on the other hand opposes the said prayer.2. I have heard both the learned counsel for the parties and perused the pleadings and records. It appears that sufficient grounds have been made out for non-appearance of Sri Shashi Nandan, learned counsel for the petitioner. A perusal of the record also shows that as pointed out by Sri Shashi Nandan that the said application requires determination and has not become infructuous.3. In that view of the matter, the application is allowed. The order dated 24.7.1997 is recalled and the writ pet...
Chander Alias Chandra Vs. State of U.P.
Court: Allahabad
Decided on: Dec-12-1997
Reported in: 1998CriLJ2374
G.P. Mathur, J.1. This matter has come before us on a reference made by a learned single Judge. The relevant part of the referring order reads as under:A perusal of the first information report shows that a brutal murder has been committed. First chilli powder was put into the eyes of the deceased Rajesh and then the applicant and others dragged him and stabbed him several times. This version in the first information report is also corroborated by the post mortem report which shows large number of stabbing and incised wounds on vital parts.Learned counsel for the applicant has stated that Hon'ble S. N. Tewari, J. by order dated 21 -8-96 has granted bail to co-accused Shankar whose case is on the same footing. With profound respect, I cannot agree with the order of my learned brother. In my opinion this is a case of a brutal murder and since the application is directly involved, it is not a fit case for bail...2. After noticing the submission made on behalf of the applicant that an accu...
Jagmohan Dutt Sharma Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-11-1997
Reported in: 1998(1)AWC779
Palok Basu and M.L. Singhal, JJ.1. While coming to hear the mining mineral matters, three sets of writ petitions came up for discussion. Since some of the counsel were appearing in many of the cases inasmuch as quite a few factual questions were over-lapping, all the writ petitions of three respective sets were heard together. But, in order to facilitate disposal of the respective petitions in the three sets, those shall be decided by separate judgments, one set following the other.In this set of writ petitions, the preliminary question involved is, the validity of the G.O, of the State Government, dated 25.5.1995, wherein it has been made possible to issue a lease in favour of a person who Is found to be the discoverer of a new area, which contains mining minerals, in pursuance of which lease is executable in his favour without publication of any notice.2. Jagmohan Dutt Sharma petitioner, in Writ Petition No. 27945 of 1977 heard along with the Writ Petition No. 14329 of 1990, is aggri...
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