Allahabad Court February 1997 Judgments
Sunil Kumar Singh Vs. Superintendant of Police and ors.
Court: Allahabad
Decided on: Feb-18-1997
Reported in: 1997(1)ALT(Cri)18; 1997CriLJ3201
D.C. Srivastava, J.1. The petitioner in the petition under Article 226 of the Constitution of India has prayed for a writ of ccrtiorari quashing the report of respondent No. 2 given on 14-8-1994 as contained in annexure-1 of the writ petition and recommendation of respondent No. 4 dated 16-8-1994 for opening of Hisotry sheet and also order of respondent No. 1 permitting opening of the History Sheet against the petitioner and for a writ of mandamus directing the respondents to close the History Sheet of the petitioner.2. The case of the petitioner is that the petitioner a young man of 22 years is politically active and had actively participated in the election to the U.P. Legislative Assembly and his family members had supported the candidature of one Gaud Bhaiya. The supporters of Ambika Chaudhary, on the other hand, made several attempts to prevail upon the petitioner to support the candidature of Ambika Chaudhary in the said election who was contesting on the Samajwadi Party ticket. ...
Tag this Judgment!Om Prakash Sharma Vs. State of U.P.
Court: Allahabad
Decided on: Feb-18-1997
Reported in: 1997CriLJ2710
D.C. Srivastava, J.1. The prayer in this petition under Section 482 of the Code of Criminal Procedure, is for quashing the order dated 29th June, 1995, passed by the Special Judge, Jaunpur in S.-T. No. 63 of 1994, (State v. Shobh Nath), rejecting the application of the petitioner for separate trial in juvenile Court.2. The brief facts are that the petitioner Om Prakash Sharma, inter alia, was committed to the Court of session in Case Crime No. 180 of 1993 under Sections 323, 325 and 504 I.P.C. in respect of an incident which took place on 15th July, 1993. It is said that on the date of incident the petitioner was aged about 14 years, 11 months and 11 days was, therefore, juvenile being below 16 years on the date of incident. Consequently he could not be tried with other accused and his application for separate trial by juvenile Court was wrongly rejected by the Special Judge in violation of the provisions of Section 24 of Juvenile Justice Act, 1986. It is further submitted that in the ...
Tag this Judgment!Kailash Chand Gupta Vs. State Commission Consumer Forum, U.P., Lucknow ...
Court: Allahabad
Decided on: Feb-17-1997
Reported in: AIR1997All312
ORDERR. A. Sharma, J.1. By this writ petition, the petitioner has challenged the appointment of respondent No. 7 as member of the District Con-sumer Forum-II, Agra. The sole ground of attack by the learned counsel for the petitioner against the said appointment is thai the respondent No. 7 is a resident of Moradabad and, therefore, could not have been appointed as a Member of the Agra Forum. In this connection, lie has invited the attention of the Court to S. 10 of the Consumer Protection Act. 1986 (hereinafter referred to the Act).2. We have heard the learned counsel for the petitioner and Mr. Kazmi, learned Additional Chief Standing Counsel.If a candidate satisfies the conditions laid down in S. 10(1)(b) and his name has been recommended by the Selection Committee, constituted under S. 10(1-A) of the Act, he can be appointed as a Member of a District Forum irrespective of the district to which he belongs. Section 10 of the Act does not require either expressly or by necessary implica...
Tag this Judgment!U.P. State Electricity Board and anr. Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Feb-17-1997
Reported in: 1998ACJ721; AIR1998All1; (1997)2UPLBEC1344
ORDERM. Katju, J.1. Heard Shri S.K. Misra, learned counsel for the petitioners and Sri S.K. Garg for respondent Nos. 2 and 3.2. This writ petition has been filed against the impugned award dated 26-8-1996, Annexure 6 to the writ petition passed by the Collector under Section 7(1) of the Public Liability Insurance Act, 1991 (hereinafter referred to as the ' 1991 Act').3. The Facts of the caseThe facts of the caste are that the respondent No. 1 and 3 arc the father and mother of one late Anil Gurang. They filed a claim petition on 10-7-1995 under Section 6(1) of the 1991 Act before the Collector. True copy of the application is Annexure-1 to the writ petition. In this application it has been alleged that the applicants are the parents and legal representatives of late Anil Gurang who was unmarried and employed in Hilton Hotel, Dehradun. Anil Gurang used to financially support his parents from his income. On 16-10-1994 Anil Gurang had gone for a wedding, and while going in the wedding pro...
Tag this Judgment!Smt. Raj Kumari Vs. Superintendent, Women Protection House and ors.
Court: Allahabad
Decided on: Feb-17-1997
Reported in: 1998CriLJ654
1. The present writ petition has been filed on behalf of one Smt. Raj Kumari presently confined in Government Women Protective Home, Meerut, through her alleged husband Sunil Kumar in the nature of habeas corpus, praying for her release from Women Protective Home, Meerut and for quashing of the order dated 23-11-1996 passed by the City Magistrate, Bulandshahr by which she is detained in Women Protection Home, Meerut.2. According to the allegations made in the writ petition, the mother of the petitioner namely Smt. Chandrawati respondent No. 4 was not willing for the marriage of the petitioner Smt. Raj Kumari with Sunil Kumar and she wanted her to marry with some other person of her choice and on getting information about the marriage of the petitioner with Sunil Kumar under the Special Marriage Act, petitioner's mother had wrongfully confined her at the house of one Siria S/O Munshi residing at Peerwali Gali, Satha, District Bulandshahr.3. Thereafter an application was moved by Sunil K...
Tag this Judgment!Committee of Management, Isabella Thoburn College Vs. State of Uttar P ...
Court: Allahabad
Decided on: Feb-14-1997
Reported in: AIR1998All48
S.H.A. Raza, J.1. Fate of this writ petition hinges on the reply 10 the question as to whether Isabella Thoburn College, Lucknow, a premier girls college of the city, which has been recognised as a minority Institution by the State Government and is an associate college of the Lucknow University, is clothed with the power to admit the students in B .Ed. classes by adopting its own method of selection, under Article 30 of the Constitution of India.2. Present writ petition has been filed by the Committee of Management of Isabella Thoburn College, Lucknow, assailing the U. P. State Universities (Regulation of Admission to Courses of Instruction for Degrees in Education in Affiliated, Associated and Constituent College) Order, 1987 and the Govt. Order No. 1310/15-11-95-3 1310/15-11-95-3 (10)/92 dated 7-8-1995, which is said to be inapplicable to the said college and if it is found to be applicable to the extent of its applicability to the college, the provisions may be declared void and qu...
Tag this Judgment!Noor Jahan Vs. Nizam
Court: Allahabad
Decided on: Feb-13-1997
Reported in: 1997CriLJ2284; II(1997)DMC314
I.M. Quddusi, J.1. This application under Section 482, Cr. P.C. has been filed with a prayer to set aside the proceedings of Criminal Case No. 1086 of 1983, Nizam v. Noor Jahan and Ors. pending in the Court of Mahanagar Magistrate, Corporation, Kanpur. 2. The brief facts of the case giving rise to the present petition are that the applicant, namely Smt. Noor Jahan was married to one Nazmul Hasan in the year 1970 according to Muslim rites. Out of that wed-lock a daughter was born. Thereafter, when she was living separately from her husband, she filed application under Section 125, Cr. P.C. for maintenance, which was allowed vide order dated 29.9.1978 by the Additional Munsiff Magistrate, Saharanpur whereby the husband Nazmul Hasan was directed to pay the maintenance allowance @ Rs. 60/- per month to the wife i.e. the applicant and Rs. 40/- per month to the infant daughter with effect from 1st October, 1978. Here it is necessary to indicate that she initiated proceedings under Section 12...
Tag this Judgment!Commissioner of Income Tax Vs. Kailash NaraIn GuptA.
Court: Allahabad
Decided on: Feb-13-1997
Reported in: (1997)142CTR(All)468
BY THE COURT :The Tribunal, Allahabad has referred the following question stated to be of law and to arise out of its order dt. 17th December, 1979 passed in ITA Nos. 295 and 296 of 1979 for the asst. yrs. 1975-76 and 1976-77 :'Whether on the facts and in the circumstances of the case, the income from the house property in question could not be included in the total income of the assessee individual in each of the years under reference ?'We have heard Sri Shekhar Srivastava, Standing Counsel on behalf of the Department. None has appeared on behalf of the assessee.2. For the assessment years under reference, the assessee filed two sets of returns, one in the status of individual and the other in the status of HUF, consisting of himself as Karta, his wife and minor children. In the returns filed in the status of HUF, income from certain house property was declared. The ITO assessed the income from house property in the case of the HUF as a protective measure and for the reasons given in ...
Tag this Judgment!Commissioner of Income-tax Vs. Noor Mohd. and Co.
Court: Allahabad
Decided on: Feb-13-1997
Reported in: (1998)144CTR(All)408
BY THE COURT :This is a reference under S. 256(1) of the IT Act by the Tribunal, Allahabad, arising out of ITA No. 1465 of 1978-79 for the asst. yr. 1971-72 referring the following question for our opinion :'Whether, on the facts and in the circumstances of the case, was the Tribunal legally correct in confirming the order of the CIT(A), directing the ITO to exclude income for latter period i.e. from 30th June, 1970 to 15th August, 1970 and allow registration to the firm'.2. We have heard Sri Shekhar Srivastava, Standing Counsel for the Department, and Sri Rakesh Ranjan Agarwal for the assessee.3. The assessee is a firm, the accounting year of which for the asst. yr. 1971-72 ended on 15th August, 1970. One of the partners of the assessee firm, namely, Shri Rabab Ali, died on 29th June, 1970. The firm closed its accounts on the death of the partners and claimed assessment in respect of the income earned by the firm for 10-1/2 months for the period between 15th August, 1969, and 29th Jun...
Tag this Judgment!Ram Chandra Pandey Vs. District Administrative Committee U.P. Primary ...
Court: Allahabad
Decided on: Feb-06-1997
Reported in: 1998(1)AWC125; (1997)3UPLBEC1747
R.A. Sharma, J.There being conflicting decisions of this Court regarding power of the Member/Secretary of the District Administrative Committee to suspend a member of the centralised service in the absence of prior decision of the District Administrative Committee (hereinafter referred to as the District Committee) to initiate, the disciplinary proceedings. Division Bench has referred the controversy to Full Bench for resolving the conflict. As the Division Bench did not frame any question of law and has referred ail the cases to Full Bench for decision, the learned counsel for the parties, apart from the aforesaid main issue, have also raised the following other questions :(i) Whether prior concurrence of the Assistant Registrar is a condition precedent for suspending a member of the centralised service even if the order of suspension has been passed by a Member/Secretary of the District Committee, who himself is the Assistant Registrar? (ii) Whether the District Committee can suspend...
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