Allahabad Court September 1997 Judgments
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Ramashraya and Etc. Etc. Vs. District Panchayat Raj Officer and anr.
Court: Allahabad
Decided on: Sep-01-1997
Reported in: AIR1998All87; (1997)3UPLBEC1872
ORDERS.H.A. Raza, J. 1. Since in all the above mentioned writ petitions, the question, facts and law involved are common, thus, the same are being disposed of by a common judgment. However, writ petition No. 27562 of 1997 shall be the leading case.2. According to an Old fable a 'Jin' even if killed, takes another form and shape and lives for ever. One would have thought that after the decision in Haji Ghafoor Bux v. State of U.P., (1991) 1 UPLBEC 505, writ petition No. 6091 of 1990 and writ petition No. 2832 of 1990, decided on 19-2-1991 and similar writ petitions by the Division Bench of this Court, sitting at Lucknow, in which I was a member, finally set at rest the controversy, that the elected members of the Municipal Board may pass a vote of non-confidence against the President of the Board, who has been directly elected by the registered voters of the city and in that regard the vague concept of democracy that a person direetly elected by the electorates could only be dislodged b...
Pawan Kumar JaIn Vs. Pradeshiya Industrial and Investment Corporation ...
Court: Allahabad
Decided on: Sep-01-1997
Reported in: AIR1998All57
Palok Basu, J.1. The petitioner Pawan Kumar Jain admittedly a guarantor on behalf of respondent No. 4 M/s. Shri Gayatri Alloy Steels Pvt. Ltd. has challenged the citation dated 7-8-1997 for the sum of Rs. 2,02,22,741.99 paise which has been issued in accordance with the provisions contained in the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 (for short the Recovery Act).2. Shri Ravi Kiran Jain assisted by Shri Pramod Kumar Jain has been heard at great length in support of this writ petition. Shri Murli Dhar, learned senior Advocate has argued the matter on behalf of the Paradeshiya Industrial Investment Corporation of U. P. Ltd. (for short, PICUP). Since the time ran out, in-fact the arguments proceeded and concluded for about half an hour more than the Court hours, the writ petition was dismissed with the order :--'For the reasons to be furnished on Monday the 1st September, 1997, the writ petition is dismissed summarily.'Hence the reasons are supplied.3. Shri Ravi Kiran J...
Daya Shankar Tewari Vs. Chief of Army Staff and ors.
Court: Allahabad
Decided on: Sep-01-1997
Reported in: (1999)IIILLJ566All
S.R. Singh, J.1. Special Appeal No. 132 of 1997, as initially filed, was directed against the judgment and order dated November 27, 1996, disposing of Civil Misc. Writ Petition No. 13885 of 1995 studded with certain observations and the order dated February 5, 1997, dismissing Civil Misc. Review Application No. 655 of 1996 seeking review of the Judgment dated November 27, 1996. When Special Appeal No. 132 of 1997 came up before the Court on March 18, 1997, it was felt that these two orders could not he lumped together for being challenged in one single appeal and hence, to clear the road-block about the maintainability of a single appeal against two orders, the petitioner prayed for and was granted time to file separate appeal impugning the judgment/order dated November 27, 1997 attended with an application for condonation of delay. The appellant, thereafter, filed Special Appeal No. 154 of 1997 against the judgment dated November 27, 1996. Both these appeals as they were intertwined, ...
Sangam Kumar Vs. Sub-divisional Magistrate and anr.
Court: Allahabad
Decided on: Sep-01-1997
Reported in: 1998CriLJ2096
ORDERS.K. Phaujdar, J. 1. Through this application under Section 482 Cr. P. C. the applicant has prayed for quashing two orders of the respondent No. 1 dated 28-7-1977. These orders were passed in purporting exercise of the power of the Magistrate under Section 145 Cr. P. C. as per Annexures 7 and 8 to the affidavit in relation to Case No. 11 of 1997 between Chameli Devi and Sangam Kumar.2. The husband of Chameli Devi made a report to the District Magistrate, Sonbhadra, in his capacity as member of Human Rights Commission on 28-7-1997. This report was forwarder to the Sub-Divisional Magistrate, Robertsganj and thereupon the impugned orders were passed.3. It was stated in mis application that a shop in the main market of Robertsganj was under the ownership and possession of Chameli Devi through her son and through a tenant in another portion. On 25-7-1997 about 3 p.m. when the son of the applicant and said tenant were away to their houses for mid-day meals and the shops were lying close...
Ram Chandra Tewari and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Sep-01-1997
Reported in: 1998CriLJ1288
K.D. Shahi, J.1. Appellant Ram Chandra Tewari has been convicted under Section 302 read with Section 34, I.P.C. and sentenced to death for having murdered his wife while appellant Smt. Munni Devi has been convicted under Section 302 read with Section 34, I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs. 20,0007-. They have further been convicted under Section 201 read with Section 34, I.P.C. and sentenced to five years' R.I. and a fine of Rs. 2,000/- each. They have also been convicted under Section 498-A, I.P.C. and sentenced to 3 years' R.I. and a fine of Rs. 500/- each and in default of payment of fine to undergo further imprisonment for three months' R.I. All the sentences have been directed to run concurrently. The learned Sessions Judge has also made a reference for the confirmation of the death sentence awarded to appellant Ram Chandra Tewari.2. The brief facts of the case are that the informant Prem Sagar Dwivedi, owner of Avadh Medicines Aminabad, Lucknow ...
Ashiq Lal Vs. State of U.P.
Court: Allahabad
Decided on: Sep-01-1997
Reported in: 1998CriLJ1972
N.S. Gupta, J.1. Appellant Ashiq Lal was convicted by Sri J.M. Srivastava, the then III Addl. Sessions Judge, Fatehpur vide his judgment and order dated 6-8-1980 and was sentenced to 7 years R.I. under Section 304, (II), I.P.C. Feeling aggrieved by the said judgment, he has come up in appeal before (his Court.2. The prosecution story, briefly stated, is as follows :One Banwari had three wives. The eldest was Smt. Ralaniu, second was Smt. Nanki P.W. 1 and the third was Smt. Maharajiya deceased. He had no son out of any of these three wives. The first wife Smt. Ratania died long ago. Smt. Ratnia left behind her two daughters namely, Smt. Sukhi and Jaggi. The accused appellant Ashiq Lal was the son of Sukhi. The other accused Kishori Lal, (who has since been acquitted by the trial Court itself) was the son of Smt. Jaggi Banwari died about two years prior to the occurrence of this case some where in the year 1976. He left behind Smt. Nanki PW 2 and deceased Smt. Maharajiya as his surviving...
Rajdoot Paints Ltd. Vs. Asstt. Collr. of C. Ex.
Court: Allahabad
Decided on: Sep-01-1997
Reported in: 1998(104)ELT13(All)
ORDER1. Heard Counsel for the parties.2. Petitioners seek quashing of the impugned show cause notice dated 3-2-1994, Annexure II to the writ petition, issued by the Adjudicating Authority.3. Petitioner No. 1 is engaged in the business of manufacture of dry distemper. In the impugned notice, it is stated by the Adjudicating Authority that since the petitioner has been using Carboxi-Methyle-Cellulose, which is excisable commodity and does not fall in the Schedule, set out in the exemption notification, Annexure I to the writ petition, in the binding agent, it is not entitled to exemption under the notification.4. From a perusal of the writ petition and the averments made in the counter affidavit, it is clear that rival contentions of the parties give rise to disputed facts, adjudication of which requires investigation and, therefore, no interference is warranted with the impugned show cause notice at this stage.5. The writ petition is, therefore, dismissed in limine with the observation ...
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