Allahabad Court September 1997 Judgments
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Shyam Singh and ors. Vs. Meerut Mandal Vikas Nigam and ors.
Court: Allahabad
Decided on: Sep-22-1997
Reported in: AIR1998All127
R.R.K. Trivedi, J. 1. This special appeal from the order dated 29th January, 1993, passed by learned single Judge in Civil Misc. Writ Petition No. 2743 of 1993, has been preferred by petitioners of the writ petition questioning the legality of the order by which decision of the Taxing Officer requiring petitioners to pay deficient Court-fee has been maintained. . 2. The facts giving rise to this appeal are that the appellants were employed under the Meerut Mandal Vikas Nigam, hereinafter referred to as 'Nigam'. The orders were served separately on all petitioners for retrenchment of their services. The reason for the retrenchment stated in the order was resolution No. 2 dated 4th September, 1992 of the Board of Directors of the Nigam directing to close the activities of Nigam and to retrench employees, as their services are not required and the services of the petitioners shall come to an end on expiry of one month i.e. on 30th November, 1992. There is no dispute about the fact that th...
Ram Kumar Vs. State of U.P.
Court: Allahabad
Decided on: Sep-22-1997
Reported in: 1998CriLJ1267
G.P. Mathur, J.1. Ram Kumar has preferred this appeal from Jail against the judgment and order dated 16-1-1990 of Sri S. N. Singh, Sessions Judge, Uttar Kashi, by which, he has been convicted under Section 302, I.P.C. and has been sentenced to imprisonment for life.2. A written F.I.R. was lodged at 1 p.m. on 13-5-1989 at P. S. Dharasu by Abdul Hameed alleging that his brother Sadik Ahmed was working as tailor. At about 12.15 p.m. the appellant Ram Kumar, who was working as chaukidar in the Electricity Department, came to the room of Sadik Ahmed and assaulted him by a garasa. The incident was seen by Imam Bano and Johra Khatoon and when they raised an alarm Ram Kumar ran away from the place of occurrence and entered into quarter No. D.T. 57. Some police personnel and public men arrived at the scene and caught hold of Ram Kumar along with the Garasa. The condition of Sadik Ahmed was precarious and he had been carried to Uttar Kashi Hospital. On the basis of the F.I.R. a case was register...
Arvind Kumar Mehrotra Vs. Smt. Kiran Mehrotra and Another
Court: Allahabad
Decided on: Sep-18-1997
Reported in: 1998(1)AWC184; 1998CriLJ1968
S.K. Phaujdar, J.1. The present application under Section 482. Cr. P.C. has been filed with a prayer for quashing the proceedings in Complaint Case No. 3494 of 1995, Kiran Mehrotra v. Arvind Kumar Mehrotra, pending in the Court of Vlth Addl. C. M. M, Kanpur Nagar. On presentation of the application, further proceedings were stayed for certain period and the stay order was extended from time to time and it is in operation till the date of this judgment.2. Respondent No. 1 appeared and in addition to other points, she took up a plea of maintainability of the application in view of the fact that the applicant had challenged this very proceeding before the Lucknow Bench of this High Court. Papers, however, have been filed to indicate that on 26.2.1997. the application before the Lucknow Bench in Criminal Misc. Case No. 342 of 1996 was allowed to be withdrawn with liberty to Arvind Kumar Mehrotra to file a fresh application before the competent court.3. Respondent No. 1 filed the complaint ...
Smt. Dropadi Devi Vs. Shyam Lal and Others
Court: Allahabad
Decided on: Sep-18-1997
Reported in: 1998(1)AWC218
Mrs. Shobha Dikshit, J.1. This writ petition is directed against the judgment and order dated 3.7.1986 passed by 1st Additional District Judge, Kheri contained in Annexure 9 by which the judgment and order dated 3.3.1986 passed by the Prescribed Authority has been set aside and the case has been remanded back to the Prescribed Authority with a direction to redetermine the question of comparative hardship likely to be caused to either of the parties. Aggrieved by the aforesaid judgment, the petitioner-landlady has preferred the instant writ petition and the tenant also preferred Writ Petition No. 5232 of 1986. Writ Petition No. 5232 of 1986 preferred by the tenant has been dismissed in default and the arguments in the present writ petition were heard.2. The brief facts of the case are that the petitioner Smt. Dropadi Devi filed an application under Section 21 (1) (a) of U. P. Act No. 13 of 1972 for release of the disputed shop in the tenancy of the respondent one Banwari Lal for bona fi...
Azizul Rehman Vs. District Magistrate, Deoria and Another
Court: Allahabad
Decided on: Sep-18-1997
Reported in: 1998(1)AWC223
D.K. Seth, J.1. The petitioner has been suspended by an order dated 13.6.1997, being Annexure T to the writ petition. Learned counsel for the petitioner assails the said order on the ground that it does not appear from the said order that the inquiry is contemplated. Under rule 49A the suspension order can be issued only when inquiry is contemplated or is pending. Therefore, according to him the order of suspension is bad and is liable to be quashed. He also contends that the order of suspension has been passed malafide.2. Learned Additional Chief Standing Counsel Sri D. R. Chaudhary, contends that the very expression used presupposes that the inquiry is contemplated though in so many words, it has not been specified. The absence of the words that inquiry is contemplated would not render the order void. According to him this is purely technical defect which should not be given much importance. It is the substance of the order which is to be looked into and decided as to whether the inq...
Ram Kishan and Another Vs. Chairman, U.P. State Electricity Board, Luc ...
Court: Allahabad
Decided on: Sep-18-1997
Reported in: 1998ACJ899; 1998(1)AWC707
ORDERR.R.K. Trivedi and M. Katju, JJ.1. Heard Sri R. R. Singh, learned counsel for the petitioners and Sri S. P. Mehrotra, learned counsel for the respondent Nos. 1 to 3.2. This petition has been filed for a direction to the respondents to pay damages to the petitioners to the extent of Rs. 2.00.000 (rupees two lacs) to each petitioner as compensation on account of death of Arunendra Kashyap who died on account of electrocution as a live electric wire touched his body while he was going on a bicycle near polytechnic at Rampriya road.3. After hearing learned counsel for the parties, in our opinion, the petitioners have a remedy under the Public Liability Insurance Act. 1991 before the Collector of the district as held by this Court in U. P. State Electricity Board it. D. M., Dehradun, 1997 (2) UPLBBC 1344. For this purpose, they may make an application under the aforesaid Act which shall be considered and decided expeditiously in accordance with law within a period of one month from the...
Radhey Shyam Vs. Sushil Kumar Kanaujia and ors.
Court: Allahabad
Decided on: Sep-18-1997
Reported in: 1998CriLJ1299
ORDERI.M. Quddusi, J.1. Heard the learned counsel for the petitioner.2. The present contempt petition has been filed with the prayer that this Court may punish the opposite parties in accordance with law for disobeying the judgment and decree of the civil Court dated 13-8-1997.3. The brief facts of the case are that the father of the applicant filed a suit for permanent injunction against the opposite parties including Gaon Sabha and State of Uttar Pradesh for restraining them by a perpetual injunction from interfering in the possession of the plaintiff. An ex parte decree was passed in his favour on 31 -1 -1985. This was regarding plot No. 554 area 4.7 Biswas of village Patpatia Taluqa Ashao, Pargana Tahsil and district Bhadohi. Thereafter the Deputy Collector Bhadohi passed an order on 13-8-1997 on the application of the Pradhan of the village on the basis of the report of the Lekhpal in case No. 32 of 1997 to the effect that the enquiry has been made and the application for restorat...
Rajesh Rai Vs. State of U.P.
Court: Allahabad
Decided on: Sep-18-1997
Reported in: 1998CriLJ4163
ORDERS.K. Phaujdar, J.1. The matter was heard yesterday in the presence of Sri Satish Trivedi for the applicant, Sri. J.S. Senger for the complainant and the learned AGA for the State.2. The applicant Rajesh Rai stood prosecuted on the basis of an FIR lodged by Sri Shambhu Nath Chopra, an advocate on this High Court, on 27-5-1997 at Civil Lines Police Station Allahabad. It was stated in the FIR which was lodged at 9.50 p.m. that at 9.45 p.m. that night he was attacked by some goondas outside his office near Yatrik Hotel. It was stated, naming the applicant and one Atiq, that the complainant was assaulted by them with hockey-sticks and lathis with a view to kill him. In the F.I.R. a prayer was made to the police for protection of his life and property and for restoration of possession of his office. It was alleged that the goondas wanted to take forcible occupation of his office.3. The learned counsel for the applicant referred to the injury report of the learned advocate to say that th...
Nanhakoo and ors. Vs. State
Court: Allahabad
Decided on: Sep-18-1997
Reported in: 1998CriLJ2890
B.K. Sharma, J.1. This criminal appeal is preferred against the judgment and order dated 24-5-1980, passed by Shri N.S. Shamsheri the then Vlth Addl. Sessions Judge, Varanasi in S.T. No. 233 of 1978, whereby he convicted accused-appellant Pyare of the offence under Section 304 part-II I.P.C. and sentenced him to undergo five years R.I. and convicted the remaining accused-appellants Nanhkoo, Shankar and Daroga of the offence under Section 323/34 I.P.C. and sentenced each one of them to undergo six months R.I. each.2. The prosecution story was that on 1-4-77 at 8 a.m. the informant Dasu was grazing his cattle in the field of Chandrama which adjoins the field of Munshi, the deceased, in village Dhanariya Maufi police station Chakia, district Varanasi, that Chandrama, Vishwanath and Lachhman were also grazing their cattle in the same field, that Munshi (deceased) and his mother Smt. Bhagmani were harvesting wheat crop in their field, that a she-buffalo of Nanhkoo accused-appellant trespass...
Smt. Geeta Singh Vs. State Election Commissioner, Panchayat and Local ...
Court: Allahabad
Decided on: Sep-17-1997
Reported in: 1998(1)AWC203
D.P. Mohapatra, C.J.1. The decision of those cases depends on interpretation of certain relevant provisions of the U. P. Kshettra Panchayats and Zila Panchayats Adhintyam, 1961 (hereinafter referred to as the Act) and its interaction with the relevant provisions of the U. P. Zila Panchayats (Election of Adhyaksha and Upadhyaksha and Settlement of Election Disputes) Rules, 1994 (hereinafter referred to as the Rules).2. The controversy raised in these cases relates to the election of Adhyaksha of Gonda Zila Panchayat. The main contesting parties in the dispute are Smt. Geeta Singh, who has during the pendency of the cases, been declared elected as a Member of the Zila Panchayat, Gonda from Constituency No. 29, Rupai Deeh, District Gonda on 22.12.1996 and Smt. Seema Pandey, who contested the election of Adhyaksha of Zila Panchayat, Gonda, result of which is yet to be declared. The State Election Commission, Panchayat and Local Bodies U. P., through Election Commissioner, the District Elec...
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