Allahabad Court January 1998 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Pitamber and Another Vs. Board of Revenue, Allahabad and Others
Court: Allahabad
Decided on: Jan-13-1998
Reported in: 1998(2)AWC842
Sudhir Narain, J.1. This writ petition is directed against the order of the Board of Revenue dated 30.7.1997, whereby it has remanded the case to the trial court to decide the rights of the parties on merits.2. The facts in brief are that the petitioners instituted Suit No. 4 of 1995 on 3.8.1995 in respect of the properties relating to village Shamaspur Panju, Pargana and Tahsil Sahaswan, district Budaun and Suit No. 5 of 1995 in respect of properties of village Yahiyapur, Pargana and Tahsil Sahaswan, district Budaun under Section 22B of U. P. Zamindari Abolition and Land Reforms Act in the Court of Sub-Divisional Officer against Smt. Hira Devi alleging that she had remarried with Siya Ram. The petitioners being brothers of Bihari, after remarriage of Smt. Hira Devi succeeded to the rights of Bihari. The notices were issued to Smt. Hira Devi. The summons were returned unserved. The notices were sent by registered post but neither the envelope nor acknowledgment due were received back.3...
Taj Mahal Hotel, Lucknow Vs. Lucknow Nagar Nigam and Others
Court: Allahabad
Decided on: Jan-13-1998
Reported in: 1998(2)AWC879
R.H. Zaidi, J.1. By means of this petition under Article 226 of the Constitution of India, petitioner prays for Issuance of a writ, order or direction in the nature of certiorari quashing the order dated 16.12.1997 passed by XVth Addl. District Judge, Lucknow dismissing the application for grant/extension of interim order in Misc. Appeal No. 246/97. and for quashing the notices of demand dated 13.12.1996. 23.12.1997, and 27.12.1997. contained in Annexure Nos. 2. 14 and 15, to the writ petition.2. It appears that on 19.10.1996 annual value of the building of M/s, Taj Mahal Hotel. Gomti Nagar, Lucknow was assessed by respondent No. 2 at Rs. 38.35,620, i.e., 7% of 5,45.947.20 p., in exercise of powers under U. P. Municipal Corporation Adhlniyam. 1959 (for short, the Adhintyam), thereafter a notice of demand dated 13.12.1996 was served upon the petitioner. Petitioner challenging validity of the order dated 19.10.1996 and notice dated 13.12.1996. filed an appeal under Section 472 of the Adh...
Asharfi Lal (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Jan-13-1998
Reported in: 1998CriLJ2386
ORDERG.S.N. Tripathi, J.1. This revision has been directed against the order dated 19-2-96 passed by the Ist Add. C. J. M., Allahabad in Criminal Case No. 3565 of 1994, State v. Asharfi Lal, whereby he has held the accused guilty of the charge under Section 7/16 of the Prevention of Food Adulteration Act and awarded him to undergo one year's R. I. and pay a fine of Rs. 2,000/-. On failure to pay the fine, one month's additional R. I. has been awarded and the order dated 21-10-97 passed by the Special Judge, Allahabad in Criminal Appeal No. 14/1996, whereby the learned appellate Court has confirmed the judgment and order passed by the learned trial Court.2. By way of this revision, the aforesaid two judgments are sought to be set aside and further requires that accused may be held innocent and acquitted.3. Admittedly, on 9-4-88, at about 5.45 p.m., a sample of Khesari Dal was purchased by the Food Inspector and after completing the formalities on the spot, one sample was sent to the Pub...
Chandra Pal Singh Vs. Deputy Director of Education, Varanasi and Other ...
Court: Allahabad
Decided on: Jan-12-1998
Reported in: 1998(1)AWC653; (1998)2UPLBEC1457
S. K. Phaujdar, J.1. Through the present writ petition, the petitioner prayed for a direction for quashing an order Issued by respondent No. 4 fixing his pension at Rs. 288, w.e.f. 1.1.86. A further prayer was made for a direction in the nature of mandamus commanding the respondents to fix the pension of the petitioner at Rs. 553, w.e.f., the aforesaid date. Prayer was also made for the unpaid arrears calculated at the rate of the pension of Rs. 553 together with interest at the rate of 18 per cent per annum for the sum unduly withheld. The matter was heard finally at the admission stage itself as the respondents had appeared and filed counter-affidavit and had contested the claim.2. It was indicated in the writ petition that the petitioner completed 35 years of continuous service as a teacher and principal in Kunwar Singh Inter College. Ballia, and retired on superannuation on 2.6.70. Under the Triple Benefit Scheme, his monthly pension fixed at Rs. 75 only without any reference to hi...
State of U.P., Through Excise Commissioner, Allahabad Vs. Government o ...
Court: Allahabad
Decided on: Jan-12-1998
Reported in: 1998(1)AWC718
S.L. Saraf, J.1. The dispute between the parties in the present writ petition arises out of Homeodent Tooth Paste manufactured by M/s. Dabur India Ltd., and distributed by M/s. Sharda Bairon Lab., Ltd., Ghaziabad as to whether the same is taxable under the Medicinal and Toilet Preparation (Excise Duties) Act, 1955 or under the Central Excises and Salt Act, 1944. Initially, the Homeodent Tooth Paste was made taxable under the Central and Excises Salt Act, 1944. Subsequently, in the year 1988, it was made taxable by the District Excise Officer under the Medicinal and Toilet Preparation (Excise Duties) Act, 1955. By an order dated 17th March, 1988, a sum of Rs. 68,30,134.20 as duty, was directed to be deposited under the Medicinal and Toilet Preparation Act, 1955. The said order was finally confirmed by the District Excise Officer holding that both M/s. Dabur India Ltd., Ghaziabad and M/s. Sharda Bairon Lab., Ltd., Ghaziabad were severally and jointly liable to pay the said amount. The ma...
Sajid HussaIn and Another Vs. District Basic Shiksha Education Officer ...
Court: Allahabad
Decided on: Jan-12-1998
Reported in: 1998(1)AWC745
G.P. Mathur, J.1. The appellants No. 1 and 2 were appointed as Assistant Clerk/Routine Clerk in Nagar Palika, Badaun on 30.1.1968 and 30.6.1971 respectively. By the order dated 30.6.1997, appellant No. 1 was transferred to Pilibhit and appellant No. 2 was transferred to Shahjehanpur. The transfer order was challenged by the appellants by filing Writ Petition No. 21867 of 1997 which was disposed of by this Court on 15.7.1997 with the direction that they may make a representation against their transfer order to the Assistant Director of Education (Basic), Bareilly, which shall be disposed of within one month from the date of making representations. The appellants made representations which have been decided by the Assistant Director on 10.11.1997 and a direction has been issued to the District Basic Education Officer (for short B.S.A.), Badaun to transfer the appellants in the office of Up-Basic Shiksha Adhikari, Badaun. Feeling aggrieved by the aforesaid order, the appellants preferred ...
Sushil Kumar (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Jan-12-1998
Reported in: 1998(2)AWC874; 1998CriLJ2325
G.S.N. Tripathf, J.1. This criminal revision has been filed by the accused under Section 397 of the Cr. P.C. with a prayer that the Judgment and order passed by the Courts below, be set aside.2. The undisputed facts as stated in the judgments of both the Courts below are these: On 23.10.86 at about 11.30 a.m. at the place 254. Sohbatiyabagh.P. S. George Town, Allahabad, the Food Inspector Sri Chandrika Singh went to the shop of the accused, where out of other things, Dal of Arhar was being sold and exposed for sale. The Food Inspector suspected adulteration in the same and purchased 750 Cms. of Arhar Dal and paid Rs. 5.25 paisa as its price. Thereafter, he completed the legal formalities and sent the sample to the Public Analyst : who in his report dated 18.11.86 observed that Arhar Dal was adulterated and it contained 2% of Khesari Doi, which is prohibited. Secondly, the sample content showed that the prohibited type of colour was used for colouring the property in dispute. Thereafter...
Naresh Pratap Singh Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Jan-12-1998
Reported in: (1998)2UPLBEC997
G.P. Mathur, J.1. This Special Appeal has been preferred against the judgment and order dated 26.9.1995 of a learned Single Judge by which Writ Petition No. 36177 of 1991 preferred by the appellant was dismissed. The relief claimed in 'the writ petition was that a writ of mandamus be issued directing respondent No. 3 to take the writ petitioner (appellant) back in service and to appoint him permanently on the sanctioned post of gardener.2. The case of the appellant, as pleaded in the writ petition, was that he had been working regularly since 1983 on various jobs, mostly as gardener on daily wage basis with respondent No. 3. He worked till May, 1991 when his services were terminated orally. It was further pleaded that he had worked for more than 240 days in a year and he was a workman as defined in the Industrial Disputes Act. In the counter affidavit, it was asserted that the petitioner had worked on daily wages but with break in every week during the course of his service. He had not...
Mohan Lal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-12-1998
Reported in: (1998)2UPLBEC1141
G.P. Mathur, J.1. This appeal has been preferred against the Judgment and order dated 2.12.1997 of a learned Single Judge by which Writ Petition No. 40279 of 1997 filed by the appellant was dismissed.2. The appellant was a Head Constable. He was prosecuted under Sections 302/504, IPC in Case Crime No. 25 of 1988 and was ultimately convicted by the Sessions Judge (Spl. Judgd), Lalitpur, by the judgment and order dated 7.3.1994 under Section 304, Part I, IPC was sentenced to ten years R.1. in S'.T. No. 34 of 1990. The Suptd. of Police, Hamirpur by his order dated 21.6.1994 dismissed the appellant from service on account of his conviction in a criminal case. The writ petition was filed challenging dismissal from service.3. We have heard Sri K.P. Agrawal for the appellant and learned Standing Counsel for the respondents.4. At the outset, it may be pointed out that the appellant (writ petitioner) had filed Writ Petition No. 20882 of 1994 challenging the order dated 21.6.1994 by which he has...
Surendra Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-12-1998
Reported in: 1998CriLJ3367
ORDER1. The Prayer of the petitioner is to quash the first information report dated 20-12-1997 registered as Crime Case No. 65 of 1997, Police Station Lahchura, District Jhansi, as contained in Annexure 3.2. The solitary submission made by Sri. V.S. Singh learned counsel appearing in support of this petition, is that since the petitioner is already facing trial of commission of offences under the U.P. Gangsters and Anti-social Activities Prevention) Act, 1986, the impugned first information report registered under the provision of this very act for further offences was/is not permissible and that the only course left for the State is to lead evidence in regard to subsequent acts at the stage of trial of the earlier case.3. In our view Sub-section (2) of Section 8 is Complete negation of the submission of Mr. Singh, which reads thus :-If in the course of any trial under this Act of any offence, it is found that the accused has committed any other offence under this Act, or any rule ther...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 7
- 8
- Next ›
- Last »