Allahabad Court February 1998 Judgments
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Mohd. Umar Vs. Nagar Palika Khatima, Nainital and Others
Court: Allahabad
Decided on: Feb-10-1998
Reported in: 1998(1)AWC764
D.S. Sinha, J.1. Heard Sri Diwakar Ram Sharma. holding brief of Sri Rahul Sripat, learned counsel of the petitioner and Sri O. P. Singh. learned standing counsel representing the respondent Nos. 4 and 5. No body appears for the remaining respondents though the case has been taken up on revision of the cause list.2. The learned counsel appearing for the parties jointly pray and agree that Instant petition may be disposed of finally though it has not been admitted formally. Accordingly, the Court proceeds to do so.3. An amount of Rs. 19.350 is sought to be realised from the petitioner through the citation dated 9.7.1991 Issued by the respondent No. 5, a photostat copy whereof is Annexure-IV to the petition.4. According to the averments made in the writ petition, the petitioner was awarded a contract by Nagarpalika of Khatima district Nainital, respondentNo. 1 for collection of slaughtering fee in the slaughter house of Khatima, district Nainital for a consideration of Rs. 29.000. In the ...
Arun Kumar JaIn Vs. U.P. Financial Corporation, Bulandshahr and Anothe ...
Court: Allahabad
Decided on: Feb-10-1998
Reported in: 1998(2)AWC957
D.S. Sinha, J.1. Heard Sri Faujdar Rai, learned counsel appearing on behalf of petitioner and Sri A. K. Gaur, learned counsel representing the respondent Nos. 1 and 2.2. Learned counsel appearing for the parties jointly pray and agree that instant petition may be disposed of at the admission stage it self notwithstanding the fact that it has not been admitted formally. In view of the above request and the fact that requisite affidavits between the parties have been exchanged and the case is ripe for hearing. Court proceeds to dispose of the petition finally.3. From the pleading contained in the petition, it appears that an industrial concern identified by No. E-24, situate at Sikandarabad Industrial Area, Sikandarabad was taken over by the U. P. Financial Corporation (hereinafter referred to as the Corporation) in exercise of it s powers under Section 29 of the State Financial Corporations Act, 1951 and was transferred to one Sri Vipin Kumar Jain on certain terms and conditions for a c...
Nagina Vs. Dy. Director of Consolidation, Padrauna, Decoria and Others
Court: Allahabad
Decided on: Feb-10-1998
Reported in: 1998(2)AWC944b
Sudhir Narain, J.1. This writ petition is directed against the order passed by the Consolidation Officer on 16.11.1987 expunging the name of the petitioner from the revenue record and the order passed by the Deputy Director of Consolidation on 16.8.1989 affirming the said order in the revision.2. The consolidation proceedings started in the village Bhathwa, Tahsil Padrauna. district Deoria. The consolidation Lekhpal submitted report stating therein that the Consolidation Officer by his order dated 24.4.1982 left the plot No. 846 area 0.14, plot No. 847 area 0.17 and plot No. 848 area 0.07 decinal, for Abadi purpose. This order was incorporated in C.H. Form 23, Part 3. These plots were given new No. as plot No. 343 area 0.35 decimal. In C.H. Form 41, it was indicated as plot No. 343 area 0.38 and recorded as Naveen Parti and was marked in Khata No. 267 but latter on a fraudulent entry was made making it Khata No. 97 in C. H. Form No. 45. This plot No. 343 area 0.35 decimal was shown in ...
Mohd. Umar and Another Vs. Iind Additional District Judge, Moradabad a ...
Court: Allahabad
Decided on: Feb-10-1998
Reported in: 1998(2)AWC1045
J.C. Gupta, J. 1. Since counter-affidavit and rejoinder-affidavit have been exchanged and with the agreement of the parties' counsel this writ petition is disposed of finally.2. This is tenant's writ petition against the judgment and order dated 20.9.1997 passed by respondent No. 1 deciding Rent Control Appeal No. 14/96 connected with Rent Control Appeal No. 15 of 1996 arising out from judgment and order, dated 24.2.1996 passed by the Prescribed Authority, Moradabad, respondent No. 2 in P.A. Case No. 102/94 connected with RA. Case No. 103/94.3. The dispute relates to two shops which are in the tenancy of petitioner Nos. 1 and 2 respectively. Respondent No. 3 is the landlady.4. The family of the landlady consisted of self, her husband and three sons, namely Mohd. Subhan Khan, Mohd. Usman Khan and Mohd. Farhan Khan. Jn the year 1992, the landlady applied for the release of the disputed shops on the ground that they are genuinely required for the bona fide need of her two sons Mohd. Usman...
Krishna Kumar Mishra Vs. Chancelor, Kashi Vidyapeeth, Varanasi-cum-gov ...
Court: Allahabad
Decided on: Feb-10-1998
Reported in: 1998(2)AWC1428
S.H.A. Raza and Bhagwan Din, JJ. 1. The factual matrix in short compass as set out in the writ petition is that a post of Lecturer in the Education Department of Kashi Vidyapeeth, Varanasi, was advertised. In pursuance of the said advertisement, the petitioner applied for the post. According to the admitted case of the parties, the petitioner's academic record was under :High School II 56 per centInter II 49 per centB.Sc. III 43.2 per centB.Ed. III 53.2 per cent (In theory)85.5 per cent (In practical)M.Ed. II 57.3 per cent The petitioner also possess M.Phil. degree. 2. The petitioner appeared before the Selection Committee and his name was recommended for appointment on the post of Lecturer in the Education Department. The Executive Council did not agree with the recommendation and the matter was referred to the Chancellor. The Chancellor in his order communicated that the Selection Committee was properly constituted but as the petitioner did not possess the consistently good academic ...
Mangal Singh Vs. Ivth Additional District Judge, Varanasi and Others
Court: Allahabad
Decided on: Feb-10-1998
Reported in: 1998(3)AWC1977
B.Dikshit, J. 1. This writ petition is directed against an order passed by IVth Additional District Judge, Varanasi on an application of the petitioner in revision filed under' Section 18 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 [in short 'Act') wherein the petitioner claimed that revision stands abated for want of substitution of legal representatives of Bal Mukund Singh, who was an opposite party in revision before Court below. The petitioner claims himself as legal representative as well as son of Bal Mukund Singh.2. Learned counsel for petitioner argued that proceedings in revision abated as no application for substituting the legal representatives of Bal Mukund was moved within one month from the date of his death, as contemplated under Rule 25 (1) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules. 1972. The learned counsel relied on the cases of Ram Naresh Tripathi v. IInd Additional Civil Judge, Kanpur, 1980 AWC 558 an...
Commissioner of Income-tax Vs. B.D. Pandey
Court: Allahabad
Decided on: Feb-10-1998
Reported in: [1998]231ITR259(All)
R.K. Gulati, J. 1. At the instance of the Commissioner of Income-tax, Kanpur, the Income-tax Appellate Tribunal, Allahabad, has referred the following question of law for the opinion of this court, under Section 256(1) of the Income-tax Act, 1961 (for short 'the Act') :'Whether, on the facts and in the circumstances of the case, and on a correct interpretation of Section 16 of the Income-tax Act, 1961, the Appellate Tribunal was justified in holding that the assessee was entitled to separate standard deductions in respect of each of the two employments ?'2. We have heard Sri R. K. Agarwal, learned standing counsel for the Income-tax Department. No one is present for the respondent-assessee, although the case was taken up in the revised list.3. The dispute pertains to the assessment year 1978-79. During the previous year relevant to the assessment year in question, the assessee received salary from two different employers. For the period June 1, 1977, to October 13, 1977, he received sa...
Hingu and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Feb-10-1998
Reported in: 1998CriLJ4154
ORDERG.S.N. Tripathi, J.1. This appeal arises out of the Judgment and order dated 14-12-79 passed by the then IInd Addl. Sessions Judge, Shahjahanpur in S.T. No. 507 of 1978, State v. Hingu. By virtue of this order, the learned trial Court has found the appellants Hingu and Ashfaq appellants guilty of the charge under Section 307 IPC, read with Section 34. IPC and eonvicted them accordingly under Section 307, IPC and sentenced them to undergo R. I. for 5 years. Co-accused Rashid and Firasat were extended the benefit of doubt and acquitted. The State has not filed any appeal against the order of acquittal granted to the two accused aforesaid. The present appellants have filed this appeal.2. The prosecution case started on the basis of a FIR (Exhibit Kal), dated 11-2-77 filed by Mohd. Nazmi Khan at Post Kotwali, Shahjahanpur. He has alleged that on 11-2-77, his brother Mohd. Muin was seeing the Mela of Chhehlum. He was accompanied by Shakil, Mohd. Babu Jai and Kamil. Anjum's friend appel...
Vidya Vinod Alias Chunnulal and Etc. Vs. State of U.P.
Court: Allahabad
Decided on: Feb-10-1998
Reported in: 1998CriLJ3318
ORDERP.K. Jain, J.1.These four criminal revisions raise common question of law which is whether in view of the provisions of Section 16 of the-Prevention of Food Adulteration Act as amended by Amending Act No. 34 of 1976 lesser punishment can be awarded by the Courts if the accused has been deprived of his rights to have a speedy trial as enshrined in Article 21 of the Constitution of India. Therefore, all these revisions are being disposed of by common Judgment.2.In Criminal Revision No. 120 of 1983 the facts are that the revisionist was convicted by the trial court under Sections 7/16 of the Food Adulteration Act (hereinafter called 'the Act') and was sentenced to undergo rigorous imprisonment for. pine months and pay a fine of Rs. 1500/- and in default of payment of fine to undergo further rigorous imprisonment for six months. In appeal against the Judgment and order dated 1,4-7-82 passed by the trial Court, the appellate Court affirmed the findings of guilt against the appellant bu...
Ranjeet Singh and ors. Vs. State
Court: Allahabad
Decided on: Feb-10-1998
Reported in: 1998CriLJ4145
N.S. Gupta, J.1. Accused appellants Ranjeet Singh, Dalip Singh and Bharat Singh, who are real brother and are resident of village Sem, Patwari Circle Siresain Tahsil Karan Prayag, District Chanioli, were convicted vide order dated 17-9-1988 by Sri O.N. Asthana, the then Sessions Judge, Chamoli under Sections 302/34, I.P.C. regarding murder of Khushal Singh and were sentenced to imprisonment of life, have come up in appeal before his Court. 2. According to the prosecution, on 20-8-1987, at about 8.45 p.m. Bachchi Ram PW 6, who was then working as Gram Pradhan, had called certain villagers including Darwan Singh PW 1, Rajendra Singh son of Udai Singh, Tota Ram PW 4 etc. and informed that the deceased Kushhal Singh was murdered by the accused appellants Ranjeet Singh, Dalip Singh and Bharat Singh. A lot of blood was following in the court-yeard of this Pradhan where the deceased was lying dead. On the asking of Gram Pradhan, Darban Singh PW 1, Rajendra Singh, son of Udai Singh, tota Ram P...
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