Allahabad Court July 1998 Judgments
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Khurshid Ali Vs. District Judge and Others
Court: Allahabad
Decided on: Jul-23-1998
Reported in: 1998(4)AWC288
Aloke Chakrabarti, J.1.Challenging the orders dated 15.12.1973 and 28.5.1975 at Annexures-2 and 3 respectively to the writ petition, the petitioner came to this Court.2. The factual background involved herein is that a notice was issued under Section 4 of the U. P. Public Premises (Eviction of Unauthorised Occupants) Act. 1972, in respect of the disputed land. The petitioner preferred an objection stating that he had been in continuous possession over the disputed plots for the last 25 years and he had become Sirdar of the plots in dispute and that the said land did not constitute public premises within the meaning of the relevant Act. By order dated 15.12.1973, the Prescribed Authority directed eviction and awarded damages. The appeal was dismissed on 28.5.1975. Hence, the writ petition was filed. Petitioner also filed a supplementary affidavit disclosing that on 12.9.1975, the Secretary Board of Revenue to the Government of Uttar Pradesh issued a Government Order and thereunder the p...
Sudhir Kumar Srivastava Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-23-1998
Reported in: (1998)3UPLBEC2152
I.M. Quddusi, J.1. By means of the present writ petition the petitioner has prayed for quashing of the order dated 1.11.1995 by which his representation has been rejected by the Director, Animal Husbandry, U.P. Lucknow which is contained in Annexure-11 to the writ petition and for issuance of a writ in the nature of mandamus commanding the opposite parties to fix his scale of pay Rs. 1400-2300 or scale higher to that to which the plant mechanics/ operator such as Kapendra Singh are considered to be entitled to by the concerned Government Department and further for a direction for fixing the pay of the petitioner having regard to the length of service with effect from the date of his initial employment and for payment of the difference in the pay scales from the date of his initial employment treating the petitioner to have been fitted In the pay scale of Rs. 515-860 at the time of the initial appointment. It is further prayed that the opposite parties be directed to fix the pay of peti...
Veer Pal Singh Vs. Smt. Tilka Devi and anr.
Court: Allahabad
Decided on: Jul-23-1998
Reported in: 1999CriLJ310
ORDERS.K. Phaujdar, J.1. The petitioner has invoked powers under Section 482, Cr. P.C. for expunction of certain remarks in the judgment of the trial Court in Case No. 756 of 1983 recorded by Sri D. D. Upadhya, the then J. M. 1st Class, Nagina, district Bijnor.2. The case was instituted upon an FIR lodged by the present applicant for offences under Sections 409, 468, 471, 420, 109 and 435, I.P.C. against several persons. The applicant had also deposed as a witness before the Court below. A reading of the judgment indicates (in paragraph 7) that the Court was of the view that there was no evidence against the accused persons about setting fire to the stock of wheat. In coming to this conclusion, rather at a subsequent paragraph of the judgment, the trial Court had recorded certain observations regarding the conduct of the witnesses including the present applicant. These remarks are to be found in paragraph 8 of the judgment. A perusal of the records indicate that while the Magistrate ha...
Beni Bahadur Singh Vs. State of U. P. and Another
Court: Allahabad
Decided on: Jul-22-1998
Reported in: 1999(1)AWC810
R.H. Zaidi, J.1. Heard the learned counsel for the petitioner, learned standing counsel and also perused the record.2. By means of this petition, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 2.6.1989, whereby the claim of the petitioner for absorption on the post of Sub-Inspector in Civil Police has been rejected by the Senior Superintendent of Police, Lucknow.3. For the purposes of deciding the controversy involved in the present case. It is not necessary to state the facts of the case in detail. It will suffice to state that cases of the Head Constables of Police who were promoted to the post of Sub-Inspectors but were subsequentlyreverted to the post of Head Constables, were considered by this Court and by Supreme Court and ultimately it was directed that the Sub-Inspectors who have completed 40 years of age on 30th of September, 1984 and who have completed three years continuous service as Sub-Inspectors on 30th of...
Committee of Management, Madarsa Islamia and Another Vs. Assistant Reg ...
Court: Allahabad
Decided on: Jul-22-1998
Reported in: 1998(3)AWC1604
O.P. Garg, J.1. Heard Sri Ateeq Ahmad Khan, learned counsel for the petitioners and Sri I.R. Singh, who has put in appearance on behalf of the respondent Nos. 4 and 5.2. By means of the present writ petition, it is prayed that the order dated 6.7.1998, Annexure-1 to the writ petition, passed by the respondent No. 1 Assistant Registrar, Firms, Societies and Chits, U. P., Varanasi be quashed and the respondent Nos. 2 and 3 be directed not to pass any consequential order or to interfere in the smooth functioning of Committee of Management of which Ghulam RabbanI, petitioner No. 2 is the Manager.3. Madarsa Islamla Garaundi, Adalhat, Mirzapur is admittedly a minority institution. The election of the Committee of Management was admittedly held on 22.1.95 in which Ghulam RabbanI and Abdul Khaliq were elected as President and Manager, respectively. The term of the Committee was three years, meaning thereby, it was to expire on 21.1.1998. The committee consisted of 12 members out of which 6 wer...
Naik Ravi Pratap Singh Vs. Union of India and Others
Court: Allahabad
Decided on: Jul-22-1998
Reported in: 1998(4)AWC392
D. K. Seth, J. 1. The petitioner was subjected to District Court Marshal and awarded punishment of dismissal by order dated 15.6.1988, contained inAnnexure-4 to the writ petition along with two other punishments viz., six months imprisonment and reduction in rank. The appeal thereof also stood dismissed by order dated 2.6.1989, contained in Annexure-7 to the writ petition. These orders are under challenge in the present writ petition.2. Mr. G. D. Mukerjee, learned counsel for the petitioner has challenged the order on several grounds. Relying on Rule 31, he submitted that charge-sheet is to be issued by the Commanding Officer whereas in the present case the same has been signed by the Administrative Commandant who is in the category of other such officers and is not a Commanding Officer. Therefore, the charge-sheet being invalid the whole proceeding is vitiated and is liable to be struck off. He secondly submits that there has been an infraction in compliance of Rule 22 of the Army Rul...
Bengani Food Products Private Ltd. Vs. Official Liquidator and ors.
Court: Allahabad
Decided on: Jul-22-1998
Reported in: [1998]94CompCas762(All)
A.K. Banerji, J. 1. Indian Maize and Chemicals Limited ('respondent No. 2' in short), which was incorporated as a public limited company suffered huge losses, as a result of which it was declared as a 'sickindustrial company' under the provisions of the Sick Industrial Companies (Special Provisions) Act. The Board for Industrial and Financial Reconstruction (i.e., 'the BIFR') explored various possibilities for its rehabilitation but the process having failed, ultimately recommended its winding up. The appeal filed against the recommendation of the BIFR dated February 26, 1997, was also dismissed, vide order dated August 8, 1997. The matter is placed for consideration before this court.2. An application (A-9) has now been filed by the applicant, Bengani Food Products Private Limited of Calcutta, stating that they have entered into a lease agreement with respondent No. 2 and has prayed that the same may be approved by this court under Section 536(2) of the Companies Act, 1956, and approp...
Morgenstern Werner Vs. Commissioner of Income-tax and anr.
Court: Allahabad
Decided on: Jul-22-1998
Reported in: [1998]233ITR751(All)
S.L. Saraf, J.1. The petitioner is a technician and was working with Kraft Work Union (Siemens), Germany, and drawing his salary of DM 3,882 per month in Germany. The said salary was received by him in Germany from his employer. Bharat Heavy Electricals Limited (BHEL) sought the services of a technical liasion officer to provide technical guidance for 4/500 M. W. nuclear turbines and for the manufacture of turbines of higher rating in India from Siemens, Germany. For getting the services of foreign technicians, a reference was made by BHEL to the Government of India, Ministry of Industries, vide letter dated May 25, 1,989. The Ministry of Industries, Government of India, informed the Bharat Heavy Electricals Limited about the approval of the Government for engaging the services of the petitioner, an employee of the aforesaid Siemens Company at Germany, for a period of 1.5 years in India on terms of payment of daily allowance of Rs. 500 per day in India. On the basis of the said approva...
Govind Ram Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-22-1998
Reported in: I(2000)DMC535
ORDERB.K. Sharma, J. 1. This is a revision against the judgment and order dated 21.7.1990passedby Sri Akoluddin Khan, the then IInd Addl. Sessions Judge, Ballia, in S.T. No. 35 of 1990, State v. Amar Nath and Anr., whereby he acquitted the accused-opposite party Nos. 2 and 3 Amar Nath and Smt. Lalita Devi of the offences under Sections 304B/34, 498A/34 and 201/34, I.P.C. and under Section 4 of the Dowry Prohibition Act.2. Mr. S.D.N. Singh has appeared as Counsel for the revisionist, Mr. K.S. Kushwaha has appeared for the accused-opposite party Nos. 2 and 3 Amar Nath and Smt. Lalita Devi and the learned Addl. Govt. Advocate has appeared for the State. 3. The learned Counsel for the revisionist has argued that in this case gross miscarriage of justice has taken place on account of the omission of the Prosecutor (A.P.P.) to examine the material witnesses and to prove the material documentary evidence and equally gross failure on the part of the trial Judge to summon and examine those witn...
Babu Lal Vs. State of U.P.
Court: Allahabad
Decided on: Jul-22-1998
Reported in: 1999CriLJ3738
N.S. Gupta, J.1. Here is an unfortunate man Babu Lal named above who was convicted under Section 302 I.P.C. and was sentenced to death for committing gruesome murder of his own wife, minor daughter aged about 13 years and minor son aged about 15 years, on 12-1-94 at about 2-3.00 a. m. in village Dongre Kalan, police station Narhat, District Lalitpur. The sessions Judge, Lalitpur submitted the record of the case before this Court for the confirmation of the death sentence awarded by him to the accused appellant vide his order dated 27-1-98. The accused appellant feeling aggrieved by the said judgment and order of conviction has come up in appeal before this Court.2. It appears that the accused appellant was a poor man. He was having a large family to support consisting of his wife, five sons and two daughters. He was residing in village Dongra Kalan where his brother Kanchedi (P. W. 5) was also residing. He too was a poor labourer, but was having a large family consisting of six sons an...
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