Allahabad Court July 1998 Judgments
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State of U.P. Vs. Babu Singh and ors.
Court: Allahabad
Decided on: Jul-22-1998
Reported in: 1999CriLJ2396
K.D. Shahi, J.1. In Sessions Trial No. 76-A of 1978 seven persons, namely Babu Singh, Kuber Singh, Guman Singh, Shatrughan Singh, Ram Asrey, Jai Karan Singh and Maiyadin faced the trial under Sections 148, 302/149, 307/149 and 380, IPC out of whom Babu Singh, Kuber Singh, Guman Singh and Shatrughan Singh were convicted under Sections 323, 302/149 and 380, IPC and sentenced respectively for six months' R.I. imprisonment for life and one year's R.3. These accused persons were acquitted of the charges under Sections 148, 307 and 149, IPC. Accused Ram Asrey, Jai Karan and Maiyadin were acquitted of all the charges.2. The State preferred Appeal No. 1308 of 1979 against the acquittal of Ram Asrey, Jai Karan and Maiyadin of all the charges and also against the acquittal of Babu Singh, Kuber Singh, Guman Singh and Shatrughan Singh of the charges under Sections 148, 307 and 149, IPC.3. Babu Singh, Kuber Singh, Guman Singh and Shatrughan Singh preferred Appeal No. 177 of 1979 against their convi...
Remington Rand of India Ltd., Meerut Vs. Vth Addl. District and Sessio ...
Court: Allahabad
Decided on: Jul-21-1998
Reported in: 1998(2)AWC1580
J. C. Gupta, J.1. This is tenant's petition.2. An application under Section 21 (1) (a) of the U. P. Act No. XIII of 1972 (hereinafter referred to as the Act) was moved by the landlady-respondent No. 2 for the release of the shop in question, which is admittedly in the tenancy of the petitioner. The need shown therein was that the disputed shop is bona fide required by her husband and her youngest son Raj Kumar for establishing some business therein as both of them were unemployed, the husband having left the service at Delhi and the son having completed his studies. She has no other vacant shop with her, whereas the tenant being a big business concern could procure any other shop in the city of Meerut and could shift their business, in case the application was not allowed, the landlady would suffer greater hardship than the tenant.3. The release application was contested by the tenant-petitioner on a number of grounds. It was denied that the husband and son of the landlady were unemplo...
Jai Bhagwan Goel Vs. Xvith Additional District Judge, Muzaffarnagar an ...
Court: Allahabad
Decided on: Jul-21-1998
Reported in: 1998(3)AWC1601
J.C. Gupta, J. 1. This is landlord's petition.2. Shop No. 331/7, M.S.K. Road, Sharali, Muzaffarnagar is the subject-matter of the application for release moved under Section 21 (1) (a) of the U. P. Act No. XIII of 1972 (hereinafter referred to as the Act) by the petitioner before the Prescribed Authority. The shop in question was required for the petitioner's son Pradeep Kumar as he wanted to start a new business of crockery and general merchandise because the present business of electrical goods which was being carried on in another Shop No. 331/2, Shamli was not earning good profits and the said Pradeep Kumar wanted to augment his income. It was alleged that the said shop measured 6' x 8' and was too small for setting up the business of crockery and general merchandise. The shop in question being of a big size would suitably serve the need of Pradeep Kumar to run the proposedbusiness. The shop presently in occupation of the landlord wherein Pradeep Kumar was carrying on business was ...
Dal Chand Agarwal Vs. Divisional Manager, Bank of Maharashtra, Poona a ...
Court: Allahabad
Decided on: Jul-21-1998
Reported in: 1998(3)AWC1680; (1998)3UPLBEC1656
Sudhir Narain, J.1. This writ petition is directed against the order dated 17.1.1983 passed by the Divisional Manager (Staff and Industrial Relation) Bank of Maharashtra. respondent No. 1 whereby the services of the petitioner have been terminated.2. The Bank of Maharashtra is a Public Sector Undertaking being one of the nationalised Scheduled Bank under the Banking Companies (Acquisition and Transfer of Undertakings) Act (Act XXII of 1969). The petitioner was appointed as Sub-Staff in the Bank of Maharashtra, Meerut Branch, Meerut on 27.9.1979. He was confirmed and made permanent on the expiry of the period of probation of six months from the date of his appointment.3. The version of the petitioner is that there were complaints against the Branch Manager, respondent No. 2 regarding advancing of loan and one complaint was made by Liberty Dry Cleaners of Meerut regarding non-payment of charges of washing of clothes by respondent No. 2. Respondent No. 2 suspected that in such complaint, ...
Smt. Balvinder Kaur Vs. Sardar Gurmeet Singh
Court: Allahabad
Decided on: Jul-21-1998
Reported in: 1998(4)AWC104
B.K. Roy and R.K. Mahajan, JJ.1. This appeal by wife under Section 19 of the Family Court Act. 1984, (hereinafter referred to as the Act) is against the order dated 28.5.1997. passed by the learned additional Principal Judge, Family Court. Kanpur Nagar, decreeing the husband-respondent's Matrimonial Case No. 530 of 1993 filed for grant of divorce of the appellant.2. The portrayal of the relevant facts are in a narrow compass :2.1. The respondent, filed the case under Section 13 of the Hindu Marriage Act. 1955 (hereinafter referred to as the 'Marriage Act'} impleading the appellant as the sole opposite party, who is employed as a teacher in Khalsa Girls Inter College. Kanpur, earning from salary and tutions around Rs. 6.000 per month, praying to grant divorce in his favour by dissolving their marriage solemnized on 30.4.1989 alleging, inter alia, to the effect that they are Sikh by birth ; their marriage was solemnised as per the custom (which comes under the Hindu religious customs) at...
Mukhtar Ali Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-21-1998
Reported in: 1999CriLJ311
ORDERB.K. Sharma, J.1. This is a revision against the judgment and order dated 19-1-1993 passed by Sri K. N. Singh, the then 1st Addl. Sessions Judge, Saharanpur in Criminal Revision No. 530 of 1992, whereby he allowed the revision of the present opposite parties Nos. 2 to 7 and set aside the judgment and order dated 12-8-1992 passed by Sri S. B. Sharma, the then II Judicial Magistrate, Saharanpur in Case No. 308 of 1990 Mukhtar Ali v. Irfanul Haq, under Section 63 of the Copyright Act, police station Kotwali Nagar, District Saharanpur holding that the present opposite parties Nos. 2 to 7 were liable to be charged for the offence under Section 63 of the Copyright Act and directing the case to be fixed for 24-8-1992 for framing of the charges and directing them to appear before the Court on that date. By the order dated 12-8-1992 the learned Magistrate discharged a co-accused Jafar. However, the said discharge is not in controversy in this revision.2. The criminal case started on a comp...
Girja Shankar Pant Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-20-1998
Reported in: 1998(2)AWC1575; (1998)3UPLBEC1706
R. R. K. Trivedi and Devkant Trivedi, JJ.1. By means of this writ petition, Girija Shanker Pant petitioner has prayed for quashing of the order of dismissal dated 26.11.1993 whereby, he was dismissed from service by the respondent No. 2 Managing Director of the respondent No. 4 Kumayun Mandal Vikas Nigam Limited.2. The petitioner was appointed as a Stenographer in the year 1972 in Kumayun Mandal Vikas Nigam Limited, (hereinafter to be referred as the Nigam). He was promoted with effect from 1.4.1987 in the pay scale of Rs. 1,350-2,100 and since 1993, he was designated as the General Manager Tourist. According to the petitioner, the respondent No. 2 got annoyed with the petitioner. Several incidents in this regard have been mentioned in the writ petition. A show-cause notice was served on 1.10.1993 requiring his explanation by 19.10.1939 with a direction to appear on 20.10.1993.3. Powers of the petitioner as General Manager of the Nigam were withdrawn earlier by means of an order dated ...
Smt. Nirmala Devi Srivastava Vs. District Judge, Kanpur Nagar and Othe ...
Court: Allahabad
Decided on: Jul-20-1998
Reported in: 1998(2)AWC1573
J. C. Gupta, J.1. Heard petitioner's counsel and learned counsel appearing for the caveator.2. It appears that respondent No. 3 filed suit for rent ejectment against the present petitioner which was decreed ex parte on 27.10.93 as the petitioner, after filing vakalatnama and written statement did not participate in the proceedings any further. The petitioner then moved an application purporting to be under Order IX, Rule 13, C.P.C. for setting aside the ex parte decree but the same was not also prosecuted and was dismissed in default. The decree-holder respondent No. 3 thereafter put the decree in execution, and before the executing court, the petitioner filed objections purporting to be under Section 47 of the Civil Procedure Code, inter alia, alleging that the petitioner was not the tenant in the premises in question but it was her husband who was the tenant. She further alleged that she never filed written statement nor had engaged any counsel and she also never appeared in Court no...
Man Singh and Another Vs. Superintendent of Police, Fatehpur
Court: Allahabad
Decided on: Jul-20-1998
Reported in: 1998(2)AWC1591
M. Katju, J.1. Heard learned counsel for the petitioners.2. The petitioners are challenging their suspension order. The petitioners have an alternative remedy before the U. P. Public Services Tribunal, as held by the Supreme Court In State of U. P. v. Labh Chand. AIR 1994 SC 754. In paragraph 15 of the Judgment, it has been held by the Supreme Court that the Tribunal has exclusive and exhaustive Jurisdiction in such matters, and hence the petitioners should avail of their alternative remedy.3. In this connection, It may also be mentioned that earlier a Division Bench of this Court in Prem Shankar Lal v. State of U. P., 1984 (2) UPLBEC 1344. had also dismissed a writ petition of a public servant on the ground that there is an adequate and efficacious remedy before the U. P. Public Services Tribunal. Before the Division Bench, it had been urged that the alternative remedy is not speedy, and normally considerable delay takes place in disposal of the cases by the Tribunal. This contention ...
Lal Chand Shukla Vs. U.P. Co-operative Institutional Service Board, Lu ...
Court: Allahabad
Decided on: Jul-20-1998
Reported in: 1998(4)AWC67; (1999)1UPLBEC757
D.K. Seth, J.1. In a domestic inquiry, after Inflicting punishment of dismissal from service, the amount of loss as was found to have been suffered by the society, was sought to be recovered from the petitioner. This inflictment of punishment and decision for recovery of the loss from him has been challenged in this writ petition on various grounds.2. Sri L. K. Dwivedi, learned counsel for the petitioner submits that the petitioner could not submit his reply or explanation on account of non-supply of certain documents, which he has been consistently asking for furnishing of the copies. The petitioner was not allowed inspection thereof. The respondents did not give him suspension allowance which reflects mata fide on their part and as such inquiry proceeding appears to be biased. He then contends that despite appearance of the petitioner the inquiry had proceeded ex-parte without affording any opportunity to him either to submit his explanation or to contest the inquiry. He further cont...
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