Allahabad Court December 1999 Judgments
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Yogesh Chhibbar Vs. State of U.P.
Court: Allahabad
Decided on: Dec-06-1999
Reported in: 2000CriLJ2849; II(2000)DMC537
ORDERU.S. Tripathi, J.1. By moving this application under Section 482, Cr.P.C. the applicants have prayed for quashing the criminal complaint and its entire proceeding in Case No. 286 of 1996 under Sections 4/6 Dowry Prohibition Act, Dowry Prohibition Officer, Agra v. Yogesh Chhibar and Ors., pending before A.C.J.M. II, Agra as well as the summoning order dated 4.2.1994.2. It appears that the opposite party No. 2 Smt. Kanchan Chhibar moved an application before District Prohibition Officer/Dowry Prohibition Officer, Agra alleging that she was married three years ago with Yogesh Chhibar applicant No. 1. Her husband opposite party No. 1, father-in-law opposite party No. 2, mother-in-law opposite party No. 3, and sister-in-law opposite party Nos. 4 and 5 started demanding dowry and, therefore, action be taken against them. The Dowry Prohibition Officer made enquiry and ultimately filed a complaint against the applicants before A.C.J.M. 1st, Agra. On receipt of the above complaint the lear...
Sant Singh Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Dec-06-1999
Reported in: 2000CriLJ2230
O.P. Garg, J.1. The petitioner-Sant Singh son of Sabhajeet Singh, resident of Sulemanpur, P.S. Cholapur, district Varanasi while he was in jail in connection with Case Crime No. 102 of 1999 under Section 302/506/ 120B IPC, P.S. Cholapur district Varanasi was served with an order of detention dated 4-6-1999, Annexure 1 to the writ petition issued by the District Magistrate, Varanasi under Section 3(2) of the National Security Act. This detention order has been made the subject matter of challenge of the present writ petition under Article 226 of the Constitution of India and it is prayed that a writ, order or direction in the nature of Habeas Corpus for production of the petitioner before the Court, for quashing the order of detention and for setting him at liberty be passed.2. Counter and rejoinder affidavits have been exchanged. Heard Sri D.S. Misra, learned counsel for the petitioner, Sri Shesh Mani Misra, appearing on behalf of the Union of India and Sri Mahendra Pratap for rest of ...
Bundelkhand Alloys Pvt. Ltd. Vs. Commissioner of C. Ex.
Court: Allahabad
Decided on: Dec-06-1999
Reported in: 2000(120)ELT617(All)
ORDER1. By this petition under Article 226 of the Constitution of India, the petitioner is aggrieved by the omission of respondent No. 2 to redetermine the annual production capacity of the petitioner's industrial unit in which it manufactures m/s ingots runner riser. The petitioner is also aggrieved of the action of the respondents in demanding the excise duty on the basis of the earlier determination which stands set aside by the appellate authority.2. We have heard Shri Pankaj Bhatia, learned counsel for the petitioner and Shri J.M. Nagar, learned counsel for the respondents.3. Section 3A of the Central Excise Act empowers the Central Government to charge excise duty on the basis of capacity of production in respect of the notified goods. In the case of the petitioner the Commissioner of Central Excise determined the annual production capacity of the petitioner's factory at 9600 metric tonnes (provisionally). However, by a subsequent order the annual production capacity was finally ...
Nasim Alias Kallu Vs. State of U.P.
Court: Allahabad
Decided on: Dec-06-1999
Reported in: 2000CriLJ3329
M.C. Jain, J.1. This appeal is directed by the appellant Nasim alias Kallu against the judgment and order dated 24-6-1980 passed by Sri P. Chandra, the then Sessions Judge, Bijnor in Sessions Trial No. 148 of 1978. He has been convicted under Section 302, I.P.C. and sentenced to life imprisonment.2. The appellant along with four others had been put on trial. His other four co-accused were acquitted but he was convicted and sentenced as stated above.3. The incident took place on 15-3-1978 at 7 p.m. in Mohalla Jabtaganj, P.S. Nazibabad, District Bijnor and the report was made on 16-3-1978 at 4.45 a.m. by PW 1 Shamim. The prosecution case, as per the First Information Report and the evidence adduced in Court, in its broad essentials may be set forth. The accused used to carry on business of dealing with dead animals. They used to take Theka of jungles to collect dead animals. In the year 1977-78 the accused Mobin took Theka of certain jungle for Rs. 8,000/- and he entered into partnership...
Km. Asha Raina Vs. Rent Control and Eviction Officer, Dehradun and Ano ...
Court: Allahabad
Decided on: Dec-03-1999
Reported in: 2000(1)AWC462
Sudhir Narain, J.1. This writ petition is directed against the order dated 16.2.1994 passed by the Rent Control and Eviction Officer declaring the vacancy of the premises in question.2. The petitioner is admittedly landlady of the premises in question. An application for allotment of thepremises was filed on the ground that the landlady is not occupying the premises. The Rent Control and Eviction Officer directed the Rent Control Inspector to submit his report. The Rent Control Inspector submitted his report on 1.6.1992 stating that at the time of Inspection, he found that the house was closed and one Smt. Somti was living in out houses of the building. In the building, there were six rooms, one hall, one verandah, etc. and one room on first floor. She informed that Major Nirmal alias Niminu had vacated the accommodation and gave its possession to Smt. Asha Raina. the owner of the house who was not found on the spot but it was reported that she was residing at Sri A. N. Kaul Dilaram Ba...
Anwar Hasan Khan Vs. District Judge, Shahjahanpur and Others
Court: Allahabad
Decided on: Dec-03-1999
Reported in: 2000(1)AWC650
A. K. Yog, J.1. Anwar Hasan Khan, petitioner has filed this writ petition in his capacity as 'tenant' of a shop situate at Mohalla Tarin Jalalnagar, district Shahjahanpur (U. P.) at the rate of Rs. 4 per month. One Musabbar Ali Khan respondent No. 3is admittedly his landlord of the shop in question (called 'the shop').2. Petitioner claims that his father (Mehmood Hasan Khan) was the original tenant of the shop since the year 1930 and he has been carrying on retail business of shoes and chappals. The erstwhile owner/landlord migrated to Pakistan leaving no heirs. Rent was. therefore. paid to the Regional Settlement Commissioner since it vested in the Custodian. Property comprising shop was purchased by one Dr. M. D. Malik and he became the landlord. Thereafter one Ahmad All (father of Mohd. Shafi-respondent No. 3) purchased property in the year 1980 when Mehmood Hasan Khan (father of the petitioner) was already a sitting tenant. Mohmood Hasan Khan died in November. 1989 and his heir (pr...
Firoz Ahmed Vs. State of U. P. and Others
Court: Allahabad
Decided on: Dec-02-1999
Reported in: 2000(1)AWC421
O. P. Garg, J. 1. In this habeascorpus writ petition under Article 226 of the Constitution of India, the subject-matter of challenge is the order of detention dated 29.1.1999. Annexure-I to the writ petition passed by the District Magistrate, Varanasi respondent No. 2 by invoking the provisions of Section 3(2) of the National Security Act, 1980 (hereinafter referred to as 'the Act'). The said order was approved by the State Government respondent No. 1 on 6.2.1999. The petitioner made & representation dated 11.2.1999 through the Jail Superintendent respondent No. 3, which was sent to the State Government by the District Magistrate respondent No. 2 on 16.2.1999. The representation of the petitioner was rejected on 20.2.1999. After the receipt of the recommendations of the Advisory Board, the respondent No. 1 confirmed the detention order on 5.3.1999. Counter and rejoinder-affidavits have been exchanged. Heard Sri Vinod Prasad, learned counsel for the petitioner and Sri Mahendra Pratap le...
Hari NaraIn Vs. Ivth Additional District Judge, Azamgarh and Others
Court: Allahabad
Decided on: Dec-02-1999
Reported in: 2000(1)AWC416
S.K. Phaujdar, J.1. The petitioner had filed Suit No. 1230 of 1986 for permanent injunction against the present respondents, Kamala and others. It was his case that he was the sole owner of certain agricultural plot and was in possession thereof. It was stated that previously he was having only one-third share in the suit property, a second one-third belonged to one Rampat Rai and the rest one-third belonged to the respondent Kamala and his brother Subedar. The plaintiff purchased the share of Rampat through a registered instrument and there had been a family settlement through which Kamala and Subedar transferred their share in the suit property in favour of the petitioner through a written instrument dated 24.12.1971. Subsequently, however, Kamala and Subedar transferred their land to other defendants on the basis ofwhich they were trying to interfere in the land in dispute and that gave the cause of action to the plaintiff-petitioner for permanent injunction. The petitioner asserted...
Km. Priyanka Agrawal Vs. Director General, Medical Education and Train ...
Court: Allahabad
Decided on: Dec-02-1999
Reported in: 2000(1)AWC473; (2000)1UPLBEC503
Yatindra Singh, J.1. Does a candidate in order to qualify as a dependent of a freedom fighter, should be financially dependent upon him? What is the interpretation of the word 'dependent' In the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993 (the 'reservation Act). This is the main question in these four writ petitions. This is how it arises.FACTS 2. Admissions to MedicalColleges in the State are made on the basis of a competitive examination known as Combined Pre-Medical Test (CPMT). The CPMT is conducted every year and was held this year in July, 1999 (CPMT-99). There is reservation in admissions in the medical colleges. The brochure issued by the respondents states that all rules relating to reservation in the State will apply. It further provides 5% of horizontal reservation for actual dependents of freedom fighters. The brochure also includes format of the certificates to be submitted by a candidat...
Parmanand Pandey and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-02-1999
Reported in: 2000(2)AWC1274
M. Katju, J.1. This special appeal has been filed against the judgment of a learned single Judge dated 30.9.1997. In this case a Division Bench had issued notice to the respondents on 7.11.1997 but none has appeared for respondents. In view of Explanation II of Chapter VIII, Rule 12 of the Allahabad High Court Rules, notices are deemed to be served on the respondents.2. It appears that the writpetitioners were appointed inSaraswatI Sanskrit Pathshala,Purematha, P.O. Puremoti, districtPratapgarh on various dates from1970 onwards. The appellant No. 1was appointed as Principal and otherappellants as teachers in the saidinstitution, which is affiliated toSampurnanand SanskritVishwavidyalaya, Varanasi and isgoverned by the U. P. StateUniversities Act. 1973. Their serviceswere also approved by theInspector/Assistant Inspector ofSanskrit Pathshala vide approvalorders dated 30.3.1976 and 3.2.1978Annexures-1 and 2 to the writ petitionand they were getting their salary.However, it appears that s...