Allahabad Court March 1999 Judgments
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Hira Lal and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Mar-24-1999
Reported in: 1999CriLJ4097
B.K. Sharma, J.1. This is an appeal against the judgment and order dated 15-4-1978 passed by Sri S.K. Verma, the then Vth Additional District and Sessions Judge, Bareilly in S.T. No. 396 of 1975, whereby he has convicted the accused appellants Hira Lal, Pathi Ram and Bankey of the offence under Section 307, 34 IPC and sentenced each one of them to undergo R.I. for a period of 4 years.2. Heard the learned counsel for the appellants and the learned A.G.A.3. In this case, as per the report of the District Judge, the trial Court record was not available and the record could not be reconstructed and only the case diary of the police relating to the case could be available which could be of no avail for deciding this appeal on merits.4. Learned counsel for the appellants has argued that in the absence of the record of the trial Court, the conviction of the accused-appellants cannot be maintained. He has further argued that in this case even a remand for retrial also would not be justified wh...
Jugi Khan and ors. Vs. the State
Court: Allahabad
Decided on: Mar-24-1999
Reported in: 1999CriLJ2984
B.K. Sharma, J.1. This is an appeal against the judgment and order dated 19-9-3 980 passed by Sri M.S. Premi, the then Vth Additional Sessions Judge, Farrukhabad in S.T. No. 210 of 1980, whereby he convicted the accused-appellant Jugi Khan of the office under Section 324, I.P.C. and convicted the accused-appellant Bajhe Khan alias Sher Mohammad Khan of the offence under Sections 324/114, I.P.C. and accused-appellant Munne Khan of the offence under Sections 324/34, IPC but instead of sentencing them to any sentence at once, directed them to be released on probation of good conduct on each furnishing a bond for a sum of Rs. 2000/- with two sureties each in the like amount to keep peace and be of good behaviour for a period of one year, During the pendency of this appeal Jugi Khan accused-appellant No. 1 has died and consequently, the appeal has abated to his extent. learned Counsel for the remaining accused-appellants and the learned A.G.A. have been heard on the merits of this appeal.2....
Ramesh Chandra Sharma Vs. Regional Manager, U.P.S.R.T.C., Aligarh and ...
Court: Allahabad
Decided on: Mar-23-1999
Reported in: 1999(2)AWC1460; [1999(82)FLR108]
D.K. Seth, J. 1. Mr. Y. D. Sharma, learned counsel for the petitioner while challenging the order dated 12.12.1998 contained in Annexure-1 to the writ petition, by which the petitioner was suspended, contends that no enquiry having beenContemplated, the order of suspension could not have been issued. He relies on the decision in the case of Azizul Rehman v. District Magistrate. Deoria and another, 1997 (77) FIR 721, in order to contend that unless contemplation of enquiry is indicated in the order of suspension, there could not have been any order of suspension. He secondly contends that the Assistant Regional Manager not being appointing authority of the petitioner, who is Assistant Traffic Inspector, the order of suspension could not have been issued by him. According to him, the Regional Manager is the appointing authority of the petitioner, who could have passed the order of suspension since he is the disciplinary authority of the petitioner. He next contends that the order of susp...
Dr. Bhumitra Deo, Vice-chancellor, Gorakhpur University and Others Vs. ...
Court: Allahabad
Decided on: Mar-23-1999
Reported in: 1999(2)AWC1464
B.K. Roy and M.C. Jain, JJ.1. The prayer of the petitioners Is to quash the orders dated 7.1.1991 and 8.1.1991 passed by the Munsif City. Gorakhpur (respondent No. 2) as contained In Annexures-20 and 21 In Misc. Case No. 421 of 1990 arising out of Original Suit No. 2728 of 1989.2. It appears that respondent No. 3, herein, filed the suit in question for grant of a decree of permanent injunction in his favour and against the defendants and for directing defendant Nos. 2 to 4 to pay Dearness Allowance to him as well as to other part time Lecturers of Law Department of Gorakhpur University by implementing Resolution No. 2 dated April 26, 1987 passed by the Executive Committee of defendant No. 2.3. Mr. Dileep Gupta, the learned counsel appearing on behalf of the petitioners, contended that In view ofthe provisions of Section 69 of the State Universities Act, no such suit could be maintainable and any order passed therein shall be wholly without jurisdiction and thus this writ petition be al...
Govind Vallabh Pandey Vs. Director, Local Body and Others
Court: Allahabad
Decided on: Mar-23-1999
Reported in: 1999(2)AWC1719
D.K. Seth, J.1. The petitioner was appointed as Surveyor in Kanpur Development Board on 12.10.1945. Thereafter he was appointed as Sub-Overseer in Nagar Mahapalika, Kanpur, after the Kanpur Development Board was renamed as Nagar Mahapalika. Kanpur. The petitioner was promoted to the post of Junior Engineer on 3.1.1968 in Nagar Mahapalika, Kanpur and then from 1.6.1975 till 11.5.1981 he worked as Assistant Engineer on deputation in Kanpur Development Authority. While working as such, in the year 1982 the petitioner was sent on deputation to the Pithoragarh Nagar Palika to look after the development work of the Pithoragarh. The petitioner had applied for absorption in the Kanpur Development Authority as Assistant Engineer. Thereupon, the petitioner having been absorbed/appointed as Assistant Engineer in the Kanpur Development Authority on 16.4.1983, by a letter dated 24.5.1983 he was relieved from Pithoragarh whereupon he Joined as Assistant Engineer in Kanpur Development Authority on 25...
Smt. Reshma Devi Vs. Civil Judge (Senior Division)/Prescribed Authorit ...
Court: Allahabad
Decided on: Mar-23-1999
Reported in: 1999(2)AWC1682
Yatindra Singh, J. 1. Petitioner is a widow. She ts tenant of the shop after death of her husband. She has filed this writ petition challenging the order dated 23.2.1998 passed by the Prescribed Authority. Azamgarh, dismissing her application under Section 28 (4) of the U. P, Urban Buildings (Regulation of Letting. Rent and Eviction) Act, 1972 (the Act for short).FACTS 2. The premises in dispute is a kachcha shop. Sri Hazi Mohammad Yusuf father of present respondent Nos. 2 to 6 was the landlord. Sri Mukund Chand husband of the petitioner was tenant in the shop in question at the rate of Rs. 70 per month. He filed a suit for injunction against the original landlord, namely Sri Hazi Mohammad Yusuf and one other person Sri Mangal Chand for injunction restraining them from interfering with the right of the plaintiff as tenant over the premises in dispute. in this suit a compromisehas been entered into between the husband of the petitioner and Hazi Mohammad the father of the contesting resp...
Sri Prakash Srivastava Vs. U. P. Sahkari Gramya Vikas Bank Ltd. and An ...
Court: Allahabad
Decided on: Mar-23-1999
Reported in: 1999(2)AWC1715; (1999)2UPLBEC1119
D.K. Seth, J. 1. Shri Uma Kant, learned counsel for the petitioner submits that the enquiry officer had suggested a minor punishment but the disciplinary authority had disagreed with the same and had proposed a major punishment and had inflicted the punishment of dismissal. He contends that such order can be passed only after recording reason. In this case though reason has been recorded but it does not satisfy the test. He contends that the disciplinary authority could not disagree with the finding of the enquiry officer as well as with the punishment proposed. He next contends that the punishment should be proportionate to the charges proved. Here in this case the punishment was disproportionate. In as much as it was a sheer mistake of the identification made by the Sabapati of panchayat who had identified a wrong person. Therefore, he should not be punished so severely. On these grounds he prays for quashing of the punishment inflicted on the petitioner pursuant to the domestic enqu...
Commissioner of Income-tax Vs. Banaras Brass Merchant and Manufacturer ...
Court: Allahabad
Decided on: Mar-23-1999
Reported in: [2000]241ITR70(All); [2001]117TAXMAN568(All)
1. The assessee is a charitable institution of Banaras Brass Merchant and Manufacturers Association, Varanasi. They derive their income from donations, selling and manufacturing of the products produced by their members. The assessee-company was incorporated as a limited company in 1961. Prior to that it was a society registered under the Societies Registration Act, 1960. The main objects of the institution are as under : (a) To foster and develop friendly relations, mutual help and common understanding among all, who are directly or indirectly interested in or concerned with the trade, commerce, industry, agriculture or manufacture ; (b) To promote and protect the trade, commerce, industry, agriculture and manufacture in which members of the association are engaged or interested, directly or indirectly and to represent and to express on these and connected questions the opinions of the mercantile community of the Indian Union : (c) To consider all questions connected with such trade,...
Nagar Mahapalika, Varanasi Vs. Addl. District and Sessions Judge, Vara ...
Court: Allahabad
Decided on: Mar-22-1999
Reported in: 1999(2)AWC1389
S.L. Saraf, J. 1. By this writ petition, the petitioner Nagar Mahapalika, Varanasi has sought a direction against respondent No. 3 to pay the annual value of the building as assessed in accordance with Section 174 (b) of U.P. Nagar Mahapalika Adhiniyam, 1959 and has further sought the quashing of the judgment and orders dated 24.2.1978 and 18.4.1979 passed by Judge Small Causes Court and 2nd Additional District and Sessions Judge, Varanasi respectively.2. The case of the petitioner is that respondent is a five star hotel and is situated at S 20/54 Secrol Ward Mauza Arazi Line, Varanasi. The said hotel was assessed for annual value of Rs. 15,000 from 1.4.1967. Thereafter the same was assessed at Rs. 11,81,000 on and from 1.4.1974. On an appeal filed by respondent No. 3 before the Judge Small Cause Court, Varanasi, the said appeal was dismissed vide order dated 25.5.1974 passed by the Judge Small Causes Court. Respondent No. 3 filed second appeal before the District Judge, Varanasi and t...
Ramesh Chandra Rajpoot Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-22-1999
Reported in: 1999(2)AWC1417
S.R. Singh, J.1. Process for recruitment on 17 posts of Kanistha Lipik (Junior Clerk) in the establishment of Collectorate, Jyotiba Phule Nagar was initiated vide advertisement dated August 10, 1998. The petitioner who worked as Seasonal Assistant Vasil Baqi Navis for a number of years filed a writ petition being Ramesh Chand Rajput v. State of U. P. and others, Civil Misc. Writ Petition No. 34697 of 1998, seeking issuance of a writ in the nature of certiorari quashing the proposed examination for appointment on the post of Kanishtha Lipik (Junior Clerk), inter alia, on the ground that 50% of the vacancies in the cadre of Junior Clerk ought to be filled from amongst Seasonal Assistant Vasil Baqi Navis working under the Collectorate. Reliance was placed for the petitioner on certain decisions of this Court in which itwas provided that 50% vacancies in the posts of Assistant Vasil Baqi Navis ought to be filled from amongst Seasonal Assistant Vasil Baqi Navis. On behalf of the respondents...
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