Allahabad Court April 1999 Judgments
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Ravindra Kumar Kapoor Vs. Viith Addl. District and Sessions Judge/Moto ...
Court: Allahabad
Decided on: Apr-09-1999
Reported in: 2000ACJ435; 1999(2)AWC1659
O. P. Garg, J.1. In these three connected writ petitions, a common question of law arises, whether the claim petitions under the provisionsof Section 166 of the Motor Vehicles Act in respect of the accidental death which had occurred on 8.2.1991 filed on 19.4.1997 can be thrown out merely on the ground that they are barred by time.2. Briefly stated the facts of the case are that Smt. Partima wife of the petitioner Ravindra Kumar Kapoor and the mother of the petitioner Km. Isha Kapoor and Nimish Kapoor lost her life in a road accident which had occurred on 8.2.1991 at 5.30 p.m. A first information repot of the accident was lodged and case Crime No: 71 of 1991 under Sections 279/338/427 and 304A, I.P.C. was registered at P. S. Govind Nagar. Kanpur. This accident gave rise to the three claim petitions aforesaid. Respondent No. 3, Arvind Kumar is the owner of the vehicle while respondent No. 2, is the Oriental Insurance Company with which the vehicle involved in the accident was insured. T...
Mahak Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Apr-09-1999
Reported in: 1999(3)AWC1838; (1999)2UPLBEC1336
O.P. Garg, J. 1. The petitioner-Mahak Singh was elected as Pradhan of the Gram Panchayat, Tana. Tehsil Kairana, district Muzaffarnagar in the year 1995. A complaint was made against him by the co-villagers, namely. Harpal Singh, Jaidev Singh, and Rajendra Slngh on 27.9.1998 about certain illegalities having been committed by the Pradhan. The Sub-Divisional Officer, Kairana made on the spot enquiries and submitted a preliminary report of enquiry through his letter dated 30.10.1998, prima facie, finding the petitioner guilty of the illegalities pointed out in the complaint. On the strength of the preliminary report dated 30.10.1998, submitted by the Sub-Divisional Officer, the District Magistrate, Muzaffamagar contemplated action against the petitioner by Invoking the provisions of Section 95 (1) (g) of the U. P. Panchayat Raj Act. 1947 (hereinafter referred to as the 'Act') and with a view to afford an opportunity of hearing to the petitioner, issued a charge-sheet dated 20.11.1998. a c...
Nagar Swasth Adhikari, Nagar Mahapalika Vs. Phool Chandra
Court: Allahabad
Decided on: Apr-09-1999
Reported in: 1999CriLJ4125
B.K. Sharma, J.1. This is an appeal preferred by Nagar Swasth Adhikari, Nagar Mahapalika, Varanasi against the judgment and order dated 2-3-1981 passed by the Corporation Magistrate, Varanasi in Crl. Case No. 755 of 1980 (State v. Phool Chandra), whereby he acquitted the accused-respondent Phool Chandra of the offence under Section 7/16 of the Prevention of Food Adulteration Act.2. I have heard the counsel for the parties and have also gone through the records.3. The facts leading to this appeal are that the Food Inspector took sample of milk from the accused-respondent and the same was found to be adulterated by the Public Analyst. The Food Inspector filed a criminal complaint and therein the accused-respondent was summoned and charged for the offence under Section 7/16 of the Prevention of Food Adulteration Act. Before framing the charge, the Food Inspector had been examined before the Magistrate on oath. After framing of the charge at the stage of Section 246, Cr.P.C. the prosecutio...
Dr. Balram Dutt Sharma and Etc. Vs. State of U.P.
Court: Allahabad
Decided on: Apr-09-1999
Reported in: 1999CriLJ3396
ORDER1. All these present applicants have made prayers for bail in a matter which, in common parlance, is described as Ayurvedic scam in the State of U.P. The scam is under investigation by the CBI and the CBI Court is situated in Lucknow. There had been refusal of prayers for bail for these applicants by the CBI Court, Lucknow. Only thereafter the present applications were filed. A common question stands involved in all these matter as to whether the applications would lie at Allahabad or the applicants would be directed to move Lucknow Bench only,2. In the case of Balram Datt Sharma the averments in the bail application indicate, that it related to Case No. RC 32(A)/96 CBI/SPE/LKO under Section. 120B, 420, 467, 468 and 471, IPC read with Section. 13(2) and 13(l)(d) of the Prevention of Corruption Act, relating to police station Kotwali, Lpcknow. The applicant was arrested by the CBI on 29-8-1997 at Lucknow in connection with the Ayurvedic scam after he was called for an interrogation...
Arif Umar S/O Akbar Ali Vs. State of U.P.
Court: Allahabad
Decided on: Apr-09-1999
Reported in: 1999CriLJ3399
S.K. Agarwal, J. 1. This criminal appeal arises out of a conviction of appellant, Arif Umar, under Section. 302, I.P.C. and sentence of life imprisonment awarded to him by the IX Additional Sessions Judge, Kanpur, in S.T. No. 34 of 1978.2. According to the case of the prosecution, which rests solely on circumstantial evidence, the appellant is the son of former Principal of Sidiq Faize-am Inter-College, Kanpur, Sri Akbar Ali, Akbar Ali retired on 30-6-1976 and from August, 1976 P.W. 2 Ashfaq Husain was working as officiating Principal. One Alauddin was appointed as officiating Principal before his appointment, but, since he had more children than two, he was not allowed to continue. Akbar Ali used to visit the college even after his retirement. It is alleged that he was using the telephone and also the Peons. The teachers of the college were teasing Ashfaq Husain, officiating Principal, on this score. They used to tell him that you are the Principal, but Akbar Ali is exercising authori...
Ali Akhtar Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-09-1999
Reported in: 2000CriLJ1352
O.P. Jain, J.1. Petitioner Ali Akhtar has filed this Habeas Corpus Petition against the order of detention (Annexure 1) dated 21st July, 1998 passed by District Magistrate, Azamgarh under Section 3(2) of National Security Act of 1980 (hereinafter called the Act). The grounds of detention supplied to the petitioner are given in Annexure 1A. A perusal of the grounds shows that on 9th May, 1998 one Raj Kumar Singh along with his friend Ram Badan Singh alias Ramai was going on Rajdoot Motor cycle No. URX 7747 from Bilariaganj to his village Bagahi Dand. At about 300 p.m. when the motor cycle reached village Khalitpur Bazar, petitioner Ali Akhtar along with companions Ashfaq Master, Salam, Jafar Pradhan and Sarfuddin armed with unlicensed pistols stopped the motorcycle and fired at Raj Kumar Singh, who died. Ali Akhtar and his companions made a murderous assault on Ram Badan Singh alias Ramai and indiscriminately fired their pistols. Due to daring broad day light murder and the firing of gu...
Beltak Canadian Water Ltd. Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Apr-09-1999
Reported in: 2000(70)ECC181; 1999LC842(Allahabad); 2000(118)ELT19(All)
M.C. Agarwal, J. 1. By this petition under Article 226 of the Constitution of India, the petitioner challenges an order, dated 24-3-1999 by which in an appeal pending before the Commissioner (Appeals), Customs and Central Excise, Ghaziabad, the petitioner has been directed to make a pre-deposit of 50% of the adjudicated dues and the conditions of the pre-deposit of the balance has been waived.2. Heard Shri Bharat Ji Agarwal, learned Senior Advocate for the petitioner and Shri S.N. Srivastava, learned Chief Standing Counsel for the Union of India.3. The petitioner manufactures water dispensing units for cold as well as hot water and the question is about its proper classification for the purposes of the levy of Central Excise. The petitioner was paying duty on the said item as an unclassified item under entry 8479 while according to the revenue the said commodity falls under Item No. 8418.10 and the Asstt. Commissioner has raised a demand of Rs. 28,68,747/- which is under challenge befo...
Calcom Vision Ltd. Vs. Commissioner (A), Cus. and C. Ex.
Court: Allahabad
Decided on: Apr-09-1999
Reported in: 2000(71)ECC489; 1999LC843(Allahabad); 2000(118)ELT20(All)
M.C. Agarwal, J.1. By this petition under Article 226 of the Constitution of India, the petitioner challenges an order, dated 23-3-1999 passed by the Commissioner (Appeals), Customs & Central Excise, Ghaziabad, whereby it dismissed the petitioner's application for waiving the condition of pre-deposit.2. I have heard Sri Bharat Ji Agarwal, learned Senior Advocate for the petitioner and Sri S.N. Srivastava, learned Chief Standing Counsel for the respondents. No counter affidavit was proposed to be filed and the Writ Petition is disposed of finally at the admission stage.3. The Asstt. Commissioner, Central Excise, Division III, Noida, disallowed [Modvat] credit to the extent of Rs. 6,98,418.80 and raised a demand for that amount against which an appeal has been preferred by the petitioner before the said Commissioner. Section 35F requires the appellant to make a pre-deposit of the adjudicated dues without which no appeal can be entertainend. The proviso to Section 35F, however, authorises...
Director of Higher Education U.P., Allahabad Vs. Dinesh Chandra Tripat ...
Court: Allahabad
Decided on: Apr-08-1999
Reported in: 1999(2)AWC1510
N. K. Mitra, C.J, and S. R. Singh,. J.1. The bottom-line question that crops up for consideration in this Special Appeal is as to whether the qualification as to 'two years' experience' referred to in the Statue 18.06 of the Oudh University. First Statute, 1988 as amended by Oudh University (23rd Amendment) Pratham Pari-Niyamawali. 1988 comprehends experience of having worked as Librarian, etc, as against a sanctioned post or it would meet the requirements of law if a candidate had actually worked as Librarian, etc, though against a non-sanctioned post2. The matter bears upon the appointment on the post of Librarian in Hemwati Nandan Bahuguna Post Graduate College, Lalganj, Pratapgarh which is a college affiliated to Oudh University. (It shall hereinafter be referred to as 'H. N. B. College.') The vacancy in the post of Librarian in the scale of Rs. 690-1,420 (Un-revised) was publicized by the Management in October. 1988. The petitioner put forth his candidature and was selected by the...
Mansoor Ali Khan Vs. Aligarh Muslim University and Others Overruled
Court: Allahabad
Decided on: Apr-08-1999
Reported in: 1999(2)AWC1546
N.K. Mitra, C.J. and S.R. Singh, J.1. This Special Appeal has been filed against, the judgment and orderdated July 14. 1995 by which the petition filed by the appellant came to be dismissed by the learned Single Judge. The relief claimed in the writ petition was that the orders contained in Annexures-4, 5 and 11 of the writ petition be quashed. Yet another relief was for a writ of mandamus commanding the respondent not to interfere with the right of the appellant to continue as teacher/Technical Asstt. in Geology section of the Z.H. Engineering College. Aligarh Muslim University, Aligarh and not to appoint any other person in his place.2. Skipping unnecessary details, the facts are that the appellant-a permanent Senior Technical Assistant in the Applied Science Section of the Z. H. College of Engineering and Technology of Aligarh Muslim University, Aligarh applied for and was appointed as Demonstrator in Al Fateh University. Tripoli. Libya under a contract entered into by him with the ...
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