Allahabad Court May 1999 Judgments
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Kumar Abhay Vs. Union Bank of India and Others
Court: Allahabad
Decided on: May-27-1999
Reported in: 1999(3)AWC2150; (1999)2UPLBEC1221
V.M. Sahai, J.1. The main question of law that arises for consideration in this petition filed by an employee of the bank is whether the resignation letter of the petitioner was unilateral or bilateral and whether its acceptance by the competent authority was necessary, if so its effect2. The petitioner after selection was appointed as clerk-cum-cashier in the Union Bank of India in 1986. When he was posted in Ujiyar branch, Ballia, he fell ill and was on leave for many months. On 5.6.1993, he resigned from service. The letter is neither traceable nor filed. It admittedly did not reach the bank. The petitioner, therefore, sent another letter on 16.7.1993 requesting the authorities to accept his resignation as he was still not well. This letter was replied by the Zonal office of the bank on 3.8.1993 informing the petitioner that the branch office has informed that the dues mentioned in the letter were outstanding against him which may be cleared to enable the bank to initiate further ac...
Bhatt Industries and Others Vs. Divisional Forest Officer, Almora and ...
Court: Allahabad
Decided on: May-27-1999
Reported in: 1999(3)AWC2291
Yatindra Singh, J.1. These four writ petitions are for restraining the respondents from charging or demanding stamp duty on instruments for auction sale of resin or by way of allotment on quota basis ; and for quashing of general letter dated 30.4.1983 requiring deposit of stamp duty. These petitions have similar facts and raise common questions of law and as such are being decided together. For the sake of convenience, the W. P. No. 23889/88, M/s. Bhatt Industries v. Divisional Forest Officer, is taken to be leading case and the reference to the facts annexures will be in respect of this case.FACTS 2. Petitioners purchase resinfrom the forest department on thebasis of quota allotment or auctionsale. They enter into contract withthe forest department,' The stampduty was payable on the same butwas exempted under a Notificationdated 25.3.1942. ('the earliernotification' for short) issued underSection 9 of the Indian Stamp Act('the Act' for short). It was amendedby another notification da...
Redis Market Vyvasayee Samiti and Another Vs. Varanasi Vikas Pradhikar ...
Court: Allahabad
Decided on: May-27-1999
Reported in: 1999(3)AWC2305
M.C. Jain, J.1. The petitioners seek a mandamus to command the respondents, (Varanasi Vikas Pradhikaran and its officers) to start the real construction of the multi-storied building in dispute and to allot the shops in the same to the members of the petitioner by handing over the vacant possession thereof.2. The relevant facts may be stated briefly : There are 386 members of the petitioner which is a registered society. They were initially the tenants in the Redis Market, Dasaswamedh, Varanasi paying rent to Nagar Mahapalika. Varanasi for the respective shops under their tenancy. By sale deed dated 15.12.1988, the respondent No. 1 purchased the Redis Market from Nagar Mahapalika for reconstruction of a multi-storied building and business centre after getting the Redis Market demolished for which purpose the petitioner's members were tried to be forcibly evicted who filed Civil Misc. Writ No. 25016 of 1988 which was admitted on 22.12.1988 interim order was passed restraining the respon...
Polar Balance Industries and Others Vs. State of U. P. and Others
Court: Allahabad
Decided on: May-27-1999
Reported in: 1999(3)AWC2405
Yatindra Singh, J. 1. The petitioners hold licence for manufacture of Scientific balances and weights under Standards of Weights and Measures (Enforcement) Act, 1985 (hereinafter referred to as the Act). One such licence in favour of petitioner No. 1 is Annexure-2 to the writ petition. A notice dated 15.11.1990 (Annexure-3 to the writ petition) has been issued to the petitioners under Section 22 of the Act. According to the notice, petitioners are not getting weights/ measures verified and stamped as contemplated in that section. It is against this notice that the present writ petition has been filed.2. The only ground raised by Sri Shahi, holding brief of Sri R.N. Singh, learned counsel for the petitioners, is that the petitioners sell scientific balances and weights exclusively to educational institutions and in view of Section 74(b) of the Act are exempt from the Act.3. The Parliament enacted this Act to provide for the enforcement of the standards of weights and measures establishe...
Doctors' Jan Kalyan Society, Mirzapur Vs. State of U.P. and others
Court: Allahabad
Decided on: May-27-1999
Reported in: 1999(3)AWC2328
Yatindra Singh, J. 1. Doctors' Jan Kalyan Society. (petitioner for short) is an association of the Allopathic, Homoeopathic, Ayurvedic and Unani doctors. It has filed the present writ petition challenging the bye-laws ('the bye-laws' for short) framed by Nagar Palika Parlshad. Mirzapur ('the Nagar Palika' for short) under Uttar Pradesh Municipalities Act, 1916 ('the Act' for convenience). It is covered by the Act. The Bye-laws provide for licence fee on the Nursing Home. Private Clinic, Pathology Centre, Dental Clinic, X-Ray Clinic and Maternity wards.FACTS 2. The State Government, in order to augment the financial resources of the local bodies, had issued a direction on 27.9.1994 to increase the licence fee or to impose licence fee in case it is not so imposed on the matters mentioned therein. The present licence fee isalso one of the items mentioned therein. Subsequently, another similar direction was again issued on 23.12.1994 and then a reminder was sent on 21.3.1995. The administr...
Smt. Har Pyari and Others Vs. District Registrar (Under Registration A ...
Court: Allahabad
Decided on: May-27-1999
Reported in: 1999(4)AWC2804
Yatindra Singh, J. 1. This petition raises many interesting questions. But what is the relevant date for calculating the stamp duty? is the most important of all. These questions arise in this writ petition which is in fact, for quashing of the order dated 20.6.1989 passed by respondent No. 1, directing the recovery of deficiency in the stamp fee. though the relief is not so claimed. It is differently worded.FACTS 2. Sri Pannalal. predecessor-in-inferest of the petitioner was the owner of the 1/6 share in plot No. 1533 area 1 Bigha, 1 Biswa pukhta and 1553. area 14 biswa pukhta situate in Nagla Tikoni Chandaria, Allgarh (hereinafter referred to as the property). He approached one Sri Shyam Lal for advancing a loan of Rs. 2,000. There was mutual understanding between the two. Sri Shyam Lal advanced the loan of Rs. 2,000 and Sri Pannalal executed a sale-deed on 10.5.1972 of the property in his favour for Rs. 2.000, The same day Sri Shyamlal executed an agreement to sell in favour of Sri ...
Smt. Suman Upadhyay and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-27-1999
Reported in: 1999CriLJ4657
ORDERB.K. Sharma, J.1. This revision has been preferred against the judgment and order dated 12-1-1994 passed by Sri D.C. Awasthi, the then II Additional Chief Judicial Magistrate, Bareilly in Criminal Case No. 1 of 1993 (Joyti Upadhyay v. Vinod Upadhyay and Ors.) under Sections 498A/406, I.P.C. and Sections 3/4 Dowry Prohibition Act, Police Station Prem Nagar, district Bareilly summoning the accused revisionists.2. Heard the learned counsel for the accused revisionists and the learned A.G.A.3. The facts, leading to this revision, are that Smt. Jyoti Upadhyay, complainant opposite party No. 3 in this revision, filed a complaint on 4-1-1993 before the II Additional Chief Judicial Magistrate, Bareilly against Vinod Upadhyay, Rama Shanker Updhayay, Bhanu Pratap Upadhyay, Smt. Indu Chaturvedi and Kamla Shanker Upadhyay, with the allegations that she was married to Vinod Upadhyay on 7-12-1989 at Bareilly according to Hindu rites that in the marriage, the father of the complainant had given ...
Suman and ors. Vs. State of U.P.
Court: Allahabad
Decided on: May-27-1999
Reported in: 2000CriLJ528
J.C. Misra, J. 1. The IIIrd Addl. Sessions Judge, Binjore, had tried the following six cases together :--(a) S. T. No. 370 of 1995, in which all the present appellants in the above two appeals stood charged under Sections 148 and 302/ 149, IPC relating to case Crime No. 145 of 1995, PS Himpur:(b) S. T. No. 375 of 1995, in which appellant Vinay Kumar alias Binnu stood charged under Section 25(1-B)(b) of Arms Act. This related to case Crime No. 158 of 1995, PS Himpur;(c) S. T. No. 376 of 1995, in which appellant Yogendra stood charged Under Section 25(1-B)(a) of the Arms Act. This related to case Crime No. 154 of 1995;(d) S. T. No. 377 of 1995, in which appellant Nagendra stood charged Under Section 25(1-B)(a) of the Arms Act. This related to case Crime No. 155 of 1995;(e) S. T. 38 of 1995, in which appellant Suman was charged under Section 25(1-B)(a) of the Arms Act in case Crime NO. 156 of 1995; and(g) S. T. No. 379 of 1995, in which appellant Arvind was charged under Section 25(1-B)(a...
R.T. Arasu and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: May-27-1999
Reported in: 1999CriLJ4113
ORDERJ.C. Gupta, J.1. By means of this application moved under Section 482 of the Code of Criminal Procedure (in short to be referred to as Cr.P.C.) inherent powers of the Court are being invoked for quashing the criminal complaint filed by respondent No. 3 and by a supplementary affidavit a prayer has been made to quash the order dated 20-9-98 passed by the learned C.J.M. Ghaziabad summoning the applicants as accused in the aforesaid complaint for the offences punishable under Section 418/420 of the Indian Penal Code (in short Penal Code).2. Copy of the criminal complaint filed by respondent No. 3 is AnnexUre-6 to the application. The allegations made therein may be stated in short as under :That the complainant is a Public Ltd. Company under the provisions of the Companies Act having its Registered Office at Solan Brewery, District Solan, Himachal Pradesh and one of the Branches of the Factory/Administration Unit of the complainant Company is situate at Mohan Nagar Ghaziabad.That acc...
Nanku Vs. State of U.P.
Court: Allahabad
Decided on: May-27-1999
Reported in: 1999CriLJ4693
B.K. Sharma, J.1. This is an appeal against the judgment and order dated 14-2-1995 passed by Sri Dharam Paul, the then I Additional Sessions Judge, Allahabad in S.T. No. 158 of 1989, State v. Nanku alias Jagat Bahadur, under Section 302, I.P.C., Police Station Utraon, district Allahabad whereby he convicted the accused-appellant Nanku alias Jagat Bahadur for the offence under Section 304, Part II, I.P.C. and sentenced him to undergo rigorous imprisonment for a period of five years.2. Ram Sunder deceased had two sons Nanku alias Jagat Bahadur accused-appellant and Mithai Lal. Smt. Shakuni Devi, the informant, who was examined as P.W. 1 at the trial, is the wife of Mithai Lal. Ram Sunder deceased and his sons lived in village Motiha, Police Station Utraon, district Allahabad. It is the admitted case between the parties that Ram Sunder deceased had four bighas agricultural land in the village in respect of which he executed a sale deed in favour of Ram Dular (father of Smt. Shakuni Devi, ...
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