Allahabad Court February 2000 Judgments
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Rashid and anr. (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Feb-17-2000
Reported in: 2001CriLJ2065
1.This appeal has been preferred by appellants Rashid and Shazid against their conviction Under Section 302 read with Section 34, I.P.C. and sentence of life imprisonment by the judgment and order dated 25-10-1980 passed by Sri I.P. Singh, IVth Additional Sessions Judge, Meerut in S.T. No. 253 of 1980.2. The prosecution case, in brief, is that at about 6.15 a.m. on 22-3-1980, Ishwar Singh was returning after having eased himself in the field situate on the East of Rajbaha (canal drainage) along with Rishi Pal, Brijpal Singh, Kiran Singh, Dhara and Jagvir Singh. As he was trying to cross on the footpath of this drain, he was fired upon by Rashid and Shazid. These two appellants were covering themselves with a cotton sheet. Their eyes were only exposed. The weapons were concealed underneath the cover. The incident was witnessed by the above said persons. Out of them P.W. 1 Rishi Pal, PW 3, Brijpal Singh and PW 4, Kiran Singh were examined by the prosecution as eye witnesses of the incide...
Punjab National Bank Vs. Viii Additional District Judge, Ghaziabad and ...
Court: Allahabad
Decided on: Feb-16-2000
Reported in: 2000(2)AWC1199
Sudhir Narain, J.1. This writ petition is directed against thejudgment of the Judge. Small Causes Court dated 4.5.1996 decreeing the suit for recovery of arrears of rent ejectment and damages against the petitioner and the order of the revisional court dated 23.5.1996 dismissing the revision against the said judgment.2. Briefly stated the facts are that the petitioner is tenant of respondent No. 3 in the basement of Building No. 140 constructed on Plot No. 5. Navyug Market. Ghaziabad on monthly rent of Rs. 1.822. The petitioner and respondent No. 3 executed a lease deed on 1.7.1985 whereby it was agreed that the tease will be for a period of 11 months with an option for continuing the lease for a further period of 11 months and maximum upto five years on the same terms and conditions. The lease deed was signed by both the parties. Before expiry of 11 months, respondent. No. 3 wrote a letter on 3.3.1986 that he is agreed to let out the building already in possession of the Bank for a pe...
Commissioner, Trade Tax Vs. Malti Devi
Court: Allahabad
Decided on: Feb-16-2000
Reported in: [2000]120STC537(All)
P.K. Jain, J.1. This revision is directed against the order of the Trade Tax Tribunal, Gorakhpur, allowing Second Appeal No. 493 of 1994 for the assessment year 1988-89 filed by S/s. Malti Devi.2. The dispute relates to a turnover of Rs. 6,90,351.97 paise in respect of purchase of rice bran which was sold by the dealer to a dealer holding recognition certificate under Section 4-B of the U.P. Trade Tax Act, 1948. The rice bran is taxable at the time of first purchase. The dealer claimed that it was purchased for and on behalf of recognition certificate holder under Section 4-B and he was exempt from payment of tax under Section 4-B(l)(a-1). The assessing authority did not accept this claim of the assessee on the ground that the dealer was himself not a recognition certificate holder and rice bran was not a declared commodity under Section 14 of the Central Sales Tax Act, 1956. The assessing authority also held that the dealer was first purchaser of the rice bran.3. First appeal filed by...
Bobby Alias Premveer and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Feb-16-2000
Reported in: 2000CriLJ4125
Palok Basu, J.1. Two revered Judges of this Court have differed on very vital point arising on the interpretation of the provisions contained in Section 257 of Code of Criminal Procedure, 1973 (for short the new Code). The matter which has been referred to this Court for adjudication is whether the provisions in the said Section 257 of the new Code will be applicable during 'investigation'.2. Bobby alias Premveer and Gyani alias Gyanendra Singh, applicant Nos. 1 and 2 in this case have filed an application under Section 482 Cr. P.C. which contains the following prayer '...the order dated 30-8-1999 issuing warrant 'B' Case Crime No. 88 of 1999 under Section 395/412, I.P.C, Police Station Govind Nagar, Mathura passed by the C.J.M. Mathura be quashed....3. Both the applicants alleged to be the residents of Aligarh and Ghaziabad, have alleged that a report under Section 392, I.P.C. was initially registered against them in Case Crime No. 88 of 1999 at Police Station Govind Nagar District Ma...
U.P. State Bridge Corporation Ltd. Vs. Rati Ram Alias Ram Singh and Ot ...
Court: Allahabad
Decided on: Feb-15-2000
Reported in: 2000(2)AWC1194
U.S. Tripathi, J.1. The first appeal from order has been preferred against the judgment and order/award dated 13.2.1992 passed by Motor Accident Claims Tribunal/1st Additional District Judge. Bijnor in Motor Accident Claim Case No. 175 of 1988 awarding a sum of Rs. 72,000 with Interest at the rate of Rs. 9% per annum from the date of accident, to the claimants-respondents.2. The deceased Rajendra Kumar aged about 21 years. S/o oppositeparty Nos. 1 and 2 and brother of opposite party No. 3 was an employee of appellant State Bridge Corporation. On 2.6.1982. the said Rajendra Kumar was going to the site of Bairage of Madhya Ganga Canal Construction Division, on truck No. U.T.B. 2503 owned by the appellant. The truck was loaded with stones and pebbles. Due to rash and negligent driving by the driver of said truck, it suddenly turned, due to which the deceased fell down from the truck and died on the spot. The claimants filed claim petition on account of death of Rajendra Kumar in motor acc...
Sanjeev Tripathi Vs. Chief Secretary, Department of Jails and Others
Court: Allahabad
Decided on: Feb-15-2000
Reported in: 2000(2)AWC1215; [2000(86)FLR380]; (2000)2UPLBEC1079
M. Katju and D.R. Chaudhary, JJ.1. Heard learned counsel for thepetitioner and learned standing counsel.2. The petitioner has prayed for a mandamus directing the respondents to give the benefit to the petitioner of selection grade on the basis of Government Orders dated 8.3.1995 and 16.3.1994 as the petitioner has completed 8 years of service on 7.12.1995.3. The petitioner was selected in U.P. State Civil Services Examination for selection to P.C.S. and allied services. After his selection, he was appointed as Manager (Marketing and Economic Service) vide Annexure-2 to the writ petition by order dated 29.10.1987. Thereafter on 31.1.1989 there was a reshuffle in the select list and the petitioner was posted as Addl. Superintendent (Jail) where he is still working. The short question in this case is whether his service as Manager is to be added to his service as Addl. Superintendent (Jail) for the purpose of grant of selection grade.4. According to Government Orders dated 8.3.1995 and 16...
Bharthari Prasad Vs. State of U.P. and Another
Court: Allahabad
Decided on: Feb-15-2000
Reported in: 2000(2)AWC1606
Palok Basu, J. 1. Shri Bharthari Prasad erstwhile member of the Higher Judicial Service of this State has challenged the order dated 27.11.98 passed by the State of U. P. compulsorily retiring him.2. When the writ petition was filed, counter-affidavits were called, rejoinder-affidavits were also permitted to be filed, supplementary affidavits have also been filed and in the meantime some applications were also made for some interim relief. On the conclusion of the oral argument, written submissions have also been permitted to be filed and lastly a date--chart relating to the events which may have formed the basts of the compulsory retirement was permitted to be filed by the learned counsel for the parties.3. Sri Ram Singh assisted by Sri Lokendra Kumar, learned counsel for petitioner has argued the matter with great ability and calmness. Sri Sunil Ambwani, learned counsel appearing for the High Court and Sri R.K. Saxena, for the State have argued for the respondents also with ability. ...
Ashraf Zakaria Islamia Higher Secondary School Vs. Additional District ...
Court: Allahabad
Decided on: Feb-15-2000
Reported in: (2000)2UPLBEC1063
Yatindra Singh, J.Facts.--First Writ Petition1. There is a college known as Ashraf Zakaria Islamia Higher Secondary School, Noorpur, District Bijnor (the College). It is governed by a scheme of administration approved under the U.P. Intermediate Education Act (the Act). Elections of the committee of management were held in the year 1989 in which one Mohd. Siddiq was elected as Manager of the College. Sri Siddiq expired in the year 1991 and one Sri Abdul Ayum Qamar was opted as Manager of the committee of management. 17 persons requested for becoming life members of the society and the requisite amount was also deposited in the bank. The District Inspector of Schools, Bijnor (the DIOS) their membership on 27th July, 1992. Subsequently on a representation made by the committee of Management the DIOS by his order dated 7th August, 1992 cancelled his order dated 27th July, 1992. Thereafter fresh elections were held on 24-8-1992 in which one Kutubuddin was elected as Manager. Thereafter aga...
Birendra Kumar Pandey and Another Vs. District Judge, Allahabad and Ot ...
Court: Allahabad
Decided on: Feb-14-2000
Reported in: 2000(1)AWC837
S.R. Singh, J.1. By means of the present petition, the petitioners seek issuance of a writ in the nature of certiorari quashing the impugned orders which are dated 7.11.1996 and 21.9.1996 passed by the DistrictJudge, Allahabad and Additional Judge, Small Causes Court, Allahabad respectively. The District Judge, Allahabad by his order dated 7.11.1996 dismissed second appeal being No. 275 of 1996 preferred by the petitioners holding that the . appeal was not maintainable. The aforestated second appeal stemmed from the order dated 21.9.1996 passed by the Additional Judge, Small Causes Court in mutation appeal No. 286 of 1989 by which amendment/substitution applications 28C and 29C filed by the petitioners under Order VI, Rule 17 and under Order XXII, Rule 4, C.P.C. at the appellate stage.2. It would transpire from a perusal of the record that one Devi Prasad was arrayed as a party respondent No. 1 in the memo of appeal. By means of the amendment application 28C, the petitioner desired to ...
Dr. Raj Bahadur Vs. State of U.P.
Court: Allahabad
Decided on: Feb-14-2000
Reported in: 2000(2)AWC1205; [2000(86)FLR555]
M. Katju, J. 1. Heard Shri Yogesh Agarwal, learned counsel for the petitioner and learned standing counsel.2. The petitioner was a Chief Veterinary Officer in U. P. Government Service who retired on 27.12.99 on reaching the age of superannuation of 58 years. This petition was filed before the petitioner retired and the prayer was that the age of retirement of State Government employees be raised by amending the relevant rules. It is stated in paras 3 and 4 of the writ petition that the Vth Pay Commission recommended the increase of age of superannuation of the Central Government employees to 60 years. On the basis of this recommendation, the Central Government raised the age of superannuation of its employees to 60 years vide Annexure-1 to the petition. In para 8 of the writ petition, it is stated that the State Government decided to grant the same pay scale to its employees as is being given to the employees of the Central Government on equivalent posts. It is submitted that since the...