Allahabad Court July 2000 Judgments
Abdulla Khan Maqsood Ahmad Vs. Commissioner, Sales Tax
Court: Allahabad
Decided on: Jul-27-2000
Reported in: [2002]127STC321(All)
R.K. Agrawal, J. 1.The applicant has filed the present revision against the order dated November 9, 1990 passed by the Sales Tax Tribunal, Saharanpur Bench, Saharanpur, in Second Appeal No. 106 of 1985 relating to the assessment year 1983-84.2. The facts giving rise to the present revision is that the applicant was found carrying akhrot for the value of Rs. 39,725.66 through truck No. 7715-J.K.P. which was intercepted on October 16, 1983 at Sarsawa check-post. He was found with an old form No. XXXI bearing No. 465796, which was declared invalid as far back in December 1982. Thereafter, the applicant was asked to furnish security of Rs. 4,050 for releasing the seized goods. Subsequently, penalty proceedings under Section 15-A(l)(o) of the U.P. Trade Tax Act, 1948 was initiated and vide order dated June 20, 1984 the assessing officer imposed a sum of Rs. 4,767.15. The first appeal filed by the applicant was dismissed by the Assistant Commissioner (Judicial) vide order dated December 20, ...
Tag this Judgment!Harkishan and ors. Vs. Senior Superintendent of Police and ors.
Court: Allahabad
Decided on: Jul-27-2000
Reported in: 2000CriLJ4688
ORDER1. Heard petitioner's counsel and the learned A.G.A.2. F.I.R. in question, which we have perused, discloses commission of cognizable offence. In such a situation police has every authority to make investigation for finding out real offenders. It is submitted by the petitioner's counsel that the petitioners are not named in the F.I.R. and their complicity has been stated before the police by co-accused Naresh-nephew of the petitioners when he was arrested by the police. Learned counsel for the petitioners submitted that until any other piece of evidence is collected against the petitioners the Investigating Officer should be directed not to arrest them. It is well settled law that: Court should not interfere during investigation nor should assume authority on the powers of the Investigating Officer. A statutory right has been conferred on the police under Sections 154 and 156, Cr.P.C. to investigate the circumstances of an alleged cognizable crime. It would be an unfortunate result...
Tag this Judgment!Ram Naraian Tiwari Vs. Union of India and Others
Court: Allahabad
Decided on: Jul-26-2000
Reported in: 2000(3)AWC2506; (2000)3UPLBEC2217
D.K. Seth, J.1. By an order dated 11th December, 1998, the following points were formulated for decision, which are as follows :'(i) Whether the alternative charge as indicated in the charge-sheet could be hit by the embargo set down by sub-rule (2) of Rule 43? (ii) Whether there was satisfaction of the convening officer for convening district court martial or there was an order for convening court martial by the convening officer himself? 2. Supplementary affidavits have been filed by the respective parties bringing on record the amended provision of Rule 43, which provided that the order convening the court martial may be signed by a staff of the convening officer. But the said Rule was amended on 27th July. 1995and came into force on 12th August. 1995. Such amendment, admittedly, is prospective. Thus, the present court martial having been convened before the amendment was made, cannot be governed by the amended Rule 43.3. Rule 43 of the Air Force Rules, 1969, before amendment provid...
Tag this Judgment!Smt. Shashi Saxena Vs. Deputy Director of Education and Others
Court: Allahabad
Decided on: Jul-26-2000
Reported in: 2000(4)AWC2685
A. K. Yog, J.1. Abovementioned five Special Appeals arise from writ petitions under Article 226. Constitution of India, which were filed in this Court due to dispute between Smt. Shashi Saxena (present appellant) and one Smt. Kusum Singh--both Assistant Teachers in 'Shree Teeka Ram Girls Inter College', (called the College) a 'recognised' girls intermediate college receiving 'grant-in-aid' as contemplated under U. P. Intermediate Education Act, 1921 (as amended up-to-date). Admittedly, The U. P. High School and Intermediate College (Payment of Salaries of Teachers and Other Employees) Act. 1971. U. P. Act No. 24 of 1971 and U. P. Secondary Service Commission Act. 1982 U. P, Act No. 5 of 1982 (as amended up-to-date) are applicable to the college.2. Dates in chronological order are given hereunder to appreciate the controversy between the parties :24.9.85One Shashi Kant Sharma -Assistant Teacher- C.T. grade- Promoted ad hoc -as Assistant Teacher- (L.T. grade) regularised w.e.f. 7.8.1995v...
Tag this Judgment!Suraj Prasad and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-26-2000
Reported in: 2001CriLJ371
ORDERS.K. Agarwal, J.1. Heard learned counsel for the applicants and learned A.G.A.2. I have perused the order dated 1-8-1996 passed by Shri S.K. Saxena, 1st Additional District Judge, Kanpur Dehat on an application given by the prosecutor on behalf of the State Government for withdrawing the prosecution from the Court.3. In my opinion the facts given in the order give an impression that the application was moved on the ground that the evidence collected by the Investigating Agency and brought before the Court along with the charge sheet was insufficient to warrant a conviction. It is further available from the order that there were two versions one brought before the Court by the informant and to support that version there is evidence of the family members of the deceased. Another version, which was also taken down during investigation and this version is that villagers had stated that the deceased was done to death, while he was moving along with some other miscreants, by them.4. The...
Tag this Judgment!Kuldeep Singh and ors. Etc. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-26-2000
Reported in: 2000CriLJ4701
1. In the above noted writ petitions common questions of law are involved, therefore, all the writ petitions are taken up together for disposal regarding which the learned counsel for the petitioners of each petition have no objection.2. We have heard learned counsel for the petitioners in each petition, the learned A.G.A. and have gone through the record.3. It was contended by the learned counsel for the petitioners that the F.I.R. has been lodged on wrong facts. Having gone through the First Information Report of the respective writ petitions we find that First Information Report of each case discloses commission of cognizable offence. It is well settled law that when the First Information Report discloses a cognizable offence, the truthfulness of the allegation and the establishment of the guilt can only take place, when the investigation is done or trial proceeds. The probability, reliability or genuineness of the allegations made in the First Information Report cannot be gone into...
Tag this Judgment!Smt. Suman Sinha Vs. Chief Justice High Court, Allahabad and Others
Court: Allahabad
Decided on: Jul-25-2000
Reported in: 2000(3)AWC2512; (2000)3UPLBEC2052
ORDERBinod Kumar Roy and D. R. Chaudhary, JJ.1. Following prayers have been made in this writ petition by the petitioner Smt. Suman Sinha, widow of Late Girish Shanker Sinha, Advocate, whose registration number was 169 of 1981, and who had died of heart attack on 16th July, 2000, as per the Death Certificate as contained in Annexure-1 :(i) to issue a writ, order or direction in the nature of mandamus directing Hon'ble the Chief Justice and the Registrar of this Court (arrayed as respondent Nos. 1 and 2 respectively) to consider the application (as contained in Annexure-4) filed for her appointment against any post in this Court in view of the proposal placed on 22.5.2000 before Hon'ble The Chief Justice by the President of High Court Bar Association of this Court at the time of his welcome address which he had also accepted.(ii) to issue a writ, order or direction In the nature of mandamus directing the respondents to frame rules and law in the interest of the dependants of the decease...
Tag this Judgment!Committee of Management, GangadIn Ram Kumar Inter College and anr. Vs. ...
Court: Allahabad
Decided on: Jul-25-2000
Reported in: (2000)3UPLBEC2348
D.K. Seth, J.1. The election of the Committee of Management Gangadin Ram Kumar Inter College, Ramgarh, Barawan, District Jaunpur held on 21st June, 1993 by the authorised controller and its recognition was challenged in writ petition No. 88 of 1994. This writ petition was disposed of along with writ petition 37481 of 1992 by an order dated 22nd October, 1999. The election held on 21st June, 1993 was set aside. By the time the said order was passed anotherelection was alleged to have taken place in 1996. Having regard to the said fact, the said order contained a condition that in case further election is held from the list of 87 members, then the District Inspector of Schools was directed to de-recognize the same. This condition was followed by direction for passing an order of single operation in order to ensure payment of salary to the teachers till a fresh valid election is held and a committee is recognized. This order contained a further direction to appoint an authorised controlle...
Tag this Judgment!Ram Milan Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-25-2000
Reported in: (2000)3UPLBEC2788
S.R. Singh, J.1. Having heard learned Counsel for the petitioners, I find no ground made out for interference underArticle 226 of the Constitution of India. The petitioner's father died in harness in the year. The petitioner was minor at that time. He has claimed for compassionate appointment after a span of years of the death of the employee. The limitation within which an application seeking compassionate appointment can be filed is five years. An application filed beyond the period is liable to be rejected on the ground of delay.2. It may, however, be observed here that in view of the provision to Rule 5(1) of the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974, inserted by notification dated October 13, 1993, the State Government is clothed with the power to relax the rule of limitation in appropriate cases in order to do complete justice. Accordingly, notwithstanding the rejection of his application the petitioner may still approach the State Gov...
Tag this Judgment!Babuwa and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Jul-25-2000
Reported in: 2001CriLJ359
S.K. Agarwal, J.1. Heard learned counsel for the appellants and learned A.G.A.2. This appeal arises out of an order and judgment convicting under Section 324/34, I.P.C. and sentencing the above appellants to R.I. for one year and a fine of Rs. 500/-. In the default of payment of fine they were further directed to undergo R.I. for six months.3. The brief facts of the case are that the victim of the incident Jagdev was standing at the gate of his beda (gher) along with his servant Pargava. The appellants came there. Appellant Babua was armed with Barchi, Appellant Anil s/o Chhotey Lal, Ram Das s/o Ramadhin and Ram Naresh s/o Ram Das were armed with guns. Ramdas is the father of Babua and Ram Naresh appellants. Anil Kumar is alleged to be their khandani. The parties are collaterals. At about. 4.00 p.m. appellants appeared at the beda of informant Jagdev. It is further alleged that when Jagdev and Pargawa were running back first to enter their beda all the three appellants armed with firea...
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