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Allahabad Court October 2001 Judgments

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Oct 30 2001

Anand Duplex Ltd. and anr. Vs. Javed Ahmad

Court: Allahabad

Decided on: Oct-30-2001

Reported in: 2002ACJ1241

Sudhir Narain and V.M. Sahai, JJ.1. This appeal is directed against the order dated 25.8.2001 passed by Commissioner, Workmen's Compensation, Meerut in W.C.A. Case No. 54 of 1998 awarding a sum of Rs. 2,39,753.70.2. The claim petition was filed by the respondent with the allegation that he was employed by the appellants. He worked for 16 hours on 13.7.1997. The employer asked him to work more and on refusal he was thoroughly beaten. He suffered injury.3. The Commissioner found that the respondent suffered 80 per cent disability and is entitled for compensation of Rs. 2,39,753.70. This order has been challenged in the present appeal.4. We have heard Mr. R.S. Mishra learned Counsel for the appellants. The learned Counsel for the appellants has assailed the finding recorded by the Commissioner. He submitted that the findings are perverse.5. We have perused the impugned order and the material which has been placed before us. We do not find that the findings recorded by the Commissioner are...


Oct 30 2001

U.P. State Road Transport Corporation Vs. Raj Kumar Gupta and ors.

Court: Allahabad

Decided on: Oct-30-2001

Reported in: 2002ACJ2049

Sudhir Narain and V.M. Sahai, JJ.1. This appeal is directed against the order dated 21.7.2001 passed by the Motor Accidents Claims Tribunal, Aligarh awarding a sum of Rs. 8,32,758 to the claimants-respondents as compensation.2. Respondent No. 1 filed claim petition before the Tribunal with the allegations that on 5.5.1997 he was travelling in bus No. UP-15-B 8413 owned by U.F. State Road Transport Corporation. When the bus reached near Golauti one private bus No. PAV 6351 coming from the opposite direction collided with the bus. He, his wife Satya Gupta and son Akash Gupta suffered serious injuries due to rash and negligent driving of the bus owned by the appellant. His both legs were fractured. He was treated in Lok Priya Hospital, Meerut, Sir Gangaram Hospital, Delhi and Apollo Hospital, Delhi. He incurred expenses and claimed Rs. 62,98,286 as compensation.3. The claim petition was contested by the appellant and the appellant took various pleas. It was denied that the accident was ca...


Oct 19 2001

Ram Avtar Goel Vs. Jagannath Gupta and anr.

Court: Allahabad

Decided on: Oct-19-2001

Reported in: 2002(1)AWC212

Janardan Sahai, J.1. This is arevision by the tenant defendant in a suit for ejectment and arrears of rent filed by the landlords plaintiff-respondent Nos. 1 and 2 on the ground of denial of title and default attracting the liability for eviction under Section 20 (2) (f) and (g) of U.P. Urban Buildings (Regulation ofLetting. Rent and Eviction) Act (U.P. Act 13 of 1972), hereinafter called 'the Act'. The suit was originally decreed on 23.4.1986. The tenant's revision against the decree was dismissed by this Court on 7.7.1997 holding that it was not necessary to deal elaborately the question of denial of title as the finding on default was being affirmed. This Indeed was a misconception as the decree of the trial court was not based on default. The case went up to the Supreme Court, which after setting aside the order of this Court, remanded the case to It on the short ground that the real Issue between the parties regarding denial of title was left undecided. This Court by its Judgment ...


Oct 19 2001

Smt. Ram Dhani and ors. Vs. Nek Ram Singh and ors.

Court: Allahabad

Decided on: Oct-19-2001

Reported in: 2002(1)AWC218

Janardan Sahai, J.1. The suit giving rise to the present second appeal was filed by the plaintiffs Nekram and Nand Ram, the respondents in this appeal, for specific performance of a contract of sate dated 7.7.1983. in respect of a plot of land measuring 1.96 acres in village Khummarpur, Bansgopal the executant of the agreement, who was the sole defendant when the suit was filed, was a co-owner of the plot along with his brother Siddhgopal, subsequently impleaded in the suit as defendant No. 2. The suit was decreed by the trial court for specific performance of contract and the defendant was directed to execute a sale-deed in respect of his share in favour of the plaintiffs. During the pendency of the appeal, Bansgopal sold his half share to Dildar Ahmad Khan who was then impleaded as defendant No. 3. The appeal was dismissed. Aggrieved, the three defendants have preferred this appeal.2. The plaint case in short before the trial court was that the defendant Bansgopal had executed the ag...


Oct 17 2001

Dhan Ji Ahir and ors. Vs. State of U.P.

Court: Allahabad

Decided on: Oct-17-2001

Reported in: 2002CriLJ1853

J.C. Gupta, J.1. Both these appeals are directed against one and the same Judgment dated 7-6-1989 passed by the then I Addl. Sessions Judge, Ballia in Sessions Trial No. 79 of 1989 whereby appellants Dhan Ji Ahir, Krishna, Sheo Shanker and Vinai alias Vijai of criminal appeal No. 1345 of 1989 and appellants Ram Chandra, Ram Nath, Godhan and Bharat Pathak of criminal appeal No. 1346 of 1989 have been convicted and sentenced to imprisonment for life under Section 302 read with Section 149 I.P.C., 7 years R.I. under Section 307 read with Section 149 I.P.C. and to imprisonment for life under Section 201, I.P.C. Appellant Ram Chandra, Bharat Pathak, Godhan and Ram Nath have been further convicted and sentenced to two years R.I. each under Section 148, I.P.C. while appellants Krishna, Vinai, Sheo Shanker and Dhan Ji Ahir have been convicted and sentenced to one year R.I. each under Section 147, I.P.C. All the sentences have been ordered to run concurrently.2. The prosecution case, in brief, ...


Oct 16 2001

Committee of Management, S.D.P.G. College, Muzaffarnagar and ors. Vs. ...

Court: Allahabad

Decided on: Oct-16-2001

Reported in: 2001(4)AWC3194; (2002)1UPLBEC636

Anjani Kumar, J. 1. By means of this writ petition, the committee of management Sanatan Dharm Post Graduate College, Muzaffarnagar has challenged the order dated August 14, 2001 (Annexure-17 to the writ petition), passed by Civil Judge (Jr. Div.) Muzaffarnagar entertaining the suit filed on behalf of the respondents and granting ex parte injunction order under Order XXXIX, Rule 2, Code of Civil Procedure. This order is challenged by the petitioners, inter alia, on the grounds that according to the relief claimed in the writ petition after the order dated August 1, 2001 was passed by the Vice-Chancellor, Chaudhary Charan Singh University, Meerut, directing that the election of the committee of management scheduled to take place, which by the order of the Vice-Chancellor dated July 28, 2001, was postponed and inspite of the aforesaid order passed by the Vice-Chancellor staying the election. Despite the order of Vice-Chancellor elections are said to have been held as a consequence thereof...


Oct 16 2001

Badan Singh Alias Baddo Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Oct-16-2001

Reported in: 2002CriLJ1392

ORDERR.K. Dash, J.1. Since these two writ petitions arise out of the judgment and order dated 8-12-2000 passed by the learned Special Judge, Merrut in Special Case No. 14/11 of 2001, they were heard analogously and are disposed of by this common judgment. The grievance of the petitioner is that the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as 'the Act') is a draconian law with the aid of which and on the basis of a false and concocted report of the Senior Superintendent of Police, Meerut that the petitioner Badan Singh being a gangster acquired properties as a result of commission of several offences triable under the Act, the District Magistrate, Meerut attached the residential house as well as movable properties belonging to all the petitioners. Thereupon, on a reference being made, the learned Special Judge modified the order of the District Magistrate and released part of residential house and cash amounting to Rs.78,573/- from attach...


Oct 12 2001

Gulshan Malik Vs. State of U.P.

Court: Allahabad

Decided on: Oct-12-2001

Reported in: 2002CriLJ668; I(2002)DMC787

ORDERBhanwar Singh, J.1. Since both the transfer applications pertain to the connected cases, pending in the Court of Chief Judicial Magistrate, Bulandshahr and further since the grounds are common, these are taken together for disposal.2. By filing Transfer Application No. 90 of 1995, the applicants have prayed for transfer of Criminal Case No. 459 of 1995, State v. Vijaya Bhan Mallik and Ors., from the Courts of Chief Judicial Magistrate, Bulandshahr to some other district. In the other Transfer Application No. 100 of 1995, similar prayer has been pressed into service for transfer of Criminal Complaint No. 1515 of 1994.3. It is noteworthy that Sri Gulshan Mallik was married to Smt. Indu Mallik, sister of the respondent No. 2, Sri Pavitra Kumar Rawat, a practising Advocate at Bulandshahr District Court. In the year 1994, some differences arose between Gulshan Mallik and his wife Indu Mallik, as a result of which, the latter started living with her brother, Pavitra Kumar Rawat. Her fat...


Oct 11 2001

Ram Kishun and ors. Vs. State of U.P.

Court: Allahabad

Decided on: Oct-11-2001

Reported in: 2002CriLJ1548

M.A. Khan, J.1. This is an appeal against the judgment and order dated 3-2-1981 passed by Sri C.P. Misra, the then Addl. District and Sessions Judge, Varanasi thereby convicting the appellants of the offences punishable under Section 302 read with Section 149,1.P.C. and sentencing them to undergo imprisonment for life. The appellants have further been held guilty of the offence punishable under Section 323 read with Section 149, I.P.C. and have been sentenced to undergo R.I. for a period of one year each. The appellants have further been sentenced to undergo R.I. for a period of one year each for the offence punishable under Section 147, I.P.C. All the sentences have been made to run concurrently.2. Facts leading the prosecution of the appellants are that on 11-10-1979 the informant Moti Chand had gone to see the Mela of Bharat Milap at Mangari Bazar, P.S. Phoolpur, Varanasi. There he met Shiv Shankar Singh (deceased) son of Sadaphal Singh, resident of Village Bhanpur, P.S. Phoolpur as...


Oct 10 2001

P.C. Chaturvedi Vs. Uttar Pradesh State Textile Corporation Ltd. and o ...

Court: Allahabad

Decided on: Oct-10-2001

Reported in: 2001(4)AWC3061; (2002)1UPLBEC84

Binod Kumar Roy and Lakshmi Bihari, JJ.1. Despite service of notice by Registered Post Respondent No. 4 Sri V.K. Sharma, the Managing Director of respondent No. 1 the U.P. State Textile Corporation Limited (hereinafter referred to as the Corporation), who was the Enquiry Officer in the disciplinary proceeding initiated against the petitioner, has not appeared, and even though this writ petition is yet to be admitted, since affidavits have been exchanged, as requested by the learned counsel for both sides during further hearing on 31.8.2001, we proceed to dispose it of on Its merit at the admission stage itself.2. The petitioner, Manager (Electrical and Mechanical) of the Corporation, who was earlier suspended and later on dismissed, has come up with following prayers :(i) to quash the entire departmental proceedings Initiated against him culminating in the order dated 12.7.1993 passed by respondent No. 3--the Managing Director of the Corporation (as contained in Annexure-24) dismissing...


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