Allahabad Court December 2001 Judgments
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In Re: Ferrum Steels (India) Ltd.
Court: Allahabad
Decided on: Dec-12-2001
Reported in: [2002]40SCL438(All)
ORDERSunil Ambwani, J. 1. This company application has been registered upon the receipt of the opinion of the Board for Industrial and Financial Reconstruction under Section 20(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 ('the Act') vide its letter No. 34/99 BI dated 31-10-2000 received by this Court on 4-11-2000. 2. Vide order dated 10-8-2001, this Court issued notice to the company at its registered office 570K, Kidwai Nagar, Kanpur returnable in four weeks directing the matter to be listed on 10-9-2001. The office has reported that the notices were sent but they have returned back with the endorsement to the effect that locks have been put on the gate for several months. 3. The court has perused the opinion of the Board and find that at the initial stage the company responded to the notice but thereafter absented itself and that in paragraph-5 of the order dated 29-9-2000, it has been recorded that the representatives of the company were not attending the hear...
Sarojani Naidu Medical College Teachers Association, Agra and anr. Vs. ...
Court: Allahabad
Decided on: Dec-12-2001
Reported in: 2002(1)AWC414; (2002)1UPLBEC375
S.R. Singh, J.1. Since common questions of law and facts are involved in these writ petitions, it would be convenient to dispose them of by a common Judgment. Accordingly, these petitions were taken up and heard for disposal by a common Judgment.2. Facts on which the writ petitions and the reliefs claimed therein are grounded may be stated briefly as thus : By Government Order dated 2.4.1998, six Government Allopathic Medical Colleges of the State were converted into the so-called individual autonomous societies registered under the provisions of Societies Registration Act, 1860. The Government Order dated 2.4.1998, which came to be quashed by this Court in C.M.W.P, No. 2263 of 1999 etc. etc.. U.P. Medical College Medical Education Teachers Societies. Gorakhpur and Anr. v. Union of India and Ors., 1999 (3) AWC 2459, was issued, infer alia, visualising therein that though creation of posts would be with the approval of the State Government, the existing posts as also the posts that may ...
In Re: Raval Papers Ltd.
Court: Allahabad
Decided on: Dec-12-2001
Reported in: [2002]39SCL122(All)
Sunil Ambwani, J.1. This company application was registered upon receipt of the opinion of the BIFR under Section 20(1) of the Sick Industrial Companies (Special Provisions) Act, 1985. Notices were issued to the company by an order dated 10-8-2001. The notices were sent by the office on 22-8-2001 fixing the date of hearing to be on 10-9-2001. The notices returned back with the endorsement that the company is lying closed dated 24-8-2001. The Court found that no one appeared for the company before the Board on the last date of hearing. In paragraph 3 of the order, the Board has mentioned that even in the last hearing on 13-7-2000 the company was not represented.2. A perusal of the order shows that the company was declared sick by the Board on 10-8-2001 and the Punjab National Bank was appointed as operating agency. The company submitted a sketchy proposal in December, 1998 and on the hearing day 13-7-2000 the Board observed that Directors who had, promoted the company, were no longer in...
In Re: Magnesite and Minerals Ltd.
Court: Allahabad
Decided on: Dec-12-2001
Reported in: [2002]39SCL120(All)
Sunil Ambwani, J.1. This company application was registered upon receipt of the opinion under Section 20(1) of the Sick Industrial Company (Special Provisions) Act, 1985, received from the Board for Industrial and Financial Reconstruction (BIFR) vide letter of its Registrar dated 27-9-2000 in case No. 302/87B(II) received by the Court on 9-10-2000.2. The opinion dated 24-8-2000 appended to the letter records the conclusion of the Bench in paragraph-15 of the order that despite of sanctioning two schemes for its revival it has not been possible for the company to turn its net worth positive since 1987. In the absence of any firm commitment from any of the prospective co-promoters, no scope was seen at that stage to work out another revival scheme which could enable the company to revive itself and discharge all its due financial obligations, and the Bench, therefore, confirmed its earlier prima facie opinion that it would be just equitable and in the public interest if the sick company,...
Naushad and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-12-2001
Reported in: 2002CriLJ1255
ORDERU.S. Tripathi, J.1. This revision has been directed against the order dated 3-9-2001 passed by the Additional Sessions Judge (Court No. 1), Kanpur Dehat in S. T. No. 403 of 1997 summoning the applicants for trial along with other co-accused under Section 319 Cr.P.C.2. On 26-8-1995 at about 10.30 a.m. Smt. Sunaina opposite party No. 2 lodged a report at P.S. Mangalpur against applicants and 8 other persons namely Uma Shankar, Matandi, Beenu,Saheed Ahmad, Munney Khan, Naushad alias Pappu, Nasir Ahmad.Aquil, Rayees, S.I. D.D. Singh, constable Kanaujiya and Constable Preetam Singh with the allegation that on 26-8-1995 at about 8.00 a.m. her husband Mahendra Pal Singh had gone to Sandalpur crossing. Accused Uma Shankar and Diwakar r/o Sandalpur came there. Observing them her husband said that Lakhpati had come. On this the above persons started abusing her husband. When her husband came back to his house he narrated the story to the complainant. Taking his licensed gun her husband went...
Smt. Saiyada Vs. Director General of Police, U.P. and ors.
Court: Allahabad
Decided on: Dec-10-2001
Reported in: 2002(1)AWC529; (2002)1UPLBEC462
Sunil Ambwani, J.1. Smt. Saiyada widow of late constable Iqbal Hussain has filed this writ petition for writ of mandamus directing the opposite parties to make necessary orders for the payment of arrears of pension with effect from 1.6.1977 to 30.12.1979 relating to constable Iqbal Hussain who retired from district Ghazipur, to pay her the entire balance of retirement dues of her late husband and further to issue a writ in the nature of mandamus directing theopposite parties to fix the family pension and to pay the arrears w.e.f. 1.1.1980. A counter-affidavit of Sri Ram Palat Yadav, Deputy Superintendent of Police, district Ghazipur, has been filed.2. I have heard Sri G. C. Gahrana, learned counsel for the petitioner and learned standing counsel for the respondents.3. Briefly stated the facts of the case are, that late Iqbal Hussain served as constable in U.P. Police. He was last posted at police station Dildarnagar, district Ghazipur, and retired on 30.5.1977. After his retirement, he...
R.K. Mehta Vs. Yagya Veer Singh
Court: Allahabad
Decided on: Dec-10-2001
Reported in: 2002(2)AWC1050
U.K. Dhaon, J.1. Heard Sri H.S. Shukla, learned counsel for the revisionist and Sri U. K. Srivastava, learned counsel appearing on behalf of opposite parties.2. The 'brief facts of the case are that a suit for arrears of rent and ejectment was filed by the opposite parties who is the landlord of the premises in dispute. In the plaint, it was inter alia stated that the revisionist was admitted as tenant in the house No. 20/174, Indira Nagar, Lucknow on 22.11.1987 on a monthly rent of Rs. 700 + Rs. 400 as water and sewer charges total Rs. 1,100 per month. It was also stated in the plaint that the rent was stopped by the tenant since Febraury, 1991 and inspite of the registered notice dated 8th February, 1993 under Section 106 of Transfer of Property Act, neither the arrears of rent amounting to Rs. 27,500 were paid nor the premises was vacated. The suit was contested by the revisionist who was defendant in the suit on the ground that the rent is not Rs. 1,100 per month but it is only Rs....
Smt. Shakira Khatoon Kazmi and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-07-2001
Reported in: 2002(1)AWC226
G.P. Mathur, J.1. This petition under Article 226 of the Constitution has been filed for quashing of the Government order dated 15.12.2000, notice dated 11.1,2001 and the order dated 24.8.2001 passed by the District Magistrate, Allahabad. Parties have exchanged affidavits and therefore, the writ petition is being disposed of finally at the admission stage.2, The dispute relates to plot No. 59, Civil Station. Allahabad, having an area of 1 acre and 4272 sq. yards (9112 sq. yards or 7618 sq. metres). A lease of the aforesaid plot was granted in favour of Thomas Crowby for a period of 50 years on 11.1.1868 by the Secretary of State for India in Council and it was signed by the Commissioner of Allahabad Division. A fresh lease was executed in favour of his successors for a period of 50 years on 12.4.1923 which was to operate from 1.1.1918. With the permission of the Collector, Allahabad, the successors of the lessee transferred their leasehold rights in favour of Purshottam Das in the year...
Ram Kawal Tiwari and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-07-2001
Reported in: 2002CriLJ1860
ORDERU.S. Tripathi, J.1. Heard learned counsel for the applicants and learned A.G.A. and perused the record.2. This application under Section 482, Cr.P.C. has been filed for quashing the order dated 16-8-2001 passed by Sessions Judge, Chandauli in Criminal Revision No. 21 of 2001 as well as the order dated 2-2-2001 passed by Civil Judge, (Sr. Division)/A.C.J.M., Chandauli in case crime No. 19 of 2000.3. An F.I.R. was lodged against the applicants under Sections 323, 498A, I.P.C. and 3/4 Dowry Prohibition Act by opposite party No. 3. After investigation the police submitted charge-sheet against the applicants under said Section.4. On the receipt of the charge-sheet, the accused applicants were summoned. On the date of charge, the applicants moved an application for discharging them under Section 239, Cr.P.C. mainly on the ground that according to prosecution allegations the opposite party No. 3 was turned down from her matrimonial home after beating on 5-2-2000. That opposite party No. ...
Guru Pal Singh Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-07-2001
Reported in: 2002CriLJ1517
ORDERR.K. Dash, J.1. A short, but interesting question, that arises for consideration is whether the Court can compel an accused to give his specimen writings in order to facilitate the police to collect evidence in course of investigation by comparing the same with disputed writings.2. The petitioner has been arraigned as an accused in case crime No. 291 of 2000, under Sections 364A/392/411/368/120B, I.P.C., Police Station Banda, district Shahjahanpur The prosecution case in short is that on 19-12-2000 at about 7 a.m. Virendra Kumar, brother of the informant Ashok Kumar, accompanied by one Srikrishna left for the temple on a motorcycle to perform Puja. On the way, three persons kidnapped him in a Jeep and while going, they handed over a letter written in Gurmukhi language to Srikrishna in which a demand of rupees ten lac was made as ransom. According to the prosecution, the said letter was written by the present petitioner. In order to make use of the said letter as evidence against t...
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