Allahabad Court October 2012 Judgments
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Anupam Vashishth Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Oct-05-2012
1. CHALLENGE in this revision is to the order dated 15.4.2010 passed by Chief Judicial Magistrate, Aligarh in Case no. 263/12/2009 Jamuna Prasad Vs. Anupam Vashishta and others and later case no. 2247 of 2010 whereby the protest petition filed by opposite party no. 2 against final report submitted by the police in case crime no. 207/09 u/s 304-B, 498-A IPC and Dowry Prohibition Act P. S. Banna Devi, Aligarh had been allowed and rejecting the final report cognizance against revisionists has been taken u/s 190(1)(b) Code of Criminal Procedure. 2. FACTS germane to the revision are that the opposite party no. 2 filed an application u/s 156(3) Cr.P.C. in the Court of Chief Judicial Magistrate, Aligarh on 3.2.2009 wherein he stated that the marriage of his daughter Reena was solemnized with accused Anupam Vashishtha on 20.3.2006 in Aligarh and he spent Rs. 8.0 lacs in the marriage. The accused persons demanded a Honda City car at the time of marriage, else they would not marry. However, aft...
Faqira and Others Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Oct-05-2012
Surendra Kumar, J. 1. THREE accused persons Faqira (appellant No. 1), Rawahil @ Rawshil (appellant No. 2) (real brothers being sons of Tehsin) and their cousin brother Furkan (appellant No. 3), son of Yamin, residents of Village Khandrawali, Police Station Kithaur, District Meerut, have preferred this criminal appeal by invoking criminal appellate jurisdiction of this Court under Section 374(2) Cr.P.C. against the judgment and order dated 26.4.1982 passed by Vth Additional Sessions Judge, Meerut, in Session Trial No. 72 of 1980-State Vs. Faqira and two others, relating to Crime No. 367 of 1979, under Sections 302/307 I.P.C., Police Station Kithaur, District Meerut, whereby the appellants were held guilty and convicted and sentenced to imprisonment for life under Section 302 I.P.C. read with Section 34 I.P.C., seven years Rigorous Imprisonment under Section 307 I.P.C. read with Section 34 I.P.C., and four years Rigorous Imprisonment under Section 458 I.P.C. All the sentences were direct...
Rajat Lal Vs. Commissioner of Income Tax
Court: Allahabad
Decided on: Oct-04-2012
1. THIS income tax appeal under Section 260A of the Income Tax Act, 1961 (for short, the Act) filed by the assessee appellant arise out of the order dated 30.11.2004 passed by the Income Tax Appellate Tribunal (in short, the Tribunal) relating to assessment year 1997-98 by which the appeal filed by the Joint Commissioner of Income Tax, Special Range, Muzaffarnagar was partly allowed and while setting aside the order of the CIT (A), Muzaffarnagar dated 20.5.2000 deleting the capital gain of Rs.4,77,14,279/- from the total income of the assesses-appellant, as computed by the A.O. The A.O. was made free to tax it, in the order in which the transfer of shares took place in accordance with law. 2. THIS appeal was admitted by the Court on 17.1.2005 on the questions of law as follows:- "A. Whether on the facts and in the circumstances of the case, the Tribunal erred in law in holding that capital gains on transfer of shares were liable to tax during the previous year relevant to assessment ye...
Tomaso Bruno and Another Vs. State of U.P.
Court: Allahabad
Decided on: Oct-04-2012
We have heard Sri Gopal Saran Chaturvedi, learned Senior Advocate assisted by Sri Samit Gopal and Sri Vibhu Shanker, Advocates on behalf of the appellants and Sri Arunendra Singh, learned Additional Government Advocate for the State-respondent. This criminal appeal is directed against the judgment and order dated 23rd July, 2011 passed by the Additional Sessions Judge, Court No.-13, Varanasi in Session Trial No. 299 of 2010 (State of U.P. vs. Tomaso Bruno and Another) arising out of case Crime No. 34 of 2010 under Section 302 read with Section 34 of the Indian Penal Code, Police Station- Chetganj, District Varanasi. Under the judgment, both the appellants before this Court have been convicted of an offence under Section 302 read with Section 34 of the Indian Penal Code and have been sentenced with life imprisonment and fine of Rs. 25,000/- each, in case of default to undergo imprisonment for one more year. The case of the prosecution, as reflected from the records, is as follows: Accus...
Jagdish Prasad Vs. State of U.P. and Another
Court: Allahabad
Decided on: Oct-04-2012
Rajes Kumar, J. Heard Sri Siddharth Khare, learned counsel for the petitioner and Sri Pankaj Rai, learned Additional Chief Standing Counsel. The petitioner was recruited as Constable in the year 1982 and was posted in the Provincial Armed Constabulary on 15.03.1982. The petitioner was transferred to the Civil Police in the year 1988 and was posted in district Budaun. Superintendent of Police, Budaun vide order dated 27.12.1997 dismissed the petitioner from service, which is impugned in the present writ petition. The dismissal order has been passed without making any inquiry exercising the power under Rule 8(2)(b) of U.P.Police Subordinate Rank (Punishment and Appeal), Rules, 1991 (hereinafter referred to as "Rules, 1991"), which gives power to the authority concerned to award the punishment without inquiry after recording the reasons. In the impugned order, respondent recorded the reasons namely that the petitioner has been asked to arrest one Sri Aaram Singh, involved in case crime no...
Cit-i, Agra Vs. Anil Chand Bansal
Court: Allahabad
Decided on: Oct-04-2012
1. THIS Income Tax Appeal under Section 260-A of the Income Tax Act, 1961 (for short, the Act) arises out of judgment and order dated 20.6.2002 passed by the Income Tax Appellate Tribunal, Agra Bench, Agra in ITA No. 8157/Del/1992 for the assessment year 1988-89. The appeal was admitted on 19.7.2007, on the following substantial questions of law:- "(1) Whether on the facts and in the circumstances of the case the Tribunal is legally justified in holding that there has been no failure on the part of the assessee to disclose fully and truly all material facts in respect of income of minor children for the purpose of assessment for the year under consideration. (2) Whether on the facts and in the circumstances of the case the Tribunal is legally justified in holding that since the reasons recorded for reopening of the assessment do not stand legal scrutiny and the initiation of proceedings u/s 147 (1)/148 of the I.T. Act was bad in law addition made in pursuance thereto were legally susta...
Vijay Kumar Upadhyay Vs. State of U.P. and Another
Court: Allahabad
Decided on: Oct-01-2012
Vijay Prakash Pathak, J. The present application under Section 482 of Cr.P.C. has been filed by the accused-applicant Vijay Kumar Upadhyay with the prayer to quash the criminal complaint No. 13 of 2009 Sureshji Rajpoot @ Suresh Chandra Rajpoot Vs. Vijay Kumar Upadhyay under Section 138 Negotiable Instrument Act, (herein after referred to as the Act) Police Station Nawabad, District Jhansi, pending in the Court of Additional Chief Judicial Magistrate, Court No.8, Jhansi and also to quash the summoning order dated 17.2.2010 passed in the aforesaid complaint.The facts of the case are that opposite party no.2 Sureshji Rajpoot @ Suresh Chandra Rajpoot filed a complaint against the applicant with the allegations that the complainant (opposite party No.2) and the accused (applicant) were neighbors being Shiksha Mitra. The complainant was also doing the work of agriculture and Tent House alongwith the job of Shiksha Mitra. The accused asked for an amount of Rs. Two lakhs from the complainant f...
Krishna Kant Chaturvedi Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Oct-01-2012
1. Heard Sri Veer Singh, Advocate and Sri Ravi Chandra Srivastava, learned amicus curiae for the appellant and Sri Anand Tiwari, learned AGA for the State and perused the evidence on record. 2. The appellant Krishna Kant Chaturvedi has preferred the instant criminal appeal against the judgment and order dated 11.8.1981 passed by I Additional Sessions Judge, Azamgarh, in Session Trial No.428 of 1977, State Vs. Krishna Kant Chaturvedi and six others, relating to Crime No.14 of 1977, under Sections 147, 148, 149, 336, 307, 302 IPC, Police Station Ahiraula, District Azamgarh, whereby the appellant has been convicted under Sections 302 read with Section 34 IPC, 307 read with Section 34 IPC and 323 read with Section 34 IPC and has been sentenced to undergo life imprisonment, five years rigorous imprisonment and one year rigorous imprisonment respectively. All the sentences were ordered to run concurrently. By the impugned judgment, the learned trial Judge has acquitted remaining co-accused n...
New India Assurance Co.Ltd. Vs. Usha Devi
Court: Allahabad
Decided on: Oct-01-2012
1. THESE two appeals filed under Section 30 of Workmen's Compensation Act were heard together and are being disposed of by a common judgment. Learned counsel for the parties jointly stated that common questions of law and facts are involved in both the appeals. 2. TRACTOR bearing registration no. UP-25-B/8706 owned by the respondents no. 2 to 4 jointly was insured with the present appellant for own goods. The owners had employed two labourers, namely, Rakesh Kumar S/o Buddh Sen and Rakesh Kumar s/o Bihari Lal. The owners on 25th November, 1995 send the tractor along with aforesaid two labourers to bring sugarcane and when the tractor reached on Brijpuri railway crossing, a coming train hit the tractor which caused fatal injuries to aforesaid two labouers. They died during the course of employment and each one of them was getting Rs.1,800/- per month as wages. This led to filing two claim petitions being Case Nos. 49/WCA/99 and 50/WCA/99 before the Workmen's Compensation Commissioner. T...
Udai Bhan Singh Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Oct-01-2012
1. THE two appellants father Udai Bhan Singh (A-1) and son Phool Singh (A-2) had committed fratricide /patricide on 27.8.1979 at 8.30 p.m. in village Arka, police station Karari, district Fatehpur by gunning down and inflicting several incised wound to Chandra Bhan Singh, who was none else other than real brother of (A-1) and uncle of (A-2) for which crime both of them were prosecuted, by III Additional Sessions Judge, Allahabad in S.T. No.39 of 1980, State Vs. Udai Bhan and another, and were convicted under Section 302/34 IPC and sentenced to imprisonment for life. Hence this appeal. Pending final outcome of their appeals, appellant Udai Bhan Singh (A-1) expired and his appeal was abated on 11.1.2012. Now only the appeal of appellant Phool Singh (A-2) is to be considered by us. 2. COMPLETE narration of the prosecution case was made by the informant Smt. Itwari Devi P.W.1 (widow of deceased Chandra Bhan Singh), Lalloo Singh P.W.2 and Kalyan Singh P.W.4 (both sons of the deceased), duri...
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