Allahabad Court February 2012 Judgments

The New India Assurance Company Limited Vs. Smt. Anita and Others

Court: Allahabad

Reported in: 2012(2)TNMAC140

Y.C. Gupta, J. 1. It appears that on account of the death of Sanjay in an accident which took place on 7th June, 2007 at 9.00 A.M., his widow Smt. Anita filed Motor Accident Claim Case No. 313 of 2007 while the parents of the said Sanjay, namely, Smt. Krishna Sharma and Ram Niwas Sharma filed Motor Accident Claim Case No. 79 of 2008. Separate evidence was recorded in both the Claim Cases. Thereafter, the said Smt. Anita (petitioner in Motor Accident Claim Case No. 313 of 2007) gave an application for consolidating both the Claim Cases whereupon by the Order dated 11th July, 2011, both the Claim Cases were consolidated, and the Motor Accident Claim Case No. 313 of 2007 was made the leading case. Both, the Claim Cases were decided by a common Judgment and Order/Award dated 25th July, 2011 passed by the Motor Accidents Claims Tribunal, Bulandshahr. 2. The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 25th July, ...

Reliance General Insurance Company Limited Vs. Smt. Nazma Khatoon and ...

Court: Allahabad

The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 13.5.2011 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Case No. 1007 of 2009 filed by the claimant-respondent nos. 1,2 and 3 on account of the death of Ali Alam, son of the  claimant-respondent no.1 in an accident which took place on 4.5.2009 at about 12.30 P.M. The case setup in the Claim Petition was that on 4.5.2009, the said Ali Alam and his father Masood Alam were going to their residential place Uldhan on a ThreeWheeler bearing Registration No. UP15AT1404 (hereinafter also referred to as "the vehicle in question") in Kasba Kharkhauda, District-Meerut; and that the Driver of the said Three-Wheeler (i.e. the vehicle in question) was driving the same rashly and negligently despite the request by the passengers not todoso; and that when at about 12.30 P.M., the Three-Wheeler (i.e. the vehicle in question) reached in fron...

Satendra and Another Vs. State of U.P.

Court: Allahabad

Reported in: 2012CrLJ2662

Kalimullah Khan, J. 1. These two Criminal Appeals No. 5509 of 2007 and Criminal Appeal No. 4954 of 2007 preferred by the convicted appellants Satendra and Neetu respectively have been directed against the impugned judgment and order dated 25.7.2007 passed by Additional Session Judge, Court No.1, Muzaffar Nagar in S.T.No. 472 of 2005 State of U.P. Vs. Satendra and others convicting the appellants under sections 148, 450/149, 323/149, 307/149 and 302/149 I.P.C. and sentencing them to undergo two years rigorous imprisonment for the offence punishable under section 148 I.P.C., to undergo 5 years rigorous imprisonment and to pay a fine of Rs. 5000/- and in case of default in payment of fine to undergo 6 months further imprisonment for the offence punishable under section 450/149 I.P.C.; to undergo one year rigorous imprisonment for the offence punishable under section 323/149 I.P.C.; to undergo 5 years rigorous imprisonment and to pay a fine of Rs. 5000/- and in case of default in payment o...

M/S. Shyam Ice and Cold Storage (P) Ltd. and Others Vs. M/S. Syndicate ...

Court: Allahabad

1. The petitioner no.1 had taken a loan from the respondent-Syndicate Bank for which the petitioners no.2 to 7 were guarantors. There was default in payment of the loan amount. By order dated 3.4.2010 passed by the General Manager, Syndicate Bank, Agra the account of the petitioners was declared Non-Performing Asset (NPA). The said order was challenged by the petitioners by filing Writ Petition No. 21868 of 2010 in which initially an interim order was granted staying the operation of the order dated 3.4.2010 but the same was not extended subsequently. The said writ petition is still pending. In the meantime, on 15.10.2011, the petitioners filed an application for One Time Settlement (OTS) which was under active consideration of the Bank. However, simultaneously proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short Act of 2002) were initiated against the petitioners and a notice under Section 13 (2) of the A...

Satish Kumar Vs. U.P. Jal Vidyut Nigam Limited and Others

Court: Allahabad

Reported in: 2012CrLJ2274

1. Heard Sri S.K. Kalia, Senior Advocate, assisted by Sri Vidhu Bushan Kalia, learned Counsel for the petitioner and Sri Nirad Kumar, learned Counsel for the opposite parties. 2. As the pleadings have already been exchanged between the parties, with the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself. 3. Through the instant writ petition under Article 226 of the Constitution of India, the petitioner has questioned the validity and correctness of the order dated 2nd February, 2012 passed by the Chairman-cum-Managing Director, U.P. Jal Vidyut Nigam Limited, contained in Annexure No.1 to the writ petition, retiring the petitioner from service w.e.f. 29.2.2012 on the basis of his application for voluntary retirement. 4. In short, facts of the case are that the petitioner was initially appointed on the post of Assistant Engineer in U.P. State Electricity Board. On account of his satisfactory services, he was promoted in due co...

Kamla Vs. State of U.P.

Court: Allahabad

This appeal has been preferred by the sole appellant Kamla against his conviction u/s 307 I.P.C. and imposed sentence of two years R.I. therefor recorded by IInd Additional Session’s Judge, Azamgarh, vide impugned judgement and order dated 6.3.1981, passed in S.T. No.502 of 1976, State vs. Sugriv and others, relating to P.S. Doharighat, district Azamgarh. Stated briefly, prosecution allegations against the appellant, as was scribed by the informant Prem Singh(P.W.1), in his written report, Ext. Ka.1, were that on the festive day of Holi,27.3.75 at 9p.m., song and dance party of Phool Chand Harijan of village Mahula was putting up it’s show at the door of Khurmilli, a collateral of the informant Prem Singh(PW1), which was adjacent to the informant’s house in village Bankatia. Two mikes, facing different directions, east and south, towards village populations, were attached with it and hence sound decibel of those loudspeakers were much more. Same day, same time,in the ...

Ajai Alias Ajju and Others Vs. State of U.P. and Others

Court: Allahabad

Ramesh Sinha, J. The aforesaid jail appeals have been filed by the appellants against the judgment and order dated 24.9.2009, passed by the Additional Sessions Judge, Court No.3, Ghaziabad in S.T. No.1371of 2007 (State Vs.  Braj Pal and others), whereby the appellants-Braj Pal, Mukesh, Ravi and Ajai alias Ajju have been convicted under Section 302 read with Section 149 I.P.C. and sentenced to penalties for death. Again the appellants have been convicted under Section 148 I.P.C.  and sentenced to rigorous imprisonment for three years. The appellants have also been convicted under Section 307 read with Section 149 I.P.C. and sentenced to undergo imprisonment for life and a fine of Rs.50,000/- each and in default of payment of fine, they  have to undergo three months further imprisonment. Again, the trial Court  convicted the appellants under Section 452 I.P.C. and sentenced to undergo further imprisonment for seven years  rigorous imprisonment  each and a&nb...

Mahabeer Singh and Others Vs. State of U.P.

Court: Allahabad

Reported in: 2012CrLJ3283

1. The present appeal arises out of judgement dated 28.07.1983 passed by learned Sessions Judge Mathura in Session Trial No. 239 of 1982 by which the six appellants were held guilty of committing offence under Section 302/149 I.P.C. and each of them was directed to suffer rigorous imprisonment for life. There were individual orders of conviction also, like, appellant Mahabir Singh and Phal Singh were held guilty also under Section 148 I.P.C. and each of them was directed to suffer rigorous imprisonment for two years. Likewise, appellant Jaipal Singh was held guilty of committing offences under Sections 147 and 379 I.P.C. and was directed to suffer rigorous imprisonment for one year and two years on the two respective counts. The remaining appellants, namely, Om Prakash, Raj Pal and Satya Pal were also held guilty of committing the offence under Section 147 I.P.C. and each of them was also directed to suffer similar term of imprisonment like Jaipal Singh. 2. The prosecution case is cont...

Ajay Pal and Others Vs. State of U.P.

Court: Allahabad

This appeal has been filed by appellants Ajai Pal( A-1), Mahesh(A-2) and Suresh(A-3) against the judgement and order dated 19.12.1980 passed by IIIrd Additional Session’s Judge, Agra in S.T. No. 267 of 1980, State Vs. Ajai Pal and others, by which, learned trialJudge has convicted all the three appellants under Section 307/34, 325/34, 323/34 I.P.C. and has sentenced them to two years R.I. for the first charge, twenty one months R.I. for the second charge and three months R.I. for the last charge, with further direction that all the sentences of each of the appellants shall run concurrently. A fined Rs. 50/- on each of the appellants was also imposed for offence u/s 325/34, I.P.C. and in case of default in payment thereof they were directed to serve further R.I. for six weeks. Prosecution allegations against the appellants, which was scribed by Hori Lal, vide written F.I.R., Ex. Ka-9, at the dictation of informant Het Ram(P.W.2) were that on 29.11.1979 at 11 a.m., appellants herei...

Chandra Bhan and Others Vs. State of U.P

Court: Allahabad

Reported in: 2012CrLJ3150

Dharnidhar Jha, J. 1. The two appellants were put on trial by the learned IV Additional Sessions Judge, Aligarh by being indicated under Sections 148/302/149 IPC in S.T.No.309 of 1980 and by judgment dated 23.4.1982 the appellants were found guilty of committing the two offences. After being heard under Section 235 Cr.P.C., each of the two appellants were directed to suffer rigorous imprisonment for three years under Section 148 IPC and rigorous imprisonment for life under Sections 302/149 IPC. 2. The appellants have come up before this Court through this appeal to challenge the judgment of conviction and order of sentence passed by the learned trial Judge. 3. The prosecution case is contained in the written report Ext. Ka.2 filed by PW-1 Chhatrapal, who happened to be the grand father of the deceased Ashok. It was stated that the informant along with his daughter-in-law Smt.Ramwati(PW-2),who was the wife of his deceased son Prem Pal and mother of the deceased Ashok, were going to thei...