Allahabad Court September 2013 Judgments
Padam Gupta Vs. State of U.P. and Another
Court: Allahabad
Decided on: Sep-27-2013
Bharat Bhushan, J. 1. This criminal revision is directed against the order dated 26.10.2010 passed by learned Addl. Chief Judicial Magistrate 1st, Firozabad in Criminal Complaint Case No. 4251 of 2010 (Surendra Kumar Jain Vs Padam Gupta) under Section 138 of Negotiable Instruments Act 1881 (in short N.I. Act), P.S. Tundla, District Firozabad. 2. The facts of the case are that opposite party no. 2/complainant lodged a criminal complaint under Section 138 of N. I. Act in the court of learned ACJM 1st, Firozabad alleging therein that he was tenant of a shop in a market situated at Tundla Crossing, belonging to the father of revisionist. It is alleged that some portion of the market was demolished on account of road widening and constructions of four lane road by the National Highway Authority. Revisionist asked the complainant for vacating the said shop, promising to restore back the shop after reconstruction. It is also alleged that the complainant was also paid Rs. 1,50,000/- as compens...
Tag this Judgment!Neetu and Others Vs. State of U.P. Thru Secy and Others
Court: Allahabad
Decided on: Sep-23-2013
Pankaj Mithal, J. Shakespeare in one of his famous plays 'The Merchant of Venice' had said: "Love is blind and lovers cannot see the pretty follies that themselves commit" This is probably the reason that not only young boys and girls but man and women of age in love fall into the clutches of unscrupulous persons. All these writ petitions are glaring examples where couples have been deceived in the name of justice by none other than the keepers of law. In all of these writ petitions, the petitioners who have married with their own free will but against the wishes of their family members have made a prayer that their married life may not be disturbed by their parents and relatives with the help of police force and that they be given adequate protection. In support of the marriage petitioners have filed marriage certificates all issued on different dates by one Dr. Arun Kumar Upadhyaya, Former Member, Lok Adalat, Nyayapeeth and Secretary of the Matrimonial Disputes, Arbitration and Conci...
Tag this Judgment!Kotak Mahindra Bank Ltd. Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-20-2013
In 1981, a loan of Rs.500 lacs was sanctioned by the ICICI Bank in favour of U.P. State Cement Corporation Ltd.(hereinafter referred to as UPSCCL), which is a corporation incorporated under the Companies Act and which was also a Government of Uttar Pradesh undertaking. In 1983, the State of Uttar Pradesh gave an unconditional guarantee for repayment of the loan. Subsequently, this Company became a sick industry and eventually, in the year 1997, BIFR recommended winding up of this Company. An appeal was filed and AIFR maintained the order of the BIFR. Eventually, the High Court issued a winding up order and appointed the Official Liquidator to liquidate the assets of the Company. In the year 2001, ICICI Bank filed an original application under Section 19 of the Recovery of Debts Due to Banks and Financial Institution Act, 1993 (hereinafter referred to as the Act of 1993) against UPSCCL and the State of Uttar Pradesh for recovery of Rs.56.41 Crores. During its pendency, ICICI Bank assign...
Tag this Judgment!Kotak Mahindra Bank Ltd. Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-20-2013
In 1981, a loan of Rs.500 lacs was sanctioned by the ICICI Bank in favour of U.P. State Cement Corporation Ltd.(hereinafter referred to as UPSCCL), which is a corporation incorporated under the Companies Act and which was also a Government of Uttar Pradesh undertaking. In 1983, the State of Uttar Pradesh gave an unconditional guarantee for repayment of the loan. Subsequently, this Company became a sick industry and eventually, in the year 1997, BIFR recommended winding up of this Company. An appeal was filed and AIFR maintained the order of the BIFR. Eventually, the High Court issued a winding up order and appointed the Official Liquidator to liquidate the assets of the Company. In the year 2001, ICICI Bank filed an original application under Section 19 of the Recovery of Debts Due to Banks and Financial Institution Act, 1993 (hereinafter referred to as the Act of 1993) against UPSCCL and the State of Uttar Pradesh for recovery of Rs.56.41 Crores. During its pendency, ICICI Bank assign...
Tag this Judgment!Shaukat Ali Vs. State of U. P. and Others
Court: Allahabad
Decided on: Sep-13-2013
Anil Kumar Sharma, J. 1. Heard learned counsel for the parties at length and perused the material on record. 2. In this Writ u/s 226 of the Constitution, the petitioner has prayed for issue of writ, order or direction in the nature of Certiorari quashing the order dated 3.5.2013 passed by Addl. District Judge/Special Judge, (S.C. and S.T. Act), Gautam Budh Nagar in Criminal Revision no. 145 of 2013 and order dated 11.9.2012 passed by Chief Judicial Magistrate in Misc. Application no. 949 of 2013 State Vs. Iqbal and orders. It has been further prayed that the FIR dated 29.6.2012 being case crime no. 422 of 2012 u/s 279, 429, 289, 290 IPC read with Section 7 Criminal Law Amendment Act and Section 16C, 43(2), 48-A and 51 of Wild Life Protection Act, 1972, P.S. Sector-39 Noida District Gautam Budh Nagar be quashed and a writ, order or direction in the nature of Mandamus commanding the respondents to release the elephant with chip no. 958000000/522960 taken in possession by respondent no. 4...
Tag this Judgment!Anand Pasi Vs. State of U.P. and Another
Court: Allahabad
Decided on: Sep-13-2013
1. Heard Sri Rajiv Lochan Shukla, learned counsel for the revisionist and learned AGA for the State as also the DGC (Criminal), Allahabad summoned by the Court vide order 23.5.2013. 2. This revision challenges the order dated 13.3.2013 passed by Addl. Sessions Judge, Court no. 9, Allahabad in S. T. No. 73 of 2009 State Versus Anand Pasi and others u/s 302 IPC P.S. Civil Lines, District Allahabad whereby after closure of arguments of the defence, allowing the application of the prosecution permission has been accorded to put the DNA report paper no. 32-A/2 to 32-A/10 to the revisionist in his additional statement u/s 313 Cr. P.C. 3. Assailing the impugned order, the learned counsel for the revisionist has vehemently argued that the DNA report could not be admitted in evidence without its formal proof as required under the law unless it is demonstrated that the same could be considered in view of Sections 293 and 294 Cr. P. C., therefore, the accused cannot be put to explain the same. 4....
Tag this Judgment!M/S. Santkripa Trading Co. Administrative Office and Others Vs. Bank o ...
Court: Allahabad
Decided on: Sep-11-2013
Ashok Bhushan, J. Heard Shri Ashok Pandey, learned counsel for the petitioners and Shri Manish Mehrotra, learned counsel appearing for the respondents Bank. The petitioners, by this writ petition have prayed for quashing the e-auction notice dated 25/8/2013, issued by the Bank for auction of the mortgaged assets in exercise of power under Section 13 (4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter called the "Act, 2002"). Brief facts giving rise to this writ petition are: On an application made by the petitioner no.1 through petitioner no.2 a Cash Credit Limit of an amount of Rs. 1.5 Crores was sanctioned by the Bank in favour of the petitioner no.1. Similarly, on an application made by the petitioner no.3, through petitioner no.4 a Cash Credit Limit of Rs. 1 Crore was sanctioned in favour of the petitioner no.3 by the Bank. The account of the petitioners no.1 and 3 were declared NPA on 28/9/2012. A demand noti...
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