Court : Allahabad
Decided on : Apr-22-2003
Reported in : 2003CriLJ4618
..... the application under section 156(3), cr. p.c. as a complaint. the petition is, therefore, allowed. the impugned order dated 27-2-2003 so far as it relates to registration of application under ..... a complaint.'8. thus the pronouncement of this court in the case of dinesh chandra (supra) clarified the position of complaint under section 200, cr. p.c. and application under-s. 156(3), cr. p.c. i, therefore, find that the learned c.j.m., mirzapur exceeded the jurisdiction in registering ..... dinesh chandra (supra) and it was held as follows :'the apex court has definitely not used the term complaint to thwart or defeat the purpose behind the enactment of section 156(3) itself. the term was never used with any intention that the reference order appears to channelise. thus in my view it should be an application and not .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-07-2003
Reported in : 2003CriLJ2276
..... manner by inspector tribhuwan nath pandey, p. w. 7. his evidence shows :--the f.i.r. was lodged in his presence, he thereafter interrogated sardar, sunder and babu lal under section 161, cr. p. c. at the police station and then proceeded to the place of incident. he found the corpse of rameshwar on the latter's door and performed the ..... years' r. i.3. ram asrey, khelawan, bhagwati and raja ram :(i) under section 147, i.p.c. to one year's r. i.; and(ii) under section 326, i.p.c. read with 149, i.p.c. to three years' r. i.the substantive sentences of the six appellants have been ..... and sentenced in the manner stated hereinafter :--1. ram harakah :(i) under section 148, i.p.c. to two years' r. i.; and(ii) under section 302, i.p.c. to imprisonment for life.2. kallu :(i) under section 148, i.p.c. to two years' r. i.; and(ii) under section 326, i.p.c. read with 149, i.p.c. to three .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-29-2003
Reported in : [2005]277ITR98(All); [2004]141TAXMAN651(All)
..... case of gauri shankar chowdhury (supra), the patna high court has held that appeal, reference or revision or any other proceedings before a court under section 150(1) of the act must relate to the assessee in question and not any direction or assessment made in appeal, reference or revision in the case of any other assessee ..... and could not be reopened due to bar of limitation, that was attracted at the relevant time to the proposed reassessment proceedings under the provisions of section 149 of the act.it has further held as follows :'a fiscal statute more particularly a provision such as the present one regulating period of limitation must receive strict construction. ..... have been seized be released. according to the petitioner, immediately thereafter the respondent no. 4 issued notices dated 20-11-2003 purporting to be under section 148 of the act in respect of the assessment years 1989-90 to 1994-95. the said notices are under challenge in the present writ petition on the ground that .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-10-2003
Reported in : (2003)2UPLBEC1351
..... done nothing whatsoever to put an end to his employment and hence, the case does not fall within the meaning of section 2 (oo) of the act. therefore, the case does not attract section 2 (oo), nor does it satisfy the requirement of section 25-f.'26. in buckingham and carnatic co. ltd v. venkatiah and anr., air 1964 sc 1272, while ..... 'retrenchment' in section 2 (oo) of the act. there was nothing of the sort in the instant case. it was the workman who ceased to report for duty therefore, this is a case in which the ..... explained the distinction between 'retrenchment' and 'abandonment' from service, observing as under :'retrenchment within the meaning of section 2 (oo) means termination by the employer of the service of the workman for any reason whatsoever. therefore, it contemplates an act on the part of the employer which puts an end to service to fall within the definition of the expression .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-10-2003
Reported in : 2004CriLJ2672
..... -- pure or simple. some kinds of order may fall in between the two. by a rule of harmonious construction, we think that the bar in sub-section (2) of section 397 is not meant to be attracted to such kinds of intermediate orders. they may not be final orders for the purposes of article 134 of the constitution, ..... sessions judge appears to have rightly allowed the revision against the order dated 20/22-7-1995 passed by the sub divisional magistrate concerned. the emergency provisions of section 146 of the code were definitely not worth invoking. there was absolutely no material available before the magistrate on 20/22-7-1995 to record his satisfaction about ..... yet it would not be correct to characterize them as merely interlocutory orders within the meaning of section 397(2).. ... .... yet for the reasons already alluded to. we feel no difficulty in coming to the conclusion, after due consideration, that an order rejecting the .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-18-2003
Reported in : 2004CriLJ2712
..... examined eight witnesses besides shiv bhushan singh, brother of complainant and moinuddin khan assistant sub-inspector of police office fatehpur, as court witnesses. the appellants were examined under section 313 cr. p.c. no oral defence evidence was adduced. out of the witnesses examined by the prosecution, three witnesses, namely, brij bhushan singh. smt, ..... one year's rigorous imprisonment and appellants shiv karan singh. adru singh, ram niwas singh and desh raj singh have been found guilty for the offence under section 148 indian penal code and sentenced to undergo two years' rigorous imprisonment.2. the appellants and two others, namely, ram bahadur and arjun singh (died ..... sessions judge, fatehpur convicting the appellants ram niwas singh, shiv karan singh, jai karan singh, desh raj singh and adru singh for the offences under sections 302/149 indian penal code and 364/149 indian penal code and sentencing each one of them to undergo life imprisonment for each offence. the appellants have .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-25-2003
Reported in : 2004CriLJ2370
..... , ram bilas, moti, smt. gilha, bhognath, rohan and mangrey.there can be no manner of doubt that the learned trial judge acted correctly in finding them guilty for offences punishable under sections 302/149, ipc 324/149 ipc, and 323/149 ipc because the evidence of the eye-witnesses shows that they had formed an ..... and rohan were armed with deadly weapons the learned trial judge acted correctly in convicting them for the offence punishable under section 148 ipc and inasmuch as appellants janki and mangrey were armed with blunt weapon (lathi) he acted rightly in convicting them for that punishable under section 147, ipc.so far as the sentence of the appellants for ..... the offence punishable under section 302/149 i. p. c. is concerned the learned trial judge gave them the lessor sentence, .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-28-2003
Reported in : 2004CriLJ104
..... but true purport of the same to be understood, keeping in view the provisions of section 58 of the indian evidence act as also the purpose of section 313, cr.p.c. flowing from the phraseology employed therein. section 58 of the indian evidence act states that the facts admitted need not be proved. it is applicable to civil and ..... and succeeded in snatching gun from him before he could reload it to widen and enlarge his criminal act. the accused appellant then managed to make his escape good. he thereafter vanished and went underground surrendering only after proceedings under section 82/83, cr.p.c. were initiated against him by the investigating officer. his conduct, too, ..... explanation parts, if there is an admission of the accused in his statement under section 313, cr.p.c. in relation to other facts and circumstances, they can be acted upon as his admission within the parameters of section 58 of the indian evidence act. to say in other words, that part of the statement of the accused under .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-24-2003
Reported in : AIR2003All182
..... their reference in which they have been used in the cross-examination to draw inference against him. even if a part of statement is treated as an admission, sections 17 and 31 of evidence act (1 of 1872) make it clear that an admission is not conclusive proof of the matter admitted. an admission merely suggests an inference to the court on ..... ) whereas the authorised seal issued by poll authorities was the seal bearing 'arrow mark' (swastik seal).3. amrish, respondent no. 2, filed an election petition under sections 19/20 of the u.p. municipalities act, 1916, challenging petitioner's election. in paragraphs 10 to 15 of writ petition, it was stated that all 1246 votes were invalidated on the ground that they .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-25-2003
Reported in : (2004)ILLJ4All
..... amount of subsistence allowance cannot be termed as wages and therefore, the authority under the payment of wages act has no jurisdiction to pass the impugned order in view of the definition of wages defined under section 2 sub-section (vi) of the payment of wages act. this contention has rightly been rejected by the prescribed authority as well as by the appellate authority ..... .2. heard learned counsel for the parties. by means of this writ petition, petitioner has challenged the order passed by the prescribed authority under the provisions of payment of wages act and the order passed by the appellate authority whereby the appellate authority confirmed the order passed by the prescribed authority. prescribed authority has allowed the payment of subsistence allowance amounting .....
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