Court : Allahabad
Decided on : Nov-06-1989
Reported in : 1990CriLJ747
..... shops which would be more on account of precautionary measures, but it does not affect even tempo of the community. a panic may be created even where there is an explosion of fire crackers which may be on account of false fear mistreating fire-works for bomb, unleashd by a criminal at the public place in order to achieve his object ..... police party with a view to kill them near street no. 1 of tilak road. the bomb missed them and it exploded on the road. the police party after the explosion chased you and your, associates and could arrest you and 2 others, while others fled away. on search one knife and a cycle chain was recovered from possession of ..... town of ferozabad and a country made tamancha and two live cartridges without licence were recovered from your possession in respect of which a case against you under section 25/27 of arms act is pending the trial in the court.'held...in certain criminal charges mentioned in grounds numbers 2, 3, 4 and 5, there is no difficulty in arresting .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-06-1989
Reported in : [1989]73STC319(All)
..... . the high court by an elaborate judgment dated 30th october, 1978 held that in view of explanation ii(i) of definition of 'turnover' as contemplated by section 2(i) of the u.p. sales tax act and the fact that the assessee did not recover any freight from the purchasers, the said amount of freight cannot be included in the turnover. in .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-25-1989
Reported in : [1989(59)FLR153]; (1990)ILLJ273All
..... the opposite parties themselves that the aforesaid transfer order was passed at the behest of the general secretary of the staff association.7. sub-section (1) of section 18 of the industrial disputes act, which was introduced by the amending act of 1956, was enacted to remedy a defect in the existing law. prior to the amendment, there was no provision to make such ..... raise an 'industrial dispute' on the identical matter agreed upon by their union. by the same amending act, the definition of 'settlement' was also amended, as the original definition contemplated only 'a settlement arrived at in the course of conciliation proceedings'. this sub-section provides that a settlement arrived at by the agreement between the employer and the workmen 'otherwise than in .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-02-1989
Reported in : AIR1991All68
..... measurement of land, amount of compensation, the persons to whom it is payable or the apportionment of compensation amongst the persons interested.8. sub-sec. (2) of s. 50 of the land acquisition act provides :'in any proceeding held before a collector or court in such cases the local authority or company concerned may appear and adduce evidence for ..... appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceeding under this act.....'11. learned counsel for the respondent contended that as a company or local authority has been given the right only to adduce evidence u/ sub-s. (2) of ..... was sought by the central ware housing corporation holding the same to be barred by the proviso to sub-s. (2) of s. 50 of the land acquisition act. thereupon, the corporation filed a writ petition under art. 226 of the constitution in the high court of madhya pradesh. the high court set aside the award itself .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-08-1989
Reported in : AIR1991All27
..... possible to entertain the present petition in which thepetitioner has merely sought a declaratory judgment on the constitutionality of the provisions of u. p. public services tribunal act.10. for the reasons stated above the petition is dismissed at the admission stage.11. after the above order was passed counsel for the petitioner prayed ..... chairman of the tribunal. this decision, therefore, is clearly distinguishable and cannot be applied to the tribunals constituted under the u. p. public services tribunal act particularly as the order or judgment passed by such tribunals are open to judicial scrutiny and review by the high court apart from being amenable to the supervisory ..... services tribunal although it is stated that his claim petition is pending before the u. p. public services tribunal. he wants a mere declaration that the act under which the tribunal has been constituted is unconstitutional.3. it is true that the powers available to a high court under art. 226 of the constitution .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-08-1989
Reported in : II(1989)ACC103; AIR1989All221
..... against whom the claim has been made.' 13. it may be recalled that claims tribunals were established after an amendment had been made in the motor vehicles act in 1957. section 96(2) earlier provided that the insurer will not be liable for satisfying the judgment unless the insurer had a notice of the commencement of the proceedings ..... supreme court) held that an insurer can not challenge in appeal the award of compensation by the claims tribunal on any otherground than what is contained in section 96(2) of the act. this, however, does not appear to be the correct position. in itbar singh, the supreme court was not dealing with the matter at the appellate ..... (1958) 65 acj 1 : (air 1959 sc 1331), the insurance company was not entitled to challenge the award on any ground other than those contained in section 96(2) of the act.3. the learned counsel for the appellant, however, submits that both the points raised by way of preliminary objection are not sustainable and the contentions are against .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-08-1989
Reported in : 1989CriLJ1177
..... passive role in helping the girl in giving shelter in the house or accompanying her to hospital for medical treatment cannot amount to taking within the meaning of section 361 i.p.c.9. the question whether there has been 'taking' must be decided with reference to the circumstances of the case including the question whether ..... further argued that his taking of kumari chhoti to t.t.c. hospital lucknow and getting her admitted there for medical treatment does not amount to offence under section 363 or 366 ipc and he has been wrongly convicted for these offences. there is much force in this contention also. there is solitary statement of kumari chhoti ..... . w. 7) investigated the case. he interrogated the witnesses, inspected the place of incident, prepared site-plan and submitted charge-sheet against the appellant for the offences under sections 363, 366 and 376 i.p.c.3. kumari chhoti was sent to dufferine hospital lucknow for medical examination. there she was examined by dr. (smt.) uma sahni .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-17-1989
Reported in : AIR1989All184
..... , being disposed of by a common judgment.2. long back the estate officer, in the purported exercise of powers under section 5 of the public premises (eviction of unauthorised occupation) act, 1971 (hereinafter referred to as the act) passed separate orders of eviction of the petitioners from the public premises of which they were found to be in unauthorised ..... 5, and 9 leads to the irresistible conclusion that an order made or action taken under sub-section (2) of section 5 has not been made appealable under section 9.10. the expression 'order' in the context of the provisions of the act is not a term of art. it has, therefore, to be understood in a natural and ..... view to overcome the difficulties which have been experienced in the working of the act and to make the administration of the act more effective are being introduced. in particular, it is stated that amendments of sections 4, 5 and 9 of the act for reducing the total period taken in eviction proceedings by reducing the period of .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-22-1989
Reported in : 1990CriLJ958
..... (pw 1) to achhaibar pandey accused, the documents relating to that transaction are exts. ka-1 and ka-2. a suit under section 229-b of u. p. zamindari abolition and land reforms act was filed prior to the occurrence against prabhu dayal (pw2) by vindhyachal pandey accused. ram dayal deceased was also a co-plaintiff of ..... of 1979 against the acquittal of vindhyachal pandey, janardan pandey, biten misra, gulab misra, bhardul misra, hasani ram, komal prasad, kashi, chhatthu, munesar and achhaibar pandey under sections 302/149. 307/149, 148 and 147, i.p.c. by the learned iv additional sessions judge in the aforesaid case.2. achhaibar pandey and janardan pandey accused are ..... . 1138 of 1979 against the judgment of the iv additional sessions judge, deoria dated 29-2-1979 passed in sessions trial no. 12 of 1976 convicting him under sections 302 and 307, i.p.c. and sentenceing him to life imprisonment and five years rigorous imprisonment respectively. the state of u. p. has filed government appeal .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-27-1989
Reported in : 1989CriLJ1772
..... unless for * reasons to be recorded in writing, the magistrate otherwise directs.we may mention that in the then existing section 497, cr. p.c., the only other change brought about by the said amending act, was that in sub-section (1) after the words 'accused of, the words 'or suspected of the commission of any' were added and ..... us. it reads thus:5. amendment of section 437. - in section 437 of the principal act, -(a) for sub-section (1), the following subsection shall be substituted, namely:(1) when any person accused of, or suspected of, the commission of any non-bailable offence, is ..... accused prosecuted for non-bailable offence.' corresponding changes were thus necessary in sub-sections (2) and (4). we think that if we have a look at section 5 of the criminal procedure code amendment act, 1980, i.e. act no. 63 of 1980, we will have the complete picture of section 437 cr. p.c. (new code) which is up for consideration before .....
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