Court : Allahabad
Decided on : Nov-03-1989
Reported in : AIR1990All74; [1990(60)FLR147]; (1990)3UPLBEC1866
..... like an individual as they have to rely on the working of their officers/ officials and their counsel as well. while disposing of an application under section 5 of the limitation act the court is only required to consider the sufficiency of the case taking into account the reasonable facts of the case. there is no doubt that the ..... not inform about the delay in filing the appeal and it was after some time that the applicant per force was directed to file an application under section 5 of the limitation act along with an affidavit. learned counsel for the applicant further submitted that the applicant had to undergo various formalities in filing the appeal after the decision of ..... 9-1983 and the appeal was filed on 20-10-1983. later on it was found that the appeal was beyond-time and as such an application under section 5 of the limitation act for condonation of delay was filed on 31-10-1983. this application was supported by an affidavit. the application was, however, rejected vide order dt. .....
Tag this Judgment!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 : Nov-15-1989
Reported in : AIR1990All73
..... neither adjudicates upon any right or obligation of the parties in controversy nor affects any of their right or liability and as such it is not revisable under section 25 of the act. in any case, if there is any error, defect or irregularity in the impugned order adjudicating upon the admissibility of the document it will be upon to ..... right or obligation of theparties in controversy cannot amount to a case decided, which is a condition precedent for exercise of powers under section 25 of the act. in its decision, rendered in the central bank of india ltd. v. gokal chand, reported in air 1967 sc 799, the hon'ble supreme court has ..... & others, whereby the learned judge has held the document 52c, which is, indisputably, a copy of an award, to be inadmissible in evidence.2. under section 25 of the act only such decrees or orders are open to challenge which are made in any case decided. it cannot be gainsaid that any order which docs not adjudicate upon any .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-15-1989
Reported in : 1990ACJ986
..... and his left hand bone was fractured and he has been permanently incapacitated. his claim for rs. 34,500/- was, therefore, put forward before the tribunal under section 110-a of the motor vehicles act.3. the petition was contested by the owner of the tempo and also by the assurance company. the tribunal on assessment of the evidence led before it .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-15-1989
Reported in : I(1990)ACC655
..... from the owner respondents.17. the learned counsel for the claimant in the end submitted that the tribunal should have awarded interest on the compensation awarded. under section 110 (cc) of the motor vehicles act, 1939 the claims tribunal has been empowered to award interest on the amount of compensation. the accident took place in 1976 and the award was made in ..... n.n. mithal, j. 1. these three appeals have been filed against the award of the motor accidents claims tribunal in a petition under section 110-aofmotor vehicles act, 1939,2. the tribunal has awarded compensation of rs. 90$00/- against the opp-parties. aggrieved by the award the assurance company has filed f.ajf.o.no.221 of .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-20-1989
Reported in : 1990CriLJ1057
..... to condone the delay in filing the appeal and shall treat the appeal as filed within the period of limitation subject to the condition that an application under section 5 of limitation act is filed along with the memo of appeal before the sessions judge, fatehpur within a period of one month from today. however in order to protect the ..... sentence of imprisonment for less than 7 years, the appeal would lie before the sessions judge and not to this court. in the instant case, appellant had been convicted under section 307, i.p.c. and sentenced to imprisonment for a term of 5 years' s.i. the legal position is transparently clear and it requires no reading between the ..... sentence authorised by law except, a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years'.from a combined reading of section 374(2) (3) and section 28(3), it is deducible that asstt. sessions judge is competent to pass a sentence not exceeding ten years and on a trial held by him in .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-23-1989
Reported in : AIR1990All38
..... no case upon which the petitioner as an advocate signs the memoranda shall be entertained in this court. this is a direction for the registrar, the taxing and the reporting section is to be informed immediately.16. let the filing of such cases, in the circumstance, not become a precedent. this case the petitioner could have filed five years ago, but ..... and exercise its power to protect attacks on the constitution and the laws of the nation or on challenge to a state action against specific grievances of unconstitutional and illegal acts.9. this court will meet the petitioner's submissions.10. the election is conducted according to the rules of the game. there is a complete code by which the programme .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-02-1989
Reported in : 1990CriLJ916
..... the learned counsel for the applicant on the statements of rajiv nandan misra as contained in the first information report, the protest petition and the deposition before the maistrate under section 200, cr. p.c. on the strength of such statement it was argued that the inference should be readily drawn that there is a genuine dispute concerning the ..... before the magistrate and it further appears that he directed the informant to proceed with the matter as a complaint case whereupon statement of rajiv nandan misra was recorded under section 200, cr. p.c. on 20-10-1987 and those of krishna kumar pandey, head constable, raj kumar constable, triloki nath tewari, mahendra nath shukla, hari prasad and ..... lj 518).11. it can never be doubted that where a bona fide claim of right exists it can be a good defence to a prosecution for theft. an act does not amount to theft unless there be not only legal right but no colour of a right. but, then somebody will have to show existence of the said .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-13-1989
Reported in : II(1990)ACC359; 1991ACJ177; AIR1991All48
..... do not mean that the limit of the liability with regard to the third party risk becomes unlimited or higher than the statutory liability fixed under sub-section (2) of section 95 of the act. for this purpose a specific agreement has to be arrived at between the owner and the insurance company and separate premium has to be paid on the ..... the policy was a comprehensive and the appellant was liable to pay the compensation. the learned judge had not discussed the evidence on record nor had considered sections 95 and 96 of the act. issue no. 2 was not even happily worded. in paragraph 17 of the written statement, the insurance company had claimed that it was not liable for ..... be rendered meaningless, it was urged that the intention of1991 a11./4 iv g--13the legislature was clear by reading of ss. 95 and 96 of the act. these two sections clearly say that the insurance company is required to indemnify the insured against losses caused to his vehicle or to third party. it does not cover the cases .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-22-1989
Reported in : 1991CriLJ2499
..... the preliminary objection. there can be no doubt that criminal trespass is a continuing offence. in any case, after the state amendment which practically re-enacts section 441 of the central act, the offence of trespass has to be treated as a continuing offence. moreover, admittedly the earlier complaints were dismissed because the complainant was absent. the ..... 68 this court has held :'............where the entry was lawful but was said to have been converted into criminal trespass within the meaning of section 441, ipc as amended by u.p. act 31 of 1961, the continuance should be shown to be with the intention of taking unauthorised possession or making unauthorised use of such property ..... this proposition. it was argued that the complainant's case also have been that on the facts of the present cases, the second part of section 441 (as amended by the u.p. act) was attracted and, therefore, the complainant cannot be permitted to change his stand at this late stage,13. in view of the rival .....
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