Court : Allahabad
Decided on : Jul-14-1966
Reported in : AIR1967All576; [1967(14)FLR226]; (1967)IILLJ77All
B. Dayal, J.1. These are two connected references by a single Judge of the Court The only question to be answered is:'Does the District Court hearing the appeal under Section 17 of the Payment of Wages Act act as a civil court subordinate to the High Court or function as a persona designate?' The question, as it is framed, confines the answer only to the effect whether the District Court hearing an appeal under Section 17 is a civil court subordinate to the High Court or is a persona designate Section 15 of the said Act provides as follows:'The State Government may, by notification in the Official Gazette appoint any Com-missioner for Workmen's Compensation or other officer with experience as a Judge of a civil court or as a stipendiary Magistrate to be the authority to hear and decide for any specified area all claims arising out of deductions from the wages or delay in payment of the wages, of persons employed or paid in that area.'By Section 17, an order, either dismissing an applic...
Tag this Judgment!Court : Allahabad
Decided on : Oct-18-1966
Reported in : AIR1967All411; (1968)ILLJ599All
ORDERK.B. Asthana, J.1. By this petition under Article 226 of the Constitution the petitioner, Dr. G.P.Gupta, has questioned the validity of a resolution of the Executive Council of the Aligarh Muslim University dispensing with his services as Lecturer.2. The petitioner was appointed on one year's probation as a Lecturer in the Muslim University Institute of Ophthalmology. The petitioner joined his post in the University on 1-10-1963 after resigning from his post as Ophthalmic Surgeon in the Gandhi Eye Hospital at Aligarh. According to the allegations of the petitioner he successfully completed his probationary period which expired on 30-9-1964 and was entitled for confirmation but to his surprise he was served with an order on 4-12-1964 that his probationary period had been extended by one year. Thereupon the petitioner made a representation on 8-12-1964 to the Vice-Chancellor of the University. According to the petitioner no orders of the Vice-Chancellor on his representation were co...
Tag this Judgment!Court : Allahabad
Decided on : Nov-08-1966
Reported in : 1966CriLJ110
S.D. Khare, J1. These are two connected appeals arising out of an order dated 22nd January, 1966, passed by the learned Sessions Judge, Gorakhpur, convicting all the nineteen appellants of the two connected appeals for the double murder of Somti and Bhaddu, for making an attempt to cause the deaths of four persons, namely, Prashad, Sm. Katwari, Swaminatha and Sant Kumar, and for rioting. Shaileah Kumar alias Moti Lal, who was armed with a gun and was responsible for causing the deaths of Somti and Bhaddu, was convicted under Section 302, Penal Code, and sentenced to death. The remaining eighteen appellants were convicted under Section 302 read with Section 149, Penal Code for those offences and sentenced to imprisonment for life. All the nineteen appellants were convicted under Section 307 read with Section 149, Penal Code, and each sentenced to seven years' rigorous imprisonment. For the offence of rioting the appellants in Criminal Appeal No. 193 of 1966, being armed with deadly weap...
Tag this Judgment!Court : Allahabad
Decided on : Jan-05-1966
Reported in : AIR1967All231
Jagdish Sahai, J. 1. Special Appeal No. 135 of 1954 is directed against the judgment of Sri Brij Mohan Lall, J., dated the 4th November 1962, while Special Appeal No 453 of 1955 is directed against the judgment of the same learned Judge dated 21st November 1952. In both the cases the appellants are (1) Ronald Lloyed Powell, (2) Ewen Cameron Caldwell, (3) Dr. Ian Mackenzie Munro. (4) James Cruickshank and (6) Douglas Alexander Ritchie Youngson, while the respondent is the Administrator-General Connected questions have been raised in these appeals. They were, therefore, heard together and are being disposed of by this common judgment 2. We would first set out the facts relevant for the decision of the two appeals 3. One Dame Annie Elizabeth Marshall (on marriage Annie Watson) was possessed of vasl properties, part of which are situate in India and part in England and Scotland She resided in London, where she died on 26th December 1951 On 10th October 1951 she had already executed a will ...
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