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Judgment Search Results Home > Cases Phrase: the right to information act 2005 Court: allahabad Year: 1989

Sep 20 1989 (HC)

Shafaat Ahmad Vs. Smt. Fahmida Sardar

Court : Allahabad

Decided on : Sep-20-1989

Reported in : AIR1990All182; 1990CriLJ1887; I(1991)DMC102

..... case here. the brother, who resides at saharanpur, could hardly be instructed through letters immediately to contest the case. and when the husband was not informed that the request to his commander was not being given weight, the husband could not realise the necessity of following some other bourse immediately. thus, the ..... magistrate is produced before me showing as to what view he took regarding letters of the commander and there is nothing to show that the magistrate informed the commander to send him immediately or to relieve the husband to come on an early date. the matter was at lucknow and the husband was ..... resident of another district, to make enquiry regarding the case in the court of the magistrate. the husband alleged that his brother could not get any information as the case had been transferred to another court and this is not controverted. then on 18th november, 1987 the case was ordered to proceed ex ..... issued when it is deemed necessary. similarly, in proceedings under sec. 145, cr. p.c. if the magistrate is satisfied from certain materials or information received by him that a dispute, likely to cause a breach of the peace, exists, he proceeds requiring the parties to show cause. thus, all these ..... is satisfied about certain facts. in the case before us, under sub-section (3) of the act rights of the parties are to be decided. so, it cannot be said that at that stage the husband has no right to be heard. so, the analogy, given by the learned counsel for the wife, will .....

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Jul 26 1989 (HC)

NaraIn Pasi and ors. Vs. State of U.P.

Court : Allahabad

Decided on : Jul-26-1989

Reported in : 1989CriLJ2552

..... (1984 lucknow lj 105) (supra) that each case shall have to be judged on its own facts and circumstances and consequently the incriminatory information already supplied by the accused in the course of investigation or interrogation cannot be totally ignored merely because the accused retracts before the magistrate and ..... article 20, if the investigating officer is given a chance to recover such articles as a result of investigation carried out on the basis of information so supplied by the accused. we are fortified here by a decision of the supreme court in the case of the state of bombay v. ..... which their lordships have ruled that section 27 of the evidence act does not infringe article 20(3) if the self-incriminatory information is given by the accused without compulsion. the consistent view of the supreme court as expressed in numerous decisions right from the case of kathikalu (supra) is that if so ..... . in the same case it has also been held that the mere fact that the accused was at the time in the custody of the police does not constitute duress so as to exclude the information from the evidence (see also dalmja's ..... compulsion is used, a statement leading to the discovery of incriminating articles would be admissible under section 27 of the evidence act .....

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Apr 05 1989 (HC)

Satyadeo Singh Vs. Vidyawati and ors.

Court : Allahabad

Decided on : Apr-05-1989

Reported in : II(1989)ACC197

..... ) also makes it obligatory upon the insurer to satisfy judgment in respect of such liability obtained against the insured, the only prerequisite being notice or information of the proceedings.10. it is urged that by merely enlarging the scope of the term 'liability' on section 93-(ba) the insurer stands deprived ..... deprived of his two vital defences, negligence and also victim's contributory. no wonder the insurer also gets a clip of its rights but such impingement on its rights cannot invalidate the provision nor can it lead us to the conclusion that the legislature did not intend to bind the insurer in ..... even of a very limited right of defence and this was likely to give rise to collusive claims to the detriment of the insurance companies. i cannot entirely agree. may be ..... rule of beneficial construction ordains that if a statute is capable of two constructions, that construction should be preferred which will fulfill the policy of the act and is more beneficial to the interest of the persons for whose benefit it was enacted.15. the learned counsel for the respondent, however, submitted ..... the scope of the term (liability in section 93(ba) the insurer has been deprived of its right to defend even on the limited grounds available to it under section 96(2) of the act. both these submission have no merit.6. as regards the first submission suffice it to say that chapter .....

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Oct 06 1989 (HC)

Shyam Jewellers and anr. Vs. Chief Commissioner (Administration) and o ...

Court : Allahabad

Decided on : Oct-06-1989

Reported in : [1992]196ITR243(All)

..... the petitioners and other persons badly dealt with the officers and officials and thus the petitioners committed breach of section 133a of the income-tax act. even in the first information report, it was not stated that petitioner no. 2, the proprietor of petitioner no. 1, in any way opposed the survey. it ..... 226 of the constitution.27. in coffee board v. joint cto : [1970]3scr147 , which was a case under the sales tax act, it was held that, where fundamental rights have been infringed by the impugned order, i.e., by the demand of a tax which offends against article 14 or 19 of ..... writ petition in suitable cases even if an alternative remedy is available. when the statute itself is ultra vires, there is encroachment on the fundamental rights ; question of jurisdiction is seriously involved ; the proceedings were taken maliciously and for collateral purposes or where the private or public wrongs are so ..... may lie to the high court, where the order is on the face of it erroneous or raises a question of jurisdiction or of infringement of fundamental rights of the petitioner.'21. in asst. collector of central excise v. dunlop india ltd. : 1985ecr4(sc) , it was observed (headnote) :'article 226 ..... visits, but by the amendment of the said provision, the earning of such persons has been badly affected as the amended provision has shortened their right to visit shops. it has been stated that, in order to harass the petitioners and other shopkeepers unusual and unidentified visits were made by .....

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Nov 06 1989 (HC)

Abhishek Malviya Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Nov-06-1989

Reported in : 1990CriLJ747

..... a bald statement that the person would repeat his criminal activities would be enough. there must also be credible information or cogent reasons apparent on the record that the detenu if enlarged on bail, would act prejudicially to the interest of public order. that has been made clear in binod singh v. district magistrate dhanbad ..... move for bail, thus question of his coming out of jail could not be there. the argument is untenable. the learned counsel for the state rightly urged that the detaining authority was well conscious that there was likelihood of bail being granted to him on the facts and circumstances of the case ..... to constitute as a case of public order while in the other where it did not. thus, as a general proposition it would not be right to lay down that the mere attack on the police party would constitute a case of public order.33. one of the instincts of the human ..... the state government and they merely answered certain querries put by the advisory board. in view of this it cannot be said that any denial of right as envisaged in the aforesaid decision was made in the present case. thus, even this ground as contended by the learned counsel for the petitioner is ..... p. 747 : (1982 cri lj 340 at p. 376), in which it was held:--'we must, therefore, hold regretfully though, that the detenu has no right to appear through a legal practitioner in the proceedings before the advisory board. it is, however, necessary to add an important caveat...permitting the detaining authority or .....

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Oct 18 1989 (HC)

Smt. Nasreen Siddiqui Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Oct-18-1989

Reported in : 1990CriLJ1318

..... act only for the purpose of harassing any one. in the present case, we do not find ..... even in this case the supreme court very clearly laid down while exercising powers the court has to examine whether uncontroverted facts made by the prosecution in the fir makes out any offence or not. thus, it has to be seen on the basis of facts of each case. similarly, reliance was placed on the ..... . r. is liable to be quashed.4. in the f. i. r. it has been alleged that the respondents raided the aforesaid premises on basis of information that at the said premises, the publisher, calls girls and takes their photographs, half or full naked, and sells them to the makers of obscene literature and ..... for a writ of mandamus that the respondents may not interfere with their acting and modelling work. it would not be possible for us to grant such a general relief. the police has a right to take cognizance of the cognizable offence when information is received by it. we have no doubt that the police will not ..... 1966 sc 197 for the proposition that even the disputed question of fact could be gone into. it is a case where the court interfered where the right of appeal was in the statute, but since there was a pre-condition of depositing certain amount before the appeal could be heard, the court held that .....

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Dec 02 1989 (HC)

Bhagwan Das Agrawal Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Dec-02-1989

Reported in : 1990CriLJ916

..... alone is the requirement of law which entitled the magistrate to issue process against the accused. in the instant case the allegations made by the informant rajiv nandan misra indicates prima facie that the named or unnamed accused had broken open the lock and removed some property belonging to the temple which ..... and leave the matter to be decided by the magistrate concerned. it was further argued that there was no question of any bona fide dispute, the informant was in possession the hanuman temple and the accused had committed an offence which came within the purview of sections 395 and 448, i.p.c ..... at length.6. strong reliance was placed by 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 ..... particularly the complainant's, in order to judge whether 'bona fide dispute' concerning the property involved really exists.3. the facts are that a first information report was lodged by rajiv nandan misra on 4-9-1986 at police station chowk, varanasi. the investigation followed but ended in a final report. it ..... 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 right by leading evidence and/or .....

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Nov 03 1989 (HC)

Daya Shankar Singh Vs. Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Nov-03-1989

Reported in : 1990CriLJ1647

..... be claimed in this matter by the state when the matter has come before the high court or whether it should have been claimed earlier by informing the petitioner after he had demanded these documents was agitated before us. however, as the demand was not confined to the proposal made by the ..... documents and particulars were required by him to make an effective representation. however, neither these documents were supplied to the petitioner nor was the petitioner informed why those documents which were the required material not furnished to him. the contention of the learned counsel for the petitioner is that he could not ..... there is no merit in the contention. if the appellant had exercised his right to ask for particulars at the time, from the detaining authority there can be no doubt that he would have been furnished then the very information which he has been supplied in paragraph 12 of the under secretary's ..... order had been made, (6) copy of the statement of the brother of the petitioner sri ravi shanker singh recorded under section 108 of the customs act involving the petitioner, (7) copy of the bail application by ravi shankar singh to know about the stand taken by ravi shankar singh, (8) report ..... j.1. petitioner daya shanker singh was detained under section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act (hereinafter referred to as cofeposa') by an order dated 22nd february, 1989 of the state of u.p. the allegations against the petitioner .....

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Feb 01 1989 (HC)

Ram Lal Yadav and ors. Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Feb-01-1989

Reported in : 1989CriLJ1013

..... formulated above for the exercise of the power stand satisfied. without being exhaustive, those may be briefly summarised as under:(i) when the first information report, even if accepted as true, discloses no reasonable suspicion of the commission of a cognizable offence:(ii) when the materials subsequently collected in ..... the code of criminal procedure. section 154 which is in that chapter deals with information in cognizable offences and section 156 with investigation into such offences and under these sections the police has the staturoty right, to investigate into the circumstances of any alleged cognizable offence without authority from a ..... university and no proceeding at all was pending in any court in pursuance of the fir. it ought to be realised that inherent powers do not confer an arbary jurisdiction on the high court to act according to whim or caprice. the statutory power has to be exercised sparingly, with ..... times the interrogation of the accused leads to important discoveries which connect him with the crime and are admissible under section 27 of the evidence act and the involvement of other persons in the crime is also known. the power of the police to arrest a person under section 41 ..... the only powers possessed by the court are those expressly conferred by the criminal procedure code, and that no inherent power has survived the passing of that act. no doubt, if no cognizable offence is disclosed, and still more if no offence of any kind is disclosed, the police would have .....

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Feb 03 1989 (HC)

Gurmez Singh Vs. State of Uttar Pradesh and anr.

Court : Allahabad

Decided on : Feb-03-1989

Reported in : 1989CriLJ973

..... the affidavit filed in support of the applicant's petition. moreover, the applicant did not make any report countering the allegations in the first information report of the complainant. he has also not specifically contradicted the allegations of the complainant-opposite party 2 that the truck had been surrendered to ..... singh by playing fraud on the respondent. it is further submitted by the learned counsel for the respondent that the allegations in the first information report were found to be correct during the investigation and the police had also submitted a charge-sheet in the court of judicial magistrate, ..... against the applicant gurmez singh under sections 406/420, i.p.c.14. it is worthy of notice that the allegations in the first information report also disclose the offence of cheating besides criminal breach of trust. the aforesaid offence cannot be adjudicated upon in the civil courts and under ..... like to place certain significant terms as below. in para 4 of the aforesaid agreement, it was given out that without prejudice to the other rights of the owners under this agreement, the owner may terminate, with or without notice, the hiring of the motor vehicle, and forthwith retake and ..... it was held that the agreement arrived at between the parties on hire-purchase basis, has to be acted upon for hire-purchase, if it did not contravene the provisions of the contract act. it was further submitted by the learned counsel that in the present case besides the factum of possession .....

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