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Judgment Search Results Home > Cases Phrase: the right to information act 2005 Court: allahabad Year: 1992

Apr 09 1992 (HC)

Sewa Ram and ors. Vs. State

Court : Allahabad

Decided on : Apr-09-1992

Reported in : 1992CriLJ2929

..... the accused of their right under section 50 of the act and their failure to do so must lead to the inference ..... or whimsical actions of the police or the other authorities. if it had been provided by the legislature in section 42 of the act, that the information may be reduced in writing 'wherever it is practicable' or it were said in section 52 that the accused may be produced before ..... that the mandatory provision has not been complied with.23. right given to the accused under section 50 of the act is valuable right. sub-section (3) ..... of this section authorises the gazetted officer or the magistrate before whom such an accused is brought, to discharge him, if he sees no reasonable ground for search. it is obvious that if accused is informed of this right he may, in ..... rights given under section 50 of the act. in quite a number of cases the accused are riskshaw pullers and poor and illiterate section of the society. it is too much to expect that they will know their legal rights contained in chapter-i of the act. justice demands that the authorities who have special knowledge of the act must inform .....

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Apr 23 1992 (HC)

Raj Mohan Krishna Vs. the Second Additional District Judge and Others

Court : Allahabad

Decided on : Apr-23-1992

Reported in : AIR1993All40

..... prepared after the family arrangement had already been made either for the purpose of record or for information of the court for making necessary mutation does not require registration as the memorandum itself does not create or extinguish any right in the immovable property (see kale v. d.d.c. (air 1976 sc 807) and ..... be the owner of the building. under s. 116 of the evidence act a tenant, who is inducted by a person as such, cannot challenge the successor's title if he attains the status of the successor-in-interest as ..... open to him to contend that he was not the landlord and was not entitled to file the release application. under s. 3(j) of the act, landlord has been defined in relation to a building as a person to whom its rent is payable. it is not necessary that the person should ..... respondent no. 3 has become owner of the building in dispute, is inadmissible as it is unregistered document in view of s. 49 of the registration act. in my opinion the contention raised by the learned counsel for the petitioner has no substance at all. it is well settled that an oral family ..... of limited jurisdiction which has been constituted under the u.p. urban buildings (regulation of letting, rent and eviction) act, 1972, for deciding applications under s. 21 or other provisions enumerated under the act. it has no jurisdiction at all to examine the correctness or otherwise of a decree passed by a competent civil court .....

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Jul 14 1992 (HC)

State of U.P. Vs. Raj Bahadur S/O Raghunandan and ors.

Court : Allahabad

Decided on : Jul-14-1992

Reported in : 1993CriLJ86

..... dying-declaration.39. apart from these glaring and fatal defects in the dying-declaration, there is contradiction in the version given in the first information report as well as in the dying-declaration. the declarant stated that his brother shiv narain and shiv kanth arrived after hearing the gun shot ..... arrangement and all these reasons were responsible for the delay in registration of the case. but unfortunately these reasons were not stated in the first information report. they were also not specified in statement under section 161, cr.p.c. so we refuse to believe the explanation for the inordinate ..... station and was entrusted to take the injured to the district hospital for medical aid through the intervention of police station kotwali, banda. he informed the poiice kotwali simply in the way that the injured had been assaulted by his enemies and thereafter the police helped him in getting the ..... best possible medical treatment available, shiv prasad died on 4-7-1975 at 5.25 p.m. in the district hospital, banda. after receiving the information, the sub-inspector attached to police station kotwali, banda, took the dead-body in his possession; prepared the panchayanama and other documents; got the dead ..... unfortunate morning of 29-6-1975. so the very foundation of the prosecution case is shaky. the result is that the learned lower court acted rightly in rejecting the testimony of these three witnesses.33. now we are left with the evidence of dying-declaration. the hon'ble supreme court .....

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Mar 25 1992 (HC)

Bhoora Singh Vs. State

Court : Allahabad

Decided on : Mar-25-1992

Reported in : 1993CriLJ2636

..... the second page of the inquest report finds an endorsement that some of the witnesses testifying about the panchanama divulged at that hour that a first information report about the incident has been lodged at p. s. kotwali by yadunath singh. this is astounding; for, the witnesses at the panchanama are ..... singh appellant, raju appellant and aruna devi appellant have denied their presence in the house, smt. gulhari devi however, has admitted that she got the information of smt. urmila getting into flames through vijai bahadur, the newphew of bhoora singh appellant and consequently she had gone to the hospital. it has ..... the magistrate concerned for coming immediately to the hospital to record the dying declaration of the deceased. it has not been doubted that on receiving information that the s.d.m. was not able to come because of absence of motor vehicle, dr. harish chandra had sent a communication to ..... has doubted the entire prosecution case and has, therefore, allowed the appeals.3. it may further be stated here that in the revision filed by the informant challenging the judgment of the trial court, at the admission stage itself the revision against the acquitted accused km. aruna was dismissed.the not admitted facts ..... by act 46 of 1983 the death of the deceased in that case, ravinder kaur, had happened prior to the enactment of the said section. it has been held that the provisions of the said section do not create any new offence and as such it does not create any substantial right .....

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Dec 09 1992 (HC)

Pradeep Kumar Gupta Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Decided on : Dec-09-1992

Reported in : 1993CriLJ1671

..... 29-8-1991, the custom officers apprehended the petitioner, who was coming on a yakka from the side of gulariya bazar (nepal), near mithi purwa, behraich. on interrogation, the petitioner informed his name. on search of his person in presence of two witnesses, six gold biscuits, one gold guinea, rs. 350/- in indian currency and two china made locks were recovered ..... on. grave and determined or less serious and corrigible, on the length of the gap, short or long, on the reason for the delay in taking preventive action, like information of participation being available only in the course of an investigation. we have to investigate whether the casual connection has been broken in the circumstances of each case, 'there is, ..... and therefore this includes recording of statements of persons involved, examination of their books of accounts and other related documents. effective administration and realisation of the purposes of the act is often rendered difficult by reason of the clandestine manner in which the persons engaged in such operations carry on their activities and the consequent difficulties in securing sufficient evidence ..... urged by learned counsel for the petitioner that his statement under section 108 of the customs act was not recorded and thus he was deprived of a right of retracting his confessional statement under section 107 of the customs act. this court will not sit in appeal over acts of the customs authorities. what is the effect of non-examination of the petitioner under .....

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Nov 25 1992 (HC)

Ashish Rai and Etc. Etc. Vs. Banaras Hindu University and Others

Court : Allahabad

Decided on : Nov-25-1992

Reported in : AIR1993All203; (1993)1UPLBEC288

..... lays down any requirement regarding attendance. if, therefore, pmt has to be held under this ordinance, the university cannot insist upon the attendance requirement as laid down in the information leaflet, which admittedly has been issued at the instance of the a.c.b. constituted by the academic council.11. mr. verma, learned counsel appearing for the university, ..... of weightage and reservation, if permissible, to different courses and hostels and fixing of last dates of admission, (ii) printing and publication of prospectuses, application forms, bulletins of information and advertisements concerning admission to the university; (iii) annual review of admissions made in every academic session and submission of reports to the academic council; (iv) investigation in irregularities ..... ; besides 5 supernumerary seats were earmarked for the students of the university. the eligibility requirements and other details relating to admission to the course were incorporated in an information leaflet issued in connection with the test; and in respect of the supernumerary seats it was stated therein as under:--'a quota of 5 supernumerary seats is reserved for ..... shall exercise such other powers and perform such other duties as may be conferred or imposed on it by the statutes and ordinances, and shall the right to advise the executive council on ail academic matters.'7. section 18 of the act, so far as it is relevant for our present purposes, reads asfollows -'subject to the provisions of this .....

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Nov 26 1992 (HC)

Riyasat Vs. State of U.P.

Court : Allahabad

Decided on : Nov-26-1992

Reported in : 1993CriLJ2834

..... before p.w. 11, satish chandra dohra, and p.w. 7, ram pal, and, thereafter, the investigating officer recorded their statements. on an information from an informer, the accused, riyasat, was arrested on 14-2-1991 at about 1 p.m. at bus station of village larhaura. we, therefore, conclude that ..... ki larki ke saath shaam ko 5 baje kukarm karke uska gala ghot kar maine use maar diya hai'. thereafter, on receipt of the information from an informant, the investigating officer, jagdish singh, pw 12, arrested the accused riyasat on 14-2-1991 at about 1 p.m. at the bus ..... appellant has also relied upon the decisions reported in : [1951]2scr729 , : air1953sc468 and : 1955crilj1644 , learned counsel for the appellant further urged that the alleged information, given by the accused while he was in custody of the investigating officer, p.w. 12, jagdish singh, regarding the shoes and chunni, was not reduced ..... confession. this plea is rejected as no 'fard' is required to be prepared in respect of the information given to the police officer in accordance with the provisions of section 27 of the evidence act.46. after carefully examining the materials on record we accept the evidence of recovery in the case, as ..... a course the accused may not get opportunity of explaining all the relevant circumstances. on the other hand, it would not be fair or right that the court should put to the accused person detailed questions which may amount to his cross examination. the ultimate test in determining whether or .....

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May 08 1992 (HC)

Barkau Alias Raj Kumar Vs. State of U.P.

Court : Allahabad

Decided on : May-08-1992

Reported in : 1993CriLJ2954

..... and the scribe ram dulare would have written it as such. in our opinion, this circumstance does not affect the authenticity of the first information report or the correctness of the prosecution version. it would thus appear that the ocular testimony is fully supported by the medical evidence and other ..... it is also pointed out by him that even though the first information report does not state that the appellant hit the deceased with the back portion of kanta, the prosecution witnesses p.w. 1 dullu and ..... inconsistency in their version and medical evidence in regard to the manner of assault. it is submitted by him that, according to the first information report, the appellant and his brother assaulted the deceased with kanta and kulhari but the injury report indicates contusions also besides three incised injuries. ..... on hearing about this incident and found som prakash lying injured. he enquired about the incident from som prakash and others and got the first information report ex. ka 10 scribed from one kunj behari at zila pari-shad hospital where som prakash was taken in precarious condition. som prakash ..... case against barkau. it was also submitted by him that this witness was convicted for offence under section 13 of the gambling act. in our opinion, the learned sessions judge rightly rejected all these submissions. dullu (p.w. 1) denied that he was servant of the deceased. it is further stated .....

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Oct 20 1992 (HC)

Siya Nand Tyagi Vs. State of U.P.

Court : Allahabad

Decided on : Oct-20-1992

Reported in : 1994CriLJ1298

..... the proceedings under section 107 are drawn.3. it is unfortunate that the requirement of section 107 of the code that the executive magistrate receiving information should be of the opinion that there are sufficient grounds for proceedings under the said section have become a dead letter and are always followed in ..... take the action. this order is the foundation of the jurisdiction and the word 'substance' means the essence of the most important parts of the information.' 7. in the present case the learned sub-divisional magistrate has thrown the mandatory provisions of section 111 of the code to the winds and ..... i have gone through the printed order passed under section 111. it is distressing to note that there is no mention of the substance of information received by the learned sub-divisional magistrate on which he took action. making an order under section 111 of the code is not an idle formality ..... case to depart from the procedure to any substantial extent. this is very salutary because the liberty of the person is involved and the law is rightly solicitous that this liberty should only be curtaided according to its own procedure annd not according to the whim of the magistrate concerned. it behoves us ..... preventive measure. proceedings under section 107/116 should not be transformed into persecution of innocent persons at the sweet will of the police or other persons acting mala fide.5. in the case of mohan lal v. state of u.p., 1977 all cri c 333 this court observed:-'there are a .....

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Jan 08 1992 (HC)

Spool Corporation Co. (India) Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Jan-08-1992

Reported in : [1992]197ITR383(All)

..... i.e., even before the assessment year started. as such, the assessee was well aware that he was exempt from sales tax but yet he suppressed this information from the income tax officer and obtained a deduction towards sales tax liability. this was a clear case of deliberate failure to disclose his correct income and, ..... which the allowance or deduction has been made is in existence in that year or not.'5. in view of this provision the income tux authorities rightly added the amount which had earlier been deducted towards sales tax liability.6. in view of the above, we answer the questions in the affirmative in ..... authorities dated march 25, 1969. this was, therefore, a case falling within the scope of section 147(a).4. section 41(1) of the income-tax act provides :' 41. (1) where an allowance or deduction has been made in the assessment for any year in respect of loss, expenditure or trading liability incurred ..... j.1. this is a reference which has come up before this court in pursuance of a reference order under section 256(1) of the income-tax act, 1961, made by the income-tax appellate tribunal, allahabad. the facts of the case are in a narrow compass. the assessee had claimed deduction of ..... the sales tax authorities. as such, the income-tax officer invoked section 147(a) of the income-tax act and added the amount which had been earlier deducted by invoking section 41(1) of the act.2. the assessee appealed against the order of the income-tax officer but the appeal was dismissed. the .....

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