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Judgment Search Results Home > Cases Phrase: the right to information act 2005 Court: allahabad Year: 1993

May 14 1993 (HC)

Akttaryar Khan Vs. Azahar Yar Khan

Court : Allahabad

Decided on : May-14-1993

Reported in : AIR1994All193

..... 4) the court to which cases are transferred shall not proceed without satisfying itself that the parties or their counsel, as the case may be, have been informed of the transfer'.applying the provisions of the rule 89a of the general rules (civil) quoted above, in the facts of the present case, it would ..... shall record the order of transfer in the order sheet and get it signed by the counsel of theparty or parties, if any party is unrepresented, information shall be sent to his registered address. the case shall be called out by the other court on the date already fixed by the transferring court ..... the said court fixing 11-11-1991. the suit was subsequently transferred to the court of iiird additional district judge on 30-10-1991 without any information or notice to the defendant-applicants either from the court of the district judge or from the transferee court. learned counsel has contended that the provisions ..... ground of non-compliance of the provisions of section 17(1) proviso of the small cause courts act. this court held that, in the facts of the case, the court itself was at fault for not informing the counsel or the party regarding the transfer of the suit as required under rule 89a of ..... the general rules (civil) and under such situation neither any application under order 9, rule 13, c.p.c. was required nor was the compliance of section 17(1) of the small cause courts act required .....

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Feb 10 1993 (HC)

Dadan Singh Vs. State of U.P.

Court : Allahabad

Decided on : Feb-10-1993

Reported in : 1993CriLJ1785

..... subscribe to the view that provisions contained in sections 42 and 50 of the n.d.p.s. act are not mandatory or that the police officer is not bound to inform the accused of his right to be searched before a magistrate or a gazetted officer or that violation of these provisions will not ..... benefit, if there is a violation to comply with these provisions. in regard to section 50 of the act, the court held that it is incumbent for the police officer to inform the accused of his right of being searched before a magistrate or a gazetted officer.13. in bedil v. state of madhya pradesh ..... account of the violation of these mandatory provisions.(iii) so far as compliance of section 50 of the act is concerned, the police officer or the other authorities are bound to inform the accused of his right to have himself searched before a magistrate or any other officer mentioned in the section.(iv) the prosecution ..... . it is too much to expect that they will know their legal rights contained in chapter iv of the act. justice demands that the authorities who have special knowledge of the act must inform the accused of their right under section 50 of the act and their failure to do so much lead to the inference that the ..... can be allowed in such cases where there is violation of the mandatory provisions of the act.8. the learned judge has also held that it is for the police officer to inform the accused of his right of being searched before a magistrate or a gazetted officer and it cannot be a defence that .....

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Nov 04 1993 (HC)

Anil Kumar Misra and anr. Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Nov-04-1993

Reported in : 1994CriLJ2898

..... specific denial of the allegation contained in paragraph 4 of the supplementary-affidavit that there was no delegation under section 40 of the act, of the power to lodge the first information report vide counter-affidavit dated 5-9-1991. a rejoinder-affidavit to the counter-affidavit of opposite party no. 2 to the ..... -2 does not make out a case of violation or breach of any direction under sections 27, 28 of the act by the petitioners and when orders were not specific the first information report read with annexure-2 cannot be said to have made out a prima facie case against the petitioners for trial ..... records being inspected but that worker refused to allow the record to be inspected and thus according to the informant on breach of provisions of the act offence under sections 27, 28 and 40 of the act has been committed. it was further mentioned that the owner of the cold storage did nothing to co- ..... regards the work to be done and as regards the time when and by which time the thing or act directed to be done so the directions need be in writting specifically. the first information report does not indicate that any such direction was issued to the petitioners specifying the date and time and ..... has been lodged under sections 12, 19, 27, 28, 39, 40, 40-b and 46 of the u. p. regulation of cold storages, act, 1976. according to the first information report (annexure-1) it appears that on 25-10-90 from the office of district horticulture officer, lucknow, a letter bearing no. 1466 - .....

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Feb 04 1993 (HC)

Sudhir Kumar Gupta and ors. Vs. Director of Investigation, Income-tax ...

Court : Allahabad

Decided on : Feb-04-1993

Reported in : (1993)114CTR(All)340; [1993]202ITR829(All)

..... lal tahiliani v. cit : [1988]170itr592(all) . it was held (headnote) :'the conditions precedent for action under section 132 of the income-tax act, 1961, is information in the possession of the authority in consequence of which he may have reason to believe that any person was in possession of any money, bullion or ..... was in possession of a huge amount of cash and his name was notfound in the list of income-tax assessees could not be treated as sufficient information leading a reasonable man to the inference that the amount would not be disclosed for income-tax purposes.8. finally, reliance was placed on dr. ..... no. 45 is sufficient, then the entire purpose of sections 132 and 132a and the provision for the formation of an opinion in consequence of the information would become redundant. form no. 45 is a follow-up action as a result of the formation of an opinion in the circumstances enumerated. it ..... open to scrutiny as it is the final conclusion arrived at by the officer concerned as a result of mental exercise made by him on the information received. but the reason due to which the decision is reached can always be examined. when it is said that the reason to believe is ..... law and thereafter proceed to deal with the assets in the manner provided in sections 132 and 132barises only where the commissioner has, in consequence of information in his possession, reason to believe that such assets represent either wholly or partly income or property which has not been or would not be .....

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Sep 29 1993 (HC)

Indian Veterinary Research Institute and anr. Vs. Central Govt. Indust ...

Court : Allahabad

Decided on : Sep-29-1993

Reported in : [1994(68)FLR380]; (1994)IILLJ1102All

..... in pursuance of the summons. respondent no. 2 has stated that he was not informed that his period of probation was extended. he would be deemed to have been confirmed after the expiry of the period of probation. he was a workman. neither he was ..... day before the industrial tribunal were liable to be transferred to the central administrative tribunal under section 29 of the central administrative tribunal act, therefore, the award was without jurisdiction. as a probationer, respondent no. 2 has no right to the post, therefore, award is bad.4. counter-affidavit is filed by the respondent no. 2. he has denied the averments ..... service or persons appointed to any service or post except the matters which are before the supreme court and industrial tribunal, labour court or other authority constituted under industrial disputes act or any other corresponding law for the time being in force. section 28 itself provides that the jurisdiction of industrial tribunal is not barred. in those cases in which ..... satisfactory. hence, his services were terminated on may 12, 1981. of course, the respondent no. 2 is said to have raised a dispute under the provisions of industrial disputes act which was referred for adjudication by the central government to the central government industrial tribunal/labour court, kanpur on january 2, 1987. petitioner filed his written statement before the tribunal .....

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Mar 26 1993 (HC)

Bal Mukund Jaiswal Vs. Bharat Sangh Dwara Aasuchana Adhikari Narcotic ...

Court : Allahabad

Decided on : Mar-26-1993

Reported in : 1993(2)ALT(Cri)9; 1994CriLJ818

..... the copy of the memo along with the sample of seal. considering these facts, it cannot prima facie be said that the applicant was not informed about the grounds of his arrest at the time he was arrested.13. the learned counsel for the applicant has further argued that in this case ..... the constitution of india was committed in this case.12. the next contention by the learned counsel for the applicant is that the applicant was not informed about the grounds of his arrest immediately after his arrest. this contention has also been denied on behalf of the opposite party. the learned counsel for ..... first point, which has been pleaded by the learned counsel for the applicant in support of his plea for bail, is that in this case no fir was lodged by the officer concerned at the police station nor any investigation under the code of criminal procedure (hereinafter referred to as the code) was ..... accused.17. the learned counsel for the applicant has also referred to the provisions of section 50 of the act and has argued that at the time of search, the officer concerned did not inform the applicant that he can be searched in presence of the magistrate or gazetted officer. in my view, the ..... under this provision. the officer concerned cannot keep the accused in his custody beyond that period as the same will amount to the breach of fundamental rights of the accused. under section 57 of the code also, the accused is required to be produced before the magistrate within the above mentioned period and .....

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Dec 16 1993 (HC)

Bhakti Sharma (Udenia) Vs. Mahendra Kumar Udenia

Court : Allahabad

Decided on : Dec-16-1993

Reported in : II(1994)DMC166

..... threatened the opposite party through one r.r. purohit and dr. virendra to put the life on the opposite party in danger. the opposite party, therefore, i lodged a first information report against those persons.4. the first issue raised in this transfer application was whether this high court has power to transfer the proceedings from jhansi to gwalior where the ..... the family court is a civil court when it exercises powers and jurisdiction relating to matters referred to in explanation sub-section (1) of section 7 of the family courts act, 1984 and, as such, the high court has jurisdiction to transfer the cases from one family court to another under sections 22, 23 and 24 of the civil procedure code.5. so ..... judge, jhansi. according to the applicant the provisions of section 19 of the hindu marriage act conferred the jurisdiction of entertaining a suit for dissolution of marriage to the district court within the limits of whose ordinary civil jurisdiction marriage was solemnised or the respondent at ..... applicant with the opposite party as a nullity on the ground that the applicant was suffering from leucoderma. the applicant moved an application under section 24 of the hindu marriage act for intertim maintenance and expenses for contesting the suit. meanwhile since the family court was established in jhansi the suit stood transferred to that court from the court of district .....

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Dec 16 1993 (HC)

Bhakti Sharma Vs. Mahendra Kumar Udenia

Court : Allahabad

Decided on : Dec-16-1993

Reported in : I(1994)DMC297

..... one r.r. purohit and dr. virendra to put the life of the opposite party in danger. the opposite party, therefore, lodged a first information report against those persons.4. the first issue raised in this transfer application was whether this high court has power to transfer the proceedings from jhansi ..... court when it exercises powers and jurisdiction relating to matters referred to in explanation to sub-section (1) of section 7 of the family courts act, 1984 and, as such, the high court has jurisdiction to transfer the cases from one family court to another under sections 22, 23 and 24 ..... from the court of district judge, jhansi. according to the applicant the provisions of section 19 of the hindu marriage act conferred the jurisdiction of entertaining a suit for dissolution of marriage to the district court within the limits of whose ordinary civil jurisdiction marriage was ..... the ground that (the applicant was suffering from leucoderma. the applicant moved an application under section 24 of the hindu marriage act for interim maintenance and expenses for contesting the suit. meanwhile since the family court was established in jhansi the suit stood transferred to that court ..... a half months of the marriage, the opposite party filed original suit no. 124 of 1988 under section 12(1)(c) of the hindu marriage act in the district court at jhansi on 19.8.1988 for declaration of the marriage of the applicant with the opposite party as a nullity on .....

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Oct 13 1993 (HC)

Balwan Singh and ors. Vs. State of Uttar Pradesh

Court : Allahabad

Decided on : Oct-13-1993

Reported in : 1994CriLJ2052

..... with intention to cause hurt and death, and injury to four of the accused-appellants were caused during the incident as aforesaid, in exercise of right of private defence by the informant party, or whether the informant party itself were aggressors and attacked and caused hurt to the four appellants to prevent them ploughing the said field and the fatal injuries to deceased ..... with the knowledge that it was likely to cause death and death being the result thereof, the accused party clearly exceeded in the exercise of right of private defence, either of property or person, and this act would constitute culpable homicide not amounting to murder within the meaning of part ii of section 304 read with section 34 of the indian penal ..... . years before the occurrence. on 31-5-1974 smt. sukhdei executed a mukhtarnama exhibit ka3 in his favour authorising him to carry on her cultivation and also are performing the acts .necessary in connection with litigation relating to the posts. according to him he cultivated the plots of sukhdei on 'batai'.25. in the above state of oral and documentary evidence ..... and 232. khatauni 1381 to 1383 exhibit ka24 shows mutation of the name of sukhdei kunwar as heir in place of sarswati kunwar under section 171 of the z. a. act, khasra 1382 exhibit kha 11 records sarswati kunwar and 1386 f, exhibit ka 25, records sukhdei over plot no. 250. exhibit kha 16 khasra of irrigation 1380 f records hira .....

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Feb 22 1993 (HC)

Sunil Alias Ashiq Ahmad Vs. the Jailor, District Jail and ors.

Court : Allahabad

Decided on : Feb-22-1993

Reported in : 1993CriLJ3738

..... procedure. however, there are various procedural safeguards like making known to the detenu within a particular time the grounds of detention and giving him information that he can make representation which should be placed before the advisory eoard and the opinion of the advisory board should be placed before the ..... circumstances of the case and the delay caused in considering the representation of the detenu/petitioner which was submitted on 31-8-1992, the constitutional right of the detenu/petitioner under article 22(5) of the constitution has been violated which has rendered the continued detention of the petitioner bad in ..... detained in pursuance of the order dated 12-8-1992 passed by the district magistrate, kanpur under section 3(2) of the national security act, and the grounds of detention served on the petitioner as well as the said suhel ahmad are similar relating to activities in which the ..... of the petitioner, the provisions of article 22(5) of the constitution as well as the provisions of section 14 of the national security act have been violated rendering the detention of the petitioner illegal as well as unconstitutional. it was also asserted that co-detenu, the real brother of ..... that the reference to the advisory board was not made within three weeks from the date of detention as required under section 10 of the act and also that the representation of the petitioner was not placed before the advisory board: that the detaining authority did not forward the representation .....

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