Allahabad Court August 1946 Judgments
Municipal Board Hathras Through Its Chairman Vs. Bohrey NaraIn Dutt an ...
Court: Allahabad
Decided on: Aug-16-1946
Reported in: AIR1948All1
Verma, J.1. The appellant, the Municipal Board of Hathras, was the defendant in the suit which has been decreed by the Courts below.2. It appears that there are several flour mills within the municipal limits of the town of Hathras. The plaintiffs-respondents, Bohrey Narain Dutt and Pandit Vishwanath Prasad, are the owners, either jointly of one such mill or separately of two such mills. They brought the suit in a representative capacity for the benefit of the owners of all the flour mills, and prayed for the following reliefs:(a) It may be declared that the by-laws promulgated by the Municipal Board in respect of flour mills and also the notice issued by the defendant are illegal, unreasonable and ultra vires and are not binding.(b) A perpetual injunction may be issued to the defendant restraining it from enforcing the by-laws.(c) The defendant be ordered to pay the costs of the suit.3. The material facts, about which there is no controversy, are as follows. The Provincial Government,...
Tag this Judgment!Gorakpur Electric Supply Co. Ltd. Vs. R.E. Nariman and Co.
Court: Allahabad
Decided on: Aug-01-1946
Reported in: AIR1948All75
Malik, J.1. This is a plaintiff's appeal. The plaintiff the Gorakhpur Electric Supply Co., Ltd., Gorakhpur, through the Official Liquidator, filed a suit in the Court of the Munsif of Gorakhpur for realisation of Rs. 2860-0-0. The defendants were a firm of general merchants, who had supplied to the company before the winding up certain lubricants and the price of the lubricants supplied was due to them. They filed a Suit No. 361 of 1932 for recovery of this amount. That suit was decreed by the learned Temporary Civil Judge of Gorakhpur. The defendants, who were the decree, holders, applied for execution of the decree and they realised the amount due to them under that decree between the dates 18th February 1935 and 5tS August 1935 by attachment of the bills for electric current consumed by certain third parties, which amount was payable by them to the plaintiff company.2. Before the dates of these realisations, however, an application for winding up of the company was tiled in this Cou...
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