Allahabad Court August 1948 Judgments
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M.M. Abdul Karim Vs. Ali Bakhsh and ors.
Court: Allahabad
Decided on: Aug-09-1948
Reported in: AIR1949All243
ORDER1. This revision application under Section 25, Small Cause Courts Act, was referred to the Bench by one of us. The question which arises is whether the suit filed against three joint executants of a ruqqa two of whom are agriculturists and the third a non-agriculturist, will be governed by the provisions of Section 5, U.P. Act X [10] of 1937 (The Temporary Postponement of Execution of Decrees Act) so as to prevent its being time-barred.2. The learned Judge of the Court of Small Caution has dismissed the suit as being time. barred because in his view the limitation for recovery of money due under the ruqqa began to run against the non-agriculturist from the date of execution and as Section 5 does not contemplate the running of one kind of limitation against the agriculturist and another against the non- agriculturist, the suit against them also must be held to be barred.3. Section 5 runs thus:5. (I) In computing the period of limitation prescribed by the Indian Limitation Act, 1908...
Governor-general in Council Vs. Mohammad Badr-i-alam and anr.
Court: Allahabad
Decided on: Aug-05-1948
Reported in: AIR1949All223
ORDERMushtaq Ahmad, J.1. This is a defendant's application in revision against a decree of the Small Cause Court Judge of Meerut allowing Rs. l000 as damages to the plaintiff opposite party in a suit brought by the latter on the basis of non-delivery of goods carried by the defendant rail-way company.2. On 8th November 1945, the plaintiffs handed over a tin box containing printed and manuscript books at Bhawalnagar railway station to be carried via Lahore to Meerut by the defendant company. Plaintiff 1 is the father of (plaintiff 2 and the box was despatched by the former in the name of the latter. The box was placed in the luggage van at Bhawalnagar for carriage, the plaintiffs themselves travelling to Meerut. When the plaintiffs arrived at Meerut, they tried to take delivery of the box but in spite of their efforts they failed to receive it from the railway authorities and it is On account of this non-delivery of the box that they subsequently filed the suit giving rise to this appli...
Parmanand Gour Vs. Rex
Court: Allahabad
Decided on: Aug-04-1948
Reported in: 1949CriLJ138
Bind Basni Prasad, J.1. This is an application under Section 491, Criminal P. C, by one Permanand Gour for release. He is at present under detention in the Naini Central Jail under the provisions of the U. P. Maintenance of Public Order (Temporary) Act, 1917 (hereinafter referred to as 'the Act'). The facts are as follows: On 11th June 1948, the District Magistrate of Allahabad, acting under Sub-section (2) of Section 3 of the Act, passed an order of detention against the petitioner in following terms:Whereas I.R.P. Bhargava, I. C. S., District Magistrate of Allahabad am, on the basis of reports received, satisfied that the person known as Shri Parmanand b/o Shree Parmanand Gaur B/o 445, Badsbahi Mandi P. Si Kotwati, Allahabad has acted in a manner projudicial to the public safety and maintenance of public older and whereas it is necessary in the interest of maintenance of public order to prevent the said Shri Parmanand from acting in such a manner by detaining him, I, in eiercisa of t...
Noor Mohammad and ors. Vs. Rex.
Court: Allahabad
Decided on: Aug-03-1948
Reported in: 1949CriLJ131
ORDERWanchoo, J.1. These are three applications by Hakim Noor Mohammad alias Noorani, Noor-ul Hasan and Ahmad Salim Ullah of Kanpur under Section 491, Criminal P. C, against orders passed against them by the Provincial Government under Section 3 (l) (a) of U. P, Act IV [4] of 1947. I propose to take them up together as the points raised on behalf of the applicants are common.2. It appears that the applicants were arrested on 6th June 1948 and detained by the order of the District Magistrate of Kanpur under Section 3 (2) of V. p. Act iv [4] of 1947 for fifteen days. The matter was then apparently referred to the Provincial Government and the applicants were thereafter ordered to be detained for a period of six months by an order of the Provincial Government, dated 17th June 1948. The grounds for detention were also supplied to the applicants by the Provincial Government immediately afterwards on 13th June. I propose to set out these grounds in detail. In the case of Ahmad Salim Ullah th...
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