Allahabad Court September 1948 Judgments
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Satish Gupta Gurha and anr. Vs. Rex
Court: Allahabad
Decided on: Sep-15-1948
Reported in: 1949CriLJ212
ORDERMalik C.J.1. Satish Gopal Gurha and Jag-dish Prasad were taken into custody arid detained under Section 3, U. P. Maintenance of Public Order (Temporary) Act, 1947 (U. p. Act IV [4] of 1947) by orders dated 26th February 1948 and 22nd March 1948, respectively. In either case the period of detention was six months.2. Both the applicants filed applications under Section 491, Criminal P. C, which came up for orders before my brother Wanchoo who dismissed them on 11th May 1948. The only point then urged before him was that the order of detention was illegal as the authority detaining the applicants could pass an order for detention for a period of fifteen days only and no more.3. On 8th June 1948 a fresh application was filed on behalf of the applicants and the point urged in this application is that the grounds and particulars that were supplied to the applicants under Section 5 of the Act were vague and, as such, the detention of the applicants was illegal. It may be mentioned that t...
Durgadas and ors. Vs. Rex
Court: Allahabad
Decided on: Sep-15-1948
Reported in: 1949CriLJ214
Malik, C.J.1. These are applications under B. 491, Criminal P. G for the release of the applicants who were detained under the United Provinces Maintenance of Public Order (Temporary) Act, 1947 (U. P. Act (IV [4] of 1947). These cases came before my learned brothers, Raghubar Dayal and Wanchoo, who thought it proper to refer certain points for decision by a larger Bench in view of the fact that the points were of general importance. In his referring order brother Raghubar Dayal has said:The grounds furnished to the various detenu applicants raise questions of fall or substantial compliance with the provisions of Section 5 of the aforesaid Act... they can be grouped for purposes of determining the question of compliance of S. S of the Act in general terms....I would include in one group the 'Applications of Shiv Dutt...and others where the grounds give some details and do refer to the personal conduct of the detenu proceeded against, The grounds may not be full and complete.In the other...
Suraj Pal Singh Vs. Sarjoo Prasad and anr.
Court: Allahabad
Decided on: Sep-15-1948
Reported in: AIR1949All317
Chandiramani, J.1. It would appear that the respondents filed a suit against the appellant for recovery of their mortgage money by sale of property on the basis of a mortgage deed, dated 11th April 1932. The suit was decided by a compromise between the parties on 19th May 1939, It was agreed that the suit be decreed for Rs. 700, the plaintiffs-decree-holders would be paid in seven equal annual instalments in Baisakh each year and if there was a default in three consecutive instalments, the plaintiffs would be entitled to get the six pies share pukhtedari of appellant foreclosed in lieu of the decretal amount and that the plaintiffs would be entitled to apply for final decree for foreclosure by delivery of possession andat that time defendant I will be debarred from all rights over his six pies share which will go in the ownership of the plaintiffs. The plaintiffs should apply for mutation of their names at that time and their names would be mutated instead of defendant 1.The respondent...
Rati Ram Vs. Shri Krishna and ors.
Court: Allahabad
Decided on: Sep-14-1948
Reported in: AIR1949All257
Mushtaq Ahmad, J.1. This and the connected appeal No. 1135 of 1946, arise out of two connected suits filed by the respondents for possession over certain agricultural plots.2. The original owner of these plots, as also of the zamindari estate to which they appertain, was one Ram Saran Das. This gentleman died sometime ago, leaving two widows, Mt. Basanti as the senior and Mt. Kalawati as the junior widow. The latter died in 1935 and the former in 1942.3. Mt. Kalawati, the junior widow, during her lifetime created a trust of the entire estate of her husband Ram Saran Dae, claiming herself to be the owner of it under a will by Ram Saran Das. Under this trust, Mt Kalawati had appointed Sahu Shiv Shakti Saran and Sahu Raghubir Saran as trustees. The former of these trustees by virtue of his rights under the trust subsequently became the lambardar of the village in which the plots in dispute are situate.4. In 1940, one Pyare Lal filed a Suit No. 20 of 1940, in the Court of the civil Judge, ...
Jugal Kishore and ors. Vs. Umrao Singh and ors.
Court: Allahabad
Decided on: Sep-14-1948
Reported in: AIR1949All272
Bhargava, J.1. In village Katera Jaferabad, in the district of Meerut, there are five johars (small tanks) including the one which is now in dispute and which stood on plot No. 431A. A part of the johar in dispute has now been levelled up and brought under cultivation. Lala Jugal Kishore, the lambardar of the village, had given the plot no lease to Nathu for cultivation. When Nathu started cultivating the land, the plaintiffs, who the some of the residents of the village, instituted the suit, which has given rise to this appeal, against Jugal Kishore and Nathu (defendants 1 and 2) to obtain a perpetual injunction restraining the defendants from cultivating the plot and a decree directing them to restore its condition as johar. Their case was that from time immemorial they and other residents of the village had been using the water of the johar for their cattle and taking earth from it for building and repairing their houses.2. The defendants contested the suit on the ground that the pl...
Kalapnath Singh Vs. Surajpal Singh and ors.
Court: Allahabad
Decided on: Sep-14-1948
Reported in: AIR1949All425
Mushtaq Ahmad, J.1. This is a plaintiff's appeal arising out of a suit for recovery of money on root of two mortgage bonds executed in his in by the defendants-respondents. The only question argued before me was that the lower appellate Court was not justified in admitting as additional evidence copies of two decrees standing in the name of the appellant's son and filed by the respondents in that Court in order to show that the appellant was a creditor within the meaning of the Agriculturists' Belief Act.2. The appellant had admittedly not maintained accounts or furnished copies of them to the defendants as required by Section 34 of the said Act. The question was whether in such circumstances he was liable to forfeit interest and also costs in the present suit. The trial Court found that the plaintiff-appellant was not a creditor and consequently decreed the suit with costs an appeal the respondents filed copies of the two decrees, one of 1943 and the other of 1945, as additional evide...
Abdul Shakur Vs. Mahabir Prasad and ors.
Court: Allahabad
Decided on: Sep-14-1948
Reported in: AIR1949All427
Mushtaq Ahmad, J.1. This is a decree-holder's appeal. The decree was passed on foot of a mortgage dated 28th March 1933, executed by Mahabir Prasad, respondent J, in favour of the appellant for Rs. 2500. The debt was charged on a house within the municipal limits of Banaras together with some agricultural land outside those limits.2. On 24th October 1940, the appellant filed his suit on foot of the mortgage, but during the pendency of it, on 1st January 1941, the Debt Redemption. Act (XIII [13] of 1940) came into force. The appellant then gave a declaration under Section 4 of the Act that he would not proceed against the classes of property mentioned in that section. The suit was decreed for sale on 21st April 1941, permitting the plaintiff to realise his decree only from the house mortgaged.3. Some time later the decree-holder, having obtained a final decree, put the house to sale and was able to realise only Rs. 2,310, leaving a much larger amount unsatisfied. The decree-holder then ...
Gorey and anr. Vs. Rex
Court: Allahabad
Decided on: Sep-13-1948
Reported in: AIR1949All191; 1949CriLJ250
ORDERAgarwalla, J.1. Gorey, Bhagwan, Ram Dayal, Earn Singh and Murli were charged under Section 304 read with Sections 149, 325 read with Section 149 and 147, Penal Code for being members of an unlawful assembly and, in prosecution of the common object of this assembly, for having committed the offence of rioting, and also culpable homicide not amounting to murder by causing such an injury to Sukha as resulted in his death and also voluntarily causing grievous hurt to Hoti. Earn Dayal, Earn Singh and Murli were acquitted by the learned Sessions Judge. Gorey and Bhagwan were convicted under Section 325, Penal Code, only and sentenced to two years' rigorous imprisonment each. They have come up in appeal to this Court.2. The appellants and the other three accused who were acquitted are all residents of village Karaiya, police station Sahpau in the Mathura district. Gorey and Bhagwan appellants are brothers. Ram Dayal and Earn Singh were also brothers and Murli was their cousin. Ram Singh ...
Jumman Khan Vs. Bhoorey Khan
Court: Allahabad
Decided on: Sep-13-1948
Reported in: AIR1949All161
Agarwalla, J.1. This is a defendant's application in revision.2. Bhoorey Khan, opposite party No. 1, instituted the suit which has given rise to this revision for dissolution of partnership and ac-counts on the allegations that he and defendants I to 4 entered into a partnership for the purposes of manufacturing bangles at Firozabad and to carry on the business in the name and style of 'Forward Glass Works'; that the partnership was at will and that later on defendant 4 retired from the partnership so that on the date of the suit the plaintiff and defendants l to 3 were the only partners of the partnership; that the plain-tiff's share in the partnership was 0-5-0 in the rupee; and that defendant 3 kept the cash and the accounts. The reliefs prayed for in the plaint were that the partnership be dissolved and the accounts of the partnership business be taken, and a decree for the amount found due to the plaintiff be passed in his favour. In para. 12 of the plaint, the plaintiff stated, '...
Saghir Ahmad Vs. Rex
Court: Allahabad
Decided on: Sep-10-1948
Reported in: AIR1949All190; 1949CriLJ243
Bind Basni Prasad, J.1. This is an application under B. 491, Criminal P. C by a detenu, Moulvi Baghir Ahmad, who has been detained under the orders of the Provincial Government, passed in accordance with the U. P. Maintenance of Public Order (Temporary) Act, 1947. A preliminary objection has been raised by the learned Assistant Government Advocate. He contends that inasmuch as the detenu is a resident of district Kheri, this application should have been made to the Bench of this Court Sitting at Lucknow. The office has also made a note to this effect. Mr. Kazmi, learned Counsel for the applicant, contends that this Court can deal with this application.2. Paragraph 14, U. P. High Court's Amalgamation Order 1948 made by the Governor-General in exercise of the powers conferred by Section 229, Government of India Act, 1936, provides as follows:The new High Court, and the Judges and division Courts thereof, shall sit at Allahabad or at such other places in the United Provinces as the Chief ...
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