Allahabad Court April 1950 Judgments
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Abdul Aziz Vs. State
Court: Allahabad
Decided on: Apr-20-1950
Reported in: AIR1950All611
ORDERRaghubar Dayal, J.1. This is an application by Abdul Aziz praying for the transfer of a case under Section 323, Penal Code, pending against him in the Court of Bench Magistrates, Hapur, to some other Court having jurisdiction to try the same or for the passing of such order as may be considered expedient. The application is described as one under Section 526, Criminal P. C., read with Article 227, Constitution of India.2. Under Section 52, U. P. Panchayat Raj Act XXVI [26] of 1947, an offence under Section 323, Penal Code, is cognizable by a Panchayati Adalat within whose jurisdiction it is committed. Section 56 of the Act is :'If at any stage of the proceedings in a criminal case pending before a Magistrate it appears that the case is triable by a Panchayati Adalat, he shall at once transfer that case to the Panchayati Adalat which shall try the case de novo.'It is, therefore, clear that the Magistrates concerned should have transferred this case under Section 56 of the aforesaid...
Devi Nath Vs. Ram Datt and ors.
Court: Allahabad
Decided on: Apr-17-1950
Reported in: AIR1950All664
V. Bhargava, J.1. This second appeal arises out of a suit for a declaration of a right to and recovery of possession over some agricultural land in Kumaon. The suit was contested by the defendant-appellant in the trial Court on merits but was decreed against him, An appeal was filed and in the first appellate Court, apart from all other grounds, an additional ground that was urged on behalf of the defendant-appellant was that the civil Court had no jurisdiction to entertain this suit. The first appellate Court rejected this plea. In this appeal the only questions that has been argued is this question of jurisdiction of the civil Court to entertain this suit.2. It is contended on behalf of the appellant that under Rule 3 read with Items 20 and 21 (b) of the Schedule to the rules for revenue Courts dealing with Kent and tenancy matters in Kumaon, this suit is of such a nature that the relief claimed could have been claimed in the revenue Court and, therefore, the civil Court had no juris...
Bhajju Lal and ors. Vs. Bechey Singh and ors.
Court: Allahabad
Decided on: Apr-14-1950
Reported in: AIR1950All665
ORDERChandiramani, J.1. It appears that one Lalta Singh was owner of a 5 biswas' share in zamindari property. He executed a usufructuary mortgage of it on 3rd October 1882, for Rs. 1750 is favour of one Gajodhar. On his death the shares in his property devolved as follows : Mt. Rukmin got one biswa, Mt. Chhoti got one biswa, Mt. Mulla got one biswa, Mt. Umrai got one biswa and Durga Singh got one biswa.2. Bechey Singh and Khetal Singh bought Mt. Rukmin's share. Under Section 12, Agriculturists' Relief Act, they applied for redemption of this share of her property. This application was-allowed on 24th November 1944, without payment of any mortgage money, The present. applicants, who were the opposite parties in that application under Section 12, Agriculturists' Relief Act, went up is appeal. The appeal was dismissed. Then they filed the present application in revision. Daring the pendency of this application Khetal Singh, one of the two applicants under Section 12, died on or about 15th...
Gopal Singh and ors. Vs. Hukam Singh and anr.
Court: Allahabad
Decided on: Apr-13-1950
Reported in: AIR1950All644
Mushtaq Ahmad, J.1. These are three appeals involving different questions, though arising out of the same suit. The suit was for possession and mesne profits in respect of some property of which Mangad Singh, uncle of the original plaintiffs 1 and 2, was alleged to have been the last male owner. The property had in the first instance, devolved on his widow Mt. Man Kuer who died in December 1936 and the plaintiffs brought the suit leading to these appeals as reversioners to Mangad Singh. Hat Bhajan Singh, plaintiff 1, died during the pendency of the appeal in the lower appellate Court, being succeeded by his sons, Gopal Singh and Daulat Singh, appellants, in Second Appeal No. 1601 Of 1916.2. Mt. Man Kuer, on 2nd November 1907, executed a sale-deed in respect of the property in dispute in favour of Gopal Singh, father of defendants 1 and 2 for Rs. 8000. Shares in three villages amongst the various items of property covered by this sale-deed were pre-empted by Dwarka Prasad defendant 3, w...
Mrs. Chandramani Dubey and anr. Vs. Rama Shankar Dubey and ors.
Court: Allahabad
Decided on: Apr-13-1950
Reported in: AIR1951All529
Kidwai, J.1. Dr. H. S. Dubey, formerly Medical Officer of Health at Lucknow, died on 31-10-1942. He was Brahman and had married a Brahman wife from whom he had two sons, the plaintiffs, Rama Shankar and Karuna Shankar, and two daughters, Shanti Devi and Kanti Shukla. Dr. Dubey's Brahman wife died in 1927 and, it is no longer disputed, he went through the ceremony of marriage under the Indian Christian Marriage Act (XV [15] of 1872) with Mrs. Chandramani Dubey, a Christian by religion. A son, Udai Shankar and a daughter, Kamni, were born of this union.2. For some time after Dr. Dubey's death there were no disputes between the parties and, in two litigations, Mrs. Chandramani Dubey and the six children were all impleaded as his legal representatives without any objection by any of them. Later, however, relations became strained and, on 25-4-1944, the two plaintiffs, denying the factum of the marriage and alleging that, in any case, it was legally void and ineffectual, instituted the suit...
Abhilakh Ram Vs. B. Uma Shanker
Court: Allahabad
Decided on: Apr-12-1950
Reported in: AIR1950All666
Bind Basni Prasad, J.1. The point in issue in this appeal lies in a narrow compass. The respondent is a tenant of a house belonging to the appellant. On 13th July 1946 the appellant brought a suit against the respondent for his ejectment from the house. A consent decree was passed on 14th February 1947, according to which the tenant was allowed a certain time to vacate the house. He did not vacate it. The appellant then filed an application for the execution of the decree. Meanwhile the (U. P. Temporary) Control of Rent and Eviction Act, 1947 (U P. Act III [3] of 1947) was passed. Inter alia the tenant relying upon Section 14 of that Act contended that he was not liable to ejectment. This section runs as follows:'14. No decree for the eviction of a tenant fromany accommodation passed beExecution of pend- fore the date of commencementing decree for evic- of this Act shall in so tion. far as it re'ates to the evictionof such tenant, be executedagainst himas long as this Act remains in fo...
Rudrapal Singh Vs. Rex, Through Shankar Singh
Court: Allahabad
Decided on: Apr-11-1950
Reported in: AIR1950All609
ORDERChandiramani, J.1. The applicant Rudrapal Singh was convicted by a Magistrate, 1st class, Rae Bareli, on 19th April 1949, under Section 417, Penal Code, and sentenced to a fine Rs. 500/-. His appeal was dismissed by the learned Sessions Judge.2. The prosecution case was that the applicant Rudrapal Singh owed some money to the complainant Shankar Singh, that the demand was made many times and eventually the applicant sent an insured cover for Rs. 400/- to Shankar Singh from Mazgaon post office, Bombay the insured cover was received on 25th May 1946, at the Rahwan post office within whose Circle the complainant resided. According to the practice of the post office, covers insured for more than Rs. 100/- are delivered at the post office itself, Shankar Singh took delivery of it on 27th May 1946, and signed the acknowledgment. The cover was opened in the presence of the post master and some other persons and it was found to contain 13 currency notes of Rs. 10/- each and a letter. The ...
The State of Uttar Pradesh Vs. Bati and ors.
Court: Allahabad
Decided on: Apr-11-1950
Reported in: AIR1950All625
ORDERBind Basni Prasad, J.1.This is a petition by the State of Uttar Pradesh for the amendment of an order passed by this Court in Criminal Appeal No. 366 of 1948 on 12th July 1949. The three accused who appeared as opposite party were convicted of offences under Sections 148, 449/149 and 307/149, Penal Code, by Shri Mohan Shankar Saksena, Assistant Sessions Judge of Bulandshar, by his judgment, dated 3rd June 1918 and were each sentenced to two years' rigorous imprisonment under Section 148, Penal Code, to four years' rigorous imprisonment and a fine of Rs. 100 or in default to one year's rigorous imprisonment under Section 449/149, Penal Code, and to six years rigorous imprisonment and a fine of Rs. 100 or in default to one year's rigorous imprisonment under Section 307/149, Penal Code. As regards the substantive sentences of imprisonment he directed that they are to run concurrently. As regards the sentence of imprisonment in default of payment of fine he directed that it will run c...
Badri Prasad Vs. Mata Prasad and anr.
Court: Allahabad
Decided on: Apr-11-1950
Reported in: AIR1950All663
Chandiramani, J.1. This is the plaintiff's second appeal against the appellate decree of Shri S. B. Banerji, Additional Civil Judge, Partapgarh dated 9th April 1946.2. It appears that one Raja Ram was the owner of 1/4 share of patti Mansa and 2/8- of patti Moti Lal. On 8-6-1931, he mortgaged these properties with possession to the plaintiff. Badri Prasad for Rs. 1000. On nth April 1940, Raja Ram, mortgagor sold his equity of redemption in respect of both the pattis for Rs. 15,00 to the defendants. The plaintiff filed a suit for pre-emption. His claim was decreed in respect of patti Mansa only on payment of Rs. 500 within two months from the date of the decree. The date of the decree was 30th May 1943. The plaintiff appealed to the Chief Court and the appeal was dismissed on 24th November 1943. Thereupon he deposited Rs. 500 pre-emption money in respect of Patti Mansa in the Court of Munsif Kunda on 15th January 1944. In August 1944, the defendants filed an application under Section 12 ...
Ram Datt Singh and anr. Vs. Ajodhia Singh and ors.
Court: Allahabad
Decided on: Apr-10-1950
Reported in: AIR1952All446
ORDERGhulam Hasan, J. 1. This revision application is filed bythe mortgagors and arises out of proceedingsunder S. 12, Agriculturists' Relief Act. 2. In order to properly appreciate the controversyit will be necessary to set out the pedigreeof the parties. Pedigree of the mortgagors BINDA SINGH. ____________________|____________ | | Ram Parsad Singh Raghubar Singh married to Vidya married to Dilao Kuar. Kaur | | ________________|__________ | | | | Ram Samujh Singh Ram Dutt Singh |_________________________________________________ | | | | Lachhman Singh Ram Bharose Rampher Dasrath deceased=Mt. Singh Singh Singh Rajpati. __________ Pedigree of the mortgagees. JAGAR NATH SINGH | ___________________|__________________ | | jokhai Singh Mahadeo Singh | __________|_________________________________ | | | | Ganpat Dalpat Nageshwar Ajodhya Singh Singh Singh Singh | ____________|___________________ | | Mata Prasad Singh Amrej Singh3. On 23rd April 1920 a mortgage with possessionwas made by Ram ...
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