Allahabad Court August 1950 Judgments
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Mt. Shyamrathi Kunwar Vs. Dharam Deo Singh
Court: Allahabad
Decided on: Aug-22-1950
Reported in: AIR1951All428
Seth, J.1. The relationship between the parties will appear from the following pedigree: SHEORAJ SINGH | -------------------------------------------- | | Marjad Singh Timal Singh | (Defendant 2) Shyam Rathi | (Defendnat 1) --------------------- | | Gudri Singh Nandan | (Defendant 3) | | Dharam Deo Singh Sahab Singh (Plaintiff) (Alleged Adopted Son)2. This appeal has arisen out of a suit instituted by Dharam Deo Singh on 24-2-1947, against Sm. Shyam Rathi, and against his grandfather, Timal Singh, and his uncle Nandan, for the possession of the property conveyed by a deed of gift, executed by Timal Singh and Nandan in favour of Sm. Shyam Rathi. The plaintiff alleged that the property conveyed by the deed of gift was joint family property, which the donors had no right to transfer. He prayed that he might be put in joint possession of the property along with his grandfather, Timal Singh, and his uncle, Nandan. Timal Singh and Nandan were thus arrayed as pro forma defendants, the relie...
Kamla Kant Misra Vs. State
Court: Allahabad
Decided on: Aug-21-1950
Reported in: AIR1951All595
ORDERHarish Chandra, J.1. The applicant is the manager of the Badal Ram Lakshami Narain Oil Mills at Banaras and has been convicted under Section 7, Essential Supplies (Temporary Powers) Act, 1946 (XXIV [24] of 1946) for committing a breach of the provisions of the U. P. Oil Seeds and Oil Seeds' Products Control Order, 1945, inasmuch as a large stock of linseed oil-seeds received by the Mills was not entered in their registers, as it ought to have been under the conditions of the licence, for a period of nearly ten days. The trial Court sentenced the applicant to a fine of Rs. 500/-, but the lower appellate Court finding that the omission did not appear to have been dishonest and was due only to negligence or carelessness reduced the amount of the fine to Rs. 50/-.2. In this Court it is argued that linseed oil-seeds not being an essential commodity as defined in Section 2 of the Act, the Control Order of 1945 cannot be said to have been kept alive by Section 17 of the Act in so far as ...
Mt. Rajpati Vs. Jagmohan and ors.
Court: Allahabad
Decided on: Aug-18-1950
Reported in: AIR1952All309
Kidwai, J.1. This appeal arises out of a suit instituted by Jagmohan and others, respondents, for possession of certain properties specified in a list attached to the plaint and for recovery of Rs. 50, as damages. The plaintiffs' case was that Ram Sunder was the owner of the properties in suit and that after his death his widow Mt. Maharaji came into possession of those properties for her life. Mt. Maharaji is said to have died on 7-1-1944 and the plaintiffs claim that they are the reversioners of Ram Sundar. The defendant-appellant Mt. Rajpati obtained mutation of names in her favour alleging herself to be the daughter of Ram Sunder. The fact that Rajpati was the daughter of Ram Sunder was denied by the plaintiffs who also pleaded that, in the family of the parties, there is a custom of exclusion of daughters from inheritance. 2. The lower appellate Court has held that Mt. Rajpati is the daughter of Ram Sunder: that by family custom daughters are excluded from inheritance and that the...
Nanku Vs. Pathar Din
Court: Allahabad
Decided on: Aug-18-1950
Reported in: AIR1952All305
Kidwai, J. 1. This appeal arises out of a suit instituted by Pathar Din respondent for possession of some tenancy land against the appellant. Pachai, grandfather of the respondent and father of Nanku, held an agricultural tenancy before the U.P. Tenancy Act was passed. He died long ago and after his death his son Mangal was granted a patta by the Nazul Department, the superior landlord, for the period 1335 to 1340 Fasli. On the expiry of this period, a fresh patta was executed in the name of Mangal for 1343 to 1352 Fasli. While this fresh patta was in force the U. P. Tenancy Act became law. 2. On the 26th January, Pathar Din instituted the suit out of which this appeal arises alleging that on the death of his father he succeeded as hereditary tenant of the plots in suit but that the defendant had taken unlawful possession of them in June 1935. He accordingly sued in the Court of the Munsif for possession of the plots. 3. The defendant alleged that he was a co-tenant of the plots in sui...
Khacheru Vs. Mt. Khairunissa
Court: Allahabad
Decided on: Aug-18-1950
Reported in: AIR1952All638
Bind Basni Prasad, J.1. This is a deft's appeal arising out of a suit by a wife for the dissolution of marriage. Parties are Muhammadans.2. It is the common case of the parties that the plff. Mt. Khairunnisa, was married to the deft, about two & a half years prior to the suit, She was minor then & therefore, she stayed with her father. Her age at the time of the suit was about sixteen years. It seems that the deft. insisted that she should come to live with him. Her father desired that she should go to him after attaining majority. This appears to have sown the seeds of discord, between the parties. It was alleged by the plff. that when she was coming in a bullook-cart with her parents from her maternal grandfather's place, she was forcibly taken away by the deft. & his party. She remained there for about 20 or 22 days & daring this period she was subjected to great cruelty. She was beaten & was shut in a room. On these groands she prayed for a declaration for the dissolution of marria...
NaraIn Ram Kalwar Vs. Ram Lalla Prasad and ors.
Court: Allahabad
Decided on: Aug-17-1950
Reported in: AIR1951All433
Agarwala, J.1. This is a plaintiff's appeal arising out of a suit for possession after redemption of a mortgage. The facts are as follows : On 7-2-1898, Mt. Pachni and Hansula executed a usufructuary mortgage of the house in suit is favour of one Sarju Prasad. It wag provided in the mortgage that the mortgagor shall be entitled to make the payment within sixty years from the data of the mortgage. Mt. Pachni and Han-aula, mortgagors, died and Munnu, their successor-in interest sold the equity of redemption to the plaintiff by sale-deed dated 15-1-1945. Sarju Prasad, the mortgagee, also died leaving several heirs. Kamta, one of the heirs of Sarju Prasad, obtained the mortgagee rights in a partition between the heirs. The mortgagee rights were put up for sale at an auction in execution of a decree against Kamta and were purchased by Mt. Saraswati, On 5-1-1932, Mt. Saraswati mortgaged the house to Deokinandan alleging herself to be the owner of the house and not merely the mortgagee. On 19...
Har Charan Lal Vs. the Agra Municipal Board and ors.
Court: Allahabad
Decided on: Aug-16-1950
Reported in: AIR1952All315
Bind Basni Prasad, J.1. These two second appeals arise out of the same decree. The Municipal Board of Agra brought a suit for the recovery of Rs. 1,632.6 against defendants 1 to 4 and prayed for a decree under Order 34, Rule 4, Civil P. C., for this amount. It further asked for a simple money decree for Rs. 112-15-9 against all six defendants. Thakur Ram Sarup, defendant 5, was the original owner of house No. 132 and 132/1-2 in Roshan mohalla in the City of Agra and he was so recorded in the Municipal registers. The house tax and water rate upon these premises were respectively Rs. 33-9.10 and Rs. 56-0.6 prior to 1-4-1937 and Rs. 25-6 9 and Rs. 42-4.10 after April 1937. On 28-2-1923, Abir Chand defendant 4, acquired 1/3rd share in these premises at a court sale. He obtained delivery of possession on 25-6-1923. Banwari Lal, father of defendants 1 to 3, purchased one half share in this house at a court sale on 10-2-1927 and 1/6th share on 25-7-1928. He obtained delivery of possession on ...
Makhan Lal Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Aug-16-1950
Reported in: AIR1952All437
Sapur, J. 1. The reliefs sought by the 12applicants before us in these 12 applicationsare that this Court may be pleased to issue:(a) a writ in the nature of mandamus to the opposite parties directing them to accept,entertain, hear and determine the applications ofthe petitioners for the renewal of their permitsaccording to such of the provisions of the MotorVehicles Act as are valid and to issue the necessaryquota of petrol for the continuance of theirbusiness of plying their, vehicles, (b) a writ inthe nature of mandamus to the opposite parties2, 3 and 4 directing them to withdraw the noticesissued by them to the applicants on 21-6-1949 andon 25-11-1949, (c) a writ in the nature of mandamusto the opposite party 1 directing it not tointroduce or ply on hire its Roadways on theSaharanpur-Hardwar route unless authorised bya valid law (d) a writ in the nature of mandamusto the opposite parties to properly constitute theRegional Transport Authority according to the valid provisions of the...
Badruzzaman Vs. the State
Court: Allahabad
Decided on: Aug-16-1950
Reported in: AIR1951All16
ORDERMisra, J.1. This is a revision against the appellate decision of the learned Additional Sessions Judge of Rae Bareli affirming the order of conviction passed against the applicant, Badruzzman Khan, by a Sub-divisional Magistrate in that district under Section 5(1), Influx from Pakistan Control Act, 1949 (XXIII [23] of 1949). Badruzzaman was originally sentenced to undergo nine months rigorous imprisonment but the lower appellate Court reduced the sentence to one of fine amounting to Rs. 500/- or three months rigorous imprisonment in default of its payment.2. Section 3, Influx from Pakistan Control Act, prohibits persons not exempted under the Rules framed in pursuance of Section 4 of the Act from entering India from. Pakistan directly or indirectly except under a permit, or valid passport in the case of persons not domiciled in India or Pakistan. Section 4 invests the Central Government with powers to make rules under the Act for prescribing the authorities by which and the condit...
Mt. Surji Vs. Manki Ram
Court: Allahabad
Decided on: Aug-16-1950
Reported in: AIR1951All381
ORDERBind Bansi Prasad, J.1.This is an application under Section 151, Civil P. C., praying that a decree passed by this Court in S. A. No. 1206 of 1946 on 4-1-1949, be set aside. The appeal was by the defendants and the dispute related to a chabutra and a house. It was heard ex parte. It was allowed. The decree of the lower appellate Court was set aside and that of the trial Court restored. On 28-3-1949, one Bishwanath who is the son of Manki Ram, the sole respondent in the appeal, made the application which is under consideration. He Sled an affidavit in support of it and it appears from the same that Manki Ram, respondent, had died about 13 months before the judgment and the appellants had taken no steps to bring his legal representatives on the record. The position thus is that long before the date of the judgment by this Court the respondent was dead and none had been brought in his place on the record. Notice of this application was given to the appellants. No counter, affidavit w...
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