Allahabad Court April 1951 Judgments
Jagan Nath Manchanda and ors. Vs. the District Magistrate of Allahabad ...
Court: Allahabad
Decided on: Apr-30-1951
Reported in: AIR1951All710
Agarwala, J.1. This is an application for issue of a proper writ or other direction directing the opposite parties, namely, the District Magistrate, Allahabad, & the Rent Control & Eviction Officer, Allahabad, to dispose of an application dated 5-4 1950 for fixation of rent made by the applicants. The facts narrated in the affidavit & not disputed by the opposite parties may be shortly stated. 2. The applicants are refugees & occupy certain quarters constructed by the Improvement Trust at Atala, a locality in Allahabad. The quarters were constructed after 1-7-1946. The Improvement Trust had constructed a number of similar quarters which were occupied by refugees. In February 1950, the Improvement Trust filed two suits against two of such refugees for the recovery of rent of the quarters occupied by them alleging that the rent sued for had been agreed upon between the parties. The applicants alleged that these suits were test suits & that no rent had been agreed upon at all between the ...
Tag this Judgment!Keshava Nand Srivastava Vs. the State
Court: Allahabad
Decided on: Apr-30-1951
Reported in: AIR1952All122
ORDERKidwai, J.1. This is an application praying that the commitment of the applicant be quashed under Section 215, Cr. P. C.2. The applicant holds the post of Assistant; Superintendent R.M.S. He officiated as Superintendent in the same department from 2nd January 1948, to 13th September 1948. One B.D.L. Sinha, a clerk in the E.M.S. sent a complaint against the applicant (Ex. 123) to the Post Master General, U. P. Circle and to the Director-General of Posts and Telegraphs, Sinha also sent several more representations to the higher authorities. Thereupon Sri Ganguli, Regional Complaints Officer, Post and Telegraphs, was sent to Allahabad to conduct a departmental enquiry.3. On the termination of the enquiries made by Sri Ganguli the Deputy Director-General (complaints) sent a complaint (Ex. 114) to the Superintendent, Special Police Establishment, Delhi. The latter registered a case under Sections 120B and 420, Penal Code, and Section 5 of Act II [2] of 1947 (The Prevention of Corruptio...
Tag this Judgment!Chhotey Lal and ors. Vs. State
Court: Allahabad
Decided on: Apr-27-1951
Reported in: AIR1951All714
ORDERBrij Mohan Lall, J.1. This is a petn. Under Sections 215 & '61A. Cr. P. C. for quashing an order of commitment passed by a learned Mag. first class, of Agra. It arises under the following circumstances, viz:--Twelve persons, including the present appcts. were alleged to have commenced an assault on one Ram Singh & several others. After a while, eight of them were said to have run away but the remaining four were said to have continued the assault. The result was that Ram Singh died. A charge sheet was submitted against all the twelve persons including the appcts. Under Sections 302/149 & 147 I. P. C. The learned Mag. split up the trial into two. He charged the four persons who continued the assault up to the end Under Sections 302/149 I. P. C. & committed them to the Ct. of session. Against the remaining eight, he framed charges Under Sections 325/149 & 147 I. P. C. He decided to keep that case on his own file & to try it himself. This order was passed by the learned Mag. on 18-11...
Tag this Judgment!Akhtar HusaIn and anr. Vs. Hasmat Ali Khan and anr.
Court: Allahabad
Decided on: Apr-25-1951
Reported in: AIR1951All713
Agarwala, J.1. This is a defts' appeal arising out of a suit for pre-emption.2. The parties are Sunni Muslims. Deft. 2 executed a sale deed in favour of deft. 1 in respect of the house in suit. The pltf., who is the owner of an adjoining house filed the suit which has given rise to this appeal for pre-emption on the ground that the vendee, deft. 1, was a complete stranger & that the pltf. had a preferential right to claim the house by pre-emption. The only question which was consd. by the Munsif was whether the pltf. had made the demands as required by the Mohammadan Law in order to entitle him to pre-empt the house.3. Under the Mohammadan Law, no person is entitled to the right of pre-emption unless :1. he has declared his intention to assert the right immediately on receiving information of the sale. This formality is called 'talab-i-mowasibat (literally, demand of jumping, that is, immediate demand) : & unless2. he has with the least practicable delay affd. the intention, referring ...
Tag this Judgment!The Unao Commercial Bank Ltd. Vs. Hari Saran Das
Court: Allahabad
Decided on: Apr-20-1951
Reported in: AIR1951All641
Kidwai, J. 1. On 6-3-1935, the Unnao Commercial Bank, Ltd., obtained a decree for Rs, 11,150-9-6 & Rs. 748-8 costs against Bhaya Hari Saran Das. The decretal amount was to carry interest at 6%.2. The U. P. Agriculturists' Relief Act (XXVII [27] of 1934) came into force on 30-4-1935, & on 17-5-1935, the J. D. applied for the benefit of Sections 4 & 5 of the Act by having instalments fixed & future interest reduced. This appln. was opposed by the D. H. but it was allowed by the learned Civil Judge who converted the decree into an instalment decree. Since the J. D. paid more than Rs. 1,000 as land revenue, fifteen instalments were fixed & future interest was reduced to 3%.3. The D. H. has come up in ravn. against this order. His learned Advocate has contended that too large a number of instalments have been granted & that, Section 4 not being applicable to decrees passed before the Agriculturists' Belief Act came into force, the Civil Judge had no jurisdiction to reduce interest.4. When t...
Tag this Judgment!Jag NaraIn and ors. Vs. Rai Asht Bhuja Prasad and ors.
Court: Allahabad
Decided on: Apr-20-1951
Reported in: AIR1951All715a
Kidwai, J.1. The history of the property involved in this appeal will help in the proper understanding of the points raised.2. Rai Udit Narain Singh, who owned village Karemwa. in the district of Rai Bareilly, died on 14-12-1889, & was succeeded by his widow, Thakurain Dhiraj Kuar. The lady granted permanent leases to a large number of persons, including one in favour of applts. 1 & 6, the predecessors of applts. 2 to 5. She died on 30-11-1934, & on 8-11-1935, Rai Samarjit Singh claiming as the next reversioner sued the lessees, including the aforementioned applts., for possession of the leased property on the ground that the widow had no authority to grant perpetual leases -- vide Ex. P. 3, the plaint. This suit was compromised -- vide Ex. P. 6. Rai Samarjit Singh was held to be the proprietor & the defts. were to remain in possession as tenants at a rent to be determined by a competent Court -- vide Ex. P. 1 decree & Ex. P. 4 judgment.3. In accordance with this decision possession ov...
Tag this Judgment!Saru Smelting and Refining Corpn. Ltd. Vs. State
Court: Allahabad
Decided on: Apr-18-1951
Reported in: AIR1951All709
ORDERBrij Mohan Lall, J.1. This appln. arises in the following circumstances, viz : 2. A criminal revn. was filed by the appct. & It came up before the late Hon. Seth J. He heard the revn. & dismissed it by his order dated 14-9-50. He remarked in the course of his order that an important question of law had been raised but he was not disposed to interfere with the proceedings that were going on in the Ct. below 'at this stage of the case'. It seems that he had questioned the learned counsel whether the charge had been framed in the case & the answer given to him by the learned counsel was in the affirmative.3. Sometime after the dismissal of that revn. the learned counsel presented an appln. Under Section 561A, Cr. P. C. stating that the charge had, in fact, not been framed till then & that he had, on account of defective instructions, made an incorrect statement before the Ct. & that incorrect statement had influenced the judgment. He prayed that the Ct. might review its order. This a...
Tag this Judgment!Raghubir Singh and ors. Vs. State
Court: Allahabad
Decided on: Apr-18-1951
Reported in: AIR1952All589
ORDERBrij Mohan Lall, J. 1. This is an application in revision. The applicants are under arrest on a charge under Section 395/397, I. P. C. Identification proceedings are about to be held. Their counsel made an application to the learned Magistrate to be allowed to be present at the time of the identification parade. That permission was refused. Thereupon the applicants went up in revision to the learned Ses. J. The learned Judge rejected the revision but made an observation that it would be expedient in the interest of justice if the learned Magistrate allowed the applicants to be represented by a counsel at the time of the identification parade. A copy of this order was produced before the learned Magistrate who said that he would pass orders at the time of the identification proceedings.2. The applicants have come up in revision & they take their stand on Clause (b) of para. 443 of the U. P. Jail Manual which says that :'Before the proceedings begin, the Prosecuting Inspector & the ...
Tag this Judgment!The State Vs. Raja Ram and ors.
Court: Allahabad
Decided on: Apr-17-1951
Reported in: AIR1953All619
ORDERMisra, J.1. This is a criminal reference under Section 538, Criminal P. C., by the learned Sessions Judge, Bara Banki. The case arises out of an application under Section 514, Criminal P. C. for forfeiture of the security bonds executed by the opposite parties. Raja Ram, Ramanand and Sheoraj Ball. The bonds were executed in pursuance of an order of the learned Sub-Divi-sional Magistrate, Haidargarh, district Bara Banki dated 6-8-1947, in proceedings under Section 107, Criminal P. C. The finding of the learned Magistrate was that on account of the strained relations between the aforenamed persons and one Ram Dayal, there was an apprehension of a breach of the peace and it was necessary to bind them clown for the period of one year. The bonds were duly executed on 6-8-1947.2. Ram Dayal invoked the jurisdiction of the Sub-Divisional Magistrate, Haidargarh, under Section 514, Criminal P. C. on 10-8-1948, because Raja Ram, Ramanand and Sheoraj Ball were tried and convicted of offences ...
Tag this Judgment!C.D. Hans Vs. Shri Munnu Lal
Court: Allahabad
Decided on: Apr-16-1951
Reported in: AIR1952All432
Misra, J. 1. This appeal arises out of a suitfor ejectment from a house in Sundarbagh,Lucknow and for recovery of rent. 2. The defendant-appellant, C. D. Hana wasin occupation of the premises at a monthly rentRs. 37/8/0. The plaintiff, Munnu Lal purchasedthe house on 4th June 1948 and shortly thereafterhe applied to and secured on 28th December1948 from the Rent Control and Eviction Officer,Lucknow an order permitting him to institutethree months after the date thereof proceedingsfor ejectment against the defendant if the latterdid not exchange the house for another house ofthe plaintiff of approximately the same rentalvalue in Chowk. The sanction did not mature asit was rescinded by the Eviction Officer on 12thFebruary, 1949 and it is suggested that this actionwas inspired by an order passed on 15thJanuary 1949 by the District Magistrate, Lucknowwho was moved by the tenant to reconsiderthe matter. Notwithstanding, however, thewithdrawal order Munnu Lal gave, on 8th march1949 a notice ...
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