Allahabad Court September 1951 Judgments
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Sukhendra Singh Vs. Smt. Kishori Devi
Court: Allahabad
Decided on: Sep-21-1951
Reported in: AIR1952All27
Chandiramani, J.1. This is a second appeal of the judgment, debtor against the appellate order of Sri A.P. Bhatnagar, Civil Judge, Hardoi, dated the 3rd February, 1951.2. It appears that the respondent decree-holder is none other than the wife of the judgment-debtor. She obtained a decree for maintenance of Rs. 400 per year, in a suit on 10th January 1949. The amount was payable in two instalments, in May and November of each year. The appellant judgment debtor made default and accordingly on 3rd July 1950, an application for execution was given. The judgment debtor objected to the execution on the ground that the decree-holder was not residing with her brother and mother and was unchaste. The executing Court rejected the objection on the ground that the Court could not go behind the decree which was unconditional. The lower appellate Court agreed with the view taken by the executing Court and dismissed the appeal.3. It has been urged before me that the view taken is wrong, that the ob...
Banshi and ors. Vs. State
Court: Allahabad
Decided on: Sep-21-1951
Reported in: AIR1952All38
ORDERAgarwala, J.1. This is a reference by the Sessions Judge of Jaunpur in a matter which was decided by a Panchayati Adalat and in which orders were passed by the Sub-divisional Magistrate. A complaint was filed in the Panchayati Adalat of Kalichabad under Section 447, Penal Code. The Sarpanch constituted a bunch of Shri Rajpat Misir, Shri Sahdeo Ram, Shri Jagannath, Shri Gobind Ram and Shri Raja Ram. The entire evidence was recorded by these Panches and when the case was ready for judgment the ac-cused made an application to the Sub-divisional Magistrate praying that the bench should be reconstituted as they were not likely to get justice from the bench which was trying the case. The Sub-divisional Magistrate rejected this application but expressed an opinion that the Sarpanch may reconstitute the bench. The Sarpanch reconstituted the bench and the accused were convicted and three of them were sentenced to a fine of Rs. 50 each and the fourth to a fine of Rs. 25. Against this order ...
Bhim Sen and anr. Vs. Murari Lal
Court: Allahabad
Decided on: Sep-20-1951
Reported in: AIR1953All238
Mootham, J.1. The opposite party is the landlord of three shops. Each of the applicants is a tenant of one of the shops for which he paid an agreed rent of Rs. 10/- a month. The landlord being of opinion that neither the agreed rent nor the reasonable annual rent of these shops was adequate, brought a suit against each of his tenants under Sub-section (4) of Section 5, U. P. (Temporary) Control of Rent and Eviction Act, 1947, claiming in each case that the reasonable annual rent of the accommodation let to the tenant should be enhanced. The learned Munsif by his order dated 13-12-1948, increased the rent in one case to Rs. 24/- a month and in the two other cases to Rs. 20/- a month. It is that order which is the subject of the present applications.2. Sub-section (4) of Section 5 reads as follows : '(4) If the landlord or the tenant, as the case may be, claims that the annual reasonable rent of any accommodation to which the Act applies, is inadequate or excessive, or if the tenant clai...
Deb Ram Vs. State Through the Range Officer, Deoghar Range Forest
Court: Allahabad
Decided on: Sep-19-1951
Reported in: AIR1952All33
ORDERAgarwala, J.1. This is a reference made by the District Magistrate of Dehra Dun. 2. The applicant Deb Ram was prosecuted by the Forest Department under Section 26(1)(a) and (h), Forest Act, on the ground that he was found cultivating land situate in Majog Compartment No. 7 which, by a notification dated 9-12-1924, had been declared a Government reserved forest. The defence was that the land had been in possession of the applicant and his forefathers for a very long time and had been continuously cultivated by them and that, therefore, no offence was committed by the applicant in continuing to cultivate the land. The accused was triedsummarily by the Sub-Divisional Magistrate, Chakrata. The learned Magistrate did not reject the defence case that the land had been for a long time under his cultivation. But it was observed that even if the accused's conteation, viz., that the land had been with his family for several decades be accepted, the rights of the tenants were extinguished by...
Bhup NaraIn Saxena Vs. State Through District Co-operative Officer
Court: Allahabad
Decided on: Sep-18-1951
Reported in: AIR1952All35
Raghubar Dayal, J. 1. This is an application under Section 561A read with Section 435, Criminal P. C. for the setting aside of the charge and the entire proceedings in Sessions Trial No. 77 of 1950 and the convictions and sentences in Sessions Trials NOS. 76 and 78 of 1950.2. The applicant was prosecuted for offences under Sections 409, 420, 465, 468, 471 and 477A, Penal Code, in three cases. He was duly committed in all the three cases. Two of these cases ended in his conviction under Section 467 read with Section 471 and Section 420, Penal Code. The applicant filed appeals against his convictions and sentences before the Sessions Judge of Gorakhpur. His appeals are pending. The third caae is pending in the Sessions Court.3. The ground for the prayer for action under Section 561A is that the Court could not have taken cognizance of the offences in the absence of sanction as required by Section 6, Prevention of Corruption Act (Act II [2] of 1947) It is admitted that the applicant has n...
Rekhai Singh Vs. the State Through Ram Narayan Singh
Court: Allahabad
Decided on: Sep-17-1951
Reported in: AIR1953All466
ORDERAgarwala, J. 1. This is an application in revision against an order of a Magistrate of Faizabad making a conditional order under Section 133, Cr. P. C. absolute and ordering the applicant to remove certain constructions made by him upon an alleged passage.2. Ram Narain Singh, opposite party, made an application under Section 133, Cr. P. C. against the-applicant Rikhai Singh and one Srimati Dulhin Kuar on the allegation that Rikhai Singh and Dulhin Kuar had made certain constructions on a public road in village Chachikpur. The learned Magistrate called for a report from Sadar Kanun-go, Minjhaura. In his report the Kanungo stated that both Rikhai Singh and Dulhin Kuar had extended their houses which were on the two sides of the public road and had thereby narrowed the width of the passage with the result that great inconvenience had been caused to the public. A conditional order was made by the learned Magistrate calling upon Rikhai Singh and Dulhin Kuar to remove the construction a...
Raja Pratap Vikram Shah Vs. Kr. Upendra Bahadur Shah and ors.
Court: Allahabad
Decided on: Sep-15-1951
Reported in: AIR1952All6
1. The controversies involved in these appeals are now confined to one point only, namely : Whether the properties specified in list A annexed to the plaint comprising twenty four villages referred to at the Bar and in this judgment for the sake of convenience as Kaffara villages and those detailed in list E of the plaint containing twenty-seven villages (hereinafter called Bardia exchange villages) constitute an 'estate' within the meaning of the Oudh Estates Acts (I [1] of 1869) and are as such governed by the rule of succession laid down in Section 22 of the Act. 2. The appeals have been laid before us on a difference of opinion between two learned Judges of this Court, Ghalam Hasan and Kaul JJ. who heard the appeals initially and have since retired. 3. The suits giving rise to these appeals related to succession to movable and immoveable properties left by Rani Subhadra Devi on her death on 22nd August 1942. The deceased Rani was the second of the three wives of Raja Indra Bikram S...
Brindra Ban Agarwala Vs. Official Liquidator of the Sarswati Soap and ...
Court: Allahabad
Decided on: Sep-14-1951
Reported in: AIR1952All113
Mootham, J. 1. This is an appeal from an order of the Hon'ble the Chief Justice, sitting as Company Judge, dated 25-6-1951. The essential facts can be shortly stated. An order for the compulsory winding up of the Saraswati Soap and Oil Mills Ltd., was made by this Court on 25-10-1950, and by a further order dated 25-4-1951, the Official Liquidator was authorised to sell the mill premises by a public auction, the sale being subject to confirmation by the Court. The sale was held on the 27th May and the highest bid thereat was one of Rs. 1,10,000 made by the appellant. On the 9th June the Official Liquidator made a full report to the Court in which, after stating all the relevant circumstances, he expressed the opinion that the price offered by the appellant was inadequate and recommended that the sale should not be confirmed. On the 10th June, the firm of R.B. Bansidhar Sons and Company made an offer to the Court of Rs. 1,14,000 for the property. On the 16th June the learned Company Jud...
Municipal Board Vs. Ganesh Prasad Chaturvedi
Court: Allahabad
Decided on: Sep-14-1951
Reported in: AIR1952All114
ORDERBind Basni Prasad, J.1. This revision raises an interesting point of law. The Municipal Board of Konch in the district of Jalaun brought a complaint; against Ganesh Prasad, applicant under Section 500, Penal Code, alleging that by issuing certain leaflets the applicant had defamed the Board. The trying Magistrate held Ganesh Prasad guilty and sentenced him to a fine of Rs. 200 or in default to three months' simple imprisonment. In appeal the learned Sessions Judge held :'That no public body created under law can maintain a prosecution for any criticisms against it even if that criticism is not fair.'He examined the case on merits also and arrived at the conclusion that the criticisms levelled by Ganesh Prasad against the administration of the Board was not unfair. In the result, he allowed the appeal and dismissed the complaint.2. Learned counsel for the applicant has contended that Section 499, Penal Code, entitled any person, whose reputation has been damaged, to maintain a comp...
Mahant Har Kishan Das Vs. Satgur Prasad
Court: Allahabad
Decided on: Sep-14-1951
Reported in: AIR1953All129
Agarwala, J. 1. These are two applications for leave to appeal to the Supreme Court. They arise from a decision of a Bench of this Court in two appeals disposed of by one judgment, These two appeals were brought against a decision of the Civil Judge of Lucknow in one suit. The suit related to properties alleged to belong to a Sangat by the name of Bagh Baba Hazara. These properties mainly consisted of Eagh Baba Hazara, Bagh Suraj Kund, certain muafl villages, certain non-muafi villages and certain movable properties of the total valuation of over Rs. 5500000/-. 2. The plaintiff's case was that the Sangat was founded by Baba Hazara, a Faqir of the Nihang Udasi Sect, that the Sangat was a public religious endowment managed by Mahants, that the first Mahant was Baba Hazara, who was succeeded by his disciple, Amriti Das, who again was succeeded by Mahant Gur Narain pas, that a bulk of the property was acquired in the name of Gur Narain Das, that the property thus acquired was either given ...
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