Allahabad Court October 1952 Judgments
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Ahibaran Singh and anr. Vs. the State
Court: Allahabad
Decided on: Oct-10-1952
Reported in: AIR1953All493
ORDERKaul, J.1. Ahibaran Singh and Gokaran were convicted by a Magistrate of the first Class, Hardoi, under Section 411, Penal Code, and sentenced to nine months' rigorous imprisonment each. An appeal preferred by them was dismissed by the learned Sessions Judge of Hardoi. They now come up in revision.2. The prosecution story as held established at the trial was as follows:3. Two consignments of 'Kattha' were despatched from Najibabad by the firm Babu Ram Suresh Chander. One of these consignments was intended for Shahganj and the other for Jaunpur. The consignment for Jaunpur consisted of two packages weighing 2 mds., 17 seers while that intended for Shahganj consisted of five packages weighing six maunds. The railway man at the west Cabin of Karwa Station noticed on the night between the 28th and 29th April, 50, that the door of one of the vans in the goods train, which had passed his cabin, was open. He informed the Station Master who got into touch with the next station. When the tr...
The Chief Inspector of Stamps, U.P. Vs. the Sunni Central Board of Waq ...
Court: Allahabad
Decided on: Oct-10-1952
Reported in: AIR1953All550
ORDERMisra, J.(1) This revision is directed against the order of the learned Civil Judge, Bara Banki, rejecting the report of the applicant, the Chief Commissioner of Stamps, U. P. made in a declaratory suit. The Chief Inspector claimed that the plaint was taxable under Section 7(iv-A), Court-fees Act and there was a deficiency of Rs. 615/10/- in the court-fee stamp. The plain-tiff who is the liquidator of the Bank of Upper India Ltd., prayed for the following reliefs in his suit:(a) A declaration to the effect that a previous decision of the District Waqf Commissioner, Bara Banki, was ultra vires, erroneous and bad;(b) A declaration that there is no such waqf as was found by the District Waqf Commissioner, Bara Banki, to have been constituted under the will of Chaudhri Sarafraz Ahmad.(c) Award of costs of the suit, and(d) Such further and other reliefs as the nature of the case may justify or demand.(2) From the allegations contained in the plaint it would appear that Chaudhri Sarfara...
Brij Lal Vs. Mahadeo
Court: Allahabad
Decided on: Oct-09-1952
Reported in: AIR1954All19
ORDERKaul, J. 1. As these cases relate to the same order, it will be convenient to dispose of them together and by one common judgment. 2. Mr. S. B. Bajpai who appeared for the respondent in the appeal and the opposite-party in the revision application stated that he had no instructions. Accordingly the two cases have been heard ex parte. 3. It is desirable that the facts which have given rise to this appeal and the revision application should be stated at some length. 4. On 3-104936, Gur Prasad sold a house in Mohalla Dugawan in the city of Lucknow to Brij Lal. Brij La! could not obtain possession. Accordingly Brij Lal brought a suit for possession. His claim was decreed and possession was actually delivered to him in the year 1937. Objections were preferred against delivery of possession of the house to Brij Lal by one Mahadeo who claimed to be a sharer in the house purchased by Brij Lal from Gur Prasad. His objections were allowed and possession was given back to Mahadeo in 1938. In...
Dal Chand and anr. Vs. the State
Court: Allahabad
Decided on: Oct-09-1952
Reported in: AIR1953All123
1. This is an appeal by Dal Chand and Pitam against their conviction of an offence under Section 395, I. P. C. and the sentence of seven years' rigorous imprisonment passed upon each of them by the learned Additional Sessions Judge of Bareilly.2. It appears that eight persons in all were put upon their trial. Six of them were acquitted and the two appellants were convicted and sentenced.3. On the night of the 27th of February, 1950 -- it was a moonlit night -- about midnight an armed dacoity appears to have been committed at the house of one Lala Ram in village Angadpur Khamaria. It is the prosecution case that some twenty persons participated in this dacoity. The family of Lala Ram is a well-to-do family of Chamars, the head of which is Lala Ram. He has three other brothers viz. Jhamman, Hod and Birbal, prosecution witnesses, and a son named Ram Lal P. W. 1. On the night when the dacoity was committed, Lala Ram was not at his house but was at his Kolhu, while his three brothers and th...
Harbans Singh and ors. Vs. the State
Court: Allahabad
Decided on: Oct-09-1952
Reported in: AIR1953All179
ORDERBeg, J. 1. This is a reference made by the learned Sessions Judge, Mirzapur, recommending that the order of conviction of Harbans Singh and three others passed by Sri A. P. Dikshit, Magistrate 1st Class, Mirzapur, be set aside. The accused were tried by Sri A. P. Dikshit Magistrate 1st Class, Mirzapur, under Section 15 (1) of the U.P. Private Forests Act (Act No. 6 of 1949). They were convicted of an offence under the said section and sentenced to pay a fine of Rs. 50/- or in default to undergo three months' simple imprisonment. They preferred a revision before the learned Sessions Judge, Mirzapur, who has made a reference to this Court recommending that the aforesaid conviction be set aside.2. Having heard the learned counsel for the parties I am of opinion that the recommendation of the learned Sessions Judge must be accepted. Under Section 15 (1) of the U.P. Private Forests Act any person who contravenes the provisions of Chapter II of the said Act is liable to be punished with...
Chotey Lal Vs. L. Chhakkilal Alias Hari Shanker and anr.
Court: Allahabad
Decided on: Oct-08-1952
Reported in: AIR1953All113
Desai, J. 1. This is a defendant's appeal from a decree for ejectment passed against him. The dispute is about a shop which admittedly was let out to the appellant by the plaintiff- respondent.2. On 24th February 1948 a decree for arrears of rent was passed against the appellant. Previous to the institution of that suit the respondent had given a notice for payment of the arrears and appellant had sent the arrears by money order, but the money order had been refused by the respondent. Consequently the decree was passed without costs. Subsequently rent again fell into arrear and the respondent gave a notice to the appellant demanding the arrears that has fallen due since the passing of the decree on 24th February 1948, and also the arrears decreed on that date. The appellant sent only the arrears that had fallen due subsequent to the passing of the decree, within the period of one month. He did not send the decreed arrears but deposited them in Court after a month. The respondent thereu...
Dr. Pyare Lal Gahlot and anr. Vs. the State of Uttar Pradesh, Lucknow ...
Court: Allahabad
Decided on: Oct-08-1952
Reported in: AIR1953All195
V. Bhargava, J.1. This is a petition under Article 226 of the Constitution presented by the Chairman and a member of the Municipal Board of Firozabad which was superseded by a notification issued by the State Government under Section 30, U.P. Municipalities Act. By this petition, the petitioners seek a declaration that the order of supersession was void and want a direction that they may be restored to their positions as Chairman and member of the board and allowed to function as such.2. The principal ground, on which this petition has been presented, is that, before the order of supersession was passed, the State Government did not give an opportunity to the petitioners or the board to give evidence to show that the charges, on account of which the board was superseded, were baseless. Learned counsel's contention was that, under Section 30, U.P. Municipalities Act, before superseding any board, the State Government was bound to give an opportunity to the board to give evidence in supp...
Shafi Vs. the State
Court: Allahabad
Decided on: Oct-07-1952
Reported in: AIR1953All502
Kaul, J. 1. Shafi, a young man of 20, was convicted by the learned Assistant Sessions Judge of Sitapur under Section 376, Penal Code for having committed rape upon Shanti, a girl aged 15 or 16 years, and sentenced to five years' rigorous imprisonment. He comes up in appeal.2. The prosecution story as found established at the trial was as follows:3. On the morning of 15-7-1950, at about 6 or 6-30, Mst. Shanti who is a resident of Baragaon went out to ease herself near a tank about 20 or 25 paces from her house. The tank is situated at the back of the house of one Debi Prasad and the place appears to be screened from public view on account of the existence of some bamboo clumps and bushes. After the girl had finished and was returning home, the accused came, caught hold of her, threw her down and overcoming all resistance that was offered by her, removed her dhoti and committed rape upon her. The girl raised an alarm which brought Debi Prasad P. W. 3 and Ram Ghulam P. W. 2 to the spot. T...
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