Allahabad Court December 1952 Judgments
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Ram Naresh Singh and ors. Vs. State of Uttar Pradesh Through Shankerpa ...
Court: Allahabad
Decided on: Dec-12-1952
Reported in: AIR1953All364
Agarwala, J.1. This application was originally filed ay a revision bat on an oral request of the learned counsel for the applicants I converted it into an application under Article 227 of the Constitution. I gave an opportunity to the opposite party to file a counter-affidavit in support of his allegations, but it has not been tiled.2. The facts of the case are not disputed. The applicants wore prosecuted under Sections 323 and 504, Penal Code. The Panchayati Adalat administered oath to them and they were cross-examined also, probably by the complainant. After considering all the facts and circumstances of the case the Panchayati Adalat came to the conclusion that the applicants had committed no offence and acquitted them. The complainant applied in revision to the Sub-Divisional Magistrate. The Sub-Divisional Magistrate set aside the order of the Panchayati Adalat on the ground that the accused had been put under oath and cross-examined. It was held in Pati v. Dubari, 1952 ALL. L. J. ...
Ram Gopal Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Dec-11-1952
Reported in: AIR1953All438
Malik, C.J.1. This is an application under Article 226 of the Constitution by one Ram Gopal Vaish of District Hamirpur. He is the owner of a small three storeyed house, the second storey of which consists of two rooms, one kitchen, one verandah, a latrine and a bath room. Brij Kishore Sub-Registrar was in occupation of the whole of this second storey except one room which was in the occupation of Ram Gopal. On 28-4-1952, Brij Kishore Sub-Registrar was transferred to Karwi and Abdul Rashid Sub-Registrar was posted in his place. The accommodation in the occupation of Brij Kishore was allotted to Abdul Rashid on 29-4-1952, without consulting the applicant, who was the owner of the premises.2. Learned counsel for the applicant has relied on Rule 7 framed under Section 17, U.P. Temporary Control of Rent and Eviction Act, 1947 (Act 3 of 1947)., The rule is as follows:'Where a portion of accommodation falls vacant and the owner is in occupation of another portion thereof, the District Magistr...
Rameshwar Lal Radha Krishan Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-11-1952
Reported in: AIR1953All459
Malik, C.J.1. This is a writ application in which the applicant complains that the opposite party have wrongfully prevented him from taking delivery of 250 bags of sea-salt which he had imported to Basti from Bombay under a licence issued by the Bombay Government. The argument of learned counsel for the applicant is that the U. P. Salt Control Order, 1947, does not apply to sea-salt and he was, therefore, not required to take out a licence.2. The applicant has relied on Annexure A to his affidavit. That is a notification of the U. P. Food and Civil Supplies, dated 5-10-1949, published in the U. P. Government Gazette (Extraordinary). It is urged that that notification shows that the restriction related only to rock salt imported from Pakistan and not to sea-salt. This argument is misconceived 'Salt' is defined in the U. P. Salt Control Order of 1947 as meaning:'any salt except 'khari' and saltpetre duly certified as such by the District Magistrate and bitterns, denatured salt and black ...
Hidayatullah and anr. Vs. Nabi Bux
Court: Allahabad
Decided on: Dec-10-1952
Reported in: AIR1953All403
1. This case has had a chequered history. The plaintiff-respondent brought a suit in the Court of the Additional Civil Judge of Rampur State for a declaration that he was the owner of 23 1/2 yards of land in a lane adjacent to his house. The suit was decreed by the Additional Civil Judge and an appeal against his judgment was filed before Sita Bam Agrawala J., of the Bampur High Court. He dismissed the appeal on 20-2-1949, and against the judgment of the learned Single Judge an appeal was filed before a Division Bench. The appeal was dismissed by the Division Bench on 8-11-1949. In the meantime, the State had merged in the Centre and in the exercise of the powers conferred by ss. 3 and 4 of the Extra-Provincial Jurisdiction Act, 1947 (Act no. 47 of 1947) the Central Government passed an order dated 1-7-1949, by which a Chief Commissioner was appointed and the powers of the Nawab of Bampur were transferred to the Chief Commissioner.2. Against a judgment of the High Court, Bampur, an app...
G.D. Gandhi and anr. Vs. Sri Jyoti Bhusan Gupta and ors.
Court: Allahabad
Decided on: Dec-09-1952
Reported in: AIR1954All113
Agarwala, J.1. These are two connected appeals from an order passed by the learned Civil Judge of Banares, rejecting an application for the issue of an injunction but at the same time directing the defendants to furnish security and to submit accounts. The facts, briefly stated, are as follows : 2. The dispute in the case relates to a cinema hall called the 'Prahlad Ka Theatre Hall' at Banares, hereinafter referred to as the Hall. It was owned by a joint Hindu family consisting of Seth Sagarmal and his sons, Sri Nand Kishore and Sri Bhagwati Prasad. These three persons wens arrayed as defendants 2, 3 and 4 in the court below. They carry on joint Hindu family business in the name and style of Messrs. Sagarmal Brij Mohan Das. This firm was also impleaded as defendant 1. The plaintiff, Sri Joti Bhushan Gupta, was a tenant of the Hall for the purpose of carrying on business, of showing films, etc.3. In 1949, there was a litigation between the plaintiff and the proprietors of the Hall, name...
Abdul Jabbar and ors. Vs. Audhesh Singh Ram Agyan Singh and ors.
Court: Allahabad
Decided on: Dec-09-1952
Reported in: AIR1954All310
V. Bhargava, J. 1. This second appeal arises out of proceedings under the Encumbered Estates Act. Respondent No. 1 presented an application under Section 4 of the Encumbered Estates Act and, in the written statement filed by him under Section 8 of the Act, he showed certain debts as payable by him, including a debt to a firm, Sheikh Mohammad Hashim Haji Pir Mohammad. A written statement was filed under Section 9 on behalf of the firm by the two partners, Abdul Sattar and Abdul Jabbar, and they also claimed the same amount as had been shown by the landlord applicant in his written statement. When the learned Special Judge came to consider the amount due from the landlord applicant to these creditors, Abdul Sattar and Abdul Jabbar, the question arose whether the claim of Abdul Sattar and Abdul Jabbar could be entertained in view of Section 69 of the Indian Partnership Act. The claim of Abdul Sattar and Abdul Jabbar was in respect of a 'sarkhat' executed in the year 1933, but before the 1...
State Vs. Amulya Kumar
Court: Allahabad
Decided on: Dec-08-1952
Reported in: AIR1953All369
Agarwala, J. 1. This is a Government appeal against the acquittal of Amulya Kumar Banerji who was prosecuted under Section 79, U. P. Town Improvement Act, 1919, read with Section 34 (A) enacted by the U. P. Town Improvement (Adaptation) Act, 1948. The facts briefly stated are as follows : 2. The respondent obtained permission from the Municipal Board of Banaras to construct a house on his land on Lajpat Rai Road, Banaras, sometime in September 1948. He started making constructions in accordance with the permission granted by the Municipal Board. While ho was doing so, by the notification dated 19-1-1949, the Government brought into force the Town Improvement (Adaptation) Act, 1948 (U. P. Act 47 of 1948), in the whole of Banaras Municipality with immediate effect. On 5-4-1949 the Banaras Improvement Trust resolved that a master plan for the whole of the city of Banaras be prepared for the improvement of the city. The Trust then requested the Government to issue a notification under Sect...
Baboo Lal Vs. State Through Mahesh Prasad
Court: Allahabad
Decided on: Dec-08-1952
Reported in: AIR1953All409
ORDERP.L. Bhargava, J.1. There is a house in mohalla Newaz-ganj, police station Saadatganj, in the city of Lucknow. The house in longed to one Brij Lal, who died leaving six sons. One of his sons is Babu Lal, who has filed this revision. Mahesh Prasad, who filed the complaint, which has given rise to this revision, is the grandson of Brij Lal Kailash Nath and Nand Kishore, who were named among the accused persons in the complaint filed by Mahesh Prasad, are also the grandsons of Brij Lal. Brij Lal's sons and grandsons now own and occupy the house, which has not yet been partitioned. In the house there is a room occupied by Babu Lal applicant and adjacent to that room on the other side is the dalan occupied by Mahesh Prasad. complainant. There is a common wall between Babu Barn's room and Mahesh Prasad's dalan. On the upper storey over the common wall, there is a parda wall. The partial demolition of the parda wall has led to the present dispute.2. On 17-6-1950, at 10.30 a. m., Mahesh P...
Rashid Vs. the State
Court: Allahabad
Decided on: Dec-08-1952
Reported in: AIR1953All412
Harish Chandra, J. 1. The appellant Rashid has been convicted under Section 366, Penal Code, and sentenced to rigorous imprisonment for three years and a fine of Rs. 100. in default of payment of fine he has been ordered to undergo rigorous imprisonment for a further period of six months. The victim was one Sm. Anwari, the daughte of one Sharif who was employed in the Loco Shed at Mau railway station in the district of Azamgarh as a sweeper. He lived in one of the railway quarters at the station. One Khalil, who was employed as a painter in the Loco Shed, occupied another quarter in the same neighbourhood. The appellant is the brother-in-law of Khalil and at the time of the occurrence which took place in the night of August 10-11-1949, was staying temporarily with Khalil. During that night Anwari disappeared from her father's house. A search was made and ultimately a report was lodged at the police station on the following evening at 7.10 O'clock.In the meanwhile the girl had been take...
Gopi Nath Vs. the State
Court: Allahabad
Decided on: Dec-06-1952
Reported in: 1953CriLJ719
ORDERChowdhry, J.C.1. This is an application in revision by one Bakshi Gopi Nath against his conviction under Section 19(f), Arms Act. The trying Magistrate sentenced him to imprisonment till the rising of the Court and a fine of Rs. 50. On appeal the Sessions Judge maintained the conviction but set aside the sentence of imprisonment and reduced the fine to Rs. 5.2. Pending this revision the petitioner has died, but as the revision is from a sentence of fine, it will not abate on the death of the petitioner on the principle applying to appeals under Section 431, Cr.P.C. Sita Ravi v. Emperor A.I.R. 1937 oudh 820 and Ramchand v. Emperor A.I.R. 1940 Lah. 274.3. The prosecution in this case appears to be somewhat strange. The petitioner held a licence for a gun and a pistol which expired on 31.12.1950. He should have got the licence renewed before its expiry, but actually he filed an application for its renewal on 8.1.1951. It has come in. evidence that this delay of eight days was due to ...
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