Allahabad Court February 1952 Judgments
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Dibia Vs. State
Court: Allahabad
Decided on: Feb-22-1952
Reported in: AIR1953All373
Agarwala, J. 1. This is an appeal by Dibia who has been convicted under Section 302, I. P. C., and sentenced to transportation for life. 2. The appellant was prosecuted for having murdered one Puswa, his cousin, on 11-12-1949 at about noon in the house of one Bhikhari in village Todarpur in the district of Hamirpur. The prosecution case was that in Baisakh (April) of 1949 the appellant beat his wife whereupon she left his house and came to stay in the house of Puswa deceased and his brother Baddu, cousins of the appellant. She stayed there for the night and in the morning Baddu persuaded the woman to go back to her husband and calling the appellant made his wife to go with him. The accused took his wife out of the village and since then her whereabouts were not known. It was not known whether she was alive or dead. The appellant then began to give out in the village that Puswa had dishonoured his wife and that, therefore, he would kill him whenever he would get a chance. On 11-12-1949 ...
Daud Beg and ors. Vs. Mst. Mahmudi Begam and ors.
Court: Allahabad
Decided on: Feb-22-1952
Reported in: AIR1952All881
V. Bhargava, J.1. This appeal arises out of proceedings of execution of a mortgage decree. The respondents obtained a decree on the basis of a simple mortgage against one Hakim Beg for sale of the property which was mortgaged. Hakim Beg having died the appellants were substituted as judgment-debtors in the capacity of his legal representatives. When the respondents sought the execution of the decree by sale of the property which was directed to be sold in the decree an objection was filed by the appellants claiming that this property was owned by them in their own right and had never belonged to Hakim Beg so that it was not liable to be sold under the decree. A preliminary point was taken that this objection of the appellants was not maintainable and that the execution Court was not competent to decide it at all. This ground raised against the objection of the appellants was accepted by the lower Court and consequently the objection was dismissed. The appellants have come up to this Co...
Sechan Vs. Ram Chandra Bahadur
Court: Allahabad
Decided on: Feb-22-1952
Reported in: AIR1952All934
Mushtaq Ahmad, J.1. This is a defendant's appeal in a suit for resumption of plots 498 and 501 in mauza Nawapura, district Banaras under Section 195, U. P. Tenancy Act on the allegations that those plots had been a service grant (Moafi Khidmati) to the defendant's ancestor and that the service being no longer required by the plaintiff-zamindar the same were liable to be resumed. 2. The defence taken was that the defendant had become the proprietor of the plots and that, in view of Sections 191 and 192 of the said Act, the plaintiff was not entitled to resume them. 3. This litigation has had rather a chequered history, and it would be convenient to refer briefly to the various stages through which it has run. On 20-2-1942, the suit was originally dismissed on the merits. On 15-6-1942 an appeal against this decree to the Collector was also dismissed. On 2-3-1943, the Commissioner in second appeal set aside both these decrees on the view that an issue of proprietary title should have been...
Zabar Singh Vs. Baldeo Prasad and ors.
Court: Allahabad
Decided on: Feb-21-1952
Reported in: AIR1952All922
1. This second appeal arises out of a suit for the cancellation of a deed of lease. The plaintiffs-respondents alleged that they were the chief tenants of certain agricultural plots and asub-lease of those plots had been obtained by the defendants-appellant from them by fraud. They,therefore, brought this suit for the cancellationof the sub-lease. Both the lower Courts have held that the fraud alleged by the respondents has been proved and, therefore, the sub-lease is liable to be cancelled. The trial Court consequentlydecreed the suit and the lower appellate Courtdismissed the defendant's appeal against that decree. In this second appeal the only question of law, that has been argued by the learned counsel for the appellant, is that the civil Courts had no jurisdiction to entertain the suit because somerelief in respect of the cause of action alleged by the respondents could have been granted by the revenue Court to them under Section 60, U. P. Tenancy Act.2. Section 60, U. P. Tenancy...
Ramnath Vs. State
Court: Allahabad
Decided on: Feb-20-1952
Reported in: AIR1953All59
ORDERP.L. Bhargava, J.1. This is an application in revision, which is directed against an order, dated 3-11-1950, made by a Magistrate of the first class of Pargana Rath, in the district of Hamirpur, and confirmed on appeal by the learned Sessions Judge of Hamirpur. The facts and circumstances which have given rise to this revision are these :2. As against the applicant, Ramnath, and certain other person, proceedings under Section 107, Criminal P. C., were pending in the Court of the Magistrate. In connection with the said proceedings, the applicant appeared in the Magistrate's Court. It is said that when the applicant appeared before the Court he was 'badly drunk and could not control himself' and that 'he was talking irrelevant thereby causing insult and interruption to the Court's work.' The Magistrate being of the opinion that the applicant had by his conduct and behaviour committed contempt of Court, punishable under Section 228, Penal Code, took cognizance of the offence under Se...
Gauri Shankar and anr. Vs. State
Court: Allahabad
Decided on: Feb-20-1952
Reported in: AIR1952All927
ORDERBeg, J.1. This is an application in revision filed by Gauri Shankar and Sri Ram, residents of Sarawan and Bhanpur respectively, Police Station Tarabganj, District Gonda, against the order of the Temporary (Additional) Sessions Judge, Gonda confirming the order of Sri J. P. Govil, S. D. M., Tarabganj, Gonda binding them down to be of good ' behaviour for a period of one year under Section 110, Criminal P. C., on account of their being by habit house-breakers and thieves and so desperate and dangerous as to render their being at large without security hazardous to the community.It may be mentioned that along with the two applicants named above there were two other persons against whom proceedings under Section 110 were instituted by the police. Their names are Jaipattar and Kalapanth, residents of village Sarawan. All the four persons were bound down by the order of the trial Court. An appeal was filed against the said order to the lower Court. The appeal of all the aforesaid person...
Mata Prasad Vs. Ram Adhar Pandey and anr.
Court: Allahabad
Decided on: Feb-19-1952
Reported in: AIR1952All535
Misra, J.1. This is a Full Bench reference.2. The defendant-appellant, Mata Prasad Pandey came up to this Court by way of appeal under Order 43, Rule 1 (u), Civil P. C. He challenged the appellate order of the learned Civil Judge, Fyzabad, passed in appeal under Order 43, Rule 1 (a), Civil P. C. remanding the case for disposal on merits under Order 41, Rule 23, Civil P. C.3. On the date on which this appeal was first argued before a single Judge of this Court, it was conceded that a second appeal against the appellate order of remand was incompetent. It was prayed, however, that the memorandum of appeal be treated as a revision. The sole question for determination before us is whether the order of remand passed under Order 41, Rule 23 constitutes a 'case decided' within the meaning of Section 115, Civil P. C. The reference was necessitated because of a conflict between the Oudh Chief Court and the Allahabad view on the aforementioned question.4. The suit was for recovery of possession ...
Nageshwar Upadhya and ors. Vs. Chandra Charuman Tewari and ors.
Court: Allahabad
Decided on: Feb-19-1952
Reported in: AIR1952All698
Agarwala, J. 1. This is a defendants' appeal arising out of a suit for accounting under Section 33 of the U. P. Agriculturists' Relief Act.2. In 1894 two persons Badriman and Moharman usufructuarily mortgaged their plots in dispute, which were at that time their sir plots, to Deoki Nandan, Nageshwar and Ram Lagan. Possession over the plots was taken by the mortgagees. In the year 1909, the equity of redemption of the mortgagors was sold at an auction sale and purchased by one Chandrabali Dube. It does not appear that the mortgagors claimed any exproprietary rights on the sale of their proprietary rights in the equity of redemption in 1909. On the 13th September 1944, the suit which has given rise to this appeal was brought by the successors of the original mortgagors against Nageshwar, Indrajit and Ganga Upadhya sons of Ram Lagan, and Mt. Kunta Upadhyan widow of Deoki Nandan, mortgagees. The plaintiffs' case was that on account of the sale of equity of redemption in 1909, the rights of...
Nageshwar Singh and ors. Vs. State Through Sitala Bux Singh and ors.
Court: Allahabad
Decided on: Feb-18-1952
Reported in: AIR1953All471
ORDERBeg, J. 1. These are two applications in revision arising out of two connected cases relating to Section 145, Criminal P. C. It would appear that on 28-2-1940, Sitala Bakhsh Singh and Mata Prasad Singh gave two applications under Section 145, Criminal P. C. The first application was against three persons, Ram Sunder Singh, Nage,shwar Singh and Indra Singh. The second application was against the said three persons and two more, Shambhu Singh and Kamta Singh. In both the applications the applicants made a clear statement that there was a danger of a breach of the peace. Two applications were given because the dispute in the two cases related to different plots of land. On the same date, the learned Magistrate before whom the applications were given called for a report from the police by the following order:'Please report if there is an apprehension of breach of such a nature which you are unable to prevent. How many applications have been filed about this in your police station? If ...
Ali Ahmad Vs. Deputy Custodian of Evacuee Property and anr.
Court: Allahabad
Decided on: Feb-18-1952
Reported in: AIR1952All813
Bind Basni Prasad, J.1. This is an application under Articles 226 and 227 of the Constitution by one Ali Ahmad. The prayer is that this Court may issue to the Deputy Custodian and the Additional Custodian of Evacuee Properties a direction or order or a writ in the nature of certiorari and prohibition forbearing them from dispossessing or in any manner interfering with the applicant's right to manage the waqf properties or grant such other and further relief as this Court may deem fit. The relevant facts are as follows:2. On the 12th March 1913 one Srimati Mariana Begam, widow of Syed Niaz Ali, brother of the applicant's grand-father, Wajid Ali, executed a deed of waqf-alal-aulad and appointed two minors as co-mutwallis under the guardianship of their mother, Srimati Sardar Dulhan. One of these mutwallis was the applicant and the other was his brother, Ali Asghar. The waqf was in respect of certain Zamindari shares in two villages. The applicant attained majority in the year 1918 and wa...
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