Allahabad Court April 1952 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Sripal Singh and anr. Vs. the State
Court: Allahabad
Decided on: Apr-23-1952
Reported in: AIR1953All187
ORDERMisra, J.1. The applicants Sripal Singh and Shankar Singh stood surety for one Aughar Nath against whom along with others an inquiry under Section 419, 342 and 170, I. P. C. was proceeding in the Court of the Judicial Magistrate III, Hardoi. Each of the aforenamed sureties executed a bail bond for Rs. 1500/- on 30th October 1950, but no personal bond was taken from Aughar Nath in pursuance of Section 499, Criminal P. C. It appears that a form purporting to be a bond under that section was filled in but it was not signed. Aughar Nath attended Court thereafter on seven different days on which the hearing of his case took place. He, however, absented himself on 13th February 1951, and the Magistrate thereupon issued a warrant of arrest against him and called upon the sureties to show cause why their bonds should not be forfeited. In answer to the notice issued to them, these persons filed a written statement on 11th July 1951, averring that Aughar Nath was dead. On the date of eviden...
Prabhu Dayal Vs. Asharfi Kuari and anr.
Court: Allahabad
Decided on: Apr-23-1952
Reported in: AIR1952All858
Sapru, J. 1. This is an appeal against the order of the learned District Judge of Farrukhabad dated 24-2-1950 by which he dismissed the application of the appellant for the custody of his minor son, Mahendra Mohan. The minor was 8 years old at the time of the application. His father, Shri Prabhu Dayal, and his mother, Sm. Asharfi Kuer, have fallen out and have been separated nowfor over 10 years. The responsibility for the events which led to this separation rests exclusively with Prabhu Dayal. The allegation of the wife, Sm. Asharifi Kuer, was that her husband used to beat her mercilessly, that she had indeed to leave her home and seek the protection of the police on one occasion. This allegation was believed by the District Judge. The mother's case against the father is that he is a very cruel and eccentric person. She is his third wife. According to her, he illtreated his son by his first wife and his daughter by the second wife so much so that his son by the first wife is being bro...
Ram Lakhan Vs. Sumesar Rai
Court: Allahabad
Decided on: Apr-22-1952
Reported in: AIR1952All861
Mushtaq Ahmad, J.1. This is a decree-holder's appeal and it raises a highly interesting point.2. On 17th January 1942, a final decree for sale under Order 34, Rule 5, Civil P. C., was passed in favour of the appellant. On 22nd July 1947, the Collector passed an order granting a self-liquidating mortgage under Section 17, Proviso 3, to the appellant for a period of 20 years in part satisfaction of the decree. The amount due under the final decree was Rs. 2048-15-0, whereas the amount for which this mortgage was granted was only Rs. 1446-4-0 (not Rs. 1464-4-0 as mentioned in the order of the execution court) in respect only of protected land. We do not know whether such land only was covered by the mortgage or whether it included any other class of property also.3. On 3lst August 1948, the appellant filed an application for execution of the decree in respect of the unpaid portion of the money as against some other properties of the judgment-debtor. He alleged that a part of the property ...
Bhagwan DIn Vs. Ram Das and ors.
Court: Allahabad
Decided on: Apr-21-1952
Reported in: AIR1953All48
Malik, C.J. 1. This is a plaintiff's appeal. The plaintiff's suit for possession of seventeen tenancyplots, measuring 18 bighas and 5 biswas in Ashrafpur, district Faizabad, was dismissed by the lower appellate Court. These plots belonged to one Binda, who was the statutory tenant of these plots. He died in 1939. He had a son Abhilakh, who had predeceased him, leaving a widow, Srimati Rajwanta. This widow became the heir to the property under the Hindu Women's Rights to Property Act, XVIII of 1937, read with U. P. Hindu Women's Rights to Property (Extension to Agricultural Land) Act, XI of 1942. The fact that Rajwanta became the heir to Binda under the Acts mentioned above is not denied. On 8th November 1943, Rajwanta executed a deed of surrender in favour of Ram Bachan, her daughter's son. The suit was filed by Bhagwan Din and Ram Din, cousins of Binda, on the ground that they were the heirs of Binda and were entitled to possession of the property. The suit was filed on 15th November ...
Zahid HusaIn Vs. M. Hamid UddIn and anr.
Court: Allahabad
Decided on: Apr-21-1952
Reported in: AIR1953All167
Sapru, J. 1. This appeal has been presented to this Court by Shri Zahid Husain who was one of the defendants in the suit for a declaration that the order and judgment dated 25th May 1946 of the Additional Commissioner, Bareilly Division, and all tne proceedings in connection with the election petition so far as they relate to the plaintiff were 'ultra vires' and null and void. Included in the reliefs prayed for in the suit was a prayer for an injunction to restrain the defendants from executing the decree awarded by the election tribunal. The plaintiff, Shri Hamid Uddin, is a pleader practising in Moradabad. In 1945 municipal elections were held in that city. For the two Muslim seats in Ward No. 4 about a dozen candidates offered themselves for election. Of those candidates, the plaintiff and Ahmad Ullah were declared successful. Thereafter, the defeated candidates, namely, Shri Pir Bux and Shri Zahid Husain, presented a joint election petition against the plaintiff and Ahmad Ullah to ...
Mst. Jaini and ors. Vs. Ram Prasad
Court: Allahabad
Decided on: Apr-21-1952
Reported in: AIR1952All852
Malik, C.J.1. This is a defendants' appeal against a decision of the Civil Judge of Lucknow partly allowing an appeal against the decree passed by a Munsif.2. One Nanku, who is now dead and is represented by his legal representatives, filed a suit against the defendants-appellants on the ground, that the property in dispute belonged to Bhau, who was the last male owner. Bhau died in 1923, and was succeeded by his widow Srimati Lachmin. Lachmin died on 21-6-1944. She had a brother, Kusher, whose widow is Jaini. Kusher had two sons Gur Prasad and Ganga Prasad. Jaini, Gur Prasad and Ganga Prasad are defendants 1, 2 and 3. The plaintiff claimed that on the death of Lachmin in 1944, he, as the brother's son of Bhau, became entitled to the entire property as the next reversionary heir. The property in suit consisted of a house and a gonda on plot No. 763, a courtyard with certain trees and a well which were in plot No. 762 and tenancy plot No. 2909 with an area of 16 biswas. The trial Court ...
Ram Ratan Tewari Vs. Jagdat Tewari
Court: Allahabad
Decided on: Apr-21-1952
Reported in: AIR1952All854
Malik, C.J.1. The property in question consisted of certain tenancy plots which were in the possession of one Kesho Ram, who died in 1894. Neither in the judgment of the learned single Judge nor in the judgment of the lower appellate Court the year of death was mentioned. The lower appellate Court had said that Kesho Ram had died long before 1921, and the learned single Judge has said that he had died before 1921. The year of Kesho Ram's death is, however, of some importance. On 25-3-1944, learned counsel for the plaintiff made the following statement :'Plaintiff's counsel further states that Kesho Ram, husband of Mt. Phulesra, was the tenant of the land in suit and on his death the tenancy devolved on his widow Mt. Phulesra, as life estate holder and Kesho Ram died some 50 years back. Phulesra did not enter into any new contract of tenancy.'So working it backwards death of Kesho Ram may be assumed to have taken place about 1894. It is admitted that Kesho Ram was an ordinary tenant, wh...
Ram Charan Lal Vs. the State of Uttar Pradesh
Court: Allahabad
Decided on: Apr-18-1952
Reported in: AIR1952All752
Agarwala, J.1. This is an application praying that writ in the nature of certiorari may be issued to the opposite party to bring up the record of the proceedings in the Land Acquisition Case No. 174 dated the 31st August 1950 and to quash the order of the Government dated the 16th March 1950, Notification No. 122/XI-A-4M-49.2. The petitioner is the owner of plots Nos. 11 and 10 Minjumla measuring 0.933 acres of a garden land in Mohalla Dewan Daya Ram, Gorakhpur city. The U. P. Government published Notification No. 4221/XI-4 M-49, dated 28-6-1949 under Section 4(1), Land Acquisition Act, to the effect that 0.225 acres out of the petitioner's aforesaid land was needed for public purpose, viz. for the construction of a public latrine. The petitioner by means of an application dated the 26-7-1949 filed an objection before the Collector to the acquisition of land upon various grounds which are not necessary to be detailed here. These objections were under Section 5-A, Land Acquisition Act, ...
Mohd. Ishaq and anr. Vs. Administrator Municipality of Lucknow the Exe ...
Court: Allahabad
Decided on: Apr-18-1952
Reported in: AIR1952All849
Malik, C.J.1. Sm. Batulan filed a suit against the Municipal Board, Lucknow, for a permanent mandatory injunction prohibiting the defendants from demolishing a staircase appurtenant to a house mentioned in the plaint.2. Batulan died during the pendency of this appeal and her legal representatives have now been brought on the record. The plaintiff had a house in Aminabad and it was the plaintiff's contention that in certain circumstances detailed in the plaint she had constructed a staircase. A notice was given by the Executive Officer, Municipal Board, Lucknow, to the husband of the plaintiff on 17-11-1942 that the construction having been built without permission it was liable to demolition and directing that the constructions be demolished within three days.It was further mentioned in the notice that an appeal could be filed before the Municipal Board, within the period allowed, in case it was urged that the constructions were not liable to demolition. The husband of the plaintiff fi...
Satya NaraIn and ors. Vs. the State
Court: Allahabad
Decided on: Apr-17-1952
Reported in: AIR1953All385
Mushtaq Ahmad, J.1. Satya Narain, Shakur, Shyam Behari, Earn Abhilakh Sami Ullah, Earn Behari, Mohammad Eaza, Sant Ram, and Mt. Naozadi (on bail) appeal against their conviction and sentences passed by the learned Sessions Judge of Jaunpur. The first eight of the appellants were convicted under s, 396 and sentenced each to transportation for life, Earn Abhilakh, appellant 4, being also convicted under Section 19 (f), Arms Act, and sentenced to one year's rigorous imprisonment, and the last appellant, who is the mother of Ram Abhilakh, appellant 4, was con. victed under 9. 412, I. P. C., and sentenced to four years' rigorous imprisonment. There were ten other persons also charged under either on both of these sections, but they were all acquitted.2. The occurrence which became the subject of the charge had taken place on the night between 1st and 2nd of March 1949, at village Bhilampur, seven miles from the police station Sujanganj, district Jaunpur. As a result of what happened one Jag...
- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »