Allahabad Court April 1952 Judgments
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G.P. Singh Vs. the Faculty of Law, University of Allahabad and anr.
Court: Allahabad
Decided on: Apr-15-1952
Reported in: AIR1953All6
Raghubar Dayal, J. 1. This is an application by G.P. Singh for the issue of a writ of mandamus commanding the Faculty of Law of the University of Allahabad and the University of Allahabad to accept the recommendations of the majority of examiners for the award of the degree of Doctor of Laws of the University of Allahabad to the applicant on his thesis for the same.2-3. The facts leading to this application are as follows:The application of the applicant for permission to supplicate for the degree of LL. D. was placed before the Faculty of Law on 19-10-1946. The Faculty granted the permission, approved the subject for the thesis and passed a resolution appointing a Committee of three persons to value his thesis. The applicant submitted his thesis to the Registrar in October 1947 for the award of the degree of Doctor of Laws.4 On 18-12-1946 the Academic Council of the University resolved requesting the Faculty of Law to consider the revision of the Ordinances relating to the degree of D...
Ganesh Das Ram Gopal Vs. the Government of the State of Uttar Pradesh ...
Court: Allahabad
Decided on: Apr-15-1952
Reported in: AIR1952All992; (1953)IILLJ1All
Bind Basni Prasad, J.1. This is an application under Article 226 of the Constitution by a proprietor of an industrial establishment directed against the State of Uttar Pradesh, the Additional Regional Conciliation Officer, Lucknow, and one Ramdeo who was once an employee of the applicant.2. The relevant facts are as follows: The applicant carries on business of manufacturing iron and steel material and other finished products and owns a workshop in Hazratganj, Lucknow, and in that connection employed a number of workmen. Ramdeo was appointed a peon in the Stores Department on or about 28-7-1948. It is alleged that on 10-1-1951 Ramdeo absented himself from duty, after half time. A charge-sheet was served upon him on 11-1-1951. Another charge-sheet of misconduct was served upon him on 18-1-1951. Ramdeo took leave on medical grounds on 19-1-1951. On 19-1-1951 the applicant sought for permission from the Regional Conciliation Officer to dismiss Ramdeo. This was necessary because another di...
Abdur Rashid Khan and ors. Vs. the State
Court: Allahabad
Decided on: Apr-14-1952
Reported in: AIR1953All315
ORDERKidwai, J.1. At about 5 P.M., on 25-3-1951, an incident took place as a result of the cutting of the breach of tamarind tree which resulted in injuries being caused to Suleman. A report was made of the incident the next day at the kotwali Eae Bareli. After investigations the applicants and eight other persons were prosecuted under Sections 147 and 323 read with Section 149, Penal Code. The applicants were, however, convicted by the Magistrate and the other eight persons were acquitted. The applicants appealed but the learned Sessions Judge upheld their conviction. They have come up in revision.2. The first point taken is that the evidence produced on behalf of the prosecution is partisan and should not be believed. The evidence has been believed by the two Courts. The mere fact that it is partisan does not mean that it is perjured and even partisans may deliver the truth on oath. The Courts below having believed the evidence and there being nothing inherently improbable in the acc...
Shakir Khan Vs. the State
Court: Allahabad
Decided on: Apr-14-1952
Reported in: AIR1953All349
ORDERKidwai, J. 1. Proceedings were going on under Section 110, Cr. P. C., before Sri. C. K. Verma, S. D. M. Maharajganj, district Rae Bareli. Sri C. K. Verma was transferred on 20-3-1951 and became S. D. M., Rao Bareli. He was succeeded by Sri Vishnu Prakash, before whom, the accused claimed that the witnesses should be recalled. Orders wore passed to this effect on 29-3-1951. On 14-4-1951 Sri Vishnu Prakash recorded the statementsof Ram Ratan and Adhar. Ho was then transferred to some other district and on 4-7-1951 thecase was retransferred to Sri C. K. Verma. Before him the accused applied for resummoning of the witnesses. This application was rejected on 17-7-1951. The accused went in revision but the learned Sessions Judge rejected his application. He has now come up to this Court in revision.2. The matter is governed by Section 350, Criminal P. C., which reads as follows ;'Whenever any Magistrate, after having heard and recorded the whole or any part of the evidence in an enquiry...
Gokaran Vs. the State
Court: Allahabad
Decided on: Apr-09-1952
Reported in: AIR1953All188
ORDERKidwai, J.1. This is a reference made by the learned Sessions Judge of Sitapur for setting aside the conviction of Gokaran who has been convicted under Section 379, I. P. C. and sentenced to a fine of Rs. 20/- for the theft of a 'razai'.2. Birbal, Gokaran, Sahu and Bhallar were the four persons originally charged. All except Gokaran have been acquitted. The learned. Magistrate tried the case because according to him Bhallar had been previously convicted and consequently by reason of Section 59 of the U. P. Panchayat Raj Act the offence was not triable by a Panchayati Adalat. The learned Sessions Judge was of the opinion that the trial was not beyond the cognizance of the Panchayati Adalat because only one of the accused persons was a previous convict at the most and even with regard to him there was no evidence on the record to show that he was in fact a person who had been convicted to three years or more imprisonment. He was also of the opinion that once the Court had come to th...
Pt. Chandi Prasad Vs. Pt. Sadanand Pathak and ors.
Court: Allahabad
Decided on: Apr-04-1952
Reported in: AIR1952All974
Mushtaq Ahmad, J.1. Both these appeals are by the decree-holder, each arising out of proceedings relating to a separate decree. The decree out of which the appeal first mentioned arose was No. 2331 of 1933 of the Court of Judge Small Causes, Gorakhpur, and the decree out of which the other appeal arose was No. 2128 of the same year and of the same Court. I propose to deal with these appeals together.2. It is necessary, for introducing the pointsin controversy, to set forth a few facts. 3. On 30th August 1933, the decree No. 2331 of 1933 was passed by the Court already mentioned. On 16th October 1933, the decree-holder made his first application for execution to the Small Cause Court, and on the same date an order was passed transferring the execution case to the Court of Munsif, Bansgaon, where an execution case relating to another decree No. 1142 of 1933 of the Court of Small Causes Gorakhpur was already pending. On 17th September 1941 the appellant made a statement before the Munsif,...
Ali Shabber and ors. Vs. Haider Husain
Court: Allahabad
Decided on: Apr-02-1952
Reported in: AIR1953All49
Kidwai, J. 1. On 2nd August 1950, Haider Husain applied under Section 145, Criminal P. C. claiming that plot No. 639 of village Manni Khera was included in a wakf Alalaulad executed by his father Mujtaba Husain, was looking after the wakf properties and that the opposite parties in the case,namely Ali, Nazoo, Bhabhooti and Hoshey had raised a dispute with regard to the possession of the plot by cutting some trees and uprooting the mash crop. He, therefore, prayed for action under Section 145, Criminal P. C. A Police report was called for and in it it is stated that there was dispute with regard to the property in question and some reports have been made with regard to the matter. A breach of the peace might possibly occur and an eye was kept upon the situation. It was prayed that attachment of the property might be ordered. On 7th August 1950, the Magistrate passed a preliminary order under Section 145, Clause (1), Criminal P. C., and directed the property to be attached.2. 'Written st...
Karam Chand Thapar and Bros. Ltd. Vs. Dr. Vijay Anand and ors.
Court: Allahabad
Decided on: Apr-02-1952
Reported in: AIR1952All699
Bind Basni Prasad, J. 1. This is an application under Article 226 of the Constitution for a writ of mandamus or alternatively for writs of certiorari and prohibition arising under the following circumstances:2. The applicants are a firm of traders having their Head Office at Calcutta. They were the tenants of opposite party No. 1, the Maharajkumar of Vizianagram, in the premises bearing Municipal No. S17/328 situated at Station Road in Banaras Cantonment and in these premises they carried on the business of the sale of petrol. They had also an automobile servicing station in these premises. The tenancy started in 1938 when a lease for a term of five years was made in favour of the applicants by the Maharajkumar on a monthly rent of Rs. 40/-. There was an option of renewal in the deed of lease and such renewals, took place from time to time. The lease ended on the 31st May, 1951 and at that time the premises were held by the applicants on a monthly rent of Rs. 120/-. On the 21st April, ...
Mrs. A. Cracknell Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Apr-02-1952
Reported in: AIR1952All746
Bind Basni Prasad, J. 1. This is an application under Article 226 of the Constitution by one Mrs. A. Cracknell directed against the State of Uttar Pradesh, the Collector of Meerut and the Court of Wards arising under the following circumstances. 2. The petitioner is the owner of what was formerly known as Dasna estate comprising of about twenty three thousand bighas in the district of Meerut spread over nine villages. Her complaint is that 'without any notice, warning or any opportunity to show cause, and without any hearing or any reference of any kind whatsoever to the petitioner, the Court of Wards, at the instance of the Collector, Meerut, assumed superintendence of her estate on the morning of 5th September, 1951.' The notification dated 10-9-1951 published in the U. P. Gazette dated 15-9-1951 in Part I-A at page 601 shows that the superintendence of the estate has been taken over under Clause (b) of Sub-section (1) of Section 8, U. P. Court of Wards Act, 1912. The petitioner's su...
S. Darshan Lal Vs. Dr. R.E.S. Dalliwall and anr.
Court: Allahabad
Decided on: Apr-02-1952
Reported in: AIR1952All825
Agarwala, J,1. This is an application in revision against an order of the District Judge of Saharanpur refusing to discharge the applicant from his office of trusteeship.2. One Mr. H.B.S. Dalliwal, a barrister, residing at Mussoorie and owning considerable property at that place executed two deeds of trust, one on 21-4-1921 and the other on 25-6-1921. On 8-5-1926 he executed a will in respect of some other properties. Mr. Dalliwal died on 12-5-1926. The trustees of the trust deeds and the executors of the will appointed by him did not agree to act and, therefore, the District Judge appointed the applicant, Sri S. Darshan Lal, Barrister-at-law of Dehra Dun, as the sole trustee of the properties by his order dated 19-8-1926. One of the beneficiaries under the trust deeds and the will was Mrs. E.B. Dalliwal, while the two sons of Mr. Dalliwal, Roy and Kenneth, were the other two beneficiaries. Mrs. Dalliwal died on 22-10-1944.On 29-1-1947 the opposite parties, the two sons of Mr. Dalliwal...
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