Allahabad Court August 1952 Judgments
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Pashupati Pratap Singh Vs. Chairman, District Board, Gonda and ors.
Court: Allahabad
Decided on: Aug-04-1952
Reported in: AIR1953All104
Malik, C.J. 1. This is a plaintiffs' appeal which had been dismissed by a learned single Judge on the plea of limitation. The river Eapti separates Gonda and Basti districts and on the banks of the river there are numerous ghats from which ferries operate. On the Basti side of the river there is a ghat known as Befcnar Ghat, the exclusive ferry rights to which were admittedly granted to plaintiff 1, the Raja of Bansi by the Government. Just opposite Beinar Ghat on the Gonda side there is Materia ghat which was declared by the Government as a public ferry several years ago. On the same side there is Jigna Ghat. From Betnar Ghat on the opposite side of the river a ferry was operated by Abdul Khalik as a Thekedar of Raja Bahadur Pashupati Pratap Singh of Bansi. In the year 1938 the District Board began to operate a ferry from Jigna Ghat to Betnar Ghat. The plaintiffs claimed that this was an infringement of their right and a notice under Section 192, District Boards Act (Act 10 of 1922), ...
Sanwal Das and ors. Vs. Dargah Sayed Shah Bazid Handi Mauquf and ors.
Court: Allahabad
Decided on: Aug-01-1952
Reported in: AIR1953All61
Bind Basni Prasad, J.1. Today in the course of arguments learned counsel for the appellants made the following statement :'The land on which stands the three storied house No. 596/1 to 3 with two shops bounded as below : East--Shop No. 590/10 etc.,West--Land of the Dargah,North--House No. 595,South-- Drummond Road, which property is described as item No. 9 in the written statement filed on behalf of the Dargah in Case No. 784 of 1936 before the Special Judge, 1st Grade, Agra, belongs to the Dargah, the landlord-applicant and the rights of creditors 1 to 8 in respect of that land are that of licensees and they are holding the land as licensees having built on it as licensees.'Learned counsel for the respondent made the following statement:'In view of the fact that no lease was executed by the owner in favour of Sukhdeo, I concede that the position of Sukhdeo and his legal representatives, which expression includes creditors Nos. 1 to 8 (appellants in the appeal) is that of a licensee an...
Ganga Prasad Vs. the State
Court: Allahabad
Decided on: Aug-01-1952
Reported in: AIR1953All334
ORDERV. Bhargava, J.1. This revision has been filed by one Ganga Prasad who was convicted by a Magistrate of the first class for offences punishable under 8. 523, Penal Code and Section 121, Railways Act, and sentenced to two months' rigorous imprisonment for the former and to a fine of rs. 50, for the latter offence. In default of the payment of fine, he was to undergo simple imprisonment for one month. Ganga Prasad appealed before the learned Sessions Judge who set aside the conviction and sentence of Ganga Prasad appellant for the offence punishable under Section 121, Railways Act, but upheld his conviction and sentence for the offence punishable under Section 323, Penal Code.2. Learned counsel has urged that once the learned Sessions Judge had set aside the conviction of the appellant under Section 121, Railways Act, the case became one of which a Panchayati Adalat could have taken cognizance under Section 52, IT. P. Panchayat Raj Act, 1947, and hence the case should have been sent...
Shiam Manohar and ors. Vs. the State
Court: Allahabad
Decided on: Aug-01-1952
Reported in: AIR1953All443
ORDERV. Bhargava, J.1. This revision has been filed by four persons, viz., Shyam. Manohar, Ram Piaro, Ganga Prasad and Ram Kishore, who have been convicted for an offence punishable under Section 7, Essential Supplies (Temporary Powers) Act, 1946, read with Clause (V) of Section 3, U. P. Foodgrains (Movement) Control Order, 1949. Shyam Manohar and Ram Piaro have been sentenced to pay a fine of Rs. 500/- or, in default, to undergo rigorous imprisonment for three months each. Ram Kishore and Ganga Prasad have been sentenced to pay a fine of Rs. 250/- each, or, in Default to undergo six weeks' rigorous imprisonment each. The offence is alleged to have been committed in October 1949.2. The main point, that has been taken by the learned counsel for the applicants in this revision, is that the trial Court wrongly took cognisance of this case as there was no report in writing by a public officer giving facts constituting the offence as required by Section 11, Essential Supplies (Temporary Pow...
Mrs. Josephine Clare Williams Vs. Cecil Walter Williams and E.A. Lyons
Court: Allahabad
Decided on: Aug-01-1952
Reported in: AIR1952All899
Raghubar Dayal, J. 1. This la an application by Mrs. Josephine Clare Williams respondent for the confirmation of the decree for dissolution of marriage passed by the District Judge of Agra against her on the application of her husband on the ground that she and the co-respondent were living in adultery at Agra. 2. We have been through the record and are satisfied that there is no collusion between the petitioner and her husband and that she had been living in adultery with the co-respondent. 3. It was held in Pushong v. Mrs. Pushong : AIR1934All624 S. B. that a respondent, a guilty party, cannot apply for the confirmation of the decree for dissolution of marriage. The view was based on the English practice Since then Section 9, Matrimonial Causes Act, 1937, 1 Edward the Eighth and 1 George the Sixth, adds Sub-section (3) to Section 183 of the principal Act providing thereby that a party against whom a decree nisi has been granted would be at liberty to apply to the Court for confirmati...
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