Allahabad Court January 1953 Judgments
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Ramji Das and ors. Vs. S. Mohammad Laiq and ors.
Court: Allahabad
Decided on: Jan-19-1953
Reported in: AIR1953All461
Malik, C.J.1. These two appeals have been filed on behalf of the decree-holders against the order of the learned Single Judge by which he allowed two execution appsals pending in this Court.2. In the year 1929, one Mir Muzaffar Husain had borrowed some money on the basis of a promissory note. A suit for the recovery of the money was filed and a decree obtained on 17-11-1931 for a sum of Rs. 765/4/- plus costs and interest. On 21-1-1932 Mir Muzaffar Husain died leaving 12 persens as heirs and legal representatives. In August 1932, the decree-holders filed an application for execution and for bringing the names of the legal representatives of the deceased judgment-debtor on the record. This application was granted but ultimately the execution application was not proceeded with and it was consigned to the record room. This order is dated 22-12-1932. On 13-7-1935 a second application for execution was filed but as the judgment-debtors were agriculturists, this application also could not be...
Sm. Ram Piari and ors. Vs. Ram AdhIn and ors.
Court: Allahabad
Decided on: Jan-16-1953
Reported in: AIR1953All472
Sapru, J. 1. This application in revision has been referred to this Bench by a learned single Judge of this Court because, as we shall show hereinafter, this case raises a question on which there is a conflict of opinion in this Court. 2. This revision arises in the following circumstances. The plaintiffs presented an application under Section 12, Agriculturists' Relief Act for redemption of certain zamindari property mortgaged by their predecessor-in-interest. They impleaded in this application one, Ram Adhin, who is now dead and is represented in this revision by his heirs and legal representatives, as a person who they alleged had been put up fictitiously by the mortgagee and who pleaded that he was a tenant of the land in his own right and not a person put up fictitiously by the mortgagee. The trial Court framed lour issues and decreed the suit holding that a sum of Rs. 1660/- was due from the mortgagors to the mortgagee & that, on payment of that sum, the mortgagors would be entit...
State Vs. Gulab Singh and ors.
Court: Allahabad
Decided on: Jan-16-1953
Reported in: AIR1953All483
Agarwala, J.1. These are two cases, one is an appeal by the Government against the acquittal of the respondents who were prosecuted under Section 3(iv), U.P. Removal of Social Disabilities Act, 1,947, and the other is a reference by the District Magistrate, Garhwal, for the enhancement of the sentence imposed on one Bhajan Singh under Section 3(iv) of the said Act. Section 3 referred to above lays down :'No person shall, notwithstanding anything contained in any instrument or any custom or usage to the contrary ...... (iv) make a bride or bridegroom belonging to a scheduled caste, alight from a dola-palki at any public place, road or pathway or prevent such dola-palki from passing through any such place, road or pathway ......'2. One Gopal Singh, a shilpkar, belonging to a scheduled caste, resident of village Rain, was to be married to Smt. Darshani, sister of Thep Lal, in village Gwar, Patti Chalansyun, in the Garhwal district, on 7-5-1950. On 3-5-1950, Gopal Singh's brother, Bharosey...
Kanpur Mazdur Congress Vs. J.K. Spinning and Weaving Mills Co. Ltd., K ...
Court: Allahabad
Decided on: Jan-16-1953
Reported in: AIR1953All495; (1953)IILLJ743All
ORDER1. This is a Writ application under Article 226 of the Constitution against an order of the Labour Appellate Tribunal dated 19-5-52. The application is a belated one and even on that account we were inclined to dismiss it. We are, however, of the opinion that even on the merits the application has no force. 2. One Lalta Prasad was employed as aweaver in the firm of the opposite party No. 1.He was paid wages according to the yardagewoven by him. To get more wages than theamount of work done by him entitled him to,he used certain fraudulent methods which weredetected in September, 1950. The managementafter making proper enquiries dismissed him.There was an appeal filed before the RegionalConciliation Board which came to, the conclusion that Lalta Prasad had been guilty of misconduct and that his previous record had alsonot been satisfactory. The Regional Conciliation Board was, therefore, of the opinion thathe was rightly dismissed. It was against theorder of the Regional Conciliati...
Maqbulunissa and ors. Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: Jan-14-1953
Reported in: AIR1953All477
Sapru, J. 1. This application which has been presented to this Court under Article 226 of the Constitution, has been referred to the Full Bench by two learned Judges of this Court by their reference order dated 15th September 1952. 2. The applicants, who number four persons, namely, Shrimati Maqbul-un-nisa, Razia Begum, Iqbal Ahmad and Sarkar Ali have applied to this Court for a writ in the nature of 'mandamus' or alternatively for directions or orders directing the opposite parties to forbear from giving effect to the order asking the petitioners to leave India or getting their order executed by their subordinate officers. The question is whether the relief of the nature claimed by the applicants should be granted in this case. 3. A few facts may be given shortly. Akhtar All left India for Pakistan in 1947. He wanted his wife, Razia Begum, who is applicant No. 2 before us, to accompany him to that country. After some hesitation, she decided to go with her husband to Pakistan. Maqtaul-...
Lachhman Das Vs. Rent Control and Eviction Officer, Bareilly and anr.
Court: Allahabad
Decided on: Jan-13-1953
Reported in: AIR1953All458
Agarwala, J. 1. This is an application praying that the order of allotment of a shop situate in Mohalla Shahamatganj in the city of Bareilly, made by the Rent Control and Eviction Officer on 12-9-1951, in favour of Krishna Kumar, opposite party 2, be quashed. The facts briefly stated are as follows :The shop in dispute is a tin shed with wooden structures. It is on a plot -of land which along with three other shops and a go-down is owned by several persons. Two of these co-sharers, viz., Naqshe Ali and Mashooq Ali were admittedly occupying the disputed shop and were carrying on Kirana business. It appears that they suspended their business sometime in July or August 1951. Several persons came forward to get an allotment of the shop in the expectation that Naqshe Ali and Mashooq Ali would vacate it. The first person to come forward was one Kalloomal. He made an application for allotment with the concurrence of Naqshe Ali and Mashooq Ali on 4-8-1951. On 21-8-1951, Lachman Das applicant a...
Ram Dhyan Singh Vs. State
Court: Allahabad
Decided on: Jan-13-1953
Reported in: AIR1953All470
Agarwala, J. 1. This is a revision application against the conviction of the applicant under Section 161, I.P.C., and a sentence of one year's rigorous imprisonment and a fine of Rs. 200/-. The facts, briefly stated, are as follows :2. The applicant was a cloth Inspector in the Supply Department at Basti towards the end of 1947. He was a temporary hand whose services were to terminate on 31-3-1948. The case for the prosecution was that certain persons applied for licenses for salt shops and the applications were sent to the applicant for report. The people applying for licenses went to the applicant for licenses, but the applicant demanded a bribe of Rs. 25/- from each one of the persons who wanted a license. Certain persons resolved among themselves not to pay the bribe, but one of them, later, backed out, paid the bribe and got the license. On learning this, the others consulted a vakil and approached the District Magistrate who initialled currency notes worth Rs. 75/- and sent them ...
Kaushalendra Pratap Sahi Vs. Sen and Sanyal
Court: Allahabad
Decided on: Jan-13-1953
Reported in: AIR1953All588
V. Bhargava, J.1. This is a judgment-debtor's appeal arising out of proceedings for execution of a decree. The decree sought to be executed was passed in a suit filed by the respondent against the appellant and one other person J. P. Sahi for recovery of a sum of Rs. 22,765/- in the Court of the Civil Judge of Sultaiipur. The suit was dismissed by the Civil Judge and an appeal was filed by the present respondent in the erstwhile Chief Court of Avadh. During the pendency of the appeal, on 12-12-1944, counsel for the parties made a statement in Court that parties had come to terms and gave the details of the terms on which the parties had agreed requesting that the appeal may be decided in accordance with those terms. Thereupon the Court ordered that 'in view of the compromise we order that a decree be passed in terms of the compromise'. The terms of the compromise laid down that the suit was to be decreed for a sum of RS. 12000/-against the present appellant alone and the amount was als...
Raghunandan Prasad Vs. Income-tax Commissioner, U.P., Lucknow and anr.
Court: Allahabad
Decided on: Jan-09-1953
Reported in: AIR1953All399
Malik, C.J.1. The petitioner Raghunandan Prasad held a substantive post of Inspector in the Income-tax Department. On 8-11-1941, he was given a chance to officiate as an Income-tax Officer. He continued to officiate as such for several years, but on 12-10-1946, the Commissioner of Income-tax reverted him to his substantive post. This order was communicated to Raghunandau Prasad on 15-10-1946. Against the order of 12-10-1946, Raghunandan Prasad made a representation to the Central Board of Revenue. The Central Board of Revenue passed an order on the recommendation of the Federal Public Service Commission that Raghuuandan Prasad should be given a chance to show cause against the order of reversion and after he has shown cause then only he should be reverted. This order is dated 30-9-1948. The grounds were then set out why Raghunandan Prasad was not deemed fit enough to continue as an Income-tax Officer or confirmed in that post and these grounds were communicated to Raghunandan Prasad wh...
Pheku Chamar and ors. Vs. Harish Chandra and ors.
Court: Allahabad
Decided on: Jan-09-1953
Reported in: AIR1953All406
Chaturvedi, J.1. This is a defendants' appeal arising out of a suit for possession of a piece of land situate in village Mirpur, district Jaunpur.2. The plaintiffs and defendants 53 to 67 form a joint Hindu family and the plaintiffs are the descendants of the defendants mentioned above. These defendants 53 to 67 gave a licence in the year 1937 to defendants 1 to 52 permitting them to make constructions on the land in suit, and defendants 1 to 52 accordingly have made certain constructions. The main defendants are these defendants 1 to 52 and they will be hereinafter referred to as the defendants. The other defendants, namely, defendants 53 to 67, the grantors of the licence, will be referred to as pro forma defendants.3. The plaintiffs' case was that they constitute a joint Hindu family with the pro forma defendants and the property in suit is the joint ancestral property of the plaintiffs. It was alleged that the pro forma defendants had no right to grant a licence of the land in suit...
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