Allahabad Court October 1953 Judgments
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Kishan Vs. Hafiz Sir Mohd. Ahmad Said Khan
Court: Allahabad
Decided on: Oct-21-1953
Reported in: AIR1954All211
Sapru, J. 1. This appeal is directed against the judgment and decree dated the 22nd March, 1945 of a learned single Judge of this Court.2. The facts which have given rise to this appeal may be stated shortly. The plaintiff-respondent is the proprietor of a village of which the defendant is a resident. The defendant-appellant is a weaver, being a Koli by caste. The plaintiff-respondent's case was that he was entitled to recover from the defendant-appellant a sum of Rs. 3/- as parjaut for a period of three years. The case as put forward by the plaintiff-respondent was that the defendant-appellant, being a Koli by caste, was carrying on weaving work in the village, that in connection with that work there exists a garha or a loom inside his house and that in accordance with the custom as recorded in the wajib-ul-arz the plaintiff-respondent was entitled to claim a sum of Re. 1/- a year as parjaut for the use of the land on which the garha exists.3. The suit was resisted by the defendant-ap...
Aijaz HussaIn Vs. Hans Raj
Court: Allahabad
Decided on: Oct-21-1953
Reported in: AIR1954All221
ORDERMalik, C.J. 1. These Civil Revisions arise out of four suits brought by different plaintiffs agasnst a common defendant and have been filed on behalf of the defendant for assessment of a reasonable rent under Section 5(4), U. P. (Temporary) Control of Rent and Eviction Act (3 of 1947). 2. The plaintiffs were refugees from Pakistan who came to Meerut in the winter of 1947-48. They were without shelter and were staying at the railway station. The defendant offered to let out some accommodation to the plaintiffs, which the plaintiffs accepted on the terms proposed. After the Control of Rent and Eviction Act was passed the plaintiffs filed the suits, out of which these revisions have arisen, for assessment of reasonable rent. The lower court has found that the agreements were unfair and has fixed a reasonable rent for the accommodation in possession of the plaintiffs. Learned counsel has challenged the finding as regards the unfairness of the transaction on the ground that the mere fa...
Chhedi Lal and ors. Vs. Director of Election for Local Bodies, Govt. o ...
Court: Allahabad
Decided on: Oct-20-1953
Reported in: AIR1954All210
Raghubar Dayal, J. 1. This is an application under Article 226 of the Constitution praying for the issue of directions to the opposite-parties to amend the Electoral Rolls by including the names of the applicants and other persons who are eligible to be on the list of voters in the Electoral Rolls of the Town Area of Zafrabad for the year 1953 and also to issue a direction to consider the claims and objections of the applicants without demanding a fee of Rs. 10. In brief, the grievance of the applicants, who are 8 in number, is that they are qualified to be voters for the Town Area elections of the Town Area, Zafrabad, that their names were omitted from the Electoral Rolls published in September 1953 that when they wanted to file claims tor the inclusion of their names they were asked to deposit Rs. 10 along with each claim and that the rule requiring the deposit of such an amount, in fact, took away the right of voting which they possessed. The relevant provision is proviso to para. 8...
Mohammad Illayas Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Oct-20-1953
Reported in: AIR1954All225
ORDERDesai, J.1. These are two applications in revision against an order passed by the Sessions Judge of Saharanpur dismissing the applicants' appeal under Section 476-B, Cr, P. C. on the ground that they were barred by time.2. In proceedings under Section 476 of the Code of Criminal Procedure a Magistrate found on 27-9-1950 that it was expedient in the interests of justice to file a complaint for the offence of Section 193, I. P. C. which appeared to have been committed by them, what the learned Magistrate actually did was to write that he had seen the file and heard counsel for the parties, that a 'prima facie' case under Section 476 read with Section 195, Cr. P. C. was made out and that a complaint would be made against the applicants for their prosecution under Section 193, etc. On the same date he made a complaint against them and it was sent to a court of competent jurisdiction.The applicants filed an appeal under Section 476-B, Cr. P. C. against the finding of the learned Magist...
Faiyaz Khan Vs. Mithan
Court: Allahabad
Decided on: Oct-13-1953
Reported in: AIR1954All222
Mootham, J.1. This is a defendant's appeal from an order of the Civil Judge, Agra.2. The 29th February 1952, was fixed by the Civil Judge for the hearing of a suit in which the present respondent was the plaintiff and the present appellant the defendant. On that date counsel for the defendant applied for an adjournment as the defendant was not present and the hearing was adjourned to the 14th March. On the adjourned date the defendant was absent and his counsel stated that he had no instructions, whereupon counsel for the plaintiff asked the court to proceed to decide the suit under Order 17 Rule 3. The court purported to do so; it recorded the evidence of the plaintiff and two witnesses, delivered judgment in favour of the plaintiff and a decree xvas subsequently drawn up in accordance with the terms of the judgment.3. One month later, on the 14 April, the defendant applied to the court for the decree to be set aside under Order 9 Rule 13. This application was dismissed by the learned...
Mst. Sudama Devi and anr. Vs. Ram Kishun Lal and anr.
Court: Allahabad
Decided on: Oct-13-1953
Reported in: AIR1954All348
V. Bhargava, J. 1. This second appeal arises out of a suit for recovery of money. The plaintiff-appellant is the legal representative of one Mukta Prasad. On the 30th September, 1918, Hubdar Khan, grandfather of defendant No. 3 mortgaged certain property to Mukta Prasad. On the 18th November, 1926, Fateh Mohammad son of HabdarKhan and father of defendant No. 3 executed a deed of further charge in favour of Mukta Prasad. In 1929 the same Fateh Mohammad executed a promissory note in favour of Mukta Prasad. On the basis of this promissory note, a suit was filed by Mukta Prasad against Fateh Mohammad in the year 1932 and a simple money decree was passed on the 6th May, 1932. On the 18th September, 1933 Fateh Mohammad sold his entire property to the respondents and in the deed of sale left the money in the hands of the respondents to pay off the debts due to Mukta Prasad. The present suit was brought by Mukta Prasad on the 27th September, 1945, with a prayer that a decree be passed in his f...
Prem Shankar Vs. State
Court: Allahabad
Decided on: Oct-12-1953
Reported in: AIR1954All342
ORDERDesai, J. 1. The applicant, who has been convictedunder Section 60(a) of the Excise Act, challenges the conviction on the ground that the Magistrate took cognizance of the offence said to have been committed by him on a report made by a station officer of a police station in contravention of the provisions of Section 20 of the Police Act. Under Section 70 of the U. P. Excise Act, no Magistrate can take cognizance of an offence punishable under Section 60 'except.....on the complaintor report of an Excise Officer.' An Excise Officer is denned in Section 3(2) to mean 'any officer or person appointed or invested with powers under Section 10.' Section 10 authorises the State Government to empower officers and persons to perform certain acts and duties. The State Government has, in exercise of that power, conferred powers upon station officers in charge of police stations some of the powers mentioned in Section 10.Accordingly a station officer in charge of a police station is an excise...
Chet Ram and ors. Vs. Manzoor Hasan and anr.
Court: Allahabad
Decided on: Oct-12-1953
Reported in: AIR1954All441
Beg, J.1. This is a defendants' third appeal. It arises out of a suit brought by the plaintiff for possession of a plot appertaining to Ahata No. 957 situate in Mohalla Kashif Ali Sarai in the town of Unnao. The plaintiff brought the suit on the allegations that he was the owner of the plot in question, that Dhani Ram. defendant No. 3 was his 'riaya', that the house occupied by Dhani Ram fell into ruins about ten years prior to the suit, that the 'arazi' thereafter became 'parti' and the house was abandoned by Dhani Ram. It was further alleged by the plaintiff that subsequently on 29-3-1945, he had given permission to defendant No. 4 Tara Prasad to put up constructions on the said plot, that Tara Prasad started the work of putting up constructions, that he was resisted by defendants Nos. 1 and 2 on 31-3-1945, who alleged that Dhani Ram was their uncle and they were constructing their own house on the said plot. The unlawful resistance by defendants Nos. 1 and 2 gave rise to the plainti...
Chandra Pal and ors. Vs. State
Court: Allahabad
Decided on: Oct-12-1953
Reported in: AIR1954All684
Randhir Singh, J.1. Chandrapal, Banwari, Chiranji, Malkhan, Debi and Jangi appellants who have been convicted under Section 395 of the Penal Codeand have been sentenced to six years' rigorous imprisonment and a fine of Rs. 100/- and Ram Swarup and Bhola who have been convicted under Section 412 of the Penal Code and sentenced to two years' rigorous imprisonment and a fine of Rs. 50/- by the Additional Sessions Judge of Hardoi, have come up in appeal against their conviction and sentences.2. It appears that a dacoity was committed at the house of one Gokul in village Nawabganj, also known as Bhulbhulaganj, in the district of Hardoi in the small hours of 11-7-1951. Some 20 or 25 persons raided the house of Gokul and inflicted injuries on some persons and looted property. An alarm was raised whereupon the neighbours arrived and the dacoits decamped. First information report was lodged by Gokul on 11-7-1951 at 7-30 A.M. at police outpost Pachdeora, which was at a distance of about 2 miles ...
Shyam Lal Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Oct-10-1953
Reported in: AIR1954All235
Agrwala, J. 1. Shyam Lal, applicant, was a member of the Indian Service of Engineers occupying the post of the Superintending Engineer, VI Circle in the Irrigation Department of the State ot Uttar Pradesh. He was promoted to the rank of Superintending Engineer in August 1944 and was holding that post when the dispute in the case, that calls for decision, arose. The applicant passed his Civil Engineering Examination from the Thomason College, Roorkee, in 1922 standing first in his class. He was awarded the Council of India Prize of Rs. 1,000/- for being the best student of the year and a prize of Rs. 250/- for being the best Indian student of the year. He was also awarded the Cautley Gold Medal for the best Engineering design of the year. He was appointed in the Indian Service of Engineers in October 1923 by the Secretary of State for India in Council.At the time of his appointment the applicant was given a letter of appointment by the Secretary of State for India in Council which presc...
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