Allahabad Court February 1953 Judgments
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Mowasi Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Feb-17-1953
Reported in: AIR1953All595
Gurtu, J. 1. This is an application under Article 226 of the Constitution of India. The applicant prays that this Court be pleased to issue a writ in the nature of a writ of 'certiorari' calling for the record of the case and to quash the entire proceedings subsequent to the order dated 27-5-1952 dropping the land acquisition proceedings in respect of the applicant's plots and to direct the opposite parties not to acquire or proceed to acquire the plots belonging to him.2. The applicant averred that he was the hereditary tenant of certain plots of land specified in para. 2 of the affidavit filed on his behalf which were situate in village Gulaothi, Pargana Agauta, district Bulandshahr and that the D, N. Higher Secondary School, opposite party 2, moved to acquire those plots along with two others.3. A preliminary Notification was issued in respect of these plots under Section 7 of the Land Acquisition Act in the State gazette dated 9-3-1951. The applicant filed an objection under Sectio...
Behari and ors. Vs. the State
Court: Allahabad
Decided on: Feb-16-1953
Reported in: AIR1953All510
ORDERDesai, J.1. This is an application in revision by nine men against their conviction and sentences under Sections 147, 148, 325 and 326 read with Section 149, I. P. C.2. On 29-4-1951 at about 5-30 p.m. when Dharmi and Makundi were returning home from a bazar, they were surrounded by the applicants, who were waiting for them, and struck with lathis and spears. Dharmi received 14 injuries and Makundi, 15. Three of Makundi's injuries were caused with sharp-edged and sharp-pointed weapons and the rest were caused with blunt weapons. Among the rest was a contused wound in which there was a fracture of both the bones of the rest forearm. Dharmi also had injuries caused with sharp-edged and blunt weapons; three of his injuries were grievous, one of them was caused with a sharp-edged weapon. There is ample evidence to prove these facts. The courts below did not act improperly or illegally in accenting it and rejecting the defence. The applicants were rightly convicted under Sections 147 or...
Salaried Employees Co-operative Housing Society Ltd. Vs. Registrar, Co ...
Court: Allahabad
Decided on: Feb-13-1953
Reported in: AIR1954All31
Malik, C.J. 1. This writ application has been filed on behalf of the Salaried Employees Cooperative Housing Society Ltd., Mainpuri against the Registrar, Co-operative Societies, Uttar Pradesh and the Mainpuri Co-operative Housing Society Ltd., Mainpuri.2. A piece of land was being acquired at the instance of the petitioner, the Salaried Employees Co-operative Housing Society Ltd. This land was also needed by the opposite, party 2, the Mainpuri Co-operative Housing Society Ltd. and with respect to this land, therefore, there was a dispute between the two Societies. The dispute was referred to an arbitrator, Sri Tirlok Chand, in accordance with the provisions of Rule 115, U. P. Cooperative Societies Rules, 1936. The arbitrator gave his decision on 17-5-1949 and by that award, he wanted to divide the land half and half between the two Societies. The petitioner filed an appeal before the Assistant Registrar in accordance with the provisions of Rule 133 of the said Rules. The Assistant Regi...
Ram Autar Vs. Udaibir Singh and ors.
Court: Allahabad
Decided on: Feb-13-1953
Reported in: AIR1953All498
ORDERHarish Chandra, J. 1. In this case proceedings under Section 145, Criminal P. C., are going on in the Court of a Magistrate. During the course of the proceedings the learned Magistrate passed an order directing that the property in dispute be attached. Against that order of attachment a revision application was filed in the court of the learned Sessions Judge of Aligarh. After that application had been filed before the learned Sessions Judge he passed an order staying attachment. But before this order could be communicated to the station officer of the police station concerned the attachment had taken place. When this fact was brought to the notice of the Sessions Judge, he passed on order that the attachment be released in favour of the person from whose possession the property had been attached and the applicant in the proceedings under Section 145, Criminal P. C. has come to this Court against that order of the learned Sessions Judge. 2. The simple point that arises in this cas...
Beni Ram Moolchand Vs. Commr. of Income Tax, United Provinces, Lucknow
Court: Allahabad
Decided on: Feb-11-1953
Reported in: AIR1954All661; [1954]25ITR287(All)
V. Bhargava, J.1. This is a reference under Section 21 of the Excess Profits Tax Act read with Section 66 (1), Income-tax Act,2. The assessee Beniram Moolchand carries on the business of manufacturing scents and scented oils and of dealing in foreign scents at Kannauj. During the relevant chargeable accounting period, he also held the selling agency for the sale of Sandalwood oil manufactured by the Mysore Government Factory. The agreement of selling agency granted the agency in the joint names of the assessee and another person, Lala Banarasi Das Khattri, who had also a business similar to that of the assessee at Kannauj. This agreement was executed on 1-3-1942, and granted the sole right to the assessee and Lala Banarsi Das Khattri to sell Sandalwood oil manufactured by the Mysore Government in the territory consisting of the United Provinces (now the State of Uttar Pradesh), the Central Provinces (now the State of Madhya Pradesh), Central India (now the State of Vindhya Pradesh), Th...
Raja Ram Vs. Sheo Behari Singh and anr.
Court: Allahabad
Decided on: Feb-10-1953
Reported in: AIR1953All709
Agarwala, J. 1. This is a defendant's special appeal from the judgment of a learned single Judge of this Court. The facts may be briefly stated as follows: 2. Hanwant Singh, plaintiff, who died during the pendency of the appeal before the learned single Judge and is now represented by his son, Sheo Behari Singh and his grandson Maheshar Baksh Singh, was cosharer in patti No. 2 in village Kathwa in which grove plot No. 67 was situated. Ram Ghulam the maternal grandfather of Raja Ram, appellant, was its groveholder. The plaintiff's case was that Ram Ghulam died in 1934 and was succeeded by defendant-appellant who used to live with him, that in 1937 Raja Ram abandoned the grove and went away to live in village Shivpuri which was not owned by the Zemindars and according to the village custom the grove escheated to the zemindars including the plaintiff. On these allegations the plaintiff claimed to recover possession from Raja Ram who was alleged to be a trespasser. 3. Raja Ram's defence wa...
Kundomal Ganga Ram Vs. Topamal Chotamal
Court: Allahabad
Decided on: Feb-10-1953
Reported in: AIR1953All710
V. Bhargava, J. 1. This is a judgment-debtor's appeal arising out of proceedings for execution of a simple money decree for a sum of Rs. 12,140/1/-. The parties to this appeal were original residents of Sind. Some time in 1947, the decree-holder filed Suit No. 533 of 1947 on the original side of the Chief Court of Sind for recovery of money against Firm Kundomal Ganga Ram, and it was alleged that the appellant, Kundomal Ganga Ram, was one of the partners of that firm. In addition, there was an allegation that his four brothers were also partners in the firm and that there was one other partner known as Kodumal. The firm was sued through Kodumal as partner and the service of the summons in the suit was effected on Kodumal. On 8-11-1948, the Chief Court of Sind decreed the plaintiff's suit.Admittedly, by the time the decree was passed in the Chief Court of Sind, the partition of India had come into existence and the decree was passed by a Court in Pakistan which was naturally, at that ti...
Sri Krishna Vs. Baijnath and ors.
Court: Allahabad
Decided on: Feb-10-1953
Reported in: AIR1953All698
ORDERDesai, J. 1. This is an application for transfer of a case pending against the opposite party under Section 302, Penal Code in the Court of the 2nd Additional Sessions Judge, Bareilly.2. The opposite party is said to have committed the murder of Raghunandan Prasad, who was the brother of the applicant.3. The applicant wrote out the first information report of the occurrence and sent it to the police station with Raghunandan Prasad. Raghu-nandan Prasad was conscious when he reached the police station. The police investigated the matter and prosecuted the opposite party under Section 302, Penal Code.4. The applicant wants the case to be transferred to another Court on the ground that he does not expect a fair and impartial trial in the Court of the learned Additional Sessions Judge.When the application came up for hearing first, I was informed by the State counsel that he had no instruction either to support or to oppose it. The hearing was adjourned and when it came up again, the S...
Kamla Vs. State Through Ram Bahal
Court: Allahabad
Decided on: Feb-06-1953
Reported in: AIR1953All523
Agarwala, J.1. This is a revision arising out of proceedings under Section 133, Criminal P. C. Ram Bahal Tewari complained that the applicant Kamla and others had constructed a drain and a cesspool on a public thoroughfareand thus narrowed and obstructed the passage through which carts and lorries used to pass. A notice under Section 133, Criminal P. C. was issued by the Sub-divisional Officer of Deoria to the applicant and others on which, they filed an objection that there was no public thoroughfare at all at the place in question.Under the provisions of Section 139A, Criminal P. C. the Magistrate is required to hold an enquiry whether there is reliable evidence in support of the denial of the existence of public way. The learned Sub-divisional Magistrate accordingly held a preliminary enquiry as directed by that section. It is admitted before us by learned counsel appearing for the applicant that the only evidence which the applicant could produce before the learned Sub-divisional M...
FakharuddIn Vs. Mt. Hamidan
Court: Allahabad
Decided on: Feb-06-1953
Reported in: AIR1953All571
Agarwala, J. 1. This is a defendant's appeal arising out of a suit for dissolution of marriage under the Dissolution of Muslim Marriages Act (8 of 1939). The respondent, Srimati Hamidan, sued the appellant for dissolution of her marriage alleging that the defendant was given to gambling and prostitution, that he habitually maltreated her, that he failed to maintain her for two years before suit and lastly that he failed to perform his marital obligations towards her within the last three years. The defendant denied that he was given to gambling or prostitution or that he maltreated her. He pleaded that the plaintiff-respondent had herself left his house and gone to live with her mother and thereafter refused to come back to him, and, therefore, he was not bound to maintain her and that for the same reason he was prevented from performing his marital obligations towards her 2. The defence was accepted by the learned Munsif and the suit was dismissed. On appeal, the lower appellate Court...
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