Allahabad Court March 1953 Judgments
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Dwarka Prasad Agarwal Vs. Krishna Chandra and ors.
Court: Allahabad
Decided on: Mar-16-1953
Reported in: AIR1953All600
Chaturvedi, J. 1. This is an application filed by Dwarka Prasad Agarwal for taking contempt proceedings for alleged contempts of Court said to have been committed by the opposite parties. In the application the alleged contempts are said to have been committed on three occasions. The first was an article published in a daily newspaper, known as 'Jagram', on 6-6-1952. The second act of contempt was committed on 8-6-1952 when opposite party No. 2 through Babu Lal, along with certain other persons, sent a resolution passed by the City Congress Committee to the District Magistrate and to the Superintendent of Police. The third contempt was said to have been committed on 9-6-1952 when the opposite parties Nos. 1 and 2 are said to have organized a public meeting at which speeches were delivered. The writing and the printing of the article as well as the passing of the resolution and sending it to the District Magistrate and the Superintendent of Police are not denied on behalf of the opposit...
Raghunandan Lal Vs. Sheodhan Das and ors.
Court: Allahabad
Decided on: Mar-16-1953
Reported in: AIR1953All594
Agarwala, J.1. This is a plaintiff's appeal arising out of a suit for specific performance of a contract.2. Sheodhan Das, defendant 1, and Ballabn Das lather of Janki Das, defendant 2, were brothers & formed a joint Hindu family governed by the Mitakshara. On 24-8-1945 Sheodhan Das entered into an agreement of sale of certain house property with the plaintiff appellant for a sum of Rs. 11250/-. The agreement of sale was executed by Sheodhan Das alone for himself and as agent for Ballabh Das and as a Karta of the family consisting of himself and of his brother. The sale consideration was apparently to be paid in cash. One of the terms of the agreement of sale was that Sheodham would have the sale executed by himself, his brother Ballabh Das and Janki Das, defendant 2. The sale deed was not executed within the stipulated time and Ballabh Das died. Later on, after his death, Sheodhan Das and Janki Das executed a sale deed of the disputed property in favour of Kanhaiya Lal, defendant 3-res...
Soney Lal and anr. Vs. State
Court: Allahabad
Decided on: Mar-16-1953
Reported in: AIR1953All610
Agarwala, J. 1. This in an application for leave to appeal to the Supreme Court against a decision of this Court dismissing the appeal of the applicants against their conviction under Section 325 read with Section 149, I. P. C. The application was not made before, or at the time of, the delivery of judgment as required by Rule 28, Ch. 23 of the Rules of the Court but was made later on. The application is liable to be dismissed on the ground that it has not been made in accordance with the aforesaid rule. But it is contended by learned counsel that the rule itself is 'ultra vires.' We are not prepared to accept this contention. 2. Rule 28, Ch. 23 of the Rules of the Court provides: 'An application for a certificate under Article 132(1) or 134(1)(c) of the Constitution in a Criminal proceeding shall be made to the Court orally or in writing before or at the time when any judgment, final order or sentence is passed. The Court shall thereupon record an order granting or refusing to grant s...
Har Murat Vs. the State
Court: Allahabad
Decided on: Mar-13-1953
Reported in: AIR1953All545
Desai, J. 1. This is an application by Har Murat in revision against his conviction and sentence under Section 7, Essential Supplies (Temporary Powers) Act, 1946, for infringement of Clause 3 (IX) at the U. P. Foodgraim Movement Control Order, 1949 There Is no controversy about the facts; it has been proved that the applicant drove a motor truck containing twenty-four bags of rice from village Gharawal to village Malvan, both places being within Mirzapur district, on 5-4-50. By. that act the applicant did not contravene Clause 3 (ix) of the Foodgrains Movement Control Order. Clause 3 (ix) of the Order does not contain any mandatory provision; it only mentions a saving provision. It is therefore meaning-less to talk of contravention of the provision of Clause 3 (ix). Really it is Clause 3 (vii) that the applicant is said to have infringed. That provision is to the effect that'no person shall carry....by rail nor motor vehicle any of the foodgrains mentioned in column 1 of .....Schedule ...
Hazari Lal Vs. Kanhaiya Lal
Court: Allahabad
Decided on: Mar-13-1953
Reported in: AIR1953All686
Malik, C.J.1. This is an appeal against the judgment of a learned single Judge of this Court and the point raised relates to the interpretation of the provisions of the U. P. Control cf Rent and Eviction Act, 1947. This Act received the assent of the Governor General on 28-2-1947, under Section 76 of the Government of India Act, 1935, and was published in the United Provinces Government Gazette, Extraordinary, on the 1st of March, 1947. Section 1(3) of this Act provides that the Act shall be deemed to have come into force on 1-10-1946.2. On 10-5-1947, a suit was filed for ejectment cf the defendant from a shop situate in the town of Raya. It is the common case of the parties that at the time when the suit was filed the U. P. Control of Rent and Eviction Act had not been extended, by notification of the State Government, to apply to the town of Raya. In view of that admission, it is not necessary to deal with the various amendments made to the original Sub-section (2) of Section 1 of th...
Smt. Bimla Devi Vs. Chaturvedi and ors.
Court: Allahabad
Decided on: Mar-12-1953
Reported in: AIR1953All613
Agarwala, J.1. Shrimati Simla Devi, aged 27 years, wife of Bagh Shah, caste Khatri, resident of Deoband Town, District Saharanpur applies under Article 226 of the Constitution of India and prays that a writ in the nature of Habeas Corpus be issued directing the police authorities, arrayed as respondents 1 to 3 to remove the police guard from the petitioner's house and not to interfere with her liberty and to prevent them from arresting or removing the petitioner to any camp or in any way interfere in her liberty of movement.2. The facts of the case are few. The petitioner is a citizen of India. She was formerly a Mohammedan and Known as Razia Khatoon: She was married to one Bidayatullah Butt, Assistant Station Master Nagal, District Saharanpur, who migrated to Pakistan in the disturbances of 1947. The applicant was left behind in India. According to her even before her husband left for Pakistan, he had divorced her and married another lady and in those circumstances, she had sought the...
Mt. Asa Devi Vs. Mt. Champa Devi and ors.
Court: Allahabad
Decided on: Mar-11-1953
Reported in: AIR1953All559
Mukerji, J.1. This is an appeal by a plaintiff in a suit for possession of certain zemindari and house properties which were detailed in extenso at the foot of the plaint. The suit which has given rise to this appeal arose under the following circumstances:2. Rikhi Lal and Raghubans Sahai were two brothers who owned considerable house and zemindari property in the district of Saharanpur; they also owned certain mortgagee rights under two usufructuary mortgage deeds of the value of Rs. 42,000/-. Raghubans Sahai was the first to die; he died some time prior to 1905 leaving behind his son Shambhu Nath as his heir. Rikhi Lal, the other brother, died in 1905 leaving a widow Shrimati Asha Devi who is the plaintiff in this appeal. Rikhi Lal before his death had executed a will in favour of the plaintiff and it was on the basis of this will that she succeeded in getting mutation effected in her name on a moiety share of the family property.3. Disputes, however, arose between Sm. Asha Devi on t...
Dr. D.N. Kesarbani Vs. U.P. Medical Council, Through the Registrar, Lu ...
Court: Allahabad
Decided on: Mar-10-1953
Reported in: AIR1953All580
Sapru, J. 1. This application has been presented under Art. 226 of the Constitution to this Court by Dr. D. N. Kesarbani, Medical Officer of Government Tuberculosis Clinic at Allahabad, for various reliefs, and more particularly for a writ of prohibition commanding the opposite party from taking any steps towards erasing his name from the register of Medical Practitioners of this province.2. The facts which have given rise to this application may be stated shortly. Dr. Kesarbani had his early education at the Gurukul Kangri University at Hardwar. He had a bright career at that institution which is one of the best well-known private institutions in this country. For various reasons, it was the policy of this institution not to have affiliated itself to any university or incorporated as a university by an Act of the legislature. It has played, as has been testified to by educationists of eminence, an important part in the cultural and national life of this country. He graduated himself i...
M. Amba Sahai Vs. Gopeshwar Babu Mehra and anr.
Court: Allahabad
Decided on: Mar-10-1953
Reported in: AIR1953All607
Agarwala, J.1. This is a plaintiff's appeal arising out of a suit for possession over a house. The plaintiff alleged that he was the zamindar of mohal Basanti Har Prasad in village Nekpur Gauntia Beldaran, that the house in dispute was in the occupation of a 'riyaya', Rajjoo Lal, Who was arrayed in the suit as defendant 2, that in August, 1935, the house was sold by Rajjoo Lal in execution of a simple money decree against him and was purchased by one Chet Ram who sold it to Gopeshwar Babu Mehra defendant 1, that there was a custom in village Nekpur Gauntia Beldaran that no 'riyaya' could transfer the site of the house, that the transfer of the house in execution sale was contrary to the custom and was not binding on the plaintiff-zamindar and that, therefore, he was entitled to take possession of the house.The plaintiff further pleaded that Rajjoo Lal was a 'chantidar' (licensee), that he had executed an 'Ijazatnama' and had paid rent for the site over which he had constructed the hous...
Mst. Fahmida Begam and ors. Vs. Chobey Sambho Nath and ors.
Court: Allahabad
Decided on: Mar-09-1953
Reported in: AIR1953All632
Malik, C.J.1. Learned counsel for the appellants has raised a very ingenious point in the case but we do not think that the point has any force.2. On 6-1-1908 one Zebulnissa made a simple mortgage of three houses and seven Sihams of zamindari share to Fayyaz Ali Khan and Wajid Ali Khan mortgagees for Rs. 2000/-. On 19-1-1921 she sold to Wajid Ali Khan two Sihams out of the seven Sihams and transferred to the two mortgagees Fayyaz Ali Khan and Wajid Ali Khan the three houses mortgaged for Rs. 5000/-. The only property that remained thus encumbered was five Sihams zamindari. The plaintiffs are the legal representatives of Fayyaz Ali Khan mortgagee who has died and they claim that they have acquired the equity of redemption from Wajid Ali Khan of his interest in the mortgage. No date is mentioned of this transfer of mortgagee rights and it is not necessary for us in this case to consider this matter further, though it is very doubtful whether there was any such transfer. In the year 1922 ...
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