Allahabad Court March 1953 Judgments
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Firm Dewan Sugar Mills Vs. the Government of the State of Uttar Prades ...
Court: Allahabad
Decided on: Mar-05-1953
Reported in: AIR1953All531
Sapru, J. (1) These are two applications under Article 226 of the Constitution and the, applicants have claimed various reliefs which are mentioned in the applications. In writ No. 119 of 1952 the applicant is Firm Dewan Sugar Mills and in writ No. 120 of 1952 the applicant is the Dewan Sugar & General Mills Ltd. The lasti opposite party in writ no. 119 is the Company, whereas in writ No. 120 the last opposite-party is the Firm. The opposite-parties 6 to 20 in both the writs are the employees of the Mills which was managed until 30-6-1951 by the Firms and thereafter by the Company which is the petitioner in Writ No. 120.(2) Between the employees and the management some differences arose so much so that the employees went on strike on 20-1-1951. The employers served four notices on them between 20-1-1951 and 23-1-1951 reminding them that the strikes were illegal and that they would be liable to dismissal if they did not stop the strike. By these notices, twenty-four hours were given to ...
Amjad HusaIn Vs. State
Court: Allahabad
Decided on: Mar-05-1953
Reported in: AIR1953All549
ORDERDesai, J.(1) The applicant has been convicted under Section 170, I, P. C. and sentenced to one year's imprisonment. It has been found by the Courts below that on 29-10-1950 the applicant personated as Assistant Shops and Commercial Establishments Inspector and in that assumed capacity tried to authorise shop-keepers to keep their shops open on a close day (i. e. the day on which under the Shops Act the shops should remain closed) and charged from them one rupee per shop-keeper. This is a finding of fact which ordinarily is not challenged in a Court of revision. It is backed by evidence which the Courts below were fully justified in acting upon. It has come in the evidence of the Shops and Commercial Establishments Inspector that he has no assistant attached to him. It was contended on behalf of the applicant that as the post of Assistant Shops and Commercial Establishments Inspector did not exist in the districts the applicant could not be convicted under Section 170 for pretendin...
State Vs. Shri Krishna Pd. Dar
Court: Allahabad
Decided on: Mar-04-1953
Reported in: AIR1954All44; (1954)ILLJ273All
B.D. Mukerji, J.1. These two appeals by the State arise out of more or less the same facts and consequently we propose to dispose of both these appeals by this common judgment.2. In Appeal No. 540 there is only one respondent, namely, Sri Krishna Prasad Dar, Manager Allahabad Law Journal Co. who has figured in both the cases. In appeal No. 541 of 1951 there are two respondents, namely, Rameshwar Prasad Bajoria, resident of 9 Dalhousie Square Calcutta, who is said to be the occupier of Allahabad Law Journal Co. Ltd. and Sri Krishna Prasad Dar, Manager of the Allahabad Law Journal Co. Ltd.3. The facts which have given rise to these two Government Appeals lie within a very narrow compass and they may be stated as follows: On 25-6-1950, which was a Sunday, Mr. M. L. Bhagat, Inspector of Factories, paid a visit to the Allahabad Law Journal Co. Ltd. and discovered eleven persons working in the outer portion of the factory building in a verandah. He found that the Chaukidar or the Darwan, as ...
Hathi Ram Vs. Hazi Mohammad
Court: Allahabad
Decided on: Mar-04-1953
Reported in: AIR1954All141
ORDER1. This is a defendant's application against an order of the learned Civil Judge of Gorakhpur refusing to stay further proceedings in a suit.2. The present suit was brought by the plaintiff on the basis of a mortgage executed by the defendant on 5-1-1939. The mortgage was in favour of one Mitra Nand and the plaintiff has purchased the mortgagee rights from Mitra Nand. Before the institution of the present suit the mortgagors filed a suit numbered as Suit No. 1 of 1944 in the same Court against the mortgagee under Section 33, U. P. Agriculturists' Relief Act for accounting. That suit, filed by the mortgagors, was dismissed by the learned Civil Judge and an appeal is now pending in this Court against the decision of the Civil Judge. In the present suit an application was made before the learned Civil Judge under Section 10, Civil P. C. praying that the hearing of the present suit be stayed, in view of the fact that the previous suit between the same parties was pending in appeal bef...
Raghu Vs. Panchaiti Adalat
Court: Allahabad
Decided on: Mar-04-1953
Reported in: AIR1953All528
Brij Mohan Lall, J. 1. This is an application under Article 220 of the Constitution in respect of a Pnchayat Raj matter.2. It appears that two buffaloes and four bullocks owned by one Shitla Prasad died in his village which is situate within the circle of Pancha-yati Adalat Barchauli in the district of Jaunpur. The skins of the said animals were taken away by the Chamars of the village under a village custom. Shitla Prasad brought a suit against them in the Panchayat court alleging that although the skins could, under the said custom, be taken away by the defendants, the custom required them to pay the price thereof. The defence was that the defendant had the right to take away the skins without making any payment. The Panchas enquired into the particulars of the custom and came to the conclusion that payment had to be made. They decreed the suit brought by Shitla Prasad. A revision was preferred by the defendants, but it was rejected by the learned City Munsif of Jaunpur. The defendan...
Bhagwan Das and ors. Vs. State Through Badri Prasad
Court: Allahabad
Decided on: Mar-04-1953
Reported in: AIR1953All630
Mukerji, J.1. These two applications have been made by certain persons who are standing their trial under Section 420, I. P. C. before a Magistrate at Bareilly. The applicants are residents of Orissa and they have a business office at Calcutta. They are the producers of certain vegetable products in the nature of vegetable ghee, etc. and the complainant entered into an agreement with them on which, according to his case, he was appointed a sole distributor of the products of the Company which is sponsored by the accused applicants, for the Uttar Pradesh and Delhi Province. According to the complainant he parted with a total sum of Rs. 25,000/- by way of security to the Company sponsored by the accused and that the accused used deception in getting this money from the complainant. The complainant wanted his money back but the accused have not so far refunded the money which they took under the pretext of its being a kind of security deposit.2. On 14-8-1951, the accused moved an applicat...
In Re: Ram Chand
Court: Allahabad
Decided on: Mar-04-1953
Reported in: AIR1953All712
ORDERKidwai, J. 1. Ram Chand is a partner in the firm Jethanand and Sons which carries on the work of Government Contractors. In 1947 the firm took three contracts for the supply of stone ballast to the U. P. P. W. D. at Shankargarh and Lohagra in the Allahabad district. We are not concerned with the third of these contracts. The first two were entered into on the 20th of March and the 27th of May and are evidenced by bonds Nos. 359 and 45 respectively. Deliveries were made under these contracts to P. W. D. overseers on the 22nd March (2,62,420 cu. ft.) and on the 25th May (2,95,157 cu. ft.) by Ram Chand and an agent of his firm, Chetanand, respectively. Very shortly afterwards bills signed by Ram Chand for the price of this ballast were passed and payments were made to Messrs. Jethanand and Sons.2. At first there was no trouble about the matter but later, when an enquiry was made by Mr. Sahney, Executive Engineer on 22-12-1947 the Overseer J. P. Mittal on 22-1-1948, sent a report whic...
Bibi Iftikhar Jahan Begum and ors. Vs. Balwant Singh and ors.
Court: Allahabad
Decided on: Mar-03-1953
Reported in: AIR1953All522
Agarwala, J. 1. This is a plaintiffs' appeal arising out if a suit for exclusive possession fey ejectment of the defendants or in the alternative for joint possession with the defendants over three Sir plots. The suit has been dismissed by both the Courts below. The facts briefly are as follows : 2. One Mohammad Ismail Khan was a co-sharer in a zamindari property in which the three Sir plots in dispute were situated. On his death the property devolved upon his widow, Bilqis Jahan Begam, defendant 16, his son Iftikhar Ahmad Khan, defendant 15, and his two daughters, the plaintiffs-appellants. On 31-5-1935 Bilqis Jahan Begam, the widow, executed a sale deed of the aforesaid plots in favour of the defendants-respondents, first party. The widow's share, according to the Mohammadan law, exceeded the area thus transferred by her. But she had no right to transfer the entire area of the three plots which were the joint Sir of all the heirs of Mohammad Ismail Khan. Bilqis Jahan Begam was in pos...
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