Allahabad Court July 1953 Judgments
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The Central Finance and Housing Co. Ltd. Vs. British Transport Co. and ...
Court: Allahabad
Decided on: Jul-15-1953
Reported in: AIR1954All195
Beg, J. 1. This judgment disposes of two second appeals, namely, second appeal No. 774 of 1948, & second appeal No. 584 of 1948. Both the second appeals arise out of a common judgment. The circumstances in which these second appeals arise are briefly given below;2. It would appear that on 2-6-1941, the plaintiff in this case viz. the Central Finance and Housing Company Limited entered into an agreement with defendants 1 and 2 regarding a bus. Defendant 1 is Babu Singh and defendant 2 is Sardar Singh. Babu Singh and Sardar Singh are styled as 'hirers' in this agreement. Defendant 3 is Bhupal Singh and he signed the agreement as a guarantor. Babu Singh and Sardar Singh are the persons to whom the bus is stated to have been hired under the said agreement and the agreement itself js described as a hire purchase agreement. Under the said agreement Babu Singh and Sardar Singly the alleged hirers of the bus, were liable to pay the hire of the bus by twelve instalments starting on. 1-7-1941 an...
Sujan Singh and ors. Vs. Lochan Singh and ors.
Court: Allahabad
Decided on: Jul-15-1953
Reported in: AIR1953All756
Agarwala, J.1. An application under Section 4, Encumbered Estates Act was made by Thakur Sujan Singh and his sons on 17-4-1936, and a written statement was filed by them before the Special Judge on 16-8-1936. In this written statement they claimed the property in dispute in the present proceedings to belong to them. In due course notices under Section 9 were published on 23-12-1936. A claim under Section 11 of the Act was filed by Srimati Dhan Kunwar in respect of the property in dispute on the allegation that the property originally belonged to Kehri Singh, her husband, that upon his death it was inherited by her as a Hindu widow, that it was sold in execution of a decree against her and purchased 'benami' by Girwar Singh, father of Sujan Singh, appellant, that she paid the auction price and that she had been throughout in possession of the property. Before the objection could be decided Smt. Dhan Kunwar died on 12-10-1940, leaving Lochan Singh, a reversioner of Kehri Singh. On 26-10-...
Jagdish Prasad and ors. Vs. Mahadeo
Court: Allahabad
Decided on: Jul-15-1953
Reported in: AIR1953All758
ORDERBrij Mohan Lall, J.1. This is an application in revision by the defendants under Section 25, Small Cause Courts Act.2. An ex parte decree was passed against the applicants on 24-10-52, On 7-11-52 they presented an application under Order 9, Rule 13, C. P. C. for setting aside the said decree. On the same day, they presented an application seeking the court's permission to file security of an immovable property. Permission was given to them to file a security bond hypothecating immovable property. On 21-11-52 they presented an unregistered security bond. They asked for one month's extension so that they might get the bond registered. The bond was returned to them on 24-11-52 and they presented the bond, duly registered, on 8-12-52.3. When the application for setting aside the 'ex parte' decree came up for hearing before the learned Judge the decree-holder raised a contention that the requirements of Section 17 of the Provincial Small Cause Courts Act had not been compiled with. Thi...
Ziaul Haq and ors. Vs. Lala Shankar Lal and anr.
Court: Allahabad
Decided on: Jul-14-1953
Reported in: AIR1954All32
Malik, C.J. 1. This is an appeal againstan order passed by the learned Special Judge, Second Grade, Saharanpur, entertaining an application under Section 9(5), U. P Encumbered Estates Act for apportionment of certain debts on payment of Rs. 50/- as damage within two weeks. The respondents are the creditors to whom the amount was due from the appellants and their father. An application under Section 4, U. P. Encumbered Estates Act was made on 30-3-1936, on behalf of Amanat Ali, the father, and his sons and, in that application, the amount due to the respondents was shown in the list of debts. On 12-8-1936, however, the sons made an application for permission to withdraw and thereafter the case under the Encumbered Estates Act proceeded on behalf of Amanat Ali alone. On 24-10-1939, Amanat Ali died and his four sons and two daughters were then brought on the record as his legal representatives and, in that capacity, they continued the Encumbered Estates Act proceedings.Decrees in favour o...
Jit Bahadur Singh Vs. the State
Court: Allahabad
Decided on: Jul-14-1953
Reported in: AIR1953All753
Agarwala, J. 1. This is an application in revision against an order directing the applicant Jit Bahadur Singh to furnish two sureties in Rs. 200/- with a personal bond in the like amount and to be of good behaviour for one year and to undergo one year's rigorous imprisonment in the event of his failure to execute the bond and to furnish the sureties. The applicant was tried under Section 110, Criminal P. C. on the ground that he possessed a bad reputation in the vicinity of his village and had no ostensible means of livelihood. Notice under Section 110 read with Section 112, Criminal P. C., was issued to the applicant. A large number of witnesses were examined on behalf of the prosecution. They deposed that the applicant was by habit a thief and a house-breaker and was known as such in his locality. He was suspected and named in several crimes. The accused also examined a large number of witnesses, but the learned Magistrate preferring the prosecution evidence to the defence evidence p...
Bhaggo Singh Vs. Sanoman Singh and ors.
Court: Allahabad
Decided on: Jul-13-1953
Reported in: AIR1954All13
ORDERRandhir Singh, J.1. This is a reference by the Additional District Magistrate of Bahraich recommending that the order passed by the Sub-Divisional Magistrate, Bahraich releasing property which had been attached in proceedings under Section 145, Cr. P. C. in favour of the opposite-party be set aside and it be ordered that the property may continue in attachment.2. It appears that there was some dispute relating to some cultivatory land and Bhaggoo Singh made an application asking the Court. to take proceedings under Section 145, Cr. P. C., against the opposite-party Sanoman Singh and others. On receipt of this application the Magistrate called for a report from the police and this report was submitted by the police on 6-9-1951. The police reported that the Opposite-party were influential people and that in the year 1939 there had been rioting for the possession of this property in which two persons had been killed. The culprits were prosecuted and were sentenced to imprisonment. Th...
Ganga Bux Singh and anr. Vs. the State
Court: Allahabad
Decided on: Jul-13-1953
Reported in: AIR1954All22
ORDERRandhir Singh, J.1. This is an application in revision against the order of the Sessions Judge setting aside the order of discharge passed by a Magistrate.2. It appears that one Thakurain Kailash Kuar widow of Thakur Narendra Bikramjit Singh, taluqdar of Parsandi, died on 22-6-1949, leaving movable and immovable property. There was dispute in the mutation Court regarding immovable property and about a year and a half alter the death of the lady a complaint was filed by Ram Nath Bakhsh Singh, brother of Thakurain Kailash Kuar's husband, against Ganga Bakhsh Singh and others, alleging that the accused had misappropriated property belonging to the widow. Process was issued against the accused and the case came up for hearing on 15-10-1951. An application was made by Ganga Bakhsh Singh accused asking the Court that he should be discharged as there was no case against him. Another application was made by the Deputy Commissioner, acting as President of a trust created by Narendra Bikram...
Rafiq Khan and anr. Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Jul-08-1953
Reported in: AIR1954All3
ORDERAsthana, J. 1. The applicants, Rafiq and Shaflq along with one Abdul Haftz Khan, were tried by the Panchayati Adalat of Raghunathpur under Sections 352, 447 and 426, I. P. C. They all were convicted under each of these sections and were sentenced to fine. Against this order a revision was filed before the Sub-Divisional Magistrateof Puranpur under Section 85, Panchayat Raj Act. The learned Sub-Divisional Magistrate quashed the conviction of one of them, namely, Abdul Hafiz Khan and in respect of the other two accused, namely, Rafiq Khan and Shafiq Khan he maintained their conviction under Section 447, I. P. C. but quashed their conviction and sentence under the other two sections. The present application has been made by Rafiq ar.d Shafiq for a writ of certiorari quashing the order of the Sub-Divisional Magistrate on the ground that it was against the provisions of Section 85, Panchayat Raj Act. This section provides that a Sub-Divisional Magistrate may fcr reasons to be recorded ...
Ramvir and ors. Vs. the State
Court: Allahabad
Decided on: Jul-07-1953
Reported in: AIR1953All778
Asthana, J.1. The appellant Ram Vir is the son of the appellant Rewa Ram. The appellant Sardar is the son of the appellant Sita Ram. They all along with one Lakhan have been convicted under Section 147, I. P. C. Except Lakhsn they have also been convicted under Section 323. I. P. C. Lakhan has been convicted under Section 325, I. P. C. He has been sentenced to six months' rigorous imprisonment under Section 147. I. P. C. and to two years' rigorous imprisonment under Section 325, I. P. C. and both the sentences have been made concurrent. The other four appellants have been sentenced to six months' rigorous imprisonment under Section 147, I. P. C. and to the same term under Section 323, I. P. C. and both the sentences have been made concurrent. Lakhan has filed his appeal from the jail and is unrepresented. The other four appellants are represented.2. It appears that on the 11-1-1948 in the afternoon at about 3 p. m. there was a marpit at a place between the villages Sheikhupura and Siro...
Bhartu and ors. Vs. State
Court: Allahabad
Decided on: Jul-06-1953
Reported in: AIR1954All35
Asthana, J.1. These two appeals arise out of two cross-cases relating to the same incident which took place on 30-4-1949 at about 9 a. m.in the morning in village Mavi Kalan, P. S. Binoli, District Meerut. The dispute was over a field No. 934 in that village. This field at first belonged to Jialal and others who executed a sale-deed in favour of Smt. Kesar, mother of Yadram. She executed a lease in respect of this plot in favour of Yadram. After the sale-deed, Bhartu and Munshi filed a pre-emption suit against Smt. Kesar and obtained an 'ex parte' decree against her. In execution of this ex parte decree the decree-holders (accused) obtained actual possession over the field and ploughed it. Shiam Singh, a brother of Yadram who was one of the defendants in the pre-emption suit got the ex parte decree set aside and the case restored. Thereafter, it was decided in favour of Yadram and he obtained actual possession over the southern half of the field and formal possession over the northern-...
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