Allahabad Court August 1953 Judgments
Badri Datt and ors. Vs. Shrikishan and ors.
Court: Allahabad
Decided on: Aug-10-1953
Reported in: AIR1954All94
Malik, C.J.1. This is a Letters Patent appeal against a judgment of a learned single Judge who dismissed the appeal but granted leave to file an appeal before a Division Bench.2. According to the allegations in the plaint the property in suit belonged to one Madhwa Nand who died about 24 or 25 years back leaving a widow Srimati Madhav Sundari who was impleaded as defendant 2. On 17-12-1943, Srimati Madhav Sundari sold certain shares in three villages, 'mauza' Bamanpuri, 'mauza' Bamanpuri Genth and 'mauza' Har to defendant 1, Sri Krishan Upadhyay for Rs. 1,500/-. It was alleged in the plaint that no amount was paid but the plaintiffs were willing to pre-empt the property on payment of Rs. 1,500/- or such other sum as the Court might find reasonable. The suit was filed by six plaintiffs, Badri Dutt, Hansa Dutt Upadhyay, Shambhu Dutt, Jai Krishn, Durga and Tika Ram.3. The suit was contested on several points, one of the points raised being that three of the plaintiffs were strangers and h...
Tag this Judgment!Dwarka and anr. Vs. State
Court: Allahabad
Decided on: Aug-08-1953
Reported in: AIR1954All106
Agarwala, J. 1. Eight persons Dwarka, Bhuiya Din, Inderpal, Ram Gopal, Mahadin, Gharibe, Chhanga and Sarju have appealed against their conviction under Section 402, I. P. C. and a sentence of two years' rigorous imprisonment. Of these Inderpal, Ram Gopal, Sarju, Chhanga and Dwarka were further convicted under Section 19(f), Arms Act and sentenced to rigorous imprisonment for one year and they have appealed against their conviction under that section as well. The charge under Section 19(f), Arms Act was tried by a jury, which returned a verdict of guilty.2. The prosecution case was that Mohammad Alam, Sub-Inspector, belonging to the investigation squad of the C.I.D., Lucknow, had gone in the morning of 7-10-1951, to Mohanlalganj for investigation of a case under Section 457, I. P. C. At about 6 p.m. he received information that some bad characters had assembled near the railway station. Immediately he went up along with a police party consisting of three Sub-Inspectors, 4 constables and...
Tag this Judgment!State Vs. Ballister Singh and ors.
Court: Allahabad
Decided on: Aug-07-1953
Reported in: AIR1954All47
Malik, C.J.1. The point referred to this Bench by a learned single Judge is whether a Government Appeal filed under Section 417, Criminal P. C., can be summarily dismissed under Section 421, Criminal P. C., by a learned Judge sitting alone.2. The practice in this Court has been that all criminal appeals, whether cognizable by a Bench of two learned Judges or by a learned single Judge, are presented before a learned Single Judge authorised to receive applications in criminal matters who admits the appeals, directs notices to be issued and cases cognizable by a Bench of two learned Judges are then listed before such Bench for final disposal after service of notice, while cases cognizable by a learned single Judge are listed before a single Judge.3. That criminal appeals, whether riled by an accused against an order of conviction or by the State against an order of acquittal, can be dismissed summarily under Section 421, of the Code cannot be doubted, though at one stage the learned Deput...
Tag this Judgment!Ram Naresh and ors. Vs. Deo NaraIn and ors.
Court: Allahabad
Decided on: Aug-07-1953
Reported in: AIR1954All109
ORDERRandhir Singh, J. 1. This is an application in revision under Section 115, Civil P. C. against a decree passed under Section 9, Specific Relief Act by the Munsif of Kunda, Partabgarn.2. The onposite party filed a suit under Section 9, Specific Relief Act in the Court of the Mun-sif of Kunda, Partabgarh, on the allegation that he was in peaceful possession of two plots and was dispossessed forcibly by the defendants within six months of the institution of the suit. The Munsif decreed the claim and the defendants have now come up in revision.The only point which arises for determination in this application for revision is whether the suit instituted by the plaintiffs in the Court of the Munsif could be instituted in the revenue Court and as such the jurisdiction of the Munsif was barred under the provisions of Section 242, U.P. Tenancy Act. It is alleged on behalf of the applicants that the plaintiffs could have maintained a suit under Section 180 or Section 183, U.P. Tenancy Act an...
Tag this Judgment!State Vs. Bal Makund
Court: Allahabad
Decided on: Aug-05-1953
Reported in: AIR1954All97
Malik, C.J.1. These are four Government appeals against the orders of acquittals passed in four cases for prosecution under the United Provinces Prevention of Adulteration Act, Act No. 6 of 1912.2. It would be convenient to take up the three cases, Criminal Appeal No. 143 of 1951, Criminal Appeal No. 144 of 1951 and Criminal Appeal No. 146 of 1951 together, and Criminal Appeal No. 420 of 1951 separately. In Criminal Appeal No. 143 of 1951 and Criminal Appeal No 146 of 1951 the accused Balmakand and Amar Nath respectively were charged with having sold adulterated Lahi oil, while in Criminal Appeal No. 144 of 1951 Amar Nath was prosecuted for having sold adulterated Alsi oil.3. The accused are wholesale dealers. The Sanitary Inspector suspected that the Lahi and Alsi oils sold by the accused were adulterated and he thereupon went and purchased some quantity of oils. These he sent to the Public Analyst, U. P. Government, for analysis and report. The Analyst found that the samples sent wer...
Tag this Judgment!Mt. Kulsumunn-isan Vs. Khushnudi Begum and anr.
Court: Allahabad
Decided on: Aug-05-1953
Reported in: AIR1954All188
Brij Mohan Lall, J.1. This is an appeal by a plaintiff under Section 6A, Court-fees Act. The appellant instituted a suit in the Court of the Civil Judge of Agra, claiming several reliefs of which the following is the only relevant one viz.: 'That the plaintiff be delivered possession over the land in dispute marked by letters A, B, C, D, E, F, G, H and shown in red colour in the attached plan by dispossessing defendant 1 therefrom and by the demolition of the constructions made unauthorisedly by her in the portion A, H, G of the said land in dispute.'2. This relief was valued at Rs. 6,000/-. A plea was taken in defence by the defendants that the subject-matter of the suit should be valued at Rs. 60,000/- and not Rs. 6,000/-. A Commissioner was appointed by the Court to assess the valuation of the subject-matter of the suit and, according to his report, the subject-matter should have been valued at Rs. 21,445/-, Both parties lodged objections against the Commissioner's report. The learn...
Tag this Judgment!Ramdas Vs. Shree Ram Lakshman Janki
Court: Allahabad
Decided on: Aug-05-1953
Reported in: AIR1953All797
Chaturvedi, J. 1. These two appeals arise out of the same suit filed on behalf of a deity Sri Ram Lakshman Janki, through Durga Prasad, 'Sarbarakar' of the deity. Second Appeal No. 879 of 1949 has been filed by defendant 1, and Second Appeal No. 1012 of 1949 has been filed by defendant 2. Defendant 3 is one Mst. Vidyawati, who took no interest in the case, because she had executed a deed of relinquishment in favour of the plaintiff. Briefly put the facts of the case are these.2. House No. 76/100 situated in Coolie Bazar, Kanpur, along with other property belonged to one Smt. Janki Kuar. It is not disputed by any of the parties that Smt. Janki Kuer was the absolute owner of this house. Smt. Janki Kuar died on 6-6-1946, and the case of the plaintiff is that Smt. Janki Kuar executed a will on 2-6-1946 bequeathing the house mentioned above, to the plaintiff idol, and appointing Durga Prasad as the 'Sarbarakar' of the idol. The plaintiff thus became the owner of this house, ad it is said th...
Tag this Judgment!M.R. Bakshi Vs. K.N. Saksena, P.C.S., Regional Food Controller, Luckno ...
Court: Allahabad
Decided on: Aug-04-1953
Reported in: AIR1954All5
Malik, C.J. 1. This is an application on behalf of M. R. Bakshi who was a Supply Inspector in Budaun. His services were temporary as were those of most other persons in the Supply Department--the services being terminable after one month's notice. On 18-5-1953, the Regional Food Controller, Lucknow, served a notice on the applicant in these terms: 'The services of Sri M. R. Bakshi, FoodgrainsInspector, Kashipur, are no longer required.He is hereby served with one month's noticeof termination of services with immediateeffect.'2. Learned counsel has urged that though the notice purported to be a notice terminating the applicant's services on the ground that the services were no longer required, the real reason for the termination of the service was that there were certain complaints of misconduct against the applicant. Our attention was drawn to appendix 4 of the affidavit and it was said that the termination of service by notice was a device adopted to avoid the necessity of proving mis...
Tag this Judgment!Hardei Vs. Wahid Khan and anr.
Court: Allahabad
Decided on: Aug-04-1953
Reported in: AIR1954All16
Malik, C.J. 1. This case raises a very short point, that when a mortgage is redeemed, does the tenant, to whom the house had been let out by the mortgagee, become a trespasser from the date of redemption and can he be ejected as a trespasser, or must the mortgagor after redeeming the property take steps to eject him as a tenant? There is conflict of opinion on the point. It has been urged that the cases dealing with agricultural tenancies are distinguishable and do not apply to houses which have been let out to tenants. Piggott, J. however, in --'Collector of Basti v. Sarnam Charak', 8 All LJ 802 at p. 805 (A), held that there was no difference between an ordinary tenancy and an agricultural tenancy. In view of the conflict of decisions on the point it is desirable that this case may be decided by a larger Bench. I, therefore, refer it to a Bench for decision. The cases which have been quoted and which appear to be relevant and in favour of the appellant are: -- 'Ram Chand v. Raj Hans'...
Tag this Judgment!Jagdeo Singh and anr. Vs. Sitla Pd.
Court: Allahabad
Decided on: Aug-04-1953
Reported in: AIR1954All71
Chaturvedi, J.1. This is a defendants' appeal from a decree of the learned Civil Judge of Faizabad decreeing the plaintiffs suit.2. The suit was for cancellation of a sale deed executed by the grandmother of the plaintiff as his guardian on 23-8-1939. The plaintiff's case was that the property was ancestral property of the plaintiff, and his grandmother was not his guardian inasmuch as his mother was also alive. It was next contended that the deed was executed without any legal necessity, and the guardian had failed to claim the benefits of the Agriculturists' Relief Act and the Debt Redemption Act.3. The main defences to the suit were that the mother of the plaintiff had remarried soon after the death of the father, and the grandmother was the legal and de facto guardian of the plaintiff. She, therefore, could not act as his guardian. It was also alleged that the deed was executed for legal necessity, and for payment of the antecedent debts of the minor's father. The third plea was th...
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