Allahabad Court September 1953 Judgments
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Lallu Vs. Bachchu Singh and ors.
Court: Allahabad
Decided on: Sep-23-1953
Reported in: AIR1954All355
Kidwai, J.1. This appeal arises out of a suit instituted in the civil Court on the 23rd of July 1946 for possession over certain cultivatory plots. The plaintiff claimed that he was the muafidar and that the defendants were trespassers who had taken possession of the land during his absence from the Province and that consequently he was entitled to obtain possession. One of the issues raised in the trial Court was the issue as to the jurisdiction of the Civil Court to decide the suit. Many other pleas were also taken and decisions were given by the trial Court upon them but the only point, apart from the question of court-fee, that has been decided by the Civil Judge of Unnao in appeal, is the question of jurisdiction which is the only point that has been argued before me.2. It is necessary to note that while the suit was still pending in the trial Court, Section 180 of the U. P. Tenancy Act was amended and the amended Section was given retrospective effect in certain circumstances. We...
Ajodhia Singh and ors. Vs. Ram Phal Singh and ors.
Court: Allahabad
Decided on: Sep-23-1953
Reported in: AIR1954All359
Randhir Singh, J. 1. This is a plaintiffs' second appeal against the concurrent findings of the Courts below. 2. Two of the respondents Nos. 15 and 18 are dead and their legal representatives have not been brought on the record. It is contended on behalf of respondent No. 14 that the appeal has abated as a whole. It is evident from the record that respondents Nos. 15 and 18 did not claim any interest in the land in dispute and the plaintiffs also did not allege that they had any interest in the land in dispute. If their legal representatives have not been brought on the record, this would not adversely affect the merits of the appeal and the appeal has not, therefore, abated against the other parties. 3. The plaintiffs appellants filed a suit for possession of five plots of land situate in village Bahauddinpur in the district of Sultanpur, against defendants 1 to 18 on the allegations that the plaintiffs had been in possession of the plots in dispute for a very long time and had acquir...
Shankerpal Singh and anr. Vs. Hari Shanker Singh and ors.
Court: Allahabad
Decided on: Sep-22-1953
Reported in: AIR1954All170
Randhir Singh, J.1. These three appeals have been heard together. They arise out of three suits in which the parties were the same and the facts were also similar.2. One Srimati Chaurasa Kunwar died on 1-11-1944 possessed of certain under-proprietary and occupancy holding plots. The plaintiffs claiming to be the nearest reversioners instituted three different suits, as the plots were situate in three different mohals, against the defendants on the allegations that the property had passed to the plaintiffs and the defendants had taken unlawful possession of the plots in collusion with the zamindars who were also impleaded as defendants in these suits. It was alleged on behalf of the plaintiffs that Srimati Chaurasa Kunwar had inherited the property as a limited heir from her son, Jagdamba Singh, who died issueless.3. The main contesting defendants who are the appellants in this case contested the suits mainly on the ground that they had been holding the property in their own right and t...
Smt. Shanti Devi Vs. Mt. Kubra Begum and anr.
Court: Allahabad
Decided on: Sep-22-1953
Reported in: AIR1954All184
1. This is a court-fee matter. It has come up before us in this way. The appellant filed an application under Section 12, Agriculturists Relief Act. His application was dismissed on the merits on the ground that the transaction of which the redemption was sought was not a mortgage but was a sale. The applicant then filed the above appeal in this Court with a court-fee stamp of -/15/-. The stamp reporter's report showed that the court-fee paid on the memorandum of appeal was deficient by Rs. 802/3/-. The applicant objected to the deficiency report. He also made an application for amendment of the memorandum of appeal praying that the heading of the appeal may be amended from P. A. (First Appeal) to F. A. F. O. (First Appeal From Order). The application came up for orders before one of us and it was rejected on the ground that even if the application were allowed, the court-fee payable on the memorandum of appeal would be an 'ad valorem' court-fee. The applicant was directed to pay the c...
Raja Ram Vs. State
Court: Allahabad
Decided on: Sep-22-1953
Reported in: AIR1954All204
Brij Mohan Lall, J. 1. This is an application in revision by one Raja Earn who has been convicted by a learned Magistrate, 1st Class, of Etawah of an offence punishable under Section 161, I. P. C. and sentenced to pay a fine of Rs. 200 and in default to undergo three months' simple imprisonment. The conviction and sentence were upheld on appeal by the learned Sessions Judge of Mainpuri. 2. The applicant was a civil Court Amin to whom a certain decree was sent for execution. The findings of fact recorded by the Courts below which have to be accepted as correct in these proceedings are that the applicant demanded illegal gratification from the 'pairokar' of the decree-holder in order to execute the decree speedily. The 'pairokar' approached the District Magistrate who ordered another Magistrate to lay a trap for the applicant. A trap was laid and currency notes worth Rs. 15/- of which the numbers had previously been noted by the Magistrate, were delivered to the applicant. He was caught ...
Mohd. Sarifullah Vs. State Through Yakub Khan and ors.
Court: Allahabad
Decided on: Sep-22-1953
Reported in: AIR1954All213
ORDERMukerji, J. 1. This is an application in revision against the order of the District Magistrate of Agra whereby the District Magistrate purported to act under the provisions of section 503 of the Code of Criminal Procedure and directed a Magistrate subordinate to him to examine one Srimati Rohilla Khatoon on commission.2. It appears that a case was pending in the court of Sri Goswami, a Magistrate of the 1st class, Agra, in which five persons stood charged with offences under sections 366 and 342 I. P. C. The accused were charged with having abducted Srimati Rohilla Khatoon. The complainant in this case was Sharifullah Khan, the husband of Srimati Rohilla Khatoon.3. Sharifullah Khan applied to the court for summoning Rohilla Khatoon and examining her as a witness in the case on behalf of the prosecution. This application was opposed and Yaqoofa Khan, one of the accused in the case who made an application to the Magistrate under section 506 of the Code of Criminal Procedure for exam...
Hira Singh and anr. Vs. State Through Mathura Das
Court: Allahabad
Decided on: Sep-22-1953
Reported in: AIR1954All231
V. Bhargava, J.1. I have heard learned counsel for the applicants and find that there is no force in this transfer application.2. The main ground taken is that the learned magistrate, Kumari Simla Goel, in whose court the case is pending, first passed an order exempting Shrimati Parvati applicant No. 2 from personal attendance in court during the trial of the case but, subsequently, cancelled that order on an application presented by the counsel for the complainant and this raises an apprehension in the minds of both the applicants that they would not receive proper justice in her court. Learned counsel, in this connection, has drawn my attention to an order of my learned brother Gurbu, J. passed on the 3rd of September, 1952, in this very case when the applicants had come up to this Court for transfer of this very case from another court. Gurtu, J. in that order, .held that the circumstances in which the order cancelling the exemption granted was passed, might have raised an apprehens...
State of Uttar Pradesh Vs. Shyam Sundar Lal Jain
Court: Allahabad
Decided on: Sep-22-1953
Reported in: AIR1954All308
Sapru, J. 1. This contempt matter was referred by us to a Full Bench of five Judges as, in our opinion, there was a conflict between two cases, namely, the Full Bench case of -- 'State v. Brahma Prakash : AIR1950All556 , and the Bench case of -- 'Rex v. B. S. Nayyar : AIR1950All549 . Before the proposed Full Bench could dispose of the case, the Supreme Court gave its decision in -- 'Brahma Prakash Sharma v. State of Uttar Pradesh : 1954CriLJ238 . In viewof the fact that the point referred to the Pull Bench has been considered and decided by the Supreme Court, the learned Chief Justice has returned the reference to this bench with the query whether it is any longer necessary to constitute a Pull Bench. We have heard learned counsel for the parties and are clearly of the opinion that it is not necessary to constitute a Pull Bench in view of the decision of the Supreme Court.2. We shall now proceed to give the salient facts of this case. Shri Shyam sunder Lal Jain Sarraf, the opposite-par...
National Carbon Co. (India) Ltd. Vs. Raj Kumar and anr.
Court: Allahabad
Decided on: Sep-21-1953
Reported in: AIR1954All218
Agarwala, J. 1. This is a plaintiff's appeal arising out of an order made on an application for the grant at an interim injunction. The plaintiff-appellant, a limited Company, is a manufacturer and seller of flash lights, dry cell batteries for use in flash lights and other articles. It carries on its business throughout India. It is the owner of the trade mark 'Eveready' which is registered in the register of trade marks under Nos. 6727 and 6728. The 'Eveready' flash lights which are in dispute in the present case have impressed on their bottom end caps the word 'Eveready'. The trade mark 'Eveready' is in block capital letters arranged in a distinctive pyramidal form. There are five groups of distinctive parallel indentations each group comprising of three parallel lines running vertically on both sides of the trade mark. The said groups are spaced and arranged in a distinctive manner with the words 'made in U. S. A.' appearing underneath the lower group of indentations. The shell of ...
Krishna Behari Goel Vs. Raj Mangal Persad and ors.
Court: Allahabad
Decided on: Sep-18-1953
Reported in: AIR1954All182
ORDERDesai, J.1. The applicant challenges the order of the trial Court impleading the opposite parties as plaintiffs along with the original plaintiff.2. The suit was instituted by Sukhhu against the applicant for an injunction to restrain him from interfering with his possession over certain occupancy tenancy. During the pendency of the suit Sukhhu died and Shrimati Surjita and others applied for being brought on the record as his legal representatives. While that application was pending they transferred their interest in the property in dispute to the opposite parties. Thereupon the opposite parties applied for leave of the Court to carry on the suit under Order 22, Rule 10. Their application was opposed by the applicant who contended that the assignment of occupancy rights in their favour by Surjita and others was invalid, that under Order 22, Rule 10 an assignee from the original plaintiff or defendant can be granted permission, but not an assignee from, a legal representative of t...
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