Allahabad Court January 1954 Judgments
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Autar Singh and anr. Vs. State
Court: Allahabad
Decided on: Jan-20-1954
Reported in: AIR1954All461
ORDERRoy, J. 1. This is an application in revision by Autar Singh and Sewan Singh against an order dated 26-2-1952, passed by the learned Sessions Judge of Dehra Dun in proceedings under Section 197, Criminal P. C. 2. The case started on the complaint cf one Ringhna. He alleged in the complaint that he was a tenant of certain plots of land in village Archadea Grant; that on 25-7-1949, he had borrowed a certain sum of money from one Bakshi Amar Nath and had given the land to him for three years ending with Rabi 1358 Fasli; that on 9-5-1951, he had repaid the entire loan and Bakshi Amar Nath had put him back into possession of the land, and that when, he wanted to cultivate the land the applicants objected and became ready to use force. The complaint was filed before the Sub-Divisional Magistrate, Dehra Dun, who called for a police report. The Station Officer, Kotwali, reported that there was a dispute between Ringhna on one side and the applicants on the other and there was a likelihood...
Radha Kishan Anandeshwar Vs. Commr. of Sales Tax, U.P., Lucknow and or ...
Court: Allahabad
Decided on: Jan-20-1954
Reported in: AIR1954All553
ORDERV. Bhargava, J. 1. All these four writ petitions have been filed by persons carrying on business in Kanpur in various commodities, for example,. silver, gold, 'bardana', cerials etc. Proceedings are going on against all these petitioners for assessment of sales tax under the U. P. Sales Tax Act of 1948.The petitioners have filed these petitions praying for the quashing of the proceedings that are going on before the Sales Tax Officers on the allegation that the Sales Tax Officers are seeking to assess tax on the petitioners in respect of forward transactions only and taxation on such forward transactions is not permissible by law as held by a Division Bench of this Court in --'Budh Prakash Jai Prakash v. Sales Tax Officer, Kanpur', AIR 1952 All 764 (A).In dealing with these petitions, I have had considerable difficulty for the reason that the affidavits filed are not straightforward, do not give facts clearly and concisely and have not been properly verified. In almost all these c...
Ghissu Vs. Hashim Ali and anr.
Court: Allahabad
Decided on: Jan-20-1954
Reported in: AIR1954All683
Beg, J.1. This is a defendant's second appeal arising out of a suit for perpetual injunction and possession.2. The suit was brought by two persons as plaintiffs. It was brought on the allegation that plaintiff 1 had given a licence to the defendant to take away the crop of the grove on payment by the defendant of a yearly rent of Rs. 24/-. There was a further stipulation in the deed that the defendant would not be ejected so long as he continued to pay the yearly rent. The plaintiffs filed the suit alleging that the said licence had been revoked by plaintiff No. 1 and was no longer in force. In the alternative it was pleaded that plaintiff 2 who was a minor and was a co-sharer in the said grove being not a party to the said licence, the transaction was bad as a whole.3. The suit was resisted by the defendant on the ground that he was not a mere licensee and under the terms of the deed, he could not be ejected so long as he continued to pay the yearly rent. It was also pleaded on his be...
Jai Lal Vs. State Through Madhuri Saran and ors.
Court: Allahabad
Decided on: Jan-18-1954
Reported in: AIR1955All51; 1955CriLJ147
ORDERH.S. Chaturvedi, J.1. This application in revision arises out of proceedings under Section 145, Criminal P. C. An application under that section was made on behalf of the applicant Jai Lal against eight persons not including the opposite party Madhuri Saran. The Magistrate called for a police report and on a perusal of that report, on 21-9-1949, he passed the following order:'Police report perused. I am satisfied that there is an apprehension of the breach of peace. S. O. will please attach the land and crop, if any, and entrust it to some reliable sapurdar. Applicant to show the specific number of plots to the s. o.'Thereafter the attachment was made and after a report had been received from the police Indicating that the attachment had been made, the Magistrate after some delay, on 17-3-1950, passed the following order:'I am satisfied from the police report that there exists an apprehension of breach of peace between the parties. Issue notice under Section 145, Cr. P. C., to the...
Mushtaq Vs. State
Court: Allahabad
Decided on: Jan-15-1954
Reported in: AIR1954All580
Agarwala, J.1. Mushtaq and Kalwa, two boys aged 15 and 14 at the time of the commission of the offence, that is on 8-5-1950, were prosecuted under Section 376, I. P. C. on a charge of committing rape on, a girl of 11 years of age.2. The prosecution case was that on 8-5-1950, in the afternoon while the girl Dropadi and her brother Rup Chand were digging earth from a village pond, these two boys coming from an adjoining village were grazing their cattle nearby. The brother Rup Chand went away home, and they took advantage of the girl being alone and felled her down and committed rape on her, one after the other. When the girl's brother returned, he heard the cries of his sister and on running up found one of the boys committing rape on her and the other holding her by the hands. He raised an alarm and the two boys ran away. Other people came on the scene and they gave a chase to the boys and caught them and took them to the police station, where the first information report was lodged by...
Ram Chander Vs. Mohan Lal Tewari and ors.
Court: Allahabad
Decided on: Jan-13-1954
Reported in: AIR1954All457
ORDERV. Bhargava, J. 1. By this writ petition under Article 226 of the Constitution the petitioner seeks issue of a writ of mandamus directing the Rent Control and Eviction Officer, Kanpur, opposite party No. 3, the District Magistrate, Kanpur, opposite party No. 4, and the State of Uttar Pradesh, opposite party No. 5, not to give effect to the allotment order dated 12-7-1950, passed by opposite partyNo. 3. Opposite party No. 1, Mohan Lal Tiwari is the person in whose favour the allotment order was passed and opposite party No. 2, Panna Lal is the person who, according to the petitioner, is occupying the accommodation allotted by this order and whom the petitioner wants to retain us occupant of that accommodation. The petitioner claims to be the owner of the accommodation. The fact that the petitioner is the owner of the accommodation is not contested by the opposite parties. The only opposite party who filed a counter-affidavit is opposite party No. 1 Mohan Lal Tewari. No counter-affi...
Ramdeo Singh and ors. Vs. the State
Court: Allahabad
Decided on: Jan-13-1954
Reported in: AIR1954All486
ORDERV. Bhargava, J.1. This is a reference by the learned Additional Sessions Judge of Jaunpur, recommending that this Court be pleased to set aside the orders of the Panchayati Adalat and the learned Sub-Divisional Magistrate and to quash the proceedings. The learned Sessions Judge has purported to make this reference under Section 438, Criminal P. C. on the basis of an application presented before him for exercise of his powers under Section 435, Criminal P. C.2. The reference raises only one question and is whether the orders of the Panchayati Adalat and of the Sub-Divisional Magistrate under the U. P. Panchayat Raj Act can be subject to revision under Sections 435 to 439, Criminal P. C. In making this reference the learned Sessions Judge has referred to -- 'State v. Gaya Din Tewari', Criminal Ref. No. 388 of 1950 (A), which was accepted by a learned Single Judge of this Court though it was made against the proceedings before a Panchayati Adalat. The learned Judge has further relied...
State Vs. Ram Lakhan and ors.
Court: Allahabad
Decided on: Jan-13-1954
Reported in: AIR1954All680
Agarwala, J. 1. This is a reference by the learned Assistant Sessions Judge of Faizabad under Section 307, Criminal P. C.2. On 20-4-1948 polling was held at Iltifatganj School building in connection with the District Board Elections. The two main parties in the field were the Congress Party and the Socialist party. It appears that at first there was some quarrel between the two parties and then a riot broke out. Several persons received injuries. One Udaibhan Singh, Head Constable, was hit in the eye and lost it.Two cross cases were challaned by the police. We are concerned with only one of the cross cases in which the accused seemed to belong to the Socialist party and in this case 18 accused were committed to stand their trial for offences under Sections 147, I. P. C., 323 read with 149 I. P. C., 333 read with 149, I. P. C., and 426 read with 149, I. P. C. They were tried with the aid of five jurors who acted as assessors also. 'Under Section 323 read with 149, I. P. C., and 333 read...
Baseshwar Dayal and anr. Vs. Mst. Bhagwati Devi and ors.
Court: Allahabad
Decided on: Jan-13-1954
Reported in: AIR1954All742
Maik, C.J. 1. These four Civil Revisions under Section 75 of the Provincial Insolvency Act, 1920 (Act 5 of 1920) can be disposed of by one judgment. 2. L. Bisheshwar Dayal and Dhanushdhari Kirpal were adjudicated insolvents in the year 1928. The Official Receiver in possession of the estate of the insolvents paid by instalments a sum of Rs. 28,678/- odd to the creditors of the insolvents. The total debts entered in the schedule amounted to Rs. 1,49,190/- odd. The insolvency proceedings had been pending till 1945 and the insolvents, it is said, approached a relation or friend of theirs who advanced them a substantial sum of money and from that amount the insolvents paid a total sum of Rs. 69,928/- odd to some of the creditors in full satisfaction of their debts, Debts to the extent of Rs. 47,611/- odd entered in the schedule remained unpaid and as the creditors refused to accept the amount out of Court that amount was deposited in Court and in November, 1945 an application for annulment...
Chander Bhan Agarwal Vs. Sales Tax Officer Ii, Agra and anr.
Court: Allahabad
Decided on: Jan-12-1954
Reported in: AIR1954All448
ORDERV. Bhargava, J. 1. I have heard learned counsel for the petitioner in support of this petition under Article 226 of the Constitution praying for the issue of a writ of prohibition directing the Sales Tax Officer, Agra, not to proceed further with the assessment proceedings relating to the assessment of the petitioner under the U. P. Sales Tax Act. A notice was issued by the Sales Tax officer calling upon the petitioner to file the returns of histurnover for the year 1952-53 and at the same time to appear and produce the account books before him on 30-12-1953. The petitioner in reply to this notice sent an application to the Sales Tax Officer on 30-12-1953 asking to be relieved from the order directing him to file the account-books. This application was rejected by the Sales Tax Officer on 4-1-1954, and consequently this petition has been moved before this Court.2. The first point to be noticed is that the notice dated 21-12-1953 required the petitioner todo two things. He was requ...
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