Allahabad Court January 1954 Judgments
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Mukhtar Singh Vs. Board of Revenue U.P. at Allahabad and anr.
Court: Allahabad
Decided on: Jan-12-1954
Reported in: AIR1954All454
ORDERV. Bhargava, J.1. I have heard learned counsel for thepetitioner in support of this petition under Article 226 of the Constitution. The petitioner seeks to challenge an order of the Board of Revenue on three grounds.The first two grounds amount to an allegation that the Board of Revenue in deciding the case before it went wrong in applying the provisions of Section 20, U. P. Zamindari Abolition and Land Reforms Act to the plaintiff's case and in holding opposite party No. 2 to be an Adhivasi under that section. Learned counsel has urged that this is an error of law apparent on the face of the record and consequently in such a case a writ of certiorari can be issued by this Court.The question of interpretation of Section 20, U. P. Zamindari Abolition and Land Reforms Act and its applicability to the proceedings before the Board of Revenue is a point which was with-in the competence of the Board of Revenue to decide and the Board of Revenue could decide it rightly or wrongly. An inc...
Babu Ram Vs. Co-operative Seeds Store and ors.
Court: Allahabad
Decided on: Jan-12-1954
Reported in: AIR1954All490
ORDERV. Bhargava, J.1. This is a petition by one Babu Ram under Article 226, Constitution of India directed against the Co-operative Seeds Store, Sakit, district Etah, the District Co-operative Officer, Etah the Registrar, Co-operative Societies, Lucknow, the Collector of Etah, the State of Uttar Pradesh, and Damodar Das Attra. Babu Ram petitioner alleged that he was a member of a registered society known as the Co-operative Seed Store, Sakit, district Etah which has been impleaded in these proceedings as opposite party No. 1. It, however, appears from the counter-affidavit that there is no registered society of the name of the Sakit Co-operative Seed Store, Sakit, district Etah.There is, in fact, a registered society known as the Co-operative Sahkari Sangh Sakit, district Etah, and this registered sooiety hereinafter referred to as Sangh owns a Co-operative Seed Store, Sakit, district Etah, under which name the business of the seed store is carried on by the Sangh. This averment in th...
Dhondhey Prasad Vs. Sewak and ors.
Court: Allahabad
Decided on: Jan-12-1954
Reported in: AIR1954All739
Beg, J. 1. This appeal arises out of execution proceedings. 2. It would appear that a mortgage decree was passed in favour of three brothers, namely, Ram Sewak, Ram Sudhist and Ram Naresh against one Sewak, minor, who is respondent No. 1 in this appeal. After the said decree was passed, a two-third share belonging to two of the brothers, namely, Ram Sewak and Ram Naresh was paid off and only the remaining one-third share belonging to Ram Sudhist remained unsatisfied. Dhondhey Prasad son of Ram Sudhist put in an application for execution In respect of the entire amount of the decree. An objection was made on behalf of the judgment-debtor that the two-third share belonging to the two other decree-holders having been paid off and satisfaction in respect of the said payment having been recorded by the Court, execution should be allowed to proceed only in respect of the remaining one-third share belonging to the applicant decree-holder. On behalf of the decree-holder, it was argued that pay...
Sheo Prasad Vs. Dominion of India
Court: Allahabad
Decided on: Jan-11-1954
Reported in: AIR1954All747
Malik, C.J.1. This case has been- argued at great length but the point involved in the Civil Revision is a very short one: Certain goods were consigned from Chandpur Ghat to Allahabad. The consignment was deliverable to self. The railway receipt was, however, endorsed in favour of the plaintiff who took delivery of the goods and found that there Was a shortage of 2 maunds and 7 seers. The value of the shortage was Rs. 174/-. The plaintiff filed a suit for recovery of the amount.2. On behalf of the defendant it was denied that the plaintiff was entitled to maintain the suit.3. The plaintiff, in the witness-box, stated that the consignor had sent the goods to him for sale. The exact words were as follows:'He (the consignor) kept the goods into my 'arhat' to sell it and pay its price to him after deducting my commission.'After the plaintiff examined himself no other evidence was given and the lower Court dismissed the suit on the ground that the plaintiff was not the owner of the goods an...
Durga DIn Vs. Smt. Rani Udai Kunwar
Court: Allahabad
Decided on: Jan-08-1954
Reported in: AIR1954All579
ORDERRandhir Singh, J.1. This is an application in revision against the order of the Additional Sessions Judge of Sitapur dismissing an application in revision against the order passed under Section 145, Criminal P. C., by the sub-Divisional Magistrate, district Sitapur.2. It appears that Smt. Rani Udai Kuar was in possession of certain plots in lieu of maintenance and in which she had 'sir' rights. Durga Din applicant was in possession of these plots sometime before 1945, but he was ejected under a decree of the Court and possession was delivered to Rani Udai Kuar. In February, 1950, Rani Udai Kuar made an application to the Sub-Divisional Magistrate complaining that Durga Din was trying to cut away the crop from the plots which belonged to her and that there was a likelihood of a breach of the peace. The Sub-Divisional Magistrate then asked the Station Officer to make an inquiry and report. He also directed the Sub-Inspector to make an attachment of the crop and plots if he found tha...
Rekh Chand Nop Chand Through Phul Chand Vs. the Governor-general in Co ...
Court: Allahabad
Decided on: Jan-07-1954
Reported in: AIR1954All495
Malik, C.J.1. 220 bales of piece-goods cloth were sent to Khurason Railway Road station in the district of Azamgarh and the consignee was the plaintiff, Messrs. Rekh Chand. The consignment arrived at the railway station and open delivery was obtained by the plaintiff on 24-7-1946. It was found that there was a shortage in the quantity of clothdelivered and the value of such shortage was Rs. 262-3-0. The plaintiff claimed this amount asdamages with interest and certain other expenses that he had to incur in serving notices. The lower Court held that it was proved that the plaintiff had suSered damages to the extent of Rs. 304-7-3. Notice under Section 80, Civil P. C. had been sent by registered post to the Governor-General in Council and the acknowledgment due receipt was filed by the plaintiff. It was however held by the lower Court that inasmuch as it was not stated in the plaint that the notice had been delivered or 'left' at the office of the Governor-General the plaint was defectiv...
Salig Ram and anr. Vs. Smt. Tarawati
Court: Allahabad
Decided on: Jan-07-1954
Reported in: AIR1954All594
ORDERRandhir Singh, J. 1. These are two applications in revision against the order of the Sessions Judge of Lucknow dated 10th January 1953, refusing to interfere with an order dated 25th October 1952, passed by aMagistrate, first class, on an application made by Smt. Bitia.2. As the facts of this case are a trifle complicated it would be useful to make a brief reference to them before entering into a discussion of the points raised on behalf of the applicants.3. A complaint under Section 406 of the Indian Penal Code was made by one Smt. Taravati on the allegations that certain ornaments and a box had been entrusted by her in the company of her adoptive mother Smt. Jamna Devi sometime in 1948, to Salig Ram and Smt. Bitia for safe custody and that they failed to return the property to her and therefore committed criminal breach of trust. The defence of Salig Ram and Smt. Bitia was that the entrustment of the articles had been made by Smt. Jamna Devi and not by Smt. Taravati. It was also...
Newspapers Ltd., Allahabad Vs. State Industrial Tribunal, U.P., Allaha ...
Court: Allahabad
Decided on: Jan-06-1954
Reported in: AIR1954All516; (1954)IILLJ263All
V. Bhargava, J.1. The petitioner and the opposite-parties in both these writ petitions are identical and both of them relate to the same subject-matter and have, therefore, been heard together.Both the petitions were filed by the Newspapers Limited, Allahabad, alleging that opposite party No. 3, Tejammul Husain, who was employed in the petitioner's company as a Lino operator, was in the interest of maintaining discipline among the workers who had made complaints against him, dismissed by the petitioner in accordance with Rule 12 (ii) of the standing orders of the workers of the petitioner's company. This order of dismissal was passed on 8-5-1952. Thereupon, a representation was made regarding the propriety of this order of dismissal to the Regional Conciliation Officer, Allahabad, by the U. P. Working Journalists' Union, Lucknow, through one R. K. Sharma who claimed to be its President though Tajammul Husain was not a member of the Union and the Union had nothing to do with the employe...
Kapildeo Upadhya Vs. State
Court: Allahabad
Decided on: Jan-05-1954
Reported in: AIR1954All557
ORDERHarish Chandra, J. 1. These are two applications in revision arising out of Sessions Trials Nos. 35 and 36 of 1951 pending in the Court of the Assistant Sessions Judge, Banaras, on behalf of Sri Kapildeo Upadhya. He was an employee of the Water Works Department at Banaras and charges under Sections' 466, 409 and 477A, Penal Code have been framed against him in each case. The Committing Magistrate, when he committed these cases to the Court of Sessions, charged him in S. T. No. 35 with three offences of forgery alleged to have been committed by the applicant with respect to certain documents between 28-2-1947 and 13-3-1947 and also with having committed the offences of falsification of accounts and criminal breach of trust between the same dates. In Sessions Trial No. 36, he similarly charged him with having committed three offences of forgery with respect to certain documents between 1-11-1945 and 31-3-1946. He charged him in this case also with offences under Sections 477A and 40...
Brij Kishore Lal Vs. SatnaraIn Lal and ors.
Court: Allahabad
Decided on: Jan-05-1954
Reported in: AIR1954All599
Randhir Singh, J. 1. This is a plaintiff's second appeal against the judgment and decree of the Additional Civil Judge of Sultanpur dismissing the suit which had been decreed by the trialcourt. 2. The facts of the case are simple. Sat Narain Lal respondent No. 1 brought a suit in the year 1941 for the partition of some tenancy holding and groves standing thereon, against the appellant and some others who are respondents in this case. He claimed a half share in the land and grove. Tne plaintiff was a minor and is said to have been represented by his elder brother Newal Kishore as guardian in that suit. The suit was contested and was ultimately decreed. The unsuccessful party went in appeal and the decree passed by the trial Court was affirmed in appeal. On 23rd March, 1946, the appellant instituted the suit, which has given rise to this appeal, for a declaration that the decree passed in the earlier suit instituted by Sat Narain Lal against him was not binding on him and that it was nul...
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