Allahabad Court January 1954 Judgments
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Shambhu Nath Vs. Hari Shankar Lal and ors.
Court: Allahabad
Decided on: Jan-05-1954
Reported in: AIR1954All673
Malik , C.J.1. This is a defendant's appeal against an order passed by the lower court directing that a decree be passed in terms of an award. The parties are brothers. On 17-8-1943, they entered into an agreement along with their mother Rajwanti and the dispute was referred to two arbitrators, Girdha-rilal and Madho Prasad. Within 10 or 12 days of the reference the two arbitrators started the work, gave notice to the parties and started recordingthe evidence. On 25-7-1949 Rajwanti died. On 31-8-1950 one of the brothers, Hari Shanker Lal, gave a notice to the arbitrators that they should proceed with the reference and give an award by an early date. On 1-10-1950, the award was given. Thereafter Hari Shanker Lal applied that the award be filed and made a rule of the court. The application was registered as a suit and notice was issued to Shambhu Nath and Kedar Nath, Shambhu Nath filed the following objections:(i) That the arbitrators had not complied with the provisions of Rule 2, Sched...
Ram Shankar Vs. Mst. Shyama and ors.
Court: Allahabad
Decided on: Jan-05-1954
Reported in: AIR1954All690
ORDERRandhir Singh, J. 1. This is an application in revision against an order passed by the learned Civil Judge, Unnao in certain proceedings under the Guardians and Wards Act. It appears that one Chandika died leaving two minor girls. The police came to the village and entrusted some property of the minors to one Ram Shankar, applicant. This property included a sum of Rs. 500/-. After the property had been made over to Ram Shankar, applications were made by various persons including Smt. Shyama for appointment of a guardian of the minors. Ram Shankar, applicant was also one of those who claimed to be a guardian of the minors. He also made an application for his own appointment as a guardian of the minors. In the application which he made, he definitely mentioned that the minors and their property were in his care. The court, however, ultimately appointed Smt. Shyama as the guardian of the minors, After the appointment had been made, Smt. Shyama made an application to the court praying...
Ram Nath Vs. Manna and anr.
Court: Allahabad
Decided on: Jan-04-1954
Reported in: AIR1955All230; 1955CriLJ662
ORDERKidwai, J.1. These are two connected revision applications, one being under the Code of Criminal Procedure and the other under Article 227 of the Constitution, directed against the order of Mr. K. Ray, Extra Magistrate, Barabanki, holding that he had no jurisdiction to proceed with the case and directing that it be sent to the Pancha-yati Adalat of Narauli for disposal.2. The facts which gave rise to these applications are that Ram Nath, against whom the opposite parties are stated to have a long-standing grievance with regard to a grove, was waylaid at about 11-00 a.m. in the fields of his village while proceeding to Razaganj Bazar and beaten with lathis. Two grievous injuries were caused, one of them being fracture of the little finger of the left hand and the other being a similar fracture of the index finger of the right hand. Altogether Ram Nath received 10 injuries and he was examined by the Medical Officer in charge of the dispensary at Rudauli on the same day. He was taken...
Bikram Singh Vs. Sumnehra
Court: Allahabad
Decided on: Jan-04-1954
Reported in: AIR1954All434
1. These three second appeals arise out of three suits for ejectment filed under Section 175 of the U. P. Tenancy Act, 1939. The plaintiff in all the three actions was Bikram Singh while the defendants were different. The plaintiff claimed that he was the 'sirdar' of the plots in suit, that the defendants were mere non-occupancy tenants, that he no longer wished them to continue as his non-occupancy tenants and that therefore he asked them to quit and that on their failure to do so he had filed the suits for their ejectment. The suits were filed in the year 1944. The defence was that the defendants were hereditary tenants and the plaintiff was not the landlord and had therefore no right to eject them. The trial Court decreed the suits on the 8th of February, 1946, The defendants filed appeals and the lower appellate Court allowed the appeals on the 21st of February, 1947 and the plaintiff thereafter came to this Court in second appeal.2. It is the common case of the parties that Harban...
Badri Prasad and ors. Vs. the State
Court: Allahabad
Decided on: Jan-04-1954
Reported in: AIR1954All591
ORDERKidwai, J. 1. This is an application under Section 561A, Criminal P. C. for expunging certain remarks contained in the judgment of the City Magistrate of Lucknow. A proceeding was going on against the applicants under Sections 107/117, Criminal P. C. On 15th May 1953 the learned City Magistrate passed the following order : 'As per S. O.'s report and the A. P. P. endorsement thereon of 15-5-1953 suggesting that there is no apprehension of breach of the peace now, the case is filed and the notices withdrawn with a warning to the accused that they shall not give any chance to the police to report danger to breach of the peace at any time in future. Should such an occasion, however, arise the S. O. shall take immediate N. A. Copy to S. O'. 2. It appears from a perusal of this order that an apprehension at one time existed of a breach of the peace and proceedings were, therefore, started under Sections 107/117. These proceedings continued for some time and written statements were filed...
Rasool and ors. Vs. Ramzan Ali
Court: Allahabad
Decided on: Jan-04-1954
Reported in: AIR1954All668
Randhir Singh, J.1. This is a defendant's second appeal arising out of a suit brought by the plaintiff for a mandatory injunction to require the defendant to close up a window opened by him in one of his rooms built on the upper storey on the ground that it overlooked the court-yard of the plaintiff's house and invaded the privacy of the occupants of the house.2. The defence in the case was that the window in the new room was at the place where one existed in the tiled apartment which stood at the place where the new room was built. The trial Court came to the conclusion that the new window had been opened at the place where the old one existed in the tiled apartment. The Court, therefore, dismissed the suit. The plaintiff then went up in appeal and the learned Civil Judge of Barabanki who heard the appeal reversed the finding of the trial Court and decreed the plaintiff's claim for the closure of the window. The defendant has now come up in second appeal.3. The question as to whether ...
Bipat Ram and anr. Vs. the State
Court: Allahabad
Decided on: Jan-04-1954
Reported in: AIR1954All671
ORDERHarish Chandra, J.1. This is a revision application against an order of the Sessions Judge, Gorakhpur, cancelling the bail of the applicants. It is said that he had no jurisdiction to do so.2. It appears that the learned Sessions Judge granted bail to the applicants in a case which was proceeding in his court against them. 17-8-1953, was fixed for the hearing of the case. They absented themselves and submitted medical certificates whicn were accepted and 30-9-1953, was fixed for the hearing of the case. But on 30-9-1953, they were again absent, and only a telegram was received by the court from one of them indicating that the other was ill. At the request of the District Government Counsel, the learned Sessions Judge cancelled the bail. I think he acted quite correctly. If an accused who has been granted bail misuses his liberty and absents himself without proper cause in a case proceeding before a court, that court has inherent jurisdiction to cancel the bail previously granted b...
Jang Bahadur Vs. Dist. Magistrate, Banaras and ors.
Court: Allahabad
Decided on: Jan-04-1954
Reported in: AIR1954All745
ORDERV. Bhargava, J.1. On 18-5-1950 a decree for ejectment of one Nand Lal tenant from shop No. CK25/8 mohalla Kaghzi Tola, Banaras was obtained by the landlord Krishna Chaitanya Goswami from the court of the II Additional Civil Judge, Banaras. On that very day the petitioner Jang Bahadur presented an application to the Assistant Rent Control and Eviction Officer for allotment of that shop in his favour. No order of allotment was passed on that application and on the 11th July 1950 the landlord sent an application dated 3rd July 1950 to the Assistant Rent Control and Eviction Officer, Banaras nominating opposite party No. 4 Faujdar Rai, as tenant of the shop under Rule 4 of the Rules framed under Section 17 of the United Provinces (Temporary) Control of Rent and Eviction Act, 1947 and requesting the Assistant Rent Control and Eviction officer to pass an order of allotment in favour of Faujdar Rai.On the 11th July 1950 the petitioner Jang Bahadur also made another application in the pre...
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