Allahabad Court October 1954 Judgments
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Dr. Ishwari Prasad Vs. Registrar, University of Allahabad and ors.
Court: Allahabad
Decided on: Oct-29-1954
Reported in: AIR1955All131
ORDERMootham, J.1. This is a petition under Article 226 of the Constitution which raises a question of constitutional law of considerable importance. It has involved the examination of a number of authorities, and I am indebted to learned counsel on both sides for the full and able arguments which have been addressed to me. The facts shortly stated are that the petitioner, Dr. Ishwari, Prasad, was a Professor in the University of Allahabad and Head of the Department of Political Science until the 13-3-1954, on which date he retired from the service of the University. He was also a member of the Academic Council of the University and, as such, was under head (vi) of Section 17 of the Allahabad University Act, 1921, an 'ex officio' member of the Court, which is the supreme governing body of the University.2. The executive body of the University is the Executive Council, the constitution of which is laid down in the Statutes to be found in Chap. II of the Statutes, Ordinances and Regulati...
Balram Misir Vs. Ram Ratan Misir and ors.
Court: Allahabad
Decided on: Oct-22-1954
Reported in: AIR1955All610
ORDERAgarwala, J.1. This is a plaintiff's application in revision and arises in the following circumstances: The applicant applied under Section 12, Agriculturists' Relief Act for the redemption of a usufructuary mortgage executed by the original zamindars of the plots on 14-3-1920 in favour of the father of the defendant-respondent Ram Ratan Misir for a sum of Rs. 90/-. On 13-3-1928 the original zamindars executed a perpetual lease in favour of the plaintiff-applicant, granting him the right to be in cultivatory possession of the plots in dispute generation after generation. He then applied under Section 12, Agriculturists' Relief Act for redemption of the usufructuary mortgage and alleged that the whole amount of the usufructuary mortgage had been paid up by the usufruct in excess of the legal rate or interest chargeable under the law.The main defence of the defendants opposite parties was that the plaintiff being a mere cultivatory tenant of the plots had no interest in the mortgage...
Jaddu Koeri Vs. Deep Chand Koeri and anr.
Court: Allahabad
Decided on: Oct-21-1954
Reported in: AIR1955All172
Asthana, J.1. One Khedu was the tenant of plots nos. 141 and 152. He mortgaged these plots with passession to one Bhuttoo by means of the mortgage deed dated 14-6-1908. Some time after the mortgage Khedu died. His son Deep Chand made an application under Section 12, U. P. Agriculturists' Relief Act for the redemption of the mortgage on the allegation that the mortgage debt was paid up from the usufruct of the mortgaged property. He also claimed possession over the above plots. Besides the mortgagee Bhuttoo one other person, viz., Jaddu Koeri whose name was entered in the revenue papers over the aforesaid plots was also impleaded as a defendant in the case on the allegation that he had been set up by the mortgagee and his name in the revenue papers was merely fictitious and that in fact the mortgagee Bhuttoo was in possession of the mortgaged property.2. The mortgagee Bhuttoo did not contest the suit. Jaddu Koeri alone contested the suit and his defence was that the plaintiff Deep Chand...
Sri Krishna Chandraji Vs. Shyam Behari Lal
Court: Allahabad
Decided on: Oct-21-1954
Reported in: AIR1955All177
Raghubar Dayal, J. 1. This is a reference under Section 6-C(l), Court Fees Act by the Chief Controlling Revenue Authority in Suit No. 114 of 1951, 'Thakur Shri Krishna Chandraji v. Shyam Behari Lal', in the Court of the First Civil Judge, Kanpur.2. Thakur Shri Krishna Chandraji and Bankey Behari Lal filed this suit against Shyam Behari Lal claiming several reliefs, the first two of which are:'(a) that it be declared that the plaintiff No. 2 is the sarbarakar of the plaintiff No. 1, (b) that the defendant be removed from the management of the temple of plaintiff No. 1 and the charge of the temple and movable therein be handed over to plaintiff No. 2 as sarbarakar on behalf of the plaintiff No. 1.' Court fee on relief, (a) was paid according to Schedule II, Article 17, clause (iii) and on relief (b) according to clause (vi) of the same Article of the Court Fees Act.3. The Inspector of Stamps reported to the Court concerned that the Court fee paid was insufficient and it ought to have bee...
Bharat Bhushan Vs. P.C. Saxena and anr.
Court: Allahabad
Decided on: Oct-20-1954
Reported in: AIR1955All82
ORDERM.L. Chaturvedi, J.1. This is a petition under Article 226 of the Constitution. The petitioner is one out of the four proprietors of a building known as Minarwa Cinema situate near Motor Stand in the Town of Jhansi. This house appears to have been constructed in the year 1942 and a lease was executed in favour of one Sri R. M. Modi of Bombay in the same year for a period of five years at a monthly rental of Rs. 450/- with an option that the lessee could renew the lease for another period of three years, but he would have to pay rent for the subsequent period at the rate of Rs. 550/- a month.Sri R. M. Modi died in the year 1946 and the four proprietors of the cinema building executed another lease in favour of Sri K. M. Modi, the brother of the deceased, and in this lease it was made clear that the lease would continue for eight years. The period of eight years expired on 31-5-1950. But it appears that Sri K. M. Modi continued to exhibit the cinema shows in this building till 30-4-...
Banarsi Das Vs. Cane Commr., U.P., Lucknow and anr.
Court: Allahabad
Decided on: Oct-20-1954
Reported in: AIR1955All86
ORDERM.L. Chaturvedi, J. 1. This is a petition under Article 226 of the Constitution.2. The petitioner Seth Banarsi Das was the lessee of Shiva Prasad Banarsi Das Sugar Mills, Bijnor, for five years. The period of his lease was to expire on 30-6-1951. The dispute in the present case is with respect to the commission payable by the petitioner to the respondent No. 2, namely, the Cane Marketting Society Limited, Bijnor, (hereinafter called the society) for the years 1949-50 and 1950-51.Under the U. P. Sugar Factories Control Act of 1938 and the Rules made thereunder, it was for the respondent No. 2 to first make an offer to the petitioner in Form No. 10 mentioned in the Rules of the quantity of sugarcane which the Society offered for sale to the Mills of which the petitioner was the lessee. After the offer an agreement was to be entered into between the two parties in the form of the agreement as given in Form No. 12.For the years 1949-50 and 1950-51 the Society made offers in Form No. 1...
Ram Sewak Vs. Election Tribunal and ors.
Court: Allahabad
Decided on: Oct-18-1954
Reported in: AIR1955All163
ORDERM.L. Chaturvedi, J.1. This is a petition under Articles 226 and 227 of the Constitution challenging the validity of an order of an Election Tribunal.2. Elections for membership of the Municipal Board, Konch, district Jalaun, were held on 26-10-1953. The Municipal Board was divided into a number of wards, and I am concerned in the present petition mainly with ward No. 7. From this ward three members were to be elected and there were a number of candidates, including the petitioner and respondents Nos. 2 to 4. The petitioner and respondent No. 2, namely, Ambika Prasad, secured equal number of votes, and the lots, therefore, had to be drawn. The draw went in favour of the petitioner and he was declared elected on 28-10-1953. Respondents Nos. 3 and 4 had secured a higher number of votes and they were, therefore, also declared to have been duly elected.Respondent No. 2 then filed an election petition, which has ended in his favour. The petition was moved on a number of grounds, but I a...
Mohd. MatIn Kidwai Vs. District Executive Engineer, N.E. Rly., Izatnag ...
Court: Allahabad
Decided on: Oct-18-1954
Reported in: AIR1955All180; (1955)ILLJ669All
Raghubar Dayal, J. 1. Mohammad Matin Kidwai, an employee of the Oudh Tirhut Railway, was dismissed from service sometime in 1945. He instituted a suit against the dismissal alleging it to be wrongful, and also for the arrears of salary due to him. The suit was decreed with respect to the alleged wrongful dismissal. It was decreed that his dismissal was wrongful. His suit for the arrears of the salary was dismissed. That litigation came to an end when this Court disposed of the second appeal in September 1952.Thereafter, the applicant was reinstated from 1-10-1952. He was not paid any salary or wages for the period from the date of dismissal to 30-9-1952. He filed an application under Section 15, Payment of Wages Act, 1936 to the proper authority claiming these unpaid wages amounting to over Rs. 12,000/-. This application was rejected by the authority in view of his opinion that the claim for the period 3-2-1945 to 23-4-1952 was time barred and that there was bona fide dispute with resp...
Har Dayal Singh Vs. Ram Ujagar Dube
Court: Allahabad
Decided on: Oct-18-1954
Reported in: AIR1955All416
Raghubar Dayal, J. 1. This is a reference under Order 46, Rule 1, Civil P.C., by the Judge, Small Causes, Saharanpur2. The plaintiff instituted a suit in the Court of the Munsif Saharanpur for the recovery of Rs. 124 as arrears of rent in respect of the accommodation in house No: 86/3 situate at Lucknow. The defendant did not reside at Saharanpur. The suit was instituted in Saharanpur because according to the plaintiff the defendant lessee had agreed to pay rent at the place of the plaintiff's posting. The plaintiff happened to be posted at Saharanpur & therefore he instituted the suit there. The defendant contended that the Saharanpur. Court had no jurisdiction to entertain this suit. The learned Munsif felt doubt on the legal position with respect to the jurisdiction, of the Court and, therefore, made this reference. 3. The suit would be cognisable by a Court at Saharanpur in view of Section 20, Clause (c), Civil P.C., as part of the cause of action would arise at Saharanpur on accou...
Brahma Metal and General Engineering Factory Vs. Bahadur Singh
Court: Allahabad
Decided on: Oct-15-1954
Reported in: AIR1955All182; (1955)ILLJ553All
Agarwala, J. 1. This is an employer's appeal under Section 30(1)(9), Workmen's Compensation Act. The respondent Bahadur Singh was employed in the Appellant's factory, the Brahma Metal and General Engineering Factory at Shamli, district Muzaffarnagar. He suffered injury in the course of his employment and claimed compensation. He was drawing a salary of Rs. 180/- per month and had free quarters, the rent of which has been valued at Rs. 18/- per month. The Commissioner had awarded compensation of Rs. 5,600/- to the respondent on the basis of the salary of Rs. 180/- plus the benefit of a free house of Rs. 18/-, total Rs. 203/- per month.2. The accident in which the respondent was injured happened on 5-5-1952. Upto January 1953, he was in the hospital and thereafter from 29-4-1953 upto the end of May, 1953 he was, according to his allegation, suffering from typhoid fever. On 29-5-1953, he made an application to the Commissioner upon which the Commissioner granted him compensation as stated...
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