Allahabad Court February 1954 Judgments
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Ram Udit and anr. Vs. Smt. Shyam Kali
Court: Allahabad
Decided on: Feb-05-1954
Reported in: AIR1954All751
Sapru, J.1. This second appeal raised an interesting question of law. In order that that question may be properly understood, it is necessary to set out the facts which have given rise to the appeal.2. The plaintiffs instituted the suit as members of a joint Hindu family for possession of certain zemindari and house property. Their case was that they were entitled to a two-thirds share of the property. The suit was resisted by the defendant who is the widow of the plaintiff's brother. Her case was that her husband was separate from the plaintiffs and that on his death, she became entitled to the property.3. The trial Court decreed the suit holding that the family was joint and not separate. The defendant went in appeal to the lower appellate Court. The learned Civil Judge allowed the appeal, dismissed the suit so far as the zemindari property is concerned and remanded the case for a fresh trial about property No. 6 mentioned in the list attached to the plaint. The plaintiffs have now c...
H.P. Khandewal and anr. Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Feb-04-1954
Reported in: AIR1955All12
Mootham, J. 1. These are six petitions under Article 226 of the Constitution in which common questions of law arise and which can conveniently be dealt with in a single judgment. The petitioners challenge the validity of certain sections of the U. P. Land Acquisition (Rehabilitation of Refugees) Act, 1948 (U. P. Act 26 of 1948).2. That Act came into force on 5-6-1948. The purpose of the Act, as stated in the preamble is to enable land to be acquired for the rehabilitation of refugees from Pakistan and to prescribe an expeditious procedure for the determination of the compensation to be paid on account of such acquisition. The Act in fact makes provision both for the requisition and acquisition of land, but it is only with the latter that we are concerned in these petitions. Section 5 of the Act provides that a 'builder' (as defined in the Act) may ask the State Government to acquire specified land for the purpose of erecting buildings, shops and workshops for the rehabilitation of refu...
Baldeo and ors. Vs. the State and anr.
Court: Allahabad
Decided on: Feb-04-1954
Reported in: AIR1954All650
ORDERRaghubar Dayal, J. 1. This is an application under Article 227 of the Constitution for quashing the order of the Panchayati Adalat, Derapore, Kanpur, convicting the applicants of offences under Sections 352, 447 and 426, I. P. C. 2. Two points are taken in this application: One is that the judgment was signed by four Panches and not by all the five panches who constituted the bench for the trial of this case; the second point is that no offence was made out on the allegations of the complainant. 3. The complainant alleged that the accused-applicants had demolished his cattle-trough which stood on the land in front of his house, that the accused placed some 'jhankars' over that land in front of the house and on the complainant's asking them to remove them they were prepared to fight. These allegations, if proved to the satisfaction of the court, could establish the offences of which the applicants have been convicted. It was not necessary for the court to hold that the land in fron...
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