Allahabad Court March 1954 Judgments
Rani Raj Rajeshwari Devi Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: Mar-30-1954
Reported in: AIR1954All608
Kidwai, J.1. The petitioner, referred to in these proceedings as the Rani is the widow of Thakur Jai Inder Bahadur Singh, late Taluqdar of Mahewa who died on 14-11-1349.2. on 1st July, 1923 Jai Inder Bahadur made a gift to the Rani of 8 villages assessed to a Government Revenue of Rs. 10,000/. Subsequently the Rani purchassed other properties also and was in possession of them till 11-5-1934 when the Court of Wards, U. P., assumed superintendence of her estate by virtue of declaration made by the Government under Section 8(1) (b) of the U. P. Court of Wards Act. When the new constitution of India came into operation, the Court of Wards was in possession and the Rani does not seem to have raised any legal objection to this continued possession, though after the death of her husband, she repeatedly petitioned the Government to release her estate on the ground that she could manage it herself.3. On 2-4-1952 a decision was pronounced by a Division Bench of this Court -- vide Mrs. A. Crackn...
Tag this Judgment!Hubraj Singh and ors. Vs. Mst. Rama Dasi Kuer and anr.
Court: Allahabad
Decided on: Mar-29-1954
Reported in: AIR1954All719
Malik, C.J. 1. This appeal was referred to a Bench by a learned Single Judge on 8-5-1951. The only point raised by learned counsel for the appellant is that the suit was not cognizable by the civil Court. The respondents here had filed Suit No. 20 of 1947 in the Court of the learned Civil Judge, Azamgarh on 25-4-1947. It is admitted by learned counsel for the appellant that on the date when the suit was filed it was cognizable by the learned Civil Judge. On 3-6-1947, however, the plaint was rejected as the court-fees paid was insufficient. On 5-7-1947, the plaintiff applied for restoration and was granted time to pay the deficiency up to the 14th July. Again, on the 14th July the deficiency in court-fees not having been made good the plaint wasrejected. On the 26th July, however, the previous order was set aside, the plaint was restored to its. original number, and on 28-7-1947 the deficiency was made good. On 15-6-1947, however, the U. P. Tenancy (Amendment) Act, 1947 had come into fo...
Tag this Judgment!Lakshmi Devi Sugar Mills Ltd. Vs. U.P. Government and ors.
Court: Allahabad
Decided on: Mar-29-1954
Reported in: AIR1954All705
ORDERV. Bhargava, J. 1. The petitioner, Lakshmi Devi Sugar Mills, Ltd., Chitauni, District Deoria, is an incorporated company engaged in the manufacture of sugar at Chitauni in the district of Deoria and Had, amongst its employees, opposite party No, 3, Ram Nath Koeri, during the first quarter of the year 1948. In the month of April, 1948, the services of Ram Nath Koeri were terminated by the petitioner company on the allegation that he had been deliberately absent for a long time without permission and his name was accordingly struck off from the register of employees. Opposite party No. 4, the Chini Mill Mazdoor Sangh, Chitauni, district Deoria, thereupon applied to the Regional Conciliation Board (Sugar), Gorakhpur, for the re-instatement of Ram Nath Koeri on 16-6-1948. That application was made under the U. P. Industrial Disputes Act (U. P. Act 28 of 1947) read with the order of the State Government contained in Notification No. 781(L)/XVIII, dated 10-3-1948. The Board entertained ...
Tag this Judgment!Babbu Vs. State
Court: Allahabad
Decided on: Mar-26-1954
Reported in: AIR1954All633
Roy, J. 1. The appellant Babbu alias Babu Ram has been convicted by the learned Additional Sessions Judge of Farrukhabad under Sections 307 and 309, I.P.C. He preferred an appeal to this Court. The appeal was heard by a learned single Judge on 26-10-1953. The learned single Judge has referred the following question for decision by this Bench:'Whether the statement Ex. P. 8 could be admitted in evidence as a confession in view of the decision of their Lordships of the Privy Council in -- 'Nazir Ahmad v. King Emperor , after such a statement has been ruled out as inadmissible under Section 32, Evidence Act?'2. The appellant was charged with having assaulted his wife with a gandasa and having caused her serious injuries. He was further charged of having inflicted injuries on himself in order to end his own life after he had assaulted his wife. Both the appellant and his wife were found lying injured and almost in an unconscious state by some people and then report of the incident was made...
Tag this Judgment!Swami Hariharanand Saraswati and ors. Vs. the Jailor I/C Dist. Jail, B ...
Court: Allahabad
Decided on: Mar-24-1954
Reported in: AIR1954All601
Mukerji, J.1. This is a petition by 26 persons under Article 226 of the Constitution for a writ in the nature of 'habeas corpus'. The petitioners also founded their application under Sections 491 and 561A, Criminal P. C.2. On 16th March 1954, we pronounced the operative portion of our judgment directing release of the petitioners for we were of the opinion that the petitioners' detention in jail was illegal.3. The petitioners before us belong to what is known as the Savarna Sanatan Dharmis of the Hindu fold and they are the residents of Banaras and are believers in the strict and the orthodox tenets of the Sanatan Dharma. There is, as is well known, an ancient and a very holy temple of the deity of Sri Vishwanath at Eanaras. This temple undoubtedly is ancient and the deity en-shrined therein is held in the highest esteem by the Hindus and it attracts pilgrims from far and wide. The worship in the temple is carried on according to strict Shastric precepts and it is the belief of the Hin...
Tag this Judgment!Swami Hariharanand Saraswati and ors. Vs. the Jailor I/C Dist. Jail
Court: Allahabad
Decided on: Mar-24-1954
Reported in: 1954CriLJ1317
Mukerji, J.1. This is a petition by 26 persons under Article 226 of the Constitution for a writ in the nature of 'habeas corpus'. The petitioners also founded their application under Sections 491 and 561A, Criminal P.C.2. On 16th March 1954, we pronounced the operative portion of our Judgment directing release of the petitioners for we were of the opinion that the petitioners' detention in jail was illegal.3. The petitioners before us belong to what is known as the Savarna Sanatan Dharmis of the Hindu fold and they are the residents of Banaras and are believers in the strict and the orthodox tenets of the Sanatan Dharma. There is, as is well known, an ancient and a very holy temple of the deity of Sri Vishwanath at Banaras. This temple undoubtedly is ancient and the deity enshrined therein is held in the highest esteem by the Hindus and it attracts pilgrims from far and wide. The worship in the temple is carried on according to strict Shastric precepts and it is the belief of the Hindu...
Tag this Judgment!Gopal Das and ors. Vs. Mst. Parbhawati Devi
Court: Allahabad
Decided on: Mar-23-1954
Reported in: AIR1954All644
Malik, C.J. 1. Rajendra Lal and Pande Lal, Gopal Lal and others applied under Section 4, Encumbered Estates Act. In the list of debts it was mentioned that certain amounts were due and had been borrowed from the appellants on the security of certain ornaments. The list of ornaments was given in lists A, B, C and D of the application. An objection was filed by Parbhawati Devi that these ornaments were her 'stridhan' property and did not belong to the landlord-applicants. The objection was considered by the learned special Judge who held that certain ornaments, mentioned in the order of the learned Judge, were stridhan property of Parbhawati Devi. Her objection was allowed as regards those ornaments but her claim to the rest of the ornaments was dismissed. The creditors filed an appeal while on behalf of Parbhawati Devi a cross-objection was filed in this Court. 2. So far as the facts are concerned, learned counsel have not been able to satisfy us that the decision of the lower court on ...
Tag this Judgment!Jagannath Prasad Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-22-1954
Reported in: AIR1954All629
Mootham, J.1. This is a petition under Article 226 of the Constitution which gives rise to a question of some constitutional importance.2. The petitioner held the substantive rank of Inspector of Police. In 1946 he was appointed to the Anti-Corruption Department and in the following year he was promoted to the officiating rank of Deputy Superintendent of Police.In January, 1948, an anonymous letter was received by the Inspector-General of Police making charges against the petitioner. After making certain confidential enquiries the Inspector-General formed the opinion that the petitioner's conduct required investigation and he directed the Deputy Inspector-General of Police, Criminal Investigation Department, to take the necessary action. At the same time he placed the petitioner under suspension and reverted him to his substantive rank of Inspector.3. Under the orders of the Deputy Inspector-General of Police an enquiry was conducted by Sri Sri Krishna, Superintendent of Police, Anti-C...
Tag this Judgment!Mohan Lal and ors. Vs. Mst. Bhudevi and ors.
Court: Allahabad
Decided on: Mar-17-1954
Reported in: AIR1954All588
Malik, C.J. 1. These two cases arise out of one suit and the two appeals have been filed by two different sets of defendants. One Kundan Lal was the owner of the property in suit. He had two sons and two daughters. The sons were Nathu Ram and Sunder Lal and the daughters, Asharfi and Bhudevi. Nathu Ram predeceased his father and on the death of Kundan Lal the entire property was inherited by Sunder Lal. The daughter Asharfi died without any issue and Bhudevi is the plaintiff. Nathu Ram died leaving two daughters, Anandi Devi and Premvati who were married respectively to Suraj Bhan and Gyan Chand. Sunder Lal also died. Imarti Devi, defendant No. 4 was his widow. On 1-7-1944, she remarried one Raj Bahadur of village Dhansari. A few months before her remarriage on 31-3-1944, Imarti Devi sold the residential house to Smt. Gomti, defendant, No. 1, for Rs. 2,500/- and on 23-6-1944, she sold the shop to Mohan Lal and Ram Charan for Rs. 4,000/-. Ram Charan is dead and his legal representatives...
Tag this Judgment!Ranvir Singh Vs. Dist. Inspector of Schools, Allahabad and anr.
Court: Allahabad
Decided on: Mar-17-1954
Reported in: AIR1954All636
ORDERV. Bhargava, J.1. By this petition under Article 226 of the Constitution, the petitioner who was a student of Class XII in the Ewing Christian College, Allahabad has sought the issue of a writ in the nature of mandamus directing the opposite parties, the Inspector of Schools, Allahabad and the Secretary, Board of High School and Intermediate Education, Allahabad to hand over the applicant's admission card for the Intermediate Examination 1953-54 and not to prevent him from taking the Examination.2. In the affidavit filed in support of the petition, the petitioner has alleged that besides being a student of the Ewing Christian College, Allahabad he was an inmate of the Turner Hostel attached to the College.In connection with the Saraswati Puja on the Basant Panchami day, the Warden of the hostel got seriously annoyed with the petitioner. The Principal of the institution was also annoyed with the petitioner on the same ground. On the 15th February 1954 the Warden of the hostel sent ...
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