Allahabad Court August 1954 Judgments
Ram Manohar Lohia Vs. the Supdt., Central Prison, Fatehgarh and anr.
Court: Allahabad
Decided on: Aug-27-1954
Reported in: AIR1955All193; 1955CriLJ623
Desai, J.1. This is an application by Dr. Ram Manohar Lohia for a writ of 'habeas corpus'. He is being prosecuted on two charges, each of committing an offence under Section 3, U. P. Special Powers Act, 14 of 1932. He contends that the Act, and particularly Section 3 of it, stands repealed under Article 13 of the Constitution on account of its being inconsistent with the provisions of Article 19.2. The applicant is the General Secretary of the Praja Socialist Party of India. The Government of Uttar Pradesh has increased irrigation rates for water supplied from canals to cultivators and the Praja Socialist Party of Uttar Pradesh is carrying on an agitation against the increase on the ground that it places an unbearable burden upon the cultivators who are adversely affected by the progressive fall in prices of foodgrains. The applicant visited Farrukhabad in connection with the agitation and addressed two public meetings on 4-7-'54, one at Kaimganj at 4 p. m. and the other at Farrukhabad...
Tag this Judgment!Kanpur Oil Mills Harriesganj Vs. Judge (Appeals) Sales Tax, Kanpur Ran ...
Court: Allahabad
Decided on: Aug-26-1954
Reported in: AIR1955All99
ORDERV. Bhargava, J.1. The petitioner, Messrs. Kanpur Oil Mills, Harrisganj, Kanpur, is a firm carrying on the business of manufacturing oils and dealing in them. During the assessment year 1949-50, the firm filed returns for assessment of sales tax under the U. P. Sales Tax Act and an order of assessment was passed by the Sales Tax Officer, Kanpur, on 28th February, 1951. Amongst sales effected by the petitioner were certain transactions in which the purchasers belong to places outside the State of Uttar Pradesh and delivery of goods was also effected to them outside the State of Uttar Pradesh. In a number of cases, the goods, which were sent by rail, were booked by the petitioner, showing itself as the consignee of the goods. Thereafter, in some cases, the railway receipts were sent to the purchasers through the banks and, in some cases, direct to the purchasers. The Sales Tax Officer, when making the assessment, exempted from tax the turn-over in respect of all sales in which the ra...
Tag this Judgment!Purushottam Chandra Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Aug-26-1954
Reported in: AIR1955All106
ORDERV. Bhargava, J.1. This petition under Article 226 of the Constitution has been presented by Purushottam Chandra who was elected as a member of the Municipal Board of Ghaziabad on 1-11-1953.2. It appears that some land within the limits of the Municipal Board of Ghaziabad was acquired under the Land Acquisition Act for the development schemes of the municipal board by a notification issued in the U. P. Gazette on 10-7-1947. On part of this land, the petitioner started constructions which he called a 'Dharamshala'. These constructions were started without complying with the provisions of S. 178, U. P. Municipalities Act, 1916. A statement about compensation payable to the owners of the land was prepared and sent with a report by the Land Acquisition Officer to the Collector. That report is dated 14-10-1952. The report mentions that, on this land, a building known as Dharamshala, constructed by the petitioner, was standing. The officer, sending the report, was of the opinion that sin...
Tag this Judgment!Faqira Vs. State
Court: Allahabad
Decided on: Aug-26-1954
Reported in: AIR1955All321; 1955CriLJ884
Roy, J. 1. Faqira, son of Nazar, aged 30 years, resident of Rardhana, within police circle Kithore, district Meerut has been convicted under Section 302, I. P. C., and sentenced to death for having committed the murder of his cousin Masit Ullah, alias Bholi on 21-3-1953 at about 2 p.m. He has preferred this appeal from his conviction and sentence and there is also the usual reference by the learned Sessions Judge for the confirmation of the sentence of death.2 The case for the prosecution was that on the day in question gram crop was being harvested from the field of one Liaqat by the deceased and by Hafiz alias Fiza, the real brother of the appellant and by others. At about mid-day an altercation took place between the deceased and Hafiz on the question as to who should cut which portion of the standing crop. The dispute was, however, resolved by the other persons who were working on the same field and the two continued to reap the crop till about 2 p.m. It is said that at that time F...
Tag this Judgment!Banarsi Das and ors. Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Aug-24-1954
Reported in: AIR1955All33
ORDER1. This writ petition has been filed on behalf of 734 applicants who have impleaded as opposite parties the State of Uttar Pradesh, Minister for Revenue and Agriculture, U. P., Land Reforms. Commissioner, Uttar Pradesh, Lucknow, Collector of Meerut, Collector of Muzaffarnagar, ten Sub-Divisional Officers of various sub-divisions in Meerut, Muzaffarnagar and Ghaziabad as also 609 persons who have been appointed Lekhpals.2. A preliminary objection was raised by the learned Standing Counsel that an application by 734 petitioners against 609 Lekhpals would give rise to confusion as the facts may not be same in every case and the considerations that might have weighed in each case might have been different.3. It is, however, not necessary to go into the preliminary objection as Mr. Pathak has stated that he will not go into the individual cases of the 734 petitioners or the 609 Lekhpals but would confine himself to general questions which affect them all.4. In the State of Uttar Prades...
Tag this Judgment!S.M. Jaffry Vs. the State
Court: Allahabad
Decided on: Aug-24-1954
Reported in: AIR1955All318; 1955CriLJ767
ORDERHarish Chandra, J.1. The opposite party filed a complaint alleging that the applicant was the Editor, Printer arid publisher of an Urdu Weekly, 'Khadim', and in the issue of 26-8-1952 of that paper he had published defamatory matters concerning the opposite party and had also made verbal defamatory allegations against him. After this complaint was filed he was examined by the magistrate under Section 200, Criminal P. C., but his examination was not a proper one. In his examination he stated that the facts which were alleged in the complaint were correct and after his examination the accused was summoned and the opposite party was asked to produce his evidence in support of his case. He examined certain witnesses and also filed the issues in which the alleged defamatory matters had been published against him. After a consideration of all that evidence the learned Magistrate found that a prima facie case had been made out against the applicant and he, therefore, framed charges under...
Tag this Judgment!Mool Chandra JaIn Vs. Jagdish Chandra Joshi
Court: Allahabad
Decided on: Aug-24-1954
Reported in: AIR1955All385
Raghubar Dayal, J.1. A decree for perpetual injunction was passed in Original Suit No. 1 of 1948 in the Court of the District Judge of Kumaun on 8-7-1949, restraining the defendants and others from claiming any right over the part of Badreshwar property specified in the schedule attached to the plaint or using it for any purpose whatsoever without the plaintiffs' permission. The plaintiffs were Jagdish Chandra Joshi and others, while the defendants were ten persons, which did not include Mool Chandra Jain. The suit was, however, a representative suit under Order 1, Rule 8, C. P. C., and the necessary steps for making the suit representative had been taken.2. In September and October 1949 Ramlila celebrations took place at Almora. Mool Chandra Jain was the Secretary of the Committee managing the celebrations. In spite of the Civil Court decree it appears that a section of the people was not amenable to obey it and the district authorities failing to bring about an amicable settlement be...
Tag this Judgment!Narsingh Das and ors. Vs. Mian Safiullah Sha
Court: Allahabad
Decided on: Aug-24-1954
Reported in: AIR1954All773
Chaturvedi, J. 1. This is a defendants' appeal arising out of a suit for possession.2. The suit was filed in the Court of the Civil Judge of Bahraich by the plaintiff in his capacity as Sajjadanashin of Takia Kalan on 4-1-1946. The main relief claimed in the suit was for pos-session of a piece of land by demolition of the building standing thereon. The disputed land is enclosed by letters A E F B in the map of the commissioner, who was appointed by Court to prepare a site plan. For a better appreciation of the case, this area (A E F B) may be split in two portions, one lying within the letters A B C D and the other enclosed by letters C D E F. At the time when the suit was brought a completed pucca building stood on the land A B C D while on the other piece an incomplete building stood.3. There is a Muslim religious endowment known as Takia Kalan in the city of Bahraich owning considerable landed property in the various muhallas of the town. The land described above is situate in Muhal...
Tag this Judgment!Mani Shanker Vs. Niranjan Swarup
Court: Allahabad
Decided on: Aug-23-1954
Reported in: AIR1955All686
Agarwala, J. 1. This is a judgment-debtor's appeal arising out of execution proceedings. A decree for possession over a house and for arrears of rent was passed against the judgment-debtor appellant. The decree-holder applied for the execution of the decree and obtained possession over the house. After having obtained possession, the decree-holder found that some materials of the house had been removed and damage had been done to it after the passing of the decree.He then applied to the execution court for compensation to be awarded against the judgment-debtor appellant to the extent of Rs. 10,000/-. The application was made under Section 47, Civil P. C. The judgment-debtor objected that such an application did not lie under Section 47, Civil P. C., and that if at all, the decree-holder could file a separate suit to obtain the relief claimed by him.The learned Munsif held that an application did lie under Section 47, Civil P. C. but, because the application was of a high valuation, he ...
Tag this Judgment!Naim Singh Vs. Tikam Singh and ors.
Court: Allahabad
Decided on: Aug-19-1954
Reported in: AIR1955All388
Agarwala, J.1. This is a defendant's appeal arising out of a suit for partition. The facts of the case, in so far as they are relevant for this appeal, are as follows: Tikam Singh, the original plaintiff, Naim Singh, defendant 1, and Chattar Singh, defendant 2, are own brothers, being the sons of Girwar Singh. Girwar Singh had two brothers, Mohan Singh and Ulfat Singh. Ulfat Singh died issueless. Mohan Singh, had two sons, Ram Prasad Singh deceased and Padam Singh, defendant 3. Balmukund Singh defendant 4, is the son of Ram Prasad Singh deceased. Tikam Singh's case in the plaint was that the whole family was at one time joint owning property, as well as money-lending business, that about the year 1937-1938 the Zamindari property was partitioned, but that the money-lending business remained joint. He, therefore, wanted a partition of his 1/6th, share out of the money-lending business.Chattar Singh, Padam Singh and Balmukund Singh practically admitted the plaintiff's case, while Naim Sin...
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