Allahabad Court September 1954 Judgments
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Bhagwan Dass Vs. L. Pyare Lal
Court: Allahabad
Decided on: Sep-21-1954
Reported in: AIR1955All19
Malik, C.J.1. This case has been referred to us by a Bench for reconsideration of certain decisions of this Court referred to in the referring order.2. The facts of the case are that a suit No. 366 of 1944 was filed by the respondent, Pearey Lal, for ejectment of the appellant from house No. 395/417 situate in Kaserat Bazar, Tajganj, Agra, and for arrears of rent due. The suit was decreed on 12-1-1945. The defendant filed an appeal--Civil Appeal No. 35 of 1945--and on 28-1-1946, the lower appellate Court affirmed the decree for ejectment but dismissed the claim for arrears of rent. A rider was added in the decree that the decree-holder will not be entitled to execute the decree for ejectment without the previous sanction of the District Magistrate or the Additional District Magistrate.This was by reason of the provisions of the Defence of India Rules, Rule 81(2) (bb) (ii), which was as follows:'81(2). The Central Government or the Provincial Government, so far as appears to it to be ne...
Mrs. Georgians G. Marks Gideon Vs. Edward Nathnial Gideon and Sm. Ram ...
Court: Allahabad
Decided on: Sep-17-1954
Reported in: AIR1955All8
Mootham, J.1. This is a wife's application under Section 17, Divorce Act, for the confirmation of the decree of the learned District Judge of Agra dissolving the petitioner's marriage with the respondent on the grounds of her husband's adultery, cruelty and desertion. The learned District Judge was satisfied that each of these charges had been satisfactorily proved, taut we are unable to take that view.In our opinion, the evidence is wholly insufficient to establish any one of these allegations. The averment in the petition with regard to adultery is that the respondent had an illicit connection with a woman, Shrimati Ram Piari, in the year 1952 and the only evidence in support of this allegation is the statement of the petitioner that 'My husband continued to carry on his connections with Shrimati Ram Piari. Her husband kicked up a row.'2. The parties were married in the year 1946. It is stated in the petition that from this time onwards, that is for a period extending for a number of...
Ambika Upadhaya Vs. Nakched Upadhaya
Court: Allahabad
Decided on: Sep-16-1954
Reported in: AIR1955All112
Malik, C.J.1. This is a civil revision under Section 115 of the Code. The defendant appellant was a mortgagee, and five mortgage deeds were executed in his favour, four of which were for a sum of Rs. 25/- each, while the fifth was for a sum of Rs. 1700/-. The mortgagor filed an application under Section 12, U. P. Agriculturists Relief Act (17 of 1934) for redemption of the five mortgages. The application was granted, and an appeal against the order was dismissed on 19-9-1949. This civil revision was filed against that order on the ground that the civil Court had no jurisdiction with respect to four of the mortgage deeds.2. Section 10, U. P. Agriculturists Relief Act, provides that--'Applications under this Chapter shall, if the principal money secured does not exceed Rs. 500/- be brought before the Collector, and the word 'court' in this Chapter shall in such cases include the 'Collector'.'At the time of the admission of the appeal learned counsel referred to a Division Bench ruling of...
Bankey Behari Lal Vs. Lala Babu, Raja Babu and anr.
Court: Allahabad
Decided on: Sep-14-1954
Reported in: AIR1955All1
Malik, C.J.1. In this case we had to devote considerable timein ascertaining the facts. The lower appellateCourt purported to record certain findings, whichnormally, would be findings of fact but thosefindings were challenged on the ground that theywere not based on evidence but on facts statedin certain judgment that were filed by the plaintiff.2. It seems to have been assumed in several judgments that in the days of Emperor Babar the land revenues of a half share of village Lakhanpur and of village Mohammadpur Biyar were assigned to some ancestor of the plaintiff and the defendants, Raja Babu and Moti Lal, in lieu of his past services as a Hakim. There is nothing on the record to bear out this claim, and as a matter of fact, it appears from the District Gazetteer of the United Provinces, Vol. 15, relating to Budaun, that Budaun came under the Muslim domination for the first time when it was conquered by the nephew of Mahmud of Ghazni, when he invaded Rohilkhand. It is not necessary t...
Mt. Aziz Jahan Begam Vs. Sardar Singh and ors. and Sabir Husain
Court: Allahabad
Decided on: Sep-14-1954
Reported in: AIR1955All241
Malik, C.J. 1. This is a second appeal filed on behalf of the defendant. The plaintiff-respondent had obtained a money decree against one Sabir Husain. After the passing of the decree, and probablyafter the application for execution had been filed, on 23-3-1932, Sabir Husain transferred the property now in dispute in the name of his wife, the appellant, for payment of her dower debt. On 8-3-1932, the property was attached by the decree-holder. On 9-4-1932, the appellant filed an objection, under Order 21, Rule 58, Civil P. C. She claimed that her husband had sold the property to her in lieu of her dower debt, that she was the owner in possession of the property and that her husband had no interest in the property which could be attached or sold, in execution of the money-decree. This objection was however, rejected on 12-4-1932, and the learned Munsif passed the following order : 'This is an objection by Mst. Aziz Jahan Begum under Order 21, Rule 58, Civil P. C. The attachment was made...
Mst. Satwati and anr. Vs. Kali Shanker and ors.
Court: Allahabad
Decided on: Sep-13-1954
Reported in: AIR1955All4
Malik, C.J.1. These two appeals are connected and arise out of the same suit. Raj Kumar on 8-5-1935 had executed a mortgage deed in favour of Uma Shankar. Both the mortgagor and the mortgagee are dead. The mortgagee's legal representatives (sic) the suit out of which these appeals have arisen for sale of the mortgaged property by enforcement of the mortgage transaction. Besides the mortgagor's widows, Satyavati and Ram Dulari, the plaintiffs impleaded two other defendants, Kailash Nath Misra defendant 3 and Kalka Prasad defendant 4. Kailash Nath Misra was a half brother of the mortgagor and after the death of the mortgagor Raj Kumar he had sold a half share in the mortgaged property to Kaika Prasad, defendant 4, The plaintiffs alleged in the plaint that the property in suit was the self-acquired property of Raj Kumar of which he was the sole owner and after his death it was inherited by his two widows and defendant 3 had no right, title or interest in the said property which he could t...
Mahendrapal and anr. Vs. the State
Court: Allahabad
Decided on: Sep-10-1954
Reported in: AIR1955All328; 1955CriLJ892
Roy, J. 1. Mahendra Pal son of Mittar Singh, aged 19, by caste Brahmin, resident of village Bhojpur, within police circle Awagarh in district Etah, and Bhagwati Prasad son of Salig Ram, aged 40, by caste Brahmin, resident of village Memda within police circle Sidhpura in the same district, have been competed by the Sessions Judge of Etah under Section 302/34, I. P. C., for the murder of one Thakur Fateh Singh, a member of the U. P. Legislative Assembly on the night between July 1 and 2, 1953, at 2 A. M. in 'ahata' Ram-chandraniwas, at a distance of about one furlong from police station kotwali, Etah, by shooting him with a pistol in furtherance of the common intention of both. The actual shooting said to have been done by Mahendra Pal. Bhagwati Prasad is said to have been present by the side of Mahendra Pal armed with a lathi at the time of the occurrence giving Mahendra Pal 'a moral support' as the learned Sessions Judge has found. The learned Sessions Judge awarded the sentence of de...
Mahant Indra NaraIn Das Vs. Mahant Ganga Ram Das and anr.
Court: Allahabad
Decided on: Sep-06-1954
Reported in: AIR1955All683
Agarwala, J.1. This is a plaintiff's appeal arising out of a suit for a declaration that the plaintiff was the Mahant of certain temples. The facts briefly are these :There are two temples in which three deities are installed. One temple is situated in village Atrauli Maufi and the other in village Katra Gudar. One Mahant Salig Ram Das was the Mahant and Sarbarakar of the deities of the two temples. He died on 7-10-1946. .One Lachchman Das applied for having his name mutated in the revenue records over the property belonging to the deities. He was opposed, by one Ganga Ram Das who is one of the defendants-respondents in the present litigation. During the pendency of the mutation proceedings the revenue Court appointed a receiver to take charge of the endowed property. The receiver took possession of the property on 27-2-1947. Lachchman Das was later murdered in May, 1947, and upon his death his two chelas came forward claiming the Mahantship as successors of Lachchman Das.One was Rames...
Sessions Judge, Meerut Vs. F.S. Fanthome, City Magistrate, Meerut
Court: Allahabad
Decided on: Sep-06-1954
Reported in: AIR1955All161; AIR1955All161b; 1955CriLJ436
Agarwala, J. 1. A case under Section 324, I.P.C., was pending before Sri P. S. Fanthome, City Magistrate, Meerut. An order convicting the accused Vijay Pal Singh inthe case was passed by the learned Magistrate on 3-5-1954. Two days later, Vijay Pal Singh made an application to the learned Magistrate praying that certain garments, which were material exhibits in the case, viz., a shirt and a banyan, which were alleged to be stained with the complainant's blood be sealed with the court seal in the presence of the learned Magistrate and the parties so that there might be no chance of their being tampered with later on. The learned Magistrate rejected this application with a short order, which is quoted below in full:'The state of the garments has received mention in the judgment. No need to seal them now.'Sd. P. S. Fanthome.5-5-1954. The accused then filed an appeal in the SessionsCourt at Meerut on the 6th of May and on thesame day made an application to that court statingvthat an applic...
Rahas Behari Panday Vs. State
Court: Allahabad
Decided on: Sep-02-1954
Reported in: AIR1955All75; 1955CriLJ246
Randhir Singh, J.1. The appellant in this case has been convicted under Section 161, I. P. C. and has been sentenced to rigorous imprisonment for a period or one year and six months and a fine of Rs. 200/-, in default to undergo further rigorous imprisonment for a period of three months by the Special Judge, Lucknow, appointed under the Criminal Law Amendment Act, 1952 (Act 46 of 1952).2. It appears that the appellant was a booking clerk posted at railway station Colonelganj in March, 1952. Baskets of eggs are despatched from Colonelganj to Lucknow and, it was alleged on behalf of the prosecution that there was a general complaint that the booking staff at Colonelganj used to demand illegal gratification both in cash and kind at the .time of the booking of such parcels. One Bahau also dealt in eggs and had to meet this difficulty. A few days before the occurrence Bahau is said to have met one Sri D. D. Kapur, R. S. O., S. P. E., Lucknow at the Lucknow City Station and he brought this c...
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