Court : Allahabad
Reported in : AIR1956All112
Mootham, C.J. 1. This is an appeal by the respondent from an order of a learned single Judge dated 12-11-1954, partially allowing a Writ Petition. 2. The petition arose out of a dispute between two societies registered under the Co-operative Societies Act, 1912, namely The District Co-operative Bank Ltd., (hereinafter referred to as 'the Bank') and the Postal Union Co-operative Society Ltd., (hereinafter referred to as 'the Postal Union'). The Postal Union was in the practice of making loans to its members, and to enable it to do so it obtained advances from time to time from the Bank. A dispute arose between the Bank and the Postal Union as to the amount due by the latterto the former, and this dispute was referred to the Registrar, Co-operative Societies, who appointed an arbitrator. We do not know the terms of reference, but it is conceded that thedispute was one which fell within Clause (iv) of Rule 115 of the Rules made under the Act, that is a dispute 'between two or more registe...
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All87
ORDERMehrotra, J.1. This is an application under Article 226 of the Constitution praying that (1) a writ of mandamus be issued directing the opposite parties, who are the Post Master General, U.P. Lucknow and the Sub-Post Master, Hathras District, to treat 'Sangeet' (a magazine published by the petitioner) as a registered newspaper within the meaning of the Post Office Act, (2) a writ of certiorari be issued quashing . the order dated 2-3-1955, cancelling the registration number of 'Sangeet', (3) a writ of mandamus be issued directing the opposite parties to restore the registration number of 'Sangeet'.2. The applicant Kali Charan Garg is the manager of the Sangit Karyalaya which publishes a monthly magazine known as 'Sangeet'. The allegations of the petitioner in his affidavit are that the said magazine is devoted to the science and art of Indian music. The said magazine started publication in 1935 and since then has been published regularly every month.The magazine was registered as ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All241; 1956CriLJ452
Beg, J.1. This is an appeal by Om Prakash, son of Bahori Singh, resident of village Kantaur, P.S. Marehra, district Etah. The appellant has been convicted under Section 302, I. P. G. by the learned Sessions Judge, Etah, and sentenced to death. The reference for the confirmation of the death sentence is also before us.2. The appellant was charged answer Section 302, read with Section 34, I. P. C., along with two other persons, namely, Lakhansingh and Babusingh for having committed the murder of one Sarnamsingh on 19-6-1054, at about 7 p.m. in village Kantaur, Babusingh and Lakhansingh were acquitted by the trial Court. The appellant, was, however, found guilty. He was convicted under Section 302, I. P. C., and sentenced as above.3. The appellant Om Prakash and the deceased Sarnamsingh were relations having descended from a common ancestor. The grand-father of the deceased Sarnamsingh was one Motisingh. Bahorisingh, the father of the appellant Om Prakash, was the grandson of Zorawar Sing...
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All330
ORDERMehrotra, J.1. This is an application under Article 226 of the Constitution praying that an order passed by the U. P. Government dated 5-8-1954, terminating the services of the applicant be quashed.2. The facts are fully set out in the affidavit filed in support of the petition. The applicant is a refugee from Punjab. He passed his M.B.B.S. degree from using Edward Medical College, Lahore in 1939. He migrated from Pakistan to India in 1947 and started residing in Hardwar in district Saharanpur. He was appointed to the U. P. Public Health Service from 20-6-1949 for a period of six months and was posted at Dehra Dun as Medical Officer, Anti-Epidemic Operations.On 10-8-1949, he received a communication from the Assistant Director of Medical and Health services, U. P. to the effect that the orders for his permanent appointment in the U. P. Public Health Service have since been received. He was, therefore, advised to stick to his appointment. When serving at Dehra Dun, he was asked to ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All393
V. Bhargava, J.1. Rama Shanker Srivastava who has filed this petition under Article 226 of the Constitution was an employee in the Northern Railway. He was originally selected for appointment by the East Indian and Oudh and Trihut Railway Joint Service Commission for the post of a ticket collector and was then appointed as such on 29-8-1949.According to the opposite party, the Divisional Superintendent, Northern Railway, Allahabad, the actual date of appointment was 6-9-1949. The exact date of appointment being immaterial, it is not necessary to express any view as to which of the two dates is correct.On 20th of July 1950, a charge sheet was served on the petitioner by the Assistant Superintendent Commercial specifying seven forms of punishment and calling upon the petitioner to show cause why the penalty of dismissal or any lesser penalty be not imposed on him on the grounds mentioned in the charge sheet. The petitioner was allowed seven clear days from the date of the receipt of the ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All53; 1957CriLJ32
Mukerji, J.1. In this case I have had the advantage of reading the carefully prepared judgment of my learned brother James. I am in agreement with him that the State appeal should be allowed as against two of the respondents, namely Nathu and Murli.2. I consider it unnecessary to go into the facts of this case in any detail, inasmuch as, all the facts have been set out in my learned brother's judgment. I shall, therefore, only briefly indicate the reasons that have impelled me to agree with the conclusions arrived at by my learned brother.3. A young girl Ram Kali was done to death and the respondents were charged with her murder. The prosecution were able to call at the trial Imirti, the wife of Misri, to give direct testimony of the murder. The position of Imirti was more or less that of an accomplice in the case, so that her testimony could not be relied upon without adequate corroboration. There was a further difficulty in accepting Imirti's testimony without corroboration, because ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All181
ORDERMehrotra, J.1. The petitioner was appointed as the Executive Officer of Agra Municipal Board on probation for one year in the year 1940 and was duly confirmed in 1941. The petitioner has qualified for diploma in Public and Social Administration with practical training in Local Self-Government in the Oxford University in the' year 1939. The scale of pay at the time of his appointment was Rs. 500-25-650-50-750 but as a result of the recommendation of the Pay Commission appointed by the Government, the scale was changed to Rs. 500-50-1000.Since 1953 he had been drawing a salary of Rs. 1000/-. On 31-3-1954, an order was passed by the Administrator discharging the applicant from service of the Board on the ground of financial stringency. On 31-3-1954 a notice was given to the applicant by the Administrator, Municipal Board, Agra terminating his services on the ground that the expenditure on the establishment of the Municipal Board, Agra was very heavy and the finances of the Board did ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All177
ORDERMehrotra, J. 1. Pour suits were filed by the present applicants under Section 183, U. P. Tenancy Act in the Court of Sri Lakshman Prasad, Judicial Officer I, Ballia, against the opposite parties 3 to 5 to this petition for possession on the ground that the applicants were the tenants and were ejected and prevented from obtaining possession of their holding otherwise than in accordance with the provisions of law. The suits were dismissed by the trial Court on merits on 29-6-1953.Appeals were filed against the decisions of the trial Court in the Court of the Additional Commissioner, Banaras. The appeals were disposed of by the Additional Commissioner on a preliminary point and were dismissed on 12-5-1954. The Additional Commissioner held that the defendants, being recorded occupants in 1356 P. and being in possession, had acquired adhivasi rights and were protected from being ejected under Section 20, U. P. Zamindari Abolition and Land Reforms Act.The plaintiffs, thereupon, filed ap...
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All160; 1956CriLJ195
1. Sri Shankar Lal Sharma, an employee in the Public Works Department of the Uttar Pradesh, moved in this Court an application for the grant of a writ against Sri M. S. Bisht, Chief Engineer, P.W.D., U.P, Lucknow, praying for a direction to the opposite party to forward to the Public Service Commission, U.P. his application for employment in some higher post, which he had sent to the said Commission through the opposite party.While the writ petition was pending in this Court Sri M, S. Bisht purporting to act in accordance with certain directions contained in Government Order No. Q-3237/II-B-32-52, dated 24-12-1952, asked for an explanation from Sri Shankar Lal as to why he had submitted a writ application in the High Court of Judicature at Allahabad (Lucknow Bench) Lucknow.It was clearly an atempt to hold out a threat of departmental action against an employee of the Government, who had approached the High Court for what he considered to be the protection of his rights under the Consti...
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All287
Chatuevedi, J.1. The suit which has given rise to this appeal was promoted by one Sm. Ram Janki on her own behalf and as next friend of her two minor sons, Basant Lal and Behari Lal, for the partition of family property, moveable and immovable, detailed at the foot of the plaint.2. It appears that the family, which owned the property, was comprised of Rameshwar Prasad and his two minor sons and his wife Sm. Ram Janki. The plaintiffs claimed a three-fourths share in the property. It was, however, alleged in the plaint that the defendant Rameshwar Prasad, who was the father of plaintiffs 1 and 2, and husband of plaintiff 3, was a person of weak intellect and immoral habits. He had executed certain documents and sale deeds in respect of debts which were non-existent and which were also vitiated by fraud and conclusion.The plaintiffs, therefore, claimed that the share allotted to them should be free from all such encumbrances. The persons in whose favour the deeds stood are defendants 2 to...
Tag this Judgment!