Allahabad Court October 1955 Judgments
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Bhagwan Das Barnwal Vs. State and anr.
Court: Allahabad
Decided on: Oct-17-1955
Reported in: AIR1956All213
ORDERMehrotra, J.1. The applicant was elected as President of the Municipal Board. Mirzapur in the general elections held in October, 1953. On 17-1-1955, a notice of intention to move a no confidence motion against the applicant was made to the District Magistrate of Mirzapur. 17-2-1955, was fixed for the meeting for the consideration of the no-confidence motion. The motion was voted and lost. The meeting was presided over by the Civil Judge.Two of the members of the Board alleged that they were forcibly abducted and detained and consequently could not participate in the meeting for no-confidence held, on 17-2-1955. Investigation was started against the applicant by the police on the statement of the two members. On 1-3-1965 at about 3:00 p.m. the applicant received a communication from the District Magistrate, Mirzapur purporting to contain the charge-sheet against the applicant. He was called upon to furnish an explanation to the charges.The charges indicated that the applicant was a...
President, Municipal Board Shahjahanpur, Through Bishan Chandra Vs. Di ...
Court: Allahabad
Decided on: Oct-17-1955
Reported in: AIR1956All369
ORDERMehrotra, J.1. Sri Bishanchandra Seth, the applicant in the two petitions, was elected President of the Municipal Board, Shahjahanpur at the general election held in November, 1953. The candidate, who was defeated by the petitioner, was the Chairman of the Board for a long time before the election of the applicant. He has in the present Board organised the opposition party and a number of efforts were made by the opposition to oust the petitioner from the office of the Presidentship.A notice for motion of no-confidence was given to the District Magistrate, against the applicant. The motion was, however, subsequently lost. After the proceedings for no-confidence were over, it 10 alleged by the petitioner that in the ordinary course he tabled the revised budget of the Board for the year 1954-55 as also the original budget; for the year 1955-5S on 21-3-1955, for the examination and inspection of the members of the Board..A meeting of the Board for the purpose of passing the budget wa...
Radha Ballabh Vs. Jawahar Lal
Court: Allahabad
Decided on: Oct-14-1955
Reported in: AIR1956All216
Roy, J. 1. This is a defendant's second appeal prising out of a suit 'for profits under Section 230, U. P. Tenancy Act, No. 17 of 1939. The suit had been instituted by Jawahar Lal, the plaintiff-respondent. During the pendency of the suit he became insane and his son was appointed his next friend. On. 27-7-1948, the suit was dismissed in default. An application for restoration of the suit was made on 25-8-1948, which was described as 'an application by Prem Chand, the pairokar of the plaintiff, through his Vakil Sri Jamuna Prasad'. In that application it was contended that the plaintiff had been ill on 27-7-1948, when the case was fixed for hearing. The application in restoration was allowed and the suit was restored to file on its original number of re-hearing by an order dated 4-11-1948. The defendant had made an application for the review of the order of restoration but that application was rejected. Ultimately the suit was decreed by the learned Assistant Collector, first class, on...
Rama Shankar Vs. Official Liquidator, Jwala Bank Ltd.
Court: Allahabad
Decided on: Oct-14-1955
Reported in: AIR1956All222; 1956CriLJ369
Agarwala, J.1. This is a special appeal arising in proceedings under Section 235, Companies Act. The Jwala Bank Ltd., went into liquidation by an order dated 17-2-1950 upon an application for winding up made on 1-8-1949. An appeal was filed against the order of winding up and the winding up proceedings were stayed pending the appeal. The appeal was, however, dismissed on 24-10-1950. The Official Liquidator filed a Petition under Section 235,Companies Act, against seven persons including the appellant who was one of the Directors ofthe Bank.2. The Official Liquidator's case was that the Directors, Manager and Auditors of the Bank were guilty of various acts of misfeasance which caused to the Company a loss of over four & a half lacs of rupees. He prayed that a decree for this amount be passed against the opposite parties including the appellant severally or jointly.3. The appellant and the, other opposite parties denied the allegations made against them and further pleaded that the appl...
Agarwal and Co. Vs. the Income-tax Officer and Another.
Court: Allahabad
Decided on: Oct-14-1955
Reported in: [1956]29ITR342(All)
CHATURVEDI, J. - This is a petition under article 226 of the Constitution.The petitioner is a firm carrying on the business of managing agency. The petitioners firm was constituted in 1934 and a deed of partnership was drawn up on the 24th of January, 1936. The partnership consisted of 18 members. It was provided in the deed of partnership that upon the death of any partner, the other partners shall take the heirs or legal representatives of the deceased partner into partnership, in place of the deceased. Four of the partners subsequently died and their heirs were taken in. One fresh partnership deed was executed on the 17th of November, 1938, the second on the 24th of July, 1942, the third on the 21st of January, 1949, and the fourth deed was executed on the 7th of July, 1950; and all these deeds contained substantially the same terms on which the firm was registered in the year 1936 and the registration was renewed every year till the financial year 1951-52. For the year 1952-53 an a...
Shivaji Mahraj and ors. Vs. Lala Barati Lal and ors.
Court: Allahabad
Decided on: Oct-13-1955
Reported in: AIR1956All207
V.D. Bhargava, J. 1. This is an appeal on behalf of the plaintiffs who had brought a suit for proprietary possession of the land (for clarity, whichwas marked in the Commissioner's map), by demolition of certain constructions made thereon, on the allegations that that plot of land belonged to Shivaji and the defendants have wrongfully encroached upon that land and had made constructions in December 1945.2. The plaintiffs in the suit were Shivaji through Babu Ram, acting as next friend ofplaintiff 1, claiming to be its Pujari and there were 9 other Hindus who had claimed to file the Suit in representative capacity and had taken permission of the Court under Order 1, Rule 8, Civil P. C. The existence of a temple of Shivaji in Gurahi Bazar, Mohalla Saadatganj, cannot be denied. It has been there for a very long time.On behalf of the plaintiffs it was alleged thatit was a public temple and it stood on plot No. 1944 which number includes the land in dispute also. This land was dedicated to ...
Abdul Rauf Vs. Mohd. Shafi and ors.
Court: Allahabad
Decided on: Oct-13-1955
Reported in: AIR1956All337B; 1956CriLJ663
ORDERV.D. Bhargava, J.1. This is a reference by the learned Sessions Judge of Pratapgarh arising out of a proceeding under Section 145, Cr. P, C.2. Abdul Rauf moved an application under Section 145, Criminal P. C. before the Sub-Divisional Magistrate Patti that there was danger of breach of the peace with respect to plot No. 983/3 in which there also existed a house. The learned Magistrate called for a report and the police on the 26th July 1953 submitted a report that there was an apprehension of breach of the peace about the possession of the land in dispute.On the application of the applicant Abdul Rauf, which contained the allegation that there was a clanger of breach of the peace, and on the police report the Sub-Divisional Magistrate, Patti passed an order directing the station officer Kandhai to attach the property and give it in the 'supardari of a respectable 'supardar' and ordered the parties to file their written statements by 19-12-53. That order was passed on 14-11-1953.It...
Ram Sahai and anr. Vs. Ram Sewak Overruled
Court: Allahabad
Decided on: Oct-12-1955
Reported in: AIR1956All321
Mootham, C.J. 1. This is an application for leave to appeal to the Supreme Court from a judgment and decree of this Court dated 16-12-1953.2. The dispute between the parties relates to a claim by the respondent that he is entitled to a one-fourth share in two plots of land in the town of Ferozabad. On an issue being remitted by this Court the value of that one-fourth share was found by the learned Additional Civil Judge of Agra to be Rs. 10,425/- and that figure is not now in dispute. The appellant contends however that the judgment and decree of this Court 'involves directly or indirectly some claim or question respecting' the entire property the value of which is considerably in excess of Rs. 20,000.We do not think this contention is sound. In --- 'Bai Shevantibai v. Janardhan Raghunath , the Privy Council held that a question as to the title of the plaintiff to the share which he claimed in the joint property did not become a question respecting the whole of the joint family estate ...
Lokesh Chandra Vs. Commissioner, Rohilkhand Division, Bareilly and ors ...
Court: Allahabad
Decided on: Oct-11-1955
Reported in: AIR1956All147
ORDERMehrotra, J. 1. This is an application under Article 226 of the Constitution praying that the order of removal of the applicant from the membership of the Municipal Board of Bisalpur in the district of Pilibhit, passed on 9-5-1955 by the Commissioner be quashed. In the alternative, it is also prayed a writ of mandamus be issued to the State Govern-ment directing them to decide the appeal pending before the State Government at once. 2. The facts set out in the affidavit Bled in support of the petition are that the applicant was elected a member of the Municipal Board, Bisalpur in the district of Pilibhit in the elections held in October, 1953. On 1-3-1954 the services of the Secretary of the Board were terminated and the Secretary was asked to hand over charge to Sri S. S. Dube, the Sanitary Inspector of the Board from 3-3-1954 till 13-10-1954. Sri S. S. Dubey, Sanitary Inspector, acted as the Secretary. On 30-9-1954, one Sri S. S. Jaiswal was selected as the permanent Secretary of...
Mrs. Kather Dutt Vs. District Magistrate, Lucknow and anr.
Court: Allahabad
Decided on: Oct-11-1955
Reported in: AIR1956All232
ORDERV.D. Bhargava, J.1. This is an application by one Mrs. Kather Dutt under Section 115, Civil P. C. arising under the following circumstances:There is a Bungalow No. 13, Ashoka Marg, Lucknow of which at one time Mr. and Mrs. Hanson were the tenants. They were treated as tenants but it appears that they did not get this accommodation by allotment and therefore in the year 1951 proceedings under Section 7A, U. P. Rent Control and Eviction Act, were taken against them. It then transpired that Mrs. Kather Dutt, the present applicant, was the occupier of the building within the definition of word 'occupier' in the U. P. Rent Control and Eviction Act and. therefore the proceedings were dropped.On 28-10-1952, a notice was served on the applicant under the U. P. (Temporary) Accommodation Requisition Act, (25 of 1947), under Section 3 requiring the applicant to deliver possession to the District Magistrate within a period of 16 days. In that notice the District Magistrate fail-ed to provide ...
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