Allahabad Court October 1955 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Baqridan and ors. Vs. Bashir Ahmad Khan and ors.
Court: Allahabad
Decided on: Oct-10-1955
Reported in: AIR1956All94
Agarwala, J.1. This, is a plaintiffs' appeal arising out of a suit for a declaration that plaintiff 1 was the 'mutwalli' of the mosque in dispute and none of the defendants had any connection with the mutwalliship; that Amanullah, plaintiff 4, was the duty appointed Imam' of the mosque and none of the defendants had any right to 'Imamship'; and for a perpetual injunction restraining the defendants from interfering with the plaintiffs in going to the mosque and offering their prayers under the 'Imamship' of a person according to their choice, and for further direction to the defendants not to interfere with the management of the mosque by plaintiff 1.The suit was filed by eleven Muslim residents of the town of Chandauli, in the district of Banaras, as representatives of their community under Order 1, Rule 8 of Schedule I, Civil P. C. The defendants to the suit were one hundred and forty eight Muslims.2. The plaintiffs' case was that the mosque was a public 'waqf,' that the Muhammadans o...
Ashwani Kumar Vs. the State
Court: Allahabad
Decided on: Oct-10-1955
Reported in: AIR1956All158
Asthana, J.1. This is a reference by the learned Additional Sessions Judge of Allahabad recommending that the conviction of the accused Ashwani Kumar under Section 7 of the Essential Supplies (Temporary Powers) Act, 1946 (Act 24 of 1946) for contravention of Clauses 14. and 15, U. P. Foodgrains Rationing Order, 1949, and the sentence of fine of Rs. 50/- imposed on him may be set aside.2. The charge against the accused Ashwani Kumar was that he had drawn rations from 25-6-1949 to 7-11-1950 for two ladies, inamely, Smt. Subhadra Devi and Smt. Gayan Kumari when the ration for these two ladies for the same period had also been drawn by one Piarey Lal who was living in a portion of the same house No. 358-A, Mohatashimganj, Allahabad, which was also occupied by Ashwani Kumar, his mother, Smt. Sun-,der Devi, his sister Smt. Subhadra Devi and Smt. Gayan Kumari, the wife of Jitendra Kumar. It is not clear from the record as to what is the relationship between Piarey Lal and the two ladies Smt. ...
Khwaja Mazhar UddIn Vs. Rama Shankar Amist and ors.
Court: Allahabad
Decided on: Oct-07-1955
Reported in: AIR1956All169
ORDERMehrotra, J.1. The petitioner Sri Khwaja Mazharuddin and opposite party No. 1, Sri Rama Shankar Amist, were candidates for the Presidentship of the Municipal Board, Hamirpur, at the elections held in 1953. The. applicant secured 963 votes while the opposite party No. 1 obtained 956 votes, and the applicant was declared duly elected President of the Municipal Board. An election petition was filed by the opposite party No. 1challenging the validity of the petitioner's election on a number of grounds alleging corruptpractice and false personation in the election. The matter was referred to the District Judge, Jhansi, as the Election Tribunal, and the 'District Judge, by his order dated 14-5-1955,declared the election invalid, and further declared a casual vacancy as having been created and directed the District Magistrate to proceed with fresh elections. A number of grounds were urged in the petition challenging the election of thepetitioner. But the Election Tribunal has setaside th...
inder Pal Singh Vs. Babu Singh and ors.
Court: Allahabad
Decided on: Oct-07-1955
Reported in: AIR1956All218
Upadhya, J.1. This is a plaintiff's appeal arising out of a suit for a declaration that the plaintiff was the owner of one-sixth share in a certain grove, for an injunction restraining defendants 1 and 2 from butting away the trees and for damages. The allegations were that the grove belonged originally to one Mt. Umeda Kuer who had got it by a gift deed dated 7-2-1898, and was thus the absolute owner of the grove. Mt. Umeda Kuer made a Will in favour of Gajraj Singh, the plaintiff's father, and Mullu Singh, her, brother. After Umeda Kuer's death the heirs of Gajraj Singh and Mullu Singh inherited the property.2. There was a decree against Mt. Umeda Kuer and it appears that it was put into execution and the grove was sold on 19-1-1943. The auction purchaser sold the trees to defendants 1 and 2 who started removing them and thereupon the plaintiff being aggrieved filed a suit claiming a declaration and an injunction as mentioned above and Rs. 117/- as damages by way of compensation for ...
Sachidanand and anr. Vs. State Through G.R.P. Banaras Cantonment
Court: Allahabad
Decided on: Oct-07-1955
Reported in: AIR1956All212; 1956CriLJ368
ORDERAsthana, J. 1. This is a reference by the learned Additional Sessions Judge of Banaras recommending that the conviction of Sachidanand and Suraj Bali under Section 379, I. P. C. and the sentence of Rs. 50/- on each of them may be set aside and that they may be tried afresh if necessary. 2. Sachidanand and Suraj Bali were employed as watchmen in the goods shed of the O. T. Railway (now North-Eastern Railway) at Banaras. On 14-4-1952 at about midnight Sri N.G. Mitra, Assistant Inspector of the Watch and Ward Department made a surprise checking of the goods shed and he found the two accused tampering with and taking out contents from a package lying in the goods shed. He caught them & found two 'jholas' in their possessioncontaining phials of 'Anand Mohini Zarda' and iron implements for breaking the packages. He took these two accused to the Government Railway Police at Banaras Station and lodged a report. The accused denied that they had committed the theft. Their case was that some...
Badari Lal Vs. Bankeylal and anr.
Court: Allahabad
Decided on: Oct-06-1955
Reported in: AIR1956All304; 1956CriLJ569
ORDERRoy, J.1. After hearing counsel for the parties I am unable to support the order dated 17-12-1953 passed by the learned Magistrate, dismissing the complaint under Section 203, Criminal P. C. The complaint had been made under Sections 420, 406 and 403 of the Penal Code. In the complaint the facts constituting the alleged offences have been stated. The complaint further specified the names of the witnesses on whom the complainant intended to rely in proof of those allegations.The learned Magistrate recorded the statement of the complainant on oath on the reverse of the complaint and made only a pretence of an enquiry under Section 202, Criminal P. C., mentioning in his order dated 7-12-1953 that the complainant had no evidence with him to prove that a certain amount had not been paid to him. Obviously the Magistrate had in contemplation that an enquiry under Section 202 is envisaged in the case.Where an enquiry is ordered or is contemplated under Section 202, Criminal P. C., and the...
Bharat Bhushan Vs. Cinema and City Magistrate and anr.
Court: Allahabad
Decided on: Oct-05-1955
Reported in: AIR1956All99
Agarwala, J.1. This is a special appeal against a judgment of a learned single Judge of this Court dismissing a writ petition. The dispute is about the licence to run a Cinema. A cinema house is owned by the appellant Sri Bharat Bhushan and three other persons namely, Bharat Bhushan's father Sri Manna Lal, his brother Dip Chand and mother Srimati Munga Devi.The cinema house was let out to a person by the name of Sri R. M. Modi of Bombay for a period of five years and then after the death of R. M. Modi the cinema was leased for a period of three years to Sri K. M. Modi, the brother of Sri R. M. Modi. The term of lease expired on 31-5-1950. There was no renewal of the lease but Sri K. M. Modi has continued to be in possession of the premises.A civil suit for the ejectment of Sri K. M. Modi (hereinafter referred to as Modi) was filed by two of the proprietors, the appellant and his mother Srimati Munga Devi. That suit is still pending. Two applications were made for the grant of a license...
Kalika Prasad Vs. Additional Commissioner, Agra Division and ors.
Court: Allahabad
Decided on: Oct-05-1955
Reported in: AIR1956All103
ORDERMehrotra, J. 1. This is an application under Article 226 of the Constitution praying that a writ of certiorari be issued quashing the order passed by the learned Additional Commissioner dated 11-1-1955. 2. An application under Section 27 of Act 10 of 1947 was filed by the grand-father of Samokhi Lal, opposite party 2 for reinstatement of his possession. In those proceedings a compromise was arrived at between Kishan Lal and the petitioner in the present petition, Kalika Prasad under which, four plots were given to him. During the pendency of those proceedings a bhumidhari sanad was obtained by Kalika Prasad applicant. Proceedings under Section 202, U. P. Zamindari Abolition and Land Reforms Act were started. Those proceedings were stayed and on an application made by the opposite party the sanad granted to the applicant was cancelled by the Assistant Collector under Section 12, U. P. Agricultural Tenants (Acquisition of Privileges) Act, An appeal was preferred to the Additional Co...
Muneshwar Bux Singh Vs. State Through Raghunandan Prasad
Court: Allahabad
Decided on: Oct-05-1955
Reported in: AIR1956All199; 1956CriLJ363
ORDER1. Applicant Muneshwar Bux Singh lodged a report against his brother-in-law Raghunandan Prasad, who is the opposite party in this case, that a motor lorry registered as UPJ 156 which belonged to him has been stolen by Raghunandan Prasad. The police investigated this report and seized this motor lorry from the possession) of Raghunandan Prasad.While investigating the case it found that the dispute between Muneshwar Bux Singh and Raghunandan Prasad was of a civil nature and, therefore, a final report was submitted in this case and no prosecution was launched.2. On the directions of the Superintendent of Police the recovered lorry was produced before Sri K. M. Ray, a Magistrate, presumably for a proper order to be passed under Section 523, Criminal P. C. Raghunandan Prasad applied to the Magistrate that the lorry should be returned to him. This application was filed by him on 18-7-1951 and the Magistrate asked for a report from the police.The police reported that the lorry may beretu...
Sia Ram Vs. Radhey Shiam
Court: Allahabad
Decided on: Oct-05-1955
Reported in: AIR1956All332
Gurtu, J.1. The plaintiff filed this suit for recovery of possession over the grove in suit for an injunction and for recovery of Rs. 600 as damages. The plaintiff's allegations were that he was the owner of the grove No. 398 in village Faridpur, that the defendant had been working as his 'karinda' when he had forged a few bonds and pronotes and also a sale deed in respect of the grove in dispute.He had obtained registration of the sale-deed by means of a suit and he had taken forcible possession of the grove and had misappropriated the timber of the trees in that grove, that the sale-deed was without consideration and is liable to be cancelled. The defendant denied the allegations made by the plaintiff. The suit was decreed by the trial Court. The appeal filed against the judgment was also dismissed.The finding of the Court below is that although the plaintiff executed the sale-deed it was definitely proved that the sale-deed was without consideration.2. The defendant preferred this a...