Allahabad Court October 1955 Judgments
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Governor General of India in Council Representing E.i. Rly. Vs. Radhey ...
Court: Allahabad
Decided on: Oct-03-1955
Reported in: AIR1956All149
Gurtu, J. 1. This is an appeal by the Governor General of India in Council, representing the East Indian Railway. Plaintiffs, who are the respondents in the appeal sent a consignment of 400 Mds. of molasses in 550 tins from Nagina railway station on 25-5-1945 to Burdwan and a freight of Re. -/10/6 was charged from them. Upon the goods reaching Burdwan, the railway staff demanded an additional charge of Re.-/15/6 per maund, on the ground that the molasses booked were convertible Khandsari molasses, and not nonconvertible Khandsari molasses. The railway by reason of reclassification of the goods demanded the additional sum of Re.-/ 15/6 per Maund. The plaintiffs refused to pay the additional charge and therefore the goods were not delivered. The plaintiffs then brought this suit for the recovery of the price of molasses, expenses and damages. 2. The defendant railway company relied on their power to reclassify the goods, and upon Section 55, Railways Act to detain the goods until the add...
Jagmohan Das and ors. Vs. Official Liquidator, Banaras Bank and ors.
Court: Allahabad
Decided on: Oct-03-1955
Reported in: AIR1956All145
Agarwala, J. 1. This appeal arises out of proceedings under Section 183, Companies Act. The facts briefly stated are as follows. 2. In 1921, 703 shares were purchased by one Har Krishna Das. Then in 1928 another lot of shares 718 in number were purchased in the name of Hari Krishna Das, but in reality it was purchased by Har Krishna Das together with two other persons named Narottam Das and Ram Chandra Rao Naik Kalia. These shares were registered in the name of Har Krishna Das alone. Later on 239 out of these 718 shares were registered in the name of Narottam Das and the remaining 479 shares remained registered in the name of Har Krishna Das. Har Krishna Das died in 1938. On 1-8-1939 the Banaras Bank went into liquidation and the liquidators had to determine who the legal representatives and heirs of Har Krishna Das were who should be brought on the register of share-holders as contributories. At his death, Har Krishna Das had only one brother living, namely, Udai Karau Das. He had fou...
Khalawan Vs. Badri and anr.
Court: Allahabad
Decided on: Oct-03-1955
Reported in: AIR1956All320; 1956CriLJ571
ORDERV.D. Bhargava, J. 1. This is a reference by the learned Sessions Judge of Bahraich in a case arising out of proceedings under Section 145, Cr. P. C.2. Khelawan gave an application under Section 344, Cr. P C. that there was a 'mahua' tree, about which there was a likelihood of breach of peacethat he was in possession and that he was being dispossessed by Badri and Bal Kishen Khelawan had claimed that this 'mahua' tree was on his plot No. 1730 and he had been in possession of it since long and that without any reason or rhyme the opposite parties, i.e., Badri and Bal Kishen wanted to dispossess him, and since there was a danger of breach of the peace he wanted an order from the Magistrate.S. O. Kotwali Bahraich on 26-4-1954 also reported that there was a dispute about a 'mahua' tree between one Khelawan on the one hand and Badri and Bal Kishen on the other and that there was a danger of breach of the peace. Notices were issued to Badri and Balkishen who filed their written statement...
Chhuttan and ors. Vs. Ali Husain
Court: Allahabad
Decided on: Oct-03-1955
Reported in: AIR1956All452; 1956CriLJ955
ORDERRoy, J. 1. Ali Husain and others started proceedings under Section 145, Criminal P. C. against Chuttan Khan and others in the Court of the City Magistrate of Rampur. The dispute related to a plot of land bearing No. 1153/1, situate in village Chamrawwa, in Tahsil Rampur. Ali Husain claimed that this plot of land was the common graveyard of the village and that all the residents of the village inclusive of Ali Husain had been exercising their right of burial in it and that Babban Khan, Ejaz Husain, Dilawar and Chuttan have been threatening to take unlawful possession of it under colour of some lease. The opposite parties set up a lease of 7-3-1953 in their favour and contended that the land had been allotted to them. The learned City Magistrate called for a report from the police and on 6-10-1953, passed a preliminary order stating that from the report of the police he was satisfied that a dispute likely to cause a breach of the peace existed regarding the graveyard land in village...