Allahabad Court November 1955 Judgments
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Balla and ors. Vs. the State of U.P.
Court: Allahabad
Decided on: Nov-30-1955
Reported in: AIR1956All335; 1956CriLJ661
ORDERAsthana, J.1. This is a reference by the Additional Sessions Judge of Saharanpur, recommending that the conviction and sentence of the applicants under Section 175, District Boards Act, 1922 (U. P. Act 10 of 1922) be quashed.2. The accused were convicted for contravention of bye-law No. 1 framed by the District Board. Saharanpur, under Section 174(2)(k), District Boards Act published in Government Notification No. 2905/21-7(44-45) dated 1-6-1949 and subsequently amended by Notification No. 12883/21-25 (49-50) dated 21-8-1951 and No. 10574/21-25 (49-50) dated 21-6-1952.The bye-law in question provides that no person shall slaughter or cause to be slaughtered any cow bull, bullock, he and she calf, she buffalo, young or old, in any place situated within the area of the District Beard, Suharanpur.3. The prosecution case against the accusedwas that in contravention of the aforesaid bye-law they had slaughtered a cow, the flesh of which was recovered from their houses by the Sub-Inspec...
Barhu Singh and ors. Vs. Kharpattu and ors.
Court: Allahabad
Decided on: Nov-30-1955
Reported in: AIR1956All436
Agarwala, J. 1. The facts of the two cases are as follows. One Nepal Singh predecessor-in-interest of the plaintiff-respondents executed a usufructuary mortgage or mortgages in favour of Bacha alias Chenol Singh predecessor-in-interest of the defendant-appellants for a consideration of Rs. 499/-. The exact date of the mortgage or mortgages is notknown but they were executed somewhere in the year 1881-82.The property mortgaged was an occupancy holding. In the year 1945 the plaintiff-respondents filed a suit for accounting under Section 33, U. P. Agriculturists' Relief Act. They alleged that nothing was due under the mortgage or mortgages as the usufruct of the mortgaged property had satisfied the mortgage money.The defence to the suit was that the mortgage or mortgages were executed more than 60 years ago and this relationship of mortgagor and mortgagee had ceased to exist between the parties and the suit was time-barred and was not maintainable. The trial Court held that the suit havin...
Sehat Ali Khan and anr. Vs. Abdul Qavi Khan and ors.
Court: Allahabad
Decided on: Nov-28-1955
Reported in: AIR1956All273
Agarwala, Desai And V. Bhargava, JJ.1. This case has been referred to this Bench for a decision of the question whether in a Letters Patent appeal the time requisite for obtaining copies of the judgment and decree should be excluded in computing the period of limitation fixed by the Rules of this Court for preferring a Letters Patent Appeal. A Full Bench of four Judges of the Allahabad High Court in 'Fazal Muhammad v. Phul Kuar', 2 All 192 (A) has to be considered and, if found to lay down incorrect law, has to be overruled. We think in these circumstances it would be advisable that a Bench of five Judgea be constituted in order to decide the case.2. We, therefore, direct that the papers of this case be laid before the Hon'ble the Chief Justice for constituting a larger Bench.Mootham, C.J.3. The question which has been referred to this Bench is whether the time required for obtaining copies of the judgment and. decree appealed from should be excluded in computing the period .of limitat...
Gopaldas Sarvadayal Vs. Commissioner of Sales Tax, U.P.
Court: Allahabad
Decided on: Nov-28-1955
Reported in: AIR1956All305; [1956]7STC360(All)
V. Bhargava, J.1. The applicants, Messrs. Gopaldas Sarvadayal were assessed to sales tax and, after having appealed against the assessment to Judge (Appeals), they came in revision before the Judge (Revisions). The revision application was heard by the learned Judge on 4-6-1951, and the order under Sub-section (3) of Section 10, U. P. Sales Tax Act, on that application was dictated and pronounced in open Court on the same date by the learned Judge (Revisions).On 6-8-1951. the applicants moved an application under Sub-section (1) of Section 11 of the Act, requiring the Revising Authority to refer to the High Court certain questions of law arising out of that order. The application was returned to the applicants on the ground that it was not accompanied by a copy of the order passed under Sub-section (3) of Section 10 of the Act.The copy of that order, required to be sent to the applicants under Rule 70 of the rules framed under the Act, was received by the applicants on 20-8-1951. There...
Jai Singh Vs. Mam Chand and ors.
Court: Allahabad
Decided on: Nov-25-1955
Reported in: AIR1956All337
Raghubar Dayal, J.1. The question referred to the Full Bench In these appeals is:'Whether appeals under Section 23, U.P. Agriculturists' Relief Act from the orders of a civil Court would lie to the appellate Court of the lowest jurisdiction where the original decrees from such Court be appealable to more Courts than one, regardless of the valuation of the proceedings before the trial Court'.2. Sub-section (1) of Section 23, U.P. Agriculturists' Relief Act is:--'An appeal shall lie to the District Judge from an order of a Collector or Assistant Collector passed under this chapter. An appeal shall lie from the order of a civil Court passed under this chapter to the Court to which original decrees passed by such Court are ordinarily appealable, and where such decrees are appealable to more Courts than one, to the Court of lowest jurisdiction'.3. Different interpretations of the relevant portion of Section 23 were put by this Court in the two cases of 'Tajpal Singh v. Ganga Sahai', AIR 195...
Banwarilal and anr. Vs. the State
Court: Allahabad
Decided on: Nov-25-1955
Reported in: AIR1956All341; 1956CriLJ664
Desai, J. 1. This is an appeal by Banwari Lal and Mahendra Nath, who are brothers, from a Judgment of the Additional Sessions Judge of Agra convicting them under Section 420/34 and 379/34 I. P. O. For the offence under Section 420/34 I. P. C. each of them has been sentenced to two years' rigorous imprisonment and a fine of Rs. 25,000/- (in default of payment of fine to undergo one year's K.I.) and for the offence under Section 379/34 each of them has been sentenced to two years' B.I. and a fine of Rs. 25,000/- (in default of payment of fine to undergo nine months' R.I.) The sentences for the two offences are to run concurrently.2. The appellants are residents of Khurja where they carry on Ghee business in the name of Ghamandilal Banwarilal. In 1946-1947 they carried on the business of Ghee grading under the name of Mahendra Nath & Co., in a building taken on rent from Mustajab Khan in Raja Ki Mandi in Agra. They had a Ghee grading centre and godowns in the ground-floor of ,the building...
Ram Nath Koeri and anr. Vs. Lakshmi Devi Sugar Mills and 2 ors.
Court: Allahabad
Decided on: Nov-25-1955
Reported in: (1956)IILLJ11All
Mootham, C.J. 1. I had the advantage of reading the judgment prepared by my brother; I agree with his conclusion for the reasons which he has given and there is little that I can usefully add. The principal question is whether the findings of the industrial court can be enforced as an award under Section 6 of the Uttar Pradesh Industrial Disputes Act, 1947. That section deals with awards and the action to be taken on them, and it is to be noted that the word 'award' is not defined in the Act, nor is it used elsewhere in the Act than in this section. The word must there-fore bear its ordinary meaning which is defined by Murray as ' a decision after examination of a judicial sentence, especially that of an arbitrator or umpire' and in Webster's International Dictionary as 'judgment,' sentence or final decision, specially the decision of arbitration in a case submitted. The question is therefore whether the finding of the industrial court under Clause 13 of the Government notification dat...
Brahmanand Vs. the State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Nov-24-1955
Reported in: [1956]7STC206(All)
ORDERChaturvedi, J.1. This is a petition under Article 226 of the Constitution.2. The only question that arises for decision in the present petition is whether betel leaves come within the meaning of the words 'green vegetables'. The question arises in this way. The U.P. Sales Tax Act was passed by the Legislature in 1948. The taxing section is Section 3 and Section 4, as originally framed, made exceptions in cases of a number of articles and these could not be made the subject-matter of taxation under Section 3. It specified itself a number of articles and also certain associations and further left it open for the State Government to include certain other associations also in the exemption. Section 4 was subsequently amended some time in 1950 and the amended section divides Section 4 into two sub-sections. Sub-section (2) is not relevant and, as far as Sub-section (1) goes, it lays down that no tax shall be payable on the articles mentioned in Clause (a) of that sub-section and also w...
Thakur Rudra Pratap Singh Vs. Thakur Mirtunjay Pratap Singh and ors.
Court: Allahabad
Decided on: Nov-22-1955
Reported in: AIR1957All28
D.N. Roy, J. 1. This is an application by Thakur Rudra Pratap Singh, defendant-appellant, for a certificate under Article 133 of the Constitution of India and Sections 109 and 110, Civil P. C. for leave to appeal to the Supreme Court. An application for amendment of the preliminary and final derees in a suit for partition was made by the applicant before the Civil Judge of Allahabad.That application was dismissed. Against that order a revision was filed in this Court and the revisional petition was also dismissed by our order of the 12-10-1954. The applicant desires to go to the Supreme Court in appeal against that order, and towards that end he prays for the necessary certificate.2. In order to appreciate the nature and the scope of the application certain facts have got to be stated. One Sheopal Singh had three sons Ajodhya Prasad Singh, Rang Bahadur Singh and .Mangan Singh. Ajodhya Prasad Singh was married to Kunjals Kuar and he left a son Mritunjya Pratap Singh, who was plaintiff 1...
Sm. Kamla Vs. Bhanu Mal
Court: Allahabad
Decided on: Nov-22-1955
Reported in: AIR1956All328
ORDERV.D. Bhargava, J.1. This is a reference under Section 14 of the Guardians and Wards Act. The facts of the case are that there was one Krishna Kumar Who died leaving his widow Srimati Kamla and her four children. Krishna Kumar's father is Bhanumal. After the death of Krishna Kumar it appears that Smt. Kamla with her three children went to Tehri where her father was residing. But as the children had to be educated she shifted to Roorkee and is residing with her maternal uncle, who is a professor in the Roorkee University.Krishna Kumar had died in a motor accident in 1952 when a roadways bus, in which he was sitting, on account of the rash and negligent driving, collided with some trees. A sum of Rs. 10,000/-was sanctioned by the State Government as compensation and this appears to be the bone of contention between the grandfather and the mother of the children regarding the appointment of the guardian.Bhanumal made an application before the Civil Judge of Gonda for appointment of th...
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