Allahabad Court November 1955 Judgments
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State Vs. Beni Bahadur Singh
Court: Allahabad
Decided on: Nov-11-1955
Reported in: 1957CriLJ268
ORDERRoy, J.1. This is a criminal revision on behalf of the State of Uttar Pradesh against an order dated the 20th of April, 1954, passed by the Sessions Judge of Gorakhpur, allowing a Criminal appeal filed by the opposite-party by which ho set aside an order dated the 9th of April, 1953, passed by a learned Judicial Magistrate of the First Class by which the Magistrate allowed a compensation of Rs. 7 per worker to each of 1,400 workers belonging to the Padrauna Raj Krishna Sugar Works Limited, Padrauna, under the provisions of Section 15 of the Payment of Wages Act, No. IV of 1936.2. A preliminary objection has been taken by the opposite-party to the effect that a revision does not lie.3. The Chief Inspector of Factories complained to the District Magistrate of Deoria that Sri Beni Bahadur Singh, the Manager of the Padrauna Raj Krishna Sugar Works Limited, who was the person responsible under the Payment of Wages Act for the payment of wages to 1,400 of the workers, failed to pay the ...
Mohammad Hasan and ors. Vs. Bachai Ram
Court: Allahabad
Decided on: Nov-10-1955
Reported in: AIR1956All203
Kidwai, J.1. This is a suit instituted by the respondent for ejectment of the appellants from a building which had been leased by the respondent's predecessor to the predecessor of the appellants. The lease was executed on 15-10-1940 and was to continue for a period of ten years, the rent reserved being Rs. 35/- per annum for the first three years and Rs. 30/- per annum for the remaining seven years.On 13-8-1950 the plaintiff gave a notice calling upon the defendants-appellants to vacate the house but the defendants-appellants did not do so. On 30-10-1950 the plaintiff again sent a registered notice asking the defendants to pay up the arrears of rent from January 1950 and to vacate the house since the lease had determined but this also led to no result. The period of time allowed for vacating the house was up to 15-5-1951.On 4-5-1951 the plaintiff-respondent again gave a notice to the appellants to pay the arrears within one week and to vacate the house. The appellants failed to pay th...
Sm. Balika Devi and anr. Vs. Kedar Nath Puri
Court: Allahabad
Decided on: Nov-10-1955
Reported in: AIR1956All377
H.S. Chaturvedi, J. 1. This is a revision by Srimati Balika Devi and her son Ramesh Chandra arising out of proceedings instituted by Kedar Nath Puri under Section 8, Arbitration Act. 2. Learned counsel for the opposite party has raised a preliminary objection that no revision lies under the provisions of Section 115, Civil P. C. His contention is that the Arbitration Act makes provision for appeals only under Section 39 of the Act, and there being no provision for a revision, it should be inferred that the Legislature intended to exclude the operation of Section 115 to orders passed under the Arbitration Act. We think that this contention is concluded I against the opposite party by decisions of this Court which are binding on us: 'Mt. Mariam v. Mt. Amina : AIR1937All65 ; 'Charan Das v. Gur Saran Das Kapur : AIR1945All146 . 3. The facts which culminated in the filingof this revision may now be briefly stated: -- 4. One Badri Nath Kochar was carrying on contract business in Kanpur. It i...
Ram Kumar Shukla Vs. the State
Court: Allahabad
Decided on: Nov-10-1955
Reported in: 1962CriLJ122
ORDERA.N. Mulla, J.1. This is an application of revision filed by Sri Ram Kumar Shukla, who is the editor of a Hindi Weekly paper entitled 'Yogantra' which is printed and published at Kanpur. Sri Shukla has been convicted under Section 500 I.P. Code and sentenced to six months' simple Imprisonment and a fine of Rs. 500/- in default further simple imprisonment for six months2. The charge against the applicant was that in the issue of the Yogantra dated the 29th of August. 1948, he published an article which was printed under the name of 'Vishwa Bharati' which contained defamatory allegations against Sri S.P. Mehra, who is the editor of another English Weekly paper entitled 'Citizen', which is also printed and published at Kanpur. Sri Mehra, apart from being the editor of this English Weekly, is also the Honorary Secretary of the Anti-Tuberculosis Association of Kanpur since its inception in 1946. It was the character of Sri Mehra as the Honorary Secretary of this Association which was a...
Sirajul Haq Khan and anr. Vs. Custodian, Evacuee Properties, Lucknow a ...
Court: Allahabad
Decided on: Nov-09-1955
Reported in: AIR1956All161
M.L. Chaturvedi, J. 1. This is a petition under Article 226 of the Constitution.2. The two petitioners and Mohammad) Nazim are brothers and the three owned certain tenancy plots in the district of Saharanpur. Mohammad Nazim migrated to Pakistan and his l/3rd share was declared to be evacuee property. The case was then reported to the Competent Officer appointed under Evacuee In-terest (Separation) Act of 1951. The Competent officer issued notices to the petitioners and the Custodian, and the petitioners submitted their claim.They fixed the price of these plots at Rs. 50/-per Bigha and wanted the share of the evacuee to be sold to them at that price. The Competent Officer heard the parties and he passed an order on 18-2-1955 holding that the share of the two petitioners came to 2/3rd and that of the evacuee to l/3rd and that, because none of the parties was willing to purchase the share of the other, the shares were to be separated by actual partition. As regards the valuation, he said ...
Baij Nath and anr. Vs. State
Court: Allahabad
Decided on: Nov-08-1955
Reported in: AIR1956All234; 1956CriLJ449
ORDERMulla, J.1. This is a criminal reference made by the learned Sessions Judge, Rae Bareli, recommending that the conviction of the applicants Baijnath and Mohammad under Sections 12, 13 and 14 of the U. P. Opium Smoking Act (U. P. Act No. III of 1934) be set aside.2. It appears that on the 3-7-1954, at about 5 P. M. Sri Gupta, the second Officer of police station Nasirabad, District Rae Bareli, was passing in front of the house of one Wahab, a gold, smith, in the town of Jais, He saw the two applicants smoking opium in a room of Wahab's house by the road side. He thereupon stopped three passers-by and in their presence recovered smoking pipes from the possession of both the applicants. He also recovered opium -weighing about half an anna from the possession of Mohammad. After making a memorandum ofthis recovery, he filed a case against the two applicants.3. The learned Sessions Judge came to the conclusion that in view of Section 19-A, U. P. Opium, Smoking Act, as amended by U. P. A...
Kashi Prasad Singh Vs. Gupteshwar Singh and anr.
Court: Allahabad
Decided on: Nov-08-1955
Reported in: AIR1956All431
Brij Mohan Lall, J.1. This Civil Revision is connected with First Appeal from Order No. 328 of 1952.2. It appears that the applicant, Thakural Kashi Prasad Singh and two of the opposite parties, viz., Thakurai Gupteshwar Singh and Thakurai Jagdish Prasadi Singh, executed an arbitration agreement on 29-4-1950. They appointed two persons, viz., Sri Raj Kishore Singh and Sri Mutun Behari Singh, as arbitrators and a third person, Sri Jai Shankar Lal Vakil, as Sarpanch. As no suit was pending, the arbitration was intended to take place without the intervention of the court.It so happened that Sri Raj Kishore Singhand Sri Mutun Behari Singh refused to act asarbitrators. Thereupon Thakurai Gupteshwar Singhserved notices on the other twoexecutants of the arbitration agreementcalling upon them to nominate fresh arbitrators. No step was taken by the remaining twoexecutants on receipt of these notices, whereuponThakurai Gupteshwar Singh made an applicationto court under Section 8(2), Indian Arbit...
Waqf Estate of Nawab Mohd. Azmat Ali Khan Vs. U.P. State and anr.
Court: Allahabad
Decided on: Nov-07-1955
Reported in: AIR1956All416
Brij Mohan Lall, J. 1. This is a reference by the learned Additional Civil Judge of Muzaffarnagar under Section 113, Civil P C. A question arose before him about the validity of Section 11, U.P. Land Acquisition (Rehabilitation of Refugees) Act No. 26 of 1948. Till the date of the reference, i.e., 21-12-1953 there was no reported decision of this Court on that point. The learned Judge was, therefore, competent under the proviso of Section 113 to make a reference to this Court.2. During the pendency of this reference, an exactly similar question came up for decision before a Division Bench of this Court. The decision is reported in -- 'H. P. Khandelwal v. State of Utar Pradesh', (S) AIR 1955 All 12 (A). The said Bench held the aforesaid provisions to be ultra vires the legislature. In 1955, however the Constitution was amended, and as a result thereof, the decision of the Division Bench has ceased to be good law.Article 31B of the Constitution declares that none of the Acts specified in...
In the Goods of Ernest Raymond Yakchee, Late of Gorakhpur
Court: Allahabad
Decided on: Nov-04-1955
Reported in: AIR1956All152
Brij Mohan Lall, J.1. This is an application for the probate of a will executed by Ernest Raymond Yakchee who died in the night between the 9th and the 10th of September, 1954. The petitioner is required by Section 19-I of the Court Pees Act (VII of 1870) to deposit the amount of court fee payable for the probate before an order for the grant of probate can be made. Similarly Section 57(b) of the Estates Duty Act (34 of 1953) lays down that no order entitling the applicant to the grant of probate or letters of administration can be made unless a certificate is produced from the Controller of Estate Duty to the effect that the Estate duty has been paid or will be paid or that none is due.2. The petitioner has no funds in his hands. We are informed that the amount of court fee and the Estate duty payable in respect of this Estate will come to Rs. 52,302/-. The question that has arisen for our decision is as to what procedure is to be adopted for finding funds for payment of court fee and...
New India Tennery, Kanpur Vs. M.P. Nigam and ors.
Court: Allahabad
Decided on: Nov-04-1955
Reported in: AIR1956All179; [1956]29ITR54(All)
ORDERM.L. Chaturvedi, J.1. This is a petition under Article 226 of the Constitution.2. The facts of the case in brief are that a concern known as the Saghir Tannery of Kanpur owned machinery and some other property. The Saghir Tannery found itself in difficulties as it had to pay a sum of about Rs. 92,000/- to a bank and certain sums to a number of other creditors. The Saghir Tannery was a private limited company and the company consisted of two individuals, Mohammad Ibrahim and Jan Mohammad, who were also its Managing Directors (as appears from the copy of the sale deed filed by the petitioner in this case).These two persons executed a registered sale deed in favour of Abdul Qaiyum and Altaf Ahmadon 30-5-1950 for a sum of Rs. 1,40,000/-. The amount, it appears, was duly paid by the purchasers, who got possession of the property sold. These two purchasers then entered into a partnership with Elahi Bux and admitted also a) minor Khurshid Ahmad to the benefits of the partnership. This pa...
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