Allahabad Court December 1955 Judgments
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Hira Lal Patni Vs. Kali Nath
Court: Allahabad
Decided on: Dec-23-1955
Reported in: AIR1956All349
Agarwala, J. 1. A certificate under Article 133 of the Constitution was granted in the above appeal on 9-9-1955. Under Rule 7 of Order 45, Civil P. C., the appellant was to deposit Rs. 2,500/- as security within six weeks. On 4-11-1955, the applicant made an application for being allowed two weeks' further time within Which to deposit the necessary security money. The application was ordered to be put up on 11-11-1955, for orders. On 11-11-1955, the applicant made an application that the money had been received, that he might be allowed to deposit the necessary security and that the delay may be condoned. This application was opposed by Mr. Kirti on behalf of the respondent. Mr. Hari Swarup learned counsel for the appellant was permitted to deposit the security money in Court, if deposited within 24 hours. The security, we are informed, was duly deposited on 12-11-1955. 2. Mr. Kirti, on behalf of the respondent, has urged that, firstly this Court has no jurisdiction to grant further ti...
Brij Kishore Mehrotra and anr. Vs. G.P. Shrivastava
Court: Allahabad
Decided on: Dec-23-1955
Reported in: AIR1956All417; 1956CriLJ852
Desai, J. 1. This is an application by Brij Kishore and Mool Narain for contempt proceedings against Sri G. P. Srivastava, a first class Magistrate.2. The applicants, who are brothers, reside In Kanpur City in which they own buildings. One of the buildings was allotted by the Rent Control and Eviction Officer, Sri Saiyid Ullah to an institution in which the wife of the District Magistrate, Kanpur, was interested. The allotment was illegal and this Court on 24-ll-1953 quashed it under Article 226 of the Constitution End awarded to the applicants Rs. 200/- as costs against Sri Saiyid Ullah.It is alleged by the applicants that on account of these proceedings they incurred the displeasure of the executive: authorities in Kanpur district who maliciously started criminal proceedings under Section 8, U. P. (Temporary) Rent Control and Eviction Act, against them on 18-5-1954 in the Court of Sri Saiyid Ullah himself. The accusation made against them in these proceedings was that they failed to ...
Banwari Lal and anr. Vs. State
Court: Allahabad
Decided on: Dec-23-1955
Reported in: AIR1956All385; 1956CriLJ841
Sahai, J.1. The two appellants, Banwari Lal and Mahendra Nath who are brothers, have been convicted by the Additional Sessions Judge of Agra for an offence under Section 420 I.P.C. and have been sentenced to three years' R.I. and a fine of Rs. 25,000/- each; in default of payment of fine they have been directed to undergo further R.I. for one year. Out of the fine, if realised, Rs. 48,000/- are to be paid to the complainant firm Makhanlal Radheylal. The appellants were further charged for an offence under Section 487 I.P.C. tout were acquitted of the same.2. The facts of the case are that Banwari Lal appellant had a ghee-grading station at Khurja working under the style of Ghamandilal Banwarilal. The licence was suspended on 2-4-1946 under suspicion, because the accused showed having graded a quantity of ghee which appeared to the authorities to be impossible during the short period in which it was alleged to have been graded.3. Thereafter, the accused shifted their business from Khurj...
Jagjit Singh Vs. District Magistrate, Kanpur and ors.
Court: Allahabad
Decided on: Dec-21-1955
Reported in: AIR1956All486
Mootham, C.J. 1. I agree, but as we are differing from Bhargava J. I desire to state briefly my reasons for so doing.2. The two important questions in this case are, firstly, whether the proviso which appears at the foot of Sub-section (1) of Section 7-A is limited in its application to that sub-section, and, secondly, whether the Rent Control and Eviction Officer could by his order dated 22-12-1952, revoke his earlier order of the 6-11-1952.3. The proviso is in these terms:'Provided that no order under this section shall be passed if the District Magistrate is satisfied that there has been undue delay or it is otherwise inexpedient to do so.'The proviso in terms empowers the District Magistrate to refrain from passing any order which he is empowered to make under Section 7-A if he think it inexpedient to do so, and the only difficulty in giving full effect to the proviso is due to the fact that it has been placed after Sub-section (1). I do not however think that this is a sufficient ...
State Vs. Ghissu Khan and ors.
Court: Allahabad
Decided on: Dec-20-1955
Reported in: AIR1956All464; 1956CriLJ956
Mehrotra J.1. Ghissu, Mohar Singh, Janak Singh, Ranicharan, Pemraj and Baburam were tried by the learned Additional Sessions Judge of Budaun under Section 399, I. P. C. In the alternative they all but Mohar Singh were further charged under Section 402, I. P. C. Baburam, Ghissu Khan and Janak were further charged under Section 19/20 (f), Arms Act and accused Mohar Singh was further charged under Section 19(f), Arms Act.The learned Additional Sessions Judge acquitted all the accused under Section 399 or 402, I. P. C. He, however, convicted Janak Singh, Ghissu Khan and Baburam under Section 19/20 (f) of the Arms Act and sentenced them to three years' R. I 2 1/2 years' R. I. and 2 years' R. I. respectively. The three accused who have been convicted under Section 19/20 (f), Arms Act have filed an appeal to this Court against their convictions which is numbered Criminal Appeal No. 754 of 1952. The State has filed an appeal against Ghissu Khan, Janak Singh, Ramcharan, Pemraj and Baburam again...
Gobardhan Vs. the State
Court: Allahabad
Decided on: Dec-16-1955
Reported in: AIR1959All53
ORDERH.P. Asthana, J. 1. This is an application in revision by one Gobardhan who has been convicted under see-tion 60 (a) and (f) of the Excise Act by a first class Magistrate of Bareilly and has been sentenced to six months' R. I. and a fine of Rs. 200/- under Sub-clause (a) and to six months'' R. I. and a fine of Rs. 200/- under Sub-clause (f); the sentence of imprisonment being concurrent. His conviction and sentence was affirmed, in appeal, by the learned Sessions Judge, Bareilly. 2. It appears that on 28-9-1952, at about 6.45 a.m. the house occupied by the present applicant and his brother Jiwan and nephew, Kesari was searched by the Excise Inspectors, Sri M. L. Ehattacharya, and Sri Rampat Ram Srivastava accompanied by cer-tain witnesses. . The applicant was in possession of the upper storey in the nouffe and Jiwan and Kesari were living in the lower storey. On a search of the upper storey, which was in possession of the applicant, a brass vessel (Ex 3) containing illicit liquor ...
Mst. Atiqa Khatoon and ors. Vs. Mst. Aqila Bano and ors.
Court: Allahabad
Decided on: Dec-12-1955
Reported in: AIR1956All415
Upadhya, J.1. This is a plaintiffs' appeal arising out of a suit for an injunction. The plaintiffs alleged that the defendants had opened a door in their house through which they started passing over the plaintiffs' land and they had also constructed a 'parnala' through which they had started flowing water and this 'parnala' passed through the plaintiffs' land. The defendants' case was that the 'parnala' and the door were old and the defendants had acquired the right to use them as easements.The trial court decreed the suit. On defendants' appeal, the lower appellate Court after considering the evidence on record allowed the defendants' appeal in part and held that the door complained of was proved to be old, but dismissed the appeal so far as the 'parnala' was concerned. It further held that the defendants had the right of way through the door complained of and modified the decree of the trial Court to that extent.2. In this Second Appeal the respondents are unrepresented. Learned cou...
Upper Ganges Electric Employees Union Vs. Upper Ganges Valley Electric ...
Court: Allahabad
Decided on: Dec-08-1955
Reported in: AIR1956All491
Mootham, C.J. 1. This is an appeal from a judgment of Bhargava J. dated 20-1-1955, dismissing a petition under Article 226 of the Constitution. The circumstances in which the petition was filed can be stated shortly.2. On 8-11-1949, one G. E. Arratoon was appointed a general assistant on probation by the Upper Ganges Valley Electricity Supply Co. Ltd., the first respondent. On 3-4-1951 Arratoon was dismissed by the respondent company with effect from 1-6-1951.Arratoon had however in the meantime become a member of the appellant Union which took up his case and, on 16-4-1951, applied to the Regional Conciliation Officer for a settlement of the dispute which had arisen in regard to his dismissal. The Regional Conciliation Officer was not able to effect a settlement and he accordingly reported the matter to the State Government which by a notification dated 5-12-1951, referred to the State Industrial Tribunal the following questions:Whether the services of Sri G. E. Arratoon have been wro...
W.O. Holdsworth and ors. Vs. State of U.P. Through Commr. of Agricultu ...
Court: Allahabad
Decided on: Dec-06-1955
Reported in: AIR1956All392
Mootham, C.J.1. This is an application under Article 133(1) of the Constitution for leave to appeal to the Supreme Court from a judgment of this Court dated 19-4-1955, answering adversely to the applicants a reference made to it by the Revision Board under Section 24 of the United Provinces Agricultural Income-tax Act, 1948.2. The applicants had been assessed to Agricultural Income-tax under that Act, and an appealmade by them under Section 21 of the Act against theorder of the assessing authority had been dismissed.Sub-section (2) of Section 24 provides that in such circumstances an assessee may within the time prescribedand upon payment of the requisite fee apply to theRevision Board to refer to the High Court anyquestion of law arising out of the appellate order,and Sub-section (7) so far as it is relevant, then providesthat'The High Court upon the hearing of any such case shall decide the questions of law raised thereby and shall send to the Revision Board a copy of such judgment u...
Anant Ram Misra Vs. A.N. Dixit and anr.
Court: Allahabad
Decided on: Dec-05-1955
Reported in: AIR1956All527
Randhir Singh, J. 1. This is a special appeal from an order of a learned single Judge of this Court in a writ matter. 2. The appellant Anant Ram Misra was originally in the employ of the Food and Civil Supplies Department. After his retrenchment from that service he obtained a temporary employment as a clerk in the office of the District Relief and Rehabilitation Officer. On 23-4-1954 he was served with a notice of the termination of his services with effect from 12-5-1954. He had also made an application for the grant of leave on medical grounds which had be'en refused. After the termination of his services the appellant made certain representations to the Commissioner for Relief and Rehabilitation and to the Minister in charge of the . Department but none of them proved fruitful. He ultimately made an application under Article 226 of the Constitution of India for a writ in the nature of mandamus or in the nature of certiorari and prayed that the District Relief and Rehabilitation Off...
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