Allahabad Court February 1955 Judgments
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Laxmi Narayan Acharya Vs. Lt. Col. C.B. Mahajan
Court: Allahabad
Decided on: Feb-25-1955
Reported in: AIR1955All534
ORDERMukerji, J.1. This is a petition under Article 226 of the Constitution by one Laxmi Narain Acharya praying for a writ or direction whereby this Court should direct the opposite parties 'to recall their order cancelling the petitioner's B. A. and previous LL. B. degrees and to restore these degrees to the petitioner forthwith'. In order to appreciate the prayer it is necessary to state a few facts.2. The petitioner applied to the Agra University which is a body corporate, constituted under an Act of the Local Legislature, namely, the Agra University Act of 1926 for among other things, conducting Examinations and awarding Degrees including the degree of Bachelor of Arts.3. An application was made by the petitioner to take the Examination of Bachelor of Arts. The application was made by the petitioner in the prescribed form on 28-8-1950. The application was received in the office of the Registrar of the University' on 6-9-1950. After a consideration of the application, permission was...
Pt. Bansgopal Tewari and ors. Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Feb-25-1955
Reported in: AIR1955All546
ORDERV. Bhargava, J.1. This petition under Article 226 of the Constitution was originally filed by 19 persons who were all ex-intermediaries of the erstwhile Banaras State which merged with the State of Uttar Pradesh in November 1949. Subsequently the petition was amended and the names of 18 of the petitioners were removed leaving only one petitioner Markande Upadhya so that the petition has been heard on merits as a petition presented by him alone.It appears that before the merger of the erstwhile Banaras State in the State of Uttar' Pradesh, the rights of zamindars and cultivators in the State of Banaras used to be governed by the Banaras State Tenancy Act (Act 3 of 1949) which came into force on 1-10-1949. When the Banaras State was merged in the State of Uttar Pradesh, this Banaras State Tenancy Act (3 of 1949) continued to remain in force under clause 6 of the Banaras State (Administration) Order, 1949, not having been repealed by the Banaras Application of Laws Orders, 1949, and ...
Radha Ballabh Vs. Bahore Ram Chand
Court: Allahabad
Decided on: Feb-25-1955
Reported in: AIR1955All679
Agarwala, J. 1. This is a defendant's appeal arising out of a suit for ejectment. The plaintiff respondent is the owner of a building which was let out to the defendant appellant under an unregistered rent-note executed by the defendant-appellant. The rent agreed to be paid was from month to monthat the rate of Rs. 50/- per month according to the Hindi Calendar.2. The evidence disclosed that the lease was for the purpose of establishing a Dal factory, that is, for a manufacturing purpose. The defendant-appellant held over after the expiry of the rent note and rent was accepted by the plaintiff-respondent. On the 13th January, 1960, the plaintiff-respondent gave fifteen days' notice to the defendant-appellant for vacating the premises and when the defendant-appellant did not vacate, he filed the present suit for his ejectment.The defendant-appellant's contention, Inter alia, was that the notice was defective inasmuch as the lease being for a manufacturing purpose he was entitled to six ...
Vishwamitra Karyalaya Press Vs. Authority Appointed Under Payment of W ...
Court: Allahabad
Decided on: Feb-25-1955
Reported in: AIR1955All702
ORDERM.L. Chaturvedi, J.1. These are three petitions under Article 226 of the Constitution, which may conveniently be disposed of by the same judgment, because the points that arise in them are common and relate to the same institution namely, the Vishwamitra Karyalaya (Press).2. The petitioner in these petitions is the Vishwamitra Karyalaya (Press), Mahatma Gandhi Road, Kanpur. The press publishes a Hindi newspaper known as 'Vishwamitra' at Kanpur. The press has been registered as a factory under the Factories Act and there is a licence for the premises No. 965 Mahatma Gandhi Road. The respondents 2 to 14 of petitions Nos. 970 and 971 of 1953, and 2 to 9 of petition No. 987 of 1953, are the employees or were the employees of this Karyalaya.Some of them were sub-editors, same compositors and one was a Daftari. There were certain disputes between the Karyalaya and respondents 2 to 14 of petition No. 970 of 1953, which were referred for adjudication to some Industrial Tribunal, and the m...
L. Nawal Kishore Vs. Rameshwar Nath and ors.
Court: Allahabad
Decided on: Feb-24-1955
Reported in: AIR1955All594
Agarwala, J.1. This is a defendant's appeal arising out of a suit for recovery of damages for wrongful attachment of property. The facts, briefly stated, are as follows:2. Two persons, Khawja Baksh and Riaz Uddin, were adjudged insolvents on the application off the appellant Nawal Kishore. In the insolvency proceedings certain property, was attached by the Official Receiver as belonging to the insolvents. This property consisted of a big building in which was housed a printing press and which contained nineteen shops. Eleven of the shops and the hall housing the printing machines had been purchased by Bishambar Nath Khazanchi, the original plaintiff in the suit, prior to the insolvency proceedings.Bishambar Nath Khazanehi objected to the attachment and sent a notice to the Official Receiver to release the property. As the property was not released he filed a suit for the declaration of his title on 11-4-1935. The property was, however, released during the pendency of the suit pn 10-11-...
Sharda Prasad Srivastava Vs. Accountant General, Uttar Pradesh, Allaha ...
Court: Allahabad
Decided on: Feb-23-1955
Reported in: AIR1955All496; (1957)ILLJ37All
ORDERV. Bhargava, J. 1. Sharda Prasad Srivastava has prayed for the issue of a writ of certiorari under Article 226 of the Constitution quashing the order dated 21-9-1954 removing the petitioner from service passed by the opposite party, the Accountant General, Uttar Pradesh, Allahabad. 2. The petitioner was appointed as a temporary upper division clerk in the office of the Accountant General, Uttar Pradesh, Allahabad in August 1950, he having applied for appointment to that post in response to an advertisement in the press inserted by the opposite party. According to the petitioner, the advertisement contained no condition that, after selection to the post and after working therein, the continuance of the petitioner's service was conditional on appearing and passing in a departmental examination. Nor was any such condition incorporated in the letter of appointment or in the contract of service which the petitioner was required to sign. The petitioner goes on to state that some time ab...
Sm. Bhagwati Kuer and ors. Vs. Lal Bahadur and ors.
Court: Allahabad
Decided on: Feb-22-1955
Reported in: AIR1955All422
Mukerji, J. 1. This is a petition under Article 226 of the Constitution. The petition originally contained three prayers to which it is, however, unnecessary for us to refer as on 17-2-1955 the petitioner was given leave to amend his petition by adding thereto a fourth prayer, and learned counsel has confined his argument to the relief sought in that prayer. The fourth prayer is:'That the opposite party No. 3 be directed by a writ of mandamus to decide the appeal pending before him according to the provisions of the U. P. Act 17 of 1939 and he commanded by a writ of prohibition not to apply the provisions of Section 20 of V. P. Act 1 of 1951.'2. The facts on which this petition was made, briefly stated, were these. On 8-11-1952 petitioner 1 obtained a decree, in a suit under Section 180, U. P. Tenancy Act, 1939, for the ejectment of respondents 1 and 2 from certain plots of land. From that decree these respondents appealed to the Additional Commissioner, Allahabad and Jhansi Divisions,...
Mool Chand and ors. Vs. Smt. Brijmani Devi and ors.
Court: Allahabad
Decided on: Feb-22-1955
Reported in: AIR1955All680
Agarwala, J. 1. This is an application for leave to appeal to the Supreme Court. The facts, briefly stated, are as follows:2. Certain plots of land were let out by three persons, Govind Prasad Sen, Krishna Prasad Sen & Ram Prasad Sen, brothers, to one Moolchand by means of a deed of lease D/- 30-9-35 for a period of ten years on a monthly rent of Rs. 52/8/-. The lease was renewable at the expiration of ten years for another period of ten years. There was a condition in the lease that in case of default of payment of rent for six months the lease was to determine and the lessors were given a right of re-entry over the land. The lessee Mool Chand made costly constructions over the land and it is alleged that this was done under an agreement of sale between the lessors and the lessee which, however, did not materialise.Later on Moolchand sublet the land and the buildings to the applicant before us, namely, Sri Theatres Limited, on an annual rent of Rs. 1350/-. Moolchand did not pay the mo...
Rameshwar Swarup Vs. Surajmal Shyam Sunder and anr.
Court: Allahabad
Decided on: Feb-21-1955
Reported in: AIR1955All676
Agarwala, J. 1. These are 8 connected appeals arising out of two insolvency petitions filed by two creditors against the same debtor. The facts briefly stated are as follows: Two persons Govind Ram and Gopal Das carried on a business of supplying goods to order at Farrukhabad under the name and style of Ram Swarup Govind Ram. They set out to swindle a large number of persons in different places by pretending to be able to supply a large stock of various commodities. They would offer to supply goods against payment of 50 per cent. of the price which was to be paid against Railway Receipts of the goods on condition that the balance of 50 per cent, was to be paid as and when the goods were sold by the consignees. This being a very tempting offer, attracted many persons who on getting Railway Receipts paid various amounts of moneys to Govind Ram and Gopal Das. It, however, turned out that the Railway Receipts were bogus as they were not in respect of any real goods. When the customers dis...
ishrat HussaIn Vs. Deputy Custodian and ors.
Court: Allahabad
Decided on: Feb-18-1955
Reported in: AIR1955All538
ORDERM.L. Chaturvedi, J.1. This is a petition under Article 226 of the Constitution.2. The land in dispute (Plot No. 100 situate in village Mokaratpar district Meerut) was previously owned by one Mohammadi Begum who left for Pakistan in April 1950. A notice was issued by the Assistant Custodian, Evacuee Property, Meerut, under Section 8(4), Administration of Evacuee Property Act, sometime in October 1950, asking the petitioners to show cause why the lease of the aforesaid plot should not be cancelled, as the land had become evacuee property after the departure of Mohammadi Begum to Pakistan. It appears that the petitioners had entered into possession of this land even during the time that Mohammadi Begum was in India, but the exact date when they entered into possession is a matter of dispute between the parties.The petitioners say that they obtained a lease in 1947 (1355 F.) from Mohammadi Begum, but this fact is denied in the counter-affidavit, filed on behalf of the respondents. In ...
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