Allahabad Court March 1955 Judgments
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Sheo Prasad Kanhaya Lal Vs. Municipal Board Bahraich
Court: Allahabad
Decided on: Mar-16-1955
Reported in: AIR1955All508
Kidwai, J.1. Messrs. Sheo Prasad Kanhaiya Lal & Rameshwar Lal Bisheshwar Lal are two registered firms having their offices within the municipal limits of Bahraich and having a rice mill in the district of Bahraich outside municipal limits. Lalas Kanhaya Lal and Bisheshwar Lal are the managing partners of their respective firms.2. The Municipal Board of Bahraich imposed a circumstances and property tax amounting to Rs. 534 and Rs. 569/- on the two firms respectively for the year 1948 to 1949.3. On 23-3-1949 the firm of Sheo Prasad Kanhaiya Lal instituted suit No. 135 of 1949 in the court of the Munsif Bahraich against the Municipal Board of Bahraich and on 24-3-1949 Messrs. Rameshwar Lal Bisheshwar Lal instituted suit No. 137 of 1949 in the same court against the same defendant.4. The plaintiff's of the two suits contested the validity of the tax on the ground that it was in excess of Rs. 50/- which is the maximum limit of such a tax under Act 20 of 1941 (The Professions Tax Limitation ...
B. Lachhmi Das and ors. Vs. Panchmurti Shivalinga
Court: Allahabad
Decided on: Mar-16-1955
Reported in: AIR1955All635
Raghubar Dayal, J. 1. Panchmurti Shivaling alias Pancho Pandwa filed a petition to institute a suit in forma pauperis' against a number of opposite parties. The application to sue as a pauper was rejected on 25-8-1945, it being held, after notice had been issued to the Collector and the opposite parties, that it had not been made out that the plaintiff deity was a pauper. The plaintiff-applicant then tiled another application for the review of this order. This application was allowed on 17-11-1945. By this order, the previous order of 25-8-1945 was cancelled and the Collector was required to report about the financial position of the plaintiff deity. The opposite parties were allowed an opportunity to oppose the application. Finally on 16-3-1946 the Court ordered: '1 accept the Collector's report that the plaintiff is not a pauper. The application is, therefore, rejected with costs to the opposite parties concerned. The plaintiff will pay court-fee necessary for the suit within 30 day...
V.D. Jhingan Vs. State
Court: Allahabad
Decided on: Mar-15-1955
Reported in: AIR1955All531; 1955CriLJ1310
ORDERMulla, J.1. This is an application under Section 561A, Criminal P. C. praying that the criminal proceedings pending before Sri B. N. Zutshi, Special Judge, Anticorruption be quashed. The applicant in this case is Sri V. D. Jhingan who was employed as Assistant Director, Enforcement, by the President of India in the Ministry of Industry and Commerce on 25-3-1949.2. The prosecution case is that on 11-9-1951 the applicant accepted' a sum of Rs. 10,000/- as the first instalment out of an agreed total of Rs. 30,000/- as an illegal gratification for recommending to the 'District Magistrate, Kanpur, that the cloth licence issued to one Sri Sidh Gopal may not be cancelled. Thus charge was investigated by the Special Police Establishment, Delhi who recovered this amount from the applicant.The prosecuting agency then applied for sanction to prosecute the applicant but the Ministry of Industry and Commerce instead of granting the sanction at that stage decided to bold an enquiry under Rule 5...
Ram Krishna Murarji Vs. Ratan Chand and anr.
Court: Allahabad
Decided on: Mar-14-1955
Reported in: AIR1956All32
Brij Mohan Lall, J. 1. This is an execution First Appeal against a decision of the learned Civil Judge of Kanpur. The latter has upheld the plea of limitation raised by Sri Niwas, respondent 2, and has struck off the execution application. The only point argued- before me is whether the execution application was time-barred. 2. To understand the facts which give rise to the question of law, it is necessary to state the following genealogical table of which the accuracy is not disputed viz.: HARDEO DAS= SRIMATI GODAVARI __________________________|_____________________ | | Ratan Chand = Gulab Chand Srimati Lachchmi Divi | Sri Niwas.3. On 5-12-1920 Gulabchand, acting for him-self and as certificated guardian of his brother, Ratanchand (then a minor), executed a mortgage deed for Rs. 10,000/-- in favour of Thakur Ram Krishna Murar Ji, hereinafter described as appellant. The appellant sued on the mortgage and obtained a decree against Gulabchand and Ratanchand on 26-7-1922. In 1923 Ratanch...
Sahu Jagdish Prasad Vs. Pandit Shreedharpant and ors.
Court: Allahabad
Decided on: Mar-07-1955
Reported in: AIR1955All625
Agarwala, J.1. This is a defendant's appeal arising out of a suit for possession of certain property. The plaintiffs in the action which has given rise to this appeal claim to be the reversioners of one Ganga Prasad who died as long ago as the year 1875 as a minor without any issue. His successor was his mother, Shrimati Hardei. Hardei died in 1933. The reversioners brought the suit within twelve years of her death for the recovery of the estate of Ganga Prasad.They impleaded the transferees of the estate also in the suit. In this appeal we are concerned with one of the transferees namely, Sahu Jagdish Prasad, arrayed as defendant 14.2. Sahu Jagdish Prasad is in possession of the property of village Bhagwantpur. This property was not the property of Ganga Prasad. It had been acquired by Shrimati Hardei from certain debtors of Ganga Prasad, partly in lieu of Ganga Prasad's debts and partly in lieu of some money which was the 'Stridhan' property of Shrimati Hardei. According to the plain...
Ram Charan and ors. Vs. Debi Dayal Dubey
Court: Allahabad
Decided on: Mar-04-1955
Reported in: AIR1955All483; 1955CriLJ1223
Desai, J. 1. This is an application for contempt proceedings against Sri Debi Dayal Dubey, President of the Municipal Board, Etawah; he is alleged to have disobeyed an injunction issued by this Court. 2. The applicants instituted a suit in the court of the Civil Judge, Etawah, against 'the Municipal Board of Etawah, through the Chairman, Municipal Board, Etawah', for injunction to restrain the Board from constructing shops at the back of the applicants' shops Nos. 32 to 54 except Nos. 33, 39 and 43, situated in Humeganj Market of Etawah. The land in dispute was a strip 10 feet wide at the back of the shops and the Board was constructing shops to be let out to refugees on rent. The applicant's contention was that the land belonged to them and not to the Board. The suit was contested by the Board which claimed ownership in itself over the land. It was dismissed by the Civil Judge and the applicants fifed First Appeal No. 146 of 1954 in this Court on 27-4-1954. During the pendency of the ...
Triloki Singh Vs. Returning Officer, Lucknow and ors.
Court: Allahabad
Decided on: Mar-04-1955
Reported in: AIR1955All536
ORDERKidwai, J.1. Sri Triloki Singh was a candidate for election to Lok Sabha from the Lucknow District Central Constituency. The two other candidates were Srimati Sheorajvati Nehru and Sri Atal Behari Bajpai. All the processes of the election took place up to 27-2-1955. Thereafter the counting of votes commenced from 1-3-1955. Tin's petition was filed on 2-3-1955 under Articles 226 and 227 of the Constitution of India praying for certain directions to to be issued and for a declaration to be made that the counting of votes on 1-3-1955 was invalid and inoperative in law.The direction that was asked for was to the effect that the Returning Officer should be prohibited from following the result of, what is called, his 'illegal procedure' in counting votes and should not prepare and certify the return in form No. XVI and should not cause it to be published in the Gazette. An interim order for the sealing of necessary papers was also prayed for but that order was not issued and must now be...
Narayan Singh Vs. Smt. Bahadur Kunwar
Court: Allahabad
Decided on: Mar-03-1955
Reported in: AIR1955All634
Agarwala, J.1. This is a reference by the Junior Secretray and Chief Inspector of Stamps, Board of Revenue Allahabad, under Section 61, Stamp Act.2. The Inspector of Stamps and Registration Kanpur Circle, in the course of inspection of therecords of the Civil Judge's Court, Etawah, defected a document (Paper No. 20 attached to List 32/2C filed in Suit No. 18 of 1947) and was of opinion that it was written in contravention of Section 13, Stamp Act and Rule 7 of the Stamp Manual. The document was a composite document consisting of a sale deed and a deed of release, executed by one Kr. Narayan Singh, son of Kr. Sati Singh, resident of village Asjana, Pargana Bidhuna, district Etawah.The stump required on the sale deed and the deed of release was of the value of Rs. 403/2/-. The Treasury supplied the stamp in ten sheets. Seven sheets were used up in writing out the contents of the documents. Three sheets remained. They were utilised by defacing the stamp with a cross and by the parties to ...
Badhyamal Narayan Das Vs. Chairman, District Board, Banaras and anr.
Court: Allahabad
Decided on: Mar-02-1955
Reported in: AIR1955All541
ORDERMehrotra, J.1. This petition has been filed under Article 226 of the Constitution praying that a writ of mandamus 'be issued directing the opposite party, the Chairman, District Hoard, Banaras, not to enforce the bye-laws framed by the said opposite party No. 1, under cc, 10 of 1922. It is further prayed that an order be issued to the opposite party No. 1 not to demand any licence fee, as contemplated by the said bye-law for the running of the brick-kiln and a writ of certiorari be issued quashing the notification.2. The applicant is a brick manufacturer in the district of Banaras and is carrying on his business within the limits of the District Board. In the year 1945 the bye-laws were framed under Section 174(2)(k) of the U. P. District Boards Act providing that each brick-kiln owner shall have to take a licence from the Board for running a brick-kiln and pay a licence fee of Rs. 10/-. Attempts were made subsequently by the District Board to enhance the licence fee from Rs. 10/-...
Jiwan Mal and Co. Vs. Secretary, Kanpur Loha Mills Karamchari Union, C ...
Court: Allahabad
Decided on: Mar-02-1955
Reported in: AIR1955All581; (1957)ILLJ442All
Raghubar Dayal, J. 1. This is a petition under Article 220 of the Constitution praying for the issue of a writ of certiorari quashing the order of the State Industrial Tribunal in a certain appeal in so far as it effected a modification or amendment of certain draft standing orders submitted by the petitioner company to the Certifying Officer and for the issue of a direction to the State Industrial Tribunal to declare that the said draft standing orders were certifiable under Section 4 of the Industrial Employment (Standing Orders) Act (Act XX of 1946).2. The petitioner-company submitted certain draft standing orders to the Certifying Officer for certification in view of Section 3 of the Industrial Employment (Standing Orders) Act, 1940, which provides that within six months from the date on which this Act becomes applicable to an industrial establishment, the employer shall submit to the Certifying Officer five copies of the draft standing orders proposed by him for adoption in his in...
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