Allahabad Court August 1955 Judgments
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Mahadeo Prasad and ors. Vs. Kamala Varma and ors.
Court: Allahabad
Decided on: Aug-19-1955
Reported in: AIR1956All51
James, J.1. These applications for setting aside an arbitration award have arisen in circumstances which require to be described in some detail.2. The Kayastha Pathshala, Prayag (Allahabad), is an old charitable and educational institution registered under Act 21 of 1860, and its affairs are governed by its registered Rules entitled 'The Rules of the Governing Council of Trustees' (herinafter referred to as the Rules). All properties held by and in the name of the Kayastha Pathshala' vest in the Governing Council, According to the Rules, ten classes of persons belonging to the, Kayastha Community are eligible for membership of the Council. The most important of these for described in Clause (1) of Rule 7 of the Rules and may for the sake of convenience be termed ''donor -- trustees, and conditions have been laid down which a person must fulfil before he can be enrolled as a donor -- trustee.The Governing Council is headed by a President who is invested with wide powers in managing the ...
Om Prakash and ors. Vs. the State
Court: Allahabad
Decided on: Aug-19-1955
Reported in: AIR1956All163; 1956CriLJ358
James, J. 1. Om Prakash, Ganga Sahai, Banney, Sharafat, Bhopal and Hira Singh were tried before the Sessions Judge of Moradabad for the offence of dacoity accompanied with murder under Section 396 I.P.C. The learned Judge found the evidence against Bhopal and Hira Singh insufficient and acquitted them. He held the charge fully proved against the remaining four persons.He sentenced Om Prakash to transportation for life, while to Ganga Sahai, Banney and Sharafat he awarded rigorous imprisonment for fourteen years each. In addition he imposed a fine of Rs. 100/- on each of the pe.isons he found guilty. The present appeal has been preferred by these four persons against their conviction and sentences.2. The offence took the form of a highway robbery by more than five persons who were armed with pistols and lathis. The victims were a dozen shopkeepers of the town of Sambhal, most of whom are refugees from what it now is West Pakistan. They have given the details of the crima It appears from...
Mst. Sarojini Devi Vs. Rent Control and Eviction Officer, Allahabad an ...
Court: Allahabad
Decided on: Aug-18-1955
Reported in: AIR1956All100
ORDERMehrotra, J.1. This is an application under Article 226 of the Constitution praying that a writ of Certiorari quashing the order dated 30-11-1954 passed by the Munsif West Allahabad by which he ordered the ejectment of the petitioner from the house No. 8 Lowther Road Allahabad be issued.2. The facts disclosed in the affidavit filed in support of the petition are that one Pt. Laxmi , Narain Tiwari had taken plot No. 55 George Town Allahabad under a lease dated 13-7-1915 and had constructed a house on the said plot which was subsequently numbered 8, Lowther Road. He died in the year 1925 leaving behind his widow Mst. Ganga Devi and four daughters Mst. Manorama Devi Shanti Devi, Sarojini Devi, Ram Shri Devi. They were all unmarried at the time of his death.The petitioner, as will appear from the affidavit mentioned above, is the third daughter of late Pt. Laxmi Narain Tiwari. Certain sum of money was left by him in cash in the Allahabad Bank and also a Printing Press called the Georg...
Jagannath Prasad and ors. Vs. Mst. Ram Dularey and ors.
Court: Allahabad
Decided on: Aug-17-1955
Reported in: AIR1956All63
Agarwala, J.1. This is a plaintiff's appeal arising out of a suit for the recovery of a sum of Rs. 10,000/- from the defendants respondents. The facts, briefly stated, are as follows:2. One Baijnath, brother of Sheo Prasad, Plaintiff appellant 2, and father of plaintiff appellant 1 and one Janki Prasad, husband of Smt. Ram Dulari defendant respondent 3, were close relations. Baijnath, according to the plaintiffs appellants, was a member of a joint Hindu family along with the other plaintiffs and used to 'deposit' at different times, various sums of money with Janki Prasad. Janki Prasad used to carry on money-lending business on an extensive scale.He used to advance money to various debtors and on one occasion on 30-7-1920 he obtained a mortgage deed from two persons, Mohammad Askari and Agha Ali for a sum of Rs. 9000/-. The amount was not paid by the mortgagors and both Janki Prasad and Baijnath filed a suit on the basis of the mortgage and obtained a decree and the mortgaged property ...
Mt. Mithan and anr. Vs. the Municipal Board of Orai and anr.
Court: Allahabad
Decided on: Aug-17-1955
Reported in: AIR1956All719; 1956CriLJ671
ORDERJames, J.1. This Revision touches a fundamental question, namely, the foundation of the revisional powers of the High Court under the Code of Criminal Procedure.The facts of the case are simple. The two applicants are alleged to be prostitutes or dancing girls of the town of Oral. The Municipal Board of Orai made a complaint to a first class Magistrate alleging that their house was being used for the purpose of habitual prostitution to the annoyance of respectable inhabitants of the locality, and requesting for action against them under Section 247 (1), U. P. Municipal Act (Act 2 of 1916).The learned Magistrate summoned the applicants, took the evidence of the witnesses for the parties on oath, found the Board's complaint justi-fied and passed an order under Section 247 (1) forbidding the applicants from using their house for habitual prostitution. They went up in revision to the Sessions Judge, but having failed there have now come up to this Court seeking a reversal of the Magis...
Hira Lal Vs. the State Through the Sales Tax Officer, Hathras
Court: Allahabad
Decided on: Aug-16-1955
Reported in: AIR1956All142
ORDERJames, J. 1. This Revision raises important questions regarding the criminal liability of persons who failto pay sales tax due from them within the time allowed.2. The facts are briefly these. There is a firm at Hathras entitled Ram Chand Cotton Spinning and Weaving Mills which is owned by several persons. It was assessed to a large amount as sales tax. It failed to pay the amount within the time allowed for doing so and even extensions of time yielded no result. Thereupon one of the partners of the firm, Hira Lal Burman by name, was prosecuted for an offence under Section 14 (b), U. P. Sales Tax Act (Act 15 of 1948).He was convicted and sentenced by the trial Magistrate to a fine of Rs. 500/- and to a further fine of Rs. 10/- per day for the period the breach continued. His appeal before the Sessions Judge failed, whereupon he has come up in Revision to this Court.3. In challenging the correctness of his conviction his learned counsel has urged a number of points. He contends fir...
State of Uttar Pradesh Vs. Ratan Shukla
Court: Allahabad
Decided on: Aug-16-1955
Reported in: AIR1956All258; 1956CriLJ579; MANU/UP/0103/1956
Desai, J.1. These proceedings have been instituted against Sri Ratan Shukla, a Vakil practising in the District Judgeship of Kanpur, on a report made by the District Judge of Kanpur. The District Judge made the report on being moved by Sri S. M. Ifrahim, Additional District Magistrate of Kanpur, in whose court the alleged contempt was committed by the opposite party.2. Certain appeals were instituted against the assessment of tax by the Municipal Board of Kanpur in the Court of the District Magistrate. Under Section 160, Municipalities Act the appeals could be filed in the court of the District Magistrate or of any other officer as may be empowered by the State Government. An Additional District Magistrate has the power to perform all the functions of a District Magistrate, so the Additional District Magistrate could entertain the appeals and dispose of them if they were filed in his court.The District Magistrate transferred the appeals to his court. The Additional District Magistrate ...
Debi Dayal Vs. S.C. Roy
Court: Allahabad
Decided on: Aug-16-1955
Reported in: AIR1955All670
V.D. Bhargava, J. 1. This is an application by one Debi Dayal who was being prosecuted under Section 4(1) read with Section 42, U. P. Pure Food Act for selling adulterated ghee in mohalla Katra Abdul Ghani in the city of Fatehpur on 2-8-1954, for taking proceedings under Contempt of Courts Act. 2. The application has been filed against Sri S.C. Roy, Public Analyst to the Government of the Uttar Pradesh, Lucknow. 3. The facts of the case are that the Food Inspector took samples of ghee and kept them in three phials one of which was given to the petitioner and the other two were taken by him. One of these two phials was sent to opposite party Sri S, C. Roy for analysis. A report was submitted by the opposite party that the sample of ghee sent to him was adulterated. Thereafter the petitioner applied for the analysis of the sample that had been left with him. The remaining two bottles, i.e., one which was with the petitioner and the other which was with the Food Inspector, were sent to th...
Shyam Lal Vs. Municipal Board, Ferozabad
Court: Allahabad
Decided on: Aug-12-1955
Reported in: AIR1956All185
ORDERV.D. Bhargava, J.1. These two petitions are on behalf of two applicants who are owners and proprietors of brick-kilns situate within the municipal limits of Ferozabad, district Agra.2. A bye-law was framed by the Municipality of Ferozabad levying a licence fee of Rs. 500/-per year on every brick kiln. The case of the-petitioners is that the Municipality does not incur any expenditure and there are many brick kilns and the licence fee that has been realised is out of all proportion to the expenditure incurred in this connection and is exorbitant; and on that ground they challenge the validity of the bye-law enforcing this licence fee.Learned counsel for the Municipal Board has. tried to support the fee imposed as being reasonable and has urged that the Municipal Board has to spend a large amount of money on account of these brick kilns and further that this. fee is not only charged for the purpose of immediate expenses which the Municipal Board has to meet but it is also for the pu...
Dalel Singh Vs. Honorary Secretary, Co-operative Union Ltd., U.P., Luc ...
Court: Allahabad
Decided on: Aug-09-1955
Reported in: AIR1956All43; (1956)ILLJ242All
ORDERV.D. Bhargava, J.1. This is a petition under Article 226 of the Constitution. According to the petitioner he was a Supervisor appointed on 17-8-1947 in the Co-operative Union Limited, Lucknow, which is a Co-operative Society registered under the Co-operative Societies Act. He alleges that his services were under the Registrar Co-operative Societies, Lucknow. While he was holding this post he was in charge of the Branch Union at Chandausi. On 8-3-1950 the application went on leave and he entrusted the store in his absence to one Chandrapal.Kamdar who also after a week, on 16-3-1950, went away without the permission of his superior officer and entrusted the work to one Ganeshi Lal, Salesman of the Union.In the meantime owing to some ill will his name was mentioned in connection with a case under Section 363, I. P. C. On account of this the Registrar ordered his suspension till the case under Section 363, I. P. C., was decided. Later on the case under Section 363 was not proceeded wi...
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