Allahabad Court August 1955 Judgments
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Bhagwat Prakash Vs. the State
Court: Allahabad
Decided on: Aug-05-1955
Reported in: AIR1956All22; 1956CriLJ4
V.D. Bhargava, J.1. The appellant and three others were tried under Sections 366, 368 and 376, I. P. C. for having kidnapped a minor girl in order to compel her to marry and force her to commit illicit sexual intercourse; and for wrongfully concealing or keeping in confinement a kidnapped girl and for committing rape on her.The three other accused have been acquitted by the learned I Temporary Civil and Sessions Judge Allahabad, while the appellant has been convicted under Section 363, I. P. C. and sentenced to three years' rigorous imprisonment and a fine of Rs. 50/- or, in default of payment of fine, to three months further rigorous imprisonment. He has also been convicted under Section 376, I. P. C. and sentenced to two years' rigorous imprisonment; the sentences have been ordered to run concurrently.2. In brief the story of the prosecution is that one Miss Indo Bala Basu resided at 11 Bank Road, Allahabad with her brother A.G. White's children. They were three sons and three daught...
Udai Bhan Singh Vs. Lachhman Das and anr.
Court: Allahabad
Decided on: Aug-05-1955
Reported in: AIR1955All667
Randhir Singh, J. 1. This is a miscellaneous appeal under Section 6A(i), Court-fees Act arising out of a court-fee matter. 2. A suit was instituted by the appellant for a declaration that the plaintiff was the owner in possession of the entire village Bansi Rehayak and that the defendants had no right to put it to sale in execution of the decree dated 9/12th August, 1948. The grounds on which the declaration was claimed were that this village belonged to one Thakur Sheo Narain Singh who was succeeded by his widow Thakurain Sujan Kunwar and that on the death of Thakurain Sujan Kunwar, who was only a life estate holder, the plaintiff became owner of the village. A decree was passed against Thakurain Sujan Kunwar in her life time, and under the provisions of the Agriculturists' Relief Act a charge was, created on village Bansi Rehayak. The decree was put into execution and as Thakurain Sujan Kunwar had died the plaintiff, who was her legal representative, also, raised an objection to the ...
Sunder Lal and anr. Vs. Jai NaraIn and ors.
Court: Allahabad
Decided on: Aug-04-1955
Reported in: AIR1955All669
Randhir Singh, J. 1. This is an appeal from a judgment of theCivil Judge of Malihabad at Lucknow ordering the return of a plaint for presentation to the proper Court. 2. A suit was instituted by the plaintiffs-appellants against the respondents on the allegations that the defendants were asked by the plaintiffs to purchase some cloves for the plaintiffs and in this connection a sum of Rs. 3,000/- was sent to them from Lucknow but the cloves were not delivered to the plaintiffs. The plaintiffs, therefore, claimed Rs. 3,000/- which had been paid to the defendants as also a sum of Rs. 2675/- on account of damages. 3. The defendants contested the suit and the first contention raised by' them was that no part of the cause of the action arose within the limits of the jurisdiction of the lower Court and as such the suit was not within the cognizance of the Civil Judge at Lucknow. 4. A preliminary issue on the plea of jurisdiction was then framed by the learned Civil Judge 'and the parties wer...
Chiranji Lal Vs. the State Through ors.
Court: Allahabad
Decided on: Aug-04-1955
Reported in: AIR1955All701
ORDERJames, J.1. This transfer application raises an important question of principle should a senior advocate he debarred from appearing before a Court merely because he has under training a relative of the presiding officer of that Court?2. The facts are briefly these. One Chiranji Lal filed a complaint against four persons for an offence under Section 394 read with Section 397, I. P. C. an offence exclusively triable by the Court of Session before the Sub-Divisional Magistrate of Amroha, who transferred it for disposal to Sahu Hari Krishna, Special Magistrate first class of Moradabad. Chiranji Lal's counsel was Mr. R.B. Pandey, a leading criminal lawyer of Moradabad.During the relevant period he had under training Mr. Jagmohan Krishna, a law graduate, who happens to be the son of Sahu Hari Krishna. The Special Magistrate recorded all the evidence, took the statements of the accused persons, heard the arguments of the parties and fixed a date for pronouncing final orders. But before o...
Bithal Das Vs. State of U.P.
Court: Allahabad
Decided on: Aug-02-1955
Reported in: AIR1956All156; [1956]30ITR647(All)
Mootham, C.J.1. These are six applications under Section 24 (4), U. P. Agricultural Income-tax Act arising out of the refusal of the Revision Board to state a case for the opinion of this Court. These six applications are based on the same facts and purport to raise common questions of law.2. One Sri Mahadeo Prasad was in the year 1355 Fasli the manager of a joint Hindu family consisting of himself, his wife, his widowed mother and his three sons, and in that year he was assessed to Agricultural Income-tax as the head of the family. In the following year Sri Mahadeo Prasad filed an application before the Collector, Gorakhpur, who was the assessing authority, alleging that a separation had taken place in the family and that the shares of the members had been declared by a decree of the Civil Court dated 12-12-1948.The Collector Was satisfied that there had been a disruption of the joint family, and by an order dated 15-10-1949, he transferred the case to the Assistant Collector directin...
Gulab Chand Vs. Jaswant Singh and ors.
Court: Allahabad
Decided on: Aug-01-1955
Reported in: AIR1956All71
Agarwala, J. 1. This is an appeal by the plaintiff under Section 6-A, Court-fees Act against an order holding that the Court-fee paid on the plaint was insufficient on the ground that the relief claimed involves cancellation or adjudging void of a Will. The facts of the case are as follows: 2. The plaintiff claimed that his father carried on a certain business and owned certain property; that he held a decree for Rs. 22,800/-against Rani Jai Raj Kunwar; that on 17-3-1941, Chiranji Lal executed a Will in respect of his property bequeathing Rs. 7000/- out of the decretal amount to the plaintiff and half share of a certain house described in the plaint to the plaintiff and defendants 3 and 4; that Chiranji Lal wanted to give his business to the . plaintiff and defendant 4; that on account of the trickery of defendant 1 no mention was made of this intended gift in the Will; that thereafter, when Chiranji Lal came to know that the gift in respect of the business assets had been omitted in t...
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