Allahabad Court January 1956 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Cotton Spinning and Weaving Mills Co. Ltd. Vs. Govt. of State of U.P. ...
Court: Allahabad
Decided on: Jan-05-1956
Reported in: AIR1957All252; (1957)ILLJ439All
Mootham, C.J.1. These are two appeals from a judgment of Mr. Justice Chaturvedi dated the 2nd November, 1954, dismissing two writ petitions filed by the appellant under Article 226 of the Constitution.2. The circumstances in which the petitions were filed can be stated, shortly. The petitioner is a limited Company and carries on the business of cotton spinning and weaving in Kanpur. In April and May 1930 large quantities of cloth were stolen from the petitioner's warehouse and on 13th June, 1950, the Employers' Association of Northern India, at the instance of the petitioner, moved the Regional Conciliation Board to enquire into an industrial dispute which it was contended had arisen between the petitioner and its workmen and to declare that the former would be justified in terminating the services of 27 members of its Watch and Ward personnel. The Regional Conciliation Board conducted an enquiry, and by an award dated the 2nd September, 1950, it held that the petitioner was entitled t...
Mohd. MohsIn and anr. Vs. Kausar Raza and ors.
Court: Allahabad
Decided on: Jan-05-1956
Reported in: AIR1956All422
Kidwai, J.1. The following pedigree will elucidate the facts of the case: KHAIRAT HUSAIN _______________________|_________________________ | | Tahir-un-nissa Tayyab-un-nissa | | _______|_____________________________ | | | | |Firasat Nifasat Mohd. Zair | Husain Hussain | | ___________________________________________________|_______________ | | | | Jawad Taeed Rashid Saeed Husain Husain Husain Husain2. Khairat Husain, a Shia Muslim, died leaving two daughters as his heirs. His immovable property consisted of 3 villages, Garhi Rakhmau, Murligang and Rasoolabad. After the death of Tayyab-un-nissa, her eldest son, Jawad Husain, laid claim to the whole property and got mutation effected in his favour alone. It is no longer in dispute that as a matter of fact Tahir-un-nissa, and after her, her sons, were entitled to and the latter got, an eight annas share and each of the four sons of Tayyab-un-nissa was entitled to and eventually got a two annas share.3. On 7-12-1883, Tahirunnissa executed ...
Sarju Pandey Vs. State
Court: Allahabad
Decided on: Jan-05-1956
Reported in: AIR1956All589; 1956CriLJ1152
Chowdhry, J.1. This is a petition for a writ of habeas corpus by one Sarju Pandey, a detenu in the District Jail at Lucknow, against the order of the District Magistrate of Ghazipur, dated 14-5-1955, passed under Section 3(1)(a)(ii), Preventive Detention Act, 1950 (hereinafter referred to as the Act). The order purported to have been passed with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of public order.2. The petitioner is a member of the Provincial Committee of the U. P. Communist Party and Vice-President of the U. P. Kishan Sabha. He was arrested on the same day on which the detention order was passed and on 16-5-1955 he was supplied with the grounds of detention. He was accused of having delivered a number of speeches between 29-12-1954 and 13-5-1955 inciting people to violence, and the District Magistrate therefore felt satisfied that it was necessary to make the detention order with a view to 'preventing the petition from acting i...
Mohd. Jalil and anr. Vs. the State
Court: Allahabad
Decided on: Jan-04-1956
Reported in: AIR1956All400
ORDERAsthana, J.1. Mohammad Jalil was the driver and Ram Lakhan was the conductor of motor vehicle No. UPL 1442 S. O. on 29-8-1953. This motor vehicle was being driven from Banaras to Moghal Sarai. On the way it was checked by Sri. M. Chaturvedi, Enforcement Officer. Allahabad. It was found to contain 381/2 passengers Instead of 32 passengers, the maximum seating capacity of the vehicle.Both the driver and the conductor were prosecuted under Section 123, Motor Vehicles Act for carrying passengers in excess of the prescribed limit. They were both convicted and Mohammad Jalil was sentenced to a fine of Rs. 25/- and Ram Lakhan to a fine of Rs. 10/-. They filed a revision against their conviction.The learned Sessions Judge agreed with the trial Magistrate that the motor vehicle in question was carrying more passengers than the prescribed limit. He was, however, of the opinion that the conviction of the applicants under Section 123 was not correct and in support of this view he relied on a ...
Kimat Mal and ors. Vs. the State
Court: Allahabad
Decided on: Jan-04-1956
Reported in: AIR1956All449; 1956CriLJ952
Mehrotra, J. 1. This is a revision which has been referred to a Bench by a Single Judge of this Court. 2. The applicants were tried under Sections 3/4, Public Gambling Act, for being found gambling at stakes with cards while Pamandas applicant was taking out nal from the money staked on the phar on 23-9-1952, at about 5-30 p.m. at shop No. 8/90, Arya Nagar Market, by the Nawabganj police. All the applicants denied the allegations of the prosecution. The Magistrate, after considering the evidence, accepted the prosecution story and convicted them under Section 4, Public Gambling Act, and sentenced them to pay a fine of Rs. 200/- each and in default to undergo rigorous imprisonment of three months. Pamandas was further sentenced to a fine of Rs. 300/- under Section 3 of the Act and in default to undergo further rigorous imprisonment of three months. 3. The applicants went up in appeal to the Sessions Judge of Kanpur against their convictions taut their appeal was rejected and the convict...
K.C. Sharma and anr. Vs. the Controller of Defence Accounts (Pensions) ...
Court: Allahabad
Decided on: Jan-04-1956
Reported in: AIR1956All480
Agarwala, J. 1. The appellants were recruited in the Military Accounts Department (now known as the Defence Accounts Department) on 13-1-1943 and 3-5-1943, respectively as temporary routine grade clerks. At that time there were two grades of clerks namely (1) temporary routine grade clerks and (2) clerks. There was a rule that only those who were graduates could be appointed clerks. There were certain exceptions in the case of Muslims with which we are not concerned.2. In 1944 there was a reconstitution of the grades. Instead of two grades three grades were made and were called grades A. B. and C. The former routine grade clerks were put down in grade C and the former 'clerks' were put down in grades A and B according to their qualifications. The appellants were put down in grade C on this reconstitution.3. In the same year the appellants passed a departmental examination and were promoted to grade B as temporary clerks. On 14-7-1945, the first appellant and on 6-12-1951, the second ap...
Chini Mill Mazdoor Union, Ghughli District, Gorakhpur Vs. J.N. Khanna, ...
Court: Allahabad
Decided on: Jan-03-1956
Reported in: AIR1956All367
Agarwala, J. 1. This is a special appeal against th judgment of a learned single Judge of this Court arising out of a writ petition in an industrial dispute matter. The appellant is the union of workmen employed by the Punjab Sugar Mills Ltd,, Ghughli, in the district of Gorakhpur. Certain workers which were in the employ of the Mills were dismissed by it whereupon they raised a dispute. There was a settlement according to which the retrenched employees were to be re-employed either by the Mills or by a co-operative society of cane growers called the Cane Development Union. In spite of this agreement the dispute did not come to an end as about 130 employees still remained unemployed. The President of the appellant Union, therefore, filed an application before the Regional Conciliation Board on 20-4-1953. for settling the industrial dispute about the rein-statement of 130 discharged workers. In thisapplication the request was that the Board mightdecide the question of the reinstatement ...
Kalka Prasad Ram Charan Vs. Harish Chandra
Court: Allahabad
Decided on: Jan-02-1956
Reported in: AIR1957All25
Brij Mohan Lall, J. 1. The suit which has given rise to this first appeal was instituted by the respondent, a cloth merchant at Farrukhabad, to recover a sum of Rs. 6,108/1/3 from the appellant, which is a firm of cloth merchants at Kanpur. The respondent's case was that a partner of the appellant firm purchased for the firm 67 thans of Anda Boski silk from him on 20-4-1945 at the rate of Rs. 5/5/9 per yard, took immediate delivery of 10 thans and left the remaining 57 thans with the respondent saying that Messrs. Raghubar Dayal Ram Charan of Farrukhabad would take delivery of those thans on the appellant's behalf and would pay the price thereof at the time of delivery.It was, further, alleged that interest was agreed to be paid at ten annas per cent, per mensem. The respondent went on to allege that Messrs. Raghubar Dayal Ram Charan did not take delivery of the remaining 57 thans and made no payment. According to him, the appellant firm was given notice but it still refused to take de...
- ‹ Prev
- 1
- 2
- Next ›