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Allahabad Court December 1956 Judgments

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Dec 05 1956

Mst. Sudehaiya Kumar and anr. Vs. Ram Dass Pandey and ors.

Court: Allahabad

Decided on: Dec-05-1956

Reported in: AIR1957All270

Desai, J.1. This is an appeal by the defendants from a judgment of a Civil Judge allowing an appeal and decreeing the suit of Ram Dass plaintiff.2. The property in dispute admittedly belonged to the last male owner Jangi who died on 10-6-1901, leaving his widow Mst. Deobarta, his sister Mst. Sudami and his mother Mst. Bageshra. On his death, Mst. Deotoarta and Mst. Bageshra obtained mutation in their favour in respect of the property left by Jangi. Mst. Bageshra died in 1911, and on her death, the name of Mst. Sudami was added. In 1912 a suit-was brought by the sons of Matadin for possession and, in the alternative, for a declaration that they were entitled to the property after the deaths of Mst. Deobarta and Mst. Sudami. Matadin was Jangi's grand-father's brother. His sons, who filed the suit, were Dudh Nath proforma defendant respondent, Sripat and Banwari.It was decreed only for the alternative relief. Subsequently Mst. Sudami died and on 6-5-1932 Mst. Deobarta made a gift of a sub...


Dec 04 1956

Mohd. Ibrahim Vs. Election Tribunal and ors.

Court: Allahabad

Decided on: Dec-04-1956

Reported in: AIR1957All292

Mootham, C.J.1. This is a petition under Article 226 of the Constitution which raises two questions of election law of some importance.2. The facts are these: Five persons, who are respondents Nos. 5 to 9, were candidates for election to the House of the People from the Luck-now District (Central) Constituency at a bye-election held on the 27th February, 1955. At this election Srimati Sheoraiwati Nehru was declared elected and thereupon Sri Triloki Singh, respondent No. 5, filed an election petition challenging the election of the successful candidate on a number of grounds, it being alleged that corrupt practices had been committed at the election.3. On the 14th June. 1958, the Election Tribunal constituted to hear the petition served upon the petitioner who is a Minister in the Government of the Uttar Pradesh. a notice under the proviso to Section 99(1) of the Representation of the People Act. 1951. calling upon him to appear before the Tribunal and to show cause why he should not be...


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