Allahabad Court February 1956 Judgments
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Shafiq Ahmad Vs. Senior Supdt., Post Offices and anr.
Court: Allahabad
Decided on: Feb-07-1956
Reported in: AIR1956All476
Agarwala, J.1. This is a special appeal against a judgment of a learned single Judge of this Court on a petition under Article 226 of the Constitution.2. The appellant was employed by the Posts and Telegraphs Department as a telegraph messenger, Bamrauli, in the year 1945. He was declared a quasi-permanent servant with effect from 1-7-1948. Soon after this the District Telegraph,. Office at Bamrauli was abolished and the appellant's services were transferred to the combined Post and Telegraph Office, Bamrauli, under orders of the Post Master General dated 15-5-1951.On 4-11-1952 the appellant received a noticedated 31-10-1952 from the Inspector of Post Offices,Allahabad, informing him that his services wouldbe terminated under Rule 5, Central Civil Services(Temporary Service) Rules, 1949, after a month ofthe receipt of the notice by him. The appellant preferred an appeal to the Senior Superintendent of Post Offices, Allahabad, taut before it was disposed of he came to this Court with an...
Dulan Dayal Singh Vs. Prasadi and ors.
Court: Allahabad
Decided on: Feb-07-1956
Reported in: AIR1956All478; 1956CriLJ968
Raghubar Dayal, J.1. This is an application under Section 417, Sub-section (3) Criminal P. C., as in force from 1-1-1956, in view of the Central Government Notification No. 1/11/ 55- Judl (R), dated 1-12-1955, published in India Gazette, dated 10-12-1955.2. Dulan Dayal Singh's complaint was dismissed and the accused were acquitted of the various offences by a Magistrate I Class Faizabad, on 31-10-1955. He filed this application for leave to appeal on 25-1-1956. The application would be in time in case the applicant was given the benefit of Section 12, Limitation Act.3. The learned single Judge referred a point for decision to this Bench, and the point formulated by him is:'Whether the right given by Section 417(3), Cr. P. C., would apply to cases filed in which the proceedings in the Magistrate's Court are started before the Act came into force or would apply only to those cases which are initiated after the coming in of this Act.'Another application under Section 417(3), CriminalP. C....
Brigade Commander, Meerut Sub-area and anr. Vs. Ganga Prasad and anr.
Court: Allahabad
Decided on: Feb-07-1956
Reported in: AIR1956All507
Agarwala, J. 1. This is a special appeal against an order of Mehrotra J., allowing a writ petition and quashing a notice issued by the Brigade Commander, Meerut Sub Area, dated 29-9-1952, requiring the respondent Ganga Prasad Dubey to vacate a certain piece of land after demolition of the construction thereon, under Section 3 of the Government Premises (Eviction) Act, 1950.2. The facts, briefly stated, are as follows. In the year 1923 one Kesho Prasad who was in authorised possession of 798 Sq. feet of land within the limits of the Cantonment Board, Meerut sold the land with the constructions thereon to one Babu Lal. In 1929 Babu Lal applied to the Cantonment Board for being permitted to make constructions over a portion of the land.The Cantonment Board sanctioned the constructions. In making the constructions Babu Lal is alleged to have encroached upon certain land belonging to the Government. Thereupon on 28-4-1936 a suit was filed on behalf of the Secretary of State by the Military ...
Lord Krishna Sugar Mills Workers' Union Vs. State Industrial Tribunal ...
Court: Allahabad
Decided on: Feb-06-1956
Reported in: (1957)ILLJ618All
ORDERM.L. Chaturvedi, J.1. This is a petition under Article 226 of the Constitution.2. The petitioner is a union of the workmen employed in the Lord Krishna Sugar MillK, Ltd., Saharanpur. There was a strike in the sugar mills on the night of 28 March 1955 and this strike appears to have come to an end on 7 or 8 April 1955. The management of the mills deducted wages of the workmen for these eight days and also referred to the Government the question that the mills had suffered a great deal because of this strike and it claimed damages from the workmen for this illegal strike. On 2 September 1955 the Government referred the following dispute for adjudication to the State industrial tribunal:Whether the employers have been wrongfully and/or unjustifiably put to any loss due to the sudden strike staged by their workmen from 29 March 1955? If so, to what extent are their workmen responsible for it and in what manner they should compensate the employersOn receipt of the reference, the indust...
Asa Ram Vs. Babu Ram and anr.
Court: Allahabad
Decided on: Feb-03-1956
Reported in: AIR1956All494
Agarwala, J.1. This is a decree-holder's second appeal arisingout of an execution proceeding. The appellant(sic)tained a decree against one Dharam Das deceaed on 4-1-1944. Dharam Das died on 29-11-1946.On 3-1-1947, the decree-holder, in ignorance of the death of Dharam Das, filed an application for execution of the decree, and in the column in which the name of the person against whom execution was sought has to be given he mentioned the name of Dharam Das deceased. When he discovered the mistake he made an application that the two sons of Dharam Das be brought on the record and the execution application be amended accordingly. This application was presumably under Order 21 Rule 17, Civil P. C., but was made on 26-3-1947 after the expiry of three years from the date of the decree.The execution Court dismissed the execution application on the ground that the application for amendment having been made after the expiry of three years from the date of the decree the execution application w...
Seth Banarsi Dass Vs. Cane Commissioner, U.P. and anr.
Court: Allahabad
Decided on: Feb-02-1956
Reported in: AIR1956All725
Agarwala, J.1. The appellant Seth Banarsi Dass was the lessee of a sugar mill at Bijnor known as 'Shiva Prasad Banarsi Das Sugar Mills'. The Cane Marketing Society Limited, Bijnor, (hereinafter called the Society) supplied to the appellant sugar cane for the years 1949-50 and 1950-51. The price of the cane was duly paid but there was a dispute between the appellant and the Society with regard to the commission payable to the latter.2. The supply of sugarcane to the mills is controlled by the U.P. Sugar Factories Control Act (Act I of 1938) and the Rules made thereunder. Under Section 14 of the Act and the order of the State Government made thereunder an occupier of a sugarcane crushing factory is required to submit to the Cane Commissioner, on or before the prescribed date, an estimate, in the prescribed form and manner, of the quantity of 'cane which will be required in the factory during a particular crushing season.The Cane Commissioner thereupon examines the estimate and publishes ...
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