Allahabad Court August 1956 Judgments
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Firm Kundan Lal Brindaban Vs. Firm Bani Prasad Baij Nath Prasad
Court: Allahabad
Decided on: Aug-20-1956
Reported in: AIR1957All76
Agarwala, J. 1. This is an appeal against an order refusing to set aside an ex parte decree. The suit was for damages for breach of contract valued at over Rs. 14,000. The date fixed for the filing of a written statement and for framing of issues was 28-5-1946. Summons was personally served on the defendant. The defendant was a resident of another district. He arrived at the Allahabad railway station on 28-5-1946, but there was a curfew order and so he could not attend the Court. He stayed on for another day and still there was a curfew order and he could not attend the Court on that date as well. In the morning of 30th he went back to his district. The plaintiff also did not appear on the 28th of May, but appeared on the 30th of May and the Court passed the following order on that date: 'The case put up for orders today. Defendant is absent. There is no curfew order today. It is therefore ordered that the case be put up for final disposal on the 31st of May 1946. If the defendant appe...
Peare and ors. Vs. the State
Court: Allahabad
Decided on: Aug-20-1956
Reported in: 1957CriLJ263
Chowdhry, J.1. This is an appeal by Pyarey (28), Sudama (25), Kandhai (26), Mindai Lal (21), Gendan Lal (35), Hori Lal (30) and Sibba (18), who have been convicted by the learned Additional Sessions Judge of Shahjahanpur under Section 307, I.P.C., and sentenced to 4 years' R.I. each. They have also been convicted of rioting, but as Sibba is said to have been armed with a lathi he has been sentenced to 1 year's R.I. under Section 147, I.P.C., while the others, who are alleged to have been armed with Kantas and Ballams, have been sentenced to 2 years' R.I. each under Section 148, I.P.C. The sentences have been directed to run concurrently.2. The first five appellants belong to the village of : occurrence, Saidpur, while Hori Lal belongs to Nagaria and Sibba to Bhauna, all within police station Katra. Five others, lour belonging to Nagaria and one to Bhauna, who were tried along with the appellants were acquitted.3. The learned Sessions Judge has made no mention of Section 149, I.P.C. in ...
Bhagwati Singh and ors. Vs. V.P. Trivedi and anr.
Court: Allahabad
Decided on: Aug-20-1956
Reported in: 1957CriLJ274
ORDERV.D. Bhargava, J.1. This is an application under Article 226 of the Constitution of India arising out of proceedings under Section 145, Cr. P. C. The petitioners were the tenants of a portion of a house having settlement No. 178 and Town Area No. 267 in village and Police Station Maurawan district Unnao. It was alleged by the petitioners that they had been in possession of this premises for over two years and had been paying rent to one Debi Dayal. On the 11th of June 1954, Gur Prasad Opposite Party No. 2 filed an application under Section 145, Cr. P. C. in the Court of S. D. M. Purwa against Debi Dayal and others in respect of this premises. On the 2nd of August 1954 an attachment was ordered of this house. It is said that the Station Officer made a report that this house was in possession of the petitioners. On the 28th of August 1954 the then S. D. M. ordered that the tenants paying rents residing therein shall continue and the rent shall be paid to the Supurdar. I think that w...
Sangam Lal Dube Vs. Director of Education and anr.
Court: Allahabad
Decided on: Aug-16-1956
Reported in: AIR1957All70; (1957)ILLJ44All
ORDERMehrotra, J. 1. This is a petition under Article 226 of the Constitution praying that a writ of certiorari be issued quashing the orders passed by the Director of Education transferring the petitioner from the post of a clerk in the office of the Board of High School Intermediate Education to the office of the Government Normal School, Aligarh, 2. The petitioner was appointed as a temporary clerk in the office of the Board of High School and Intermediate Education U. P., Allahabad by the order of the Secretary of the aforesaid Board dated 24-9-1942 and by another order of the Secretary dated 27-8-1945 he was appointed a clerk in the scale of Rs. 30--2 1/2--50. By an order of the Secretary of the Board dated 30-9-1948 the petitioner was confirmed in his permanent appointment as a Lower Division Assistant in the said office. His scale was subsequently increased to Rs. 60--4--100 on the recommendation of the U. P. Pay Committee's Report. On 21-4-1947 he was promoted to a temporary Te...
Badri Prasad Dubey Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Aug-16-1956
Reported in: AIR1957All124; (1957)ILLJ209All
ORDERMehrotra, J.1. The petitioner Badro Pd. Dubey joined service of the Kanpur Municipal Board as a Terminal Tax Inspector in the year 1926 on a year's probation. He was duly confirmed on the post on the expiry of the probationary period. The petitioner alleges that at the time of his appointment there was some discrepancy between the age given in his Matriculation certificate and his age according to the horoscope, and he brought out the discrepancy to the notice of the Municipal Board and adduced proof of his real age.Enquiries were made as provided for under Regulation No. 7 of Clause 5 of the Kanpur Municipal bye-laws and model regulation given in Municipal Manual. The age given in the horoscope was accepted as the correct age. This age was entered in his service book, The entry was attested every five years as required by Rule 4, Regulation 11 of the Kanpur Municipality bye-laws and continued throughout.In spite of the continued entry of his correct age in accordance with his hor...
Smt. Bhagwanti Vs. Tara Chand
Court: Allahabad
Decided on: Aug-16-1956
Reported in: AIR1957All126
Roy, J.1. This is an appeal against the order of the First Civil Judge of Meerut appointing Tara Chand the guardian of his minor daughter Lachmi Devi, who on the date of the application was about 10 years of age. The mother, Sm. Bhagwanti, turned unchaste and she eloped with one Lajpat Rai, a tenant of Tara Chand, and she took. away the girl as well. The father made an application under Section 19, Guardians and Wards Act for his being appointed as the guardian of the minor. Sm. Bhagwauti contested the application on the ground that Lachmi Devi was not the daughter of. Tara Chand and consequently Tara Chand was not the proper person to be appointed as guardian. The learned Civil Judge held that it was successfully proved that Tara Chand is the father of Lachmi Devi. He further held that Tara Chand was entitled to the custody of the minor as the mother had become unchaste and had gone astray. Upon these findings he directed that Tara Chand be appointed as the guardian of the person of L...
Chunni Lal and ors. Vs. L. Gurdial Prasad and ors.
Court: Allahabad
Decided on: Aug-14-1956
Reported in: AIR1957All63
Agarwala, J. 1. This matter arises out of the report of the Chief Inspector of Stamps about the deficiency of court-fee paid on their written statements by defendants--respondents 5 and 6 and by defendant 7 in the Court below.2. The facts briefly stated are as follows : The plaintiff-respondents filed a suit for partition of certain properties. There were seven defendants to the suit. Defendants 1 to 3 are the present appellants. Defendants 5 and 6 filed one written statement and defendant 7 filed another written statement. Defendants 5 and 6 and defendant 7 claimed that their shares in the property may be partitioned and given to them. They did not pay any court-fee on this relief. These defendants supported the plaintiffs' claim otherwise.Defendants 1 to 3 opposed the plaintiffs' claim. The Court ultimately decreed the suit for partition and passed a preliminary decree declaring the shares of the parties. Against this decree the present appeal has been filed by defendants 1 to 3. To ...
Goswami Ladli Kishore Vs. State
Court: Allahabad
Decided on: Aug-13-1956
Reported in: 1957CriLJ261
ORDERV.D. Bhargava, J.1. This is an application by one Goswami Ladli Kishore who has been ordered to be retried. He, along with one Matre Lal. was tried under Sections 467, 468, 471 and 120A, I.P.C. Goswami Ladli Kishore had further been tried for an offence under Section 420. I.P.C.2. At first the case had started on the complaint of one Kalka Prasad (P.W. 4), on the 25th July, 1949. But that complaint was dismissed in default on the 17th September, 1950. Thereafter a second complaint was filed on the 12th September 1950. This complaint was filed against the aforesaid two accused along with two others, Ram Bharosey and Bhajan Lal. The story of the prosecution, in brief, was that there was a temple of Thakur Khillao Behari at Brindabaii and Diwan Saheb Kharag Singh of Manpura was the owner of the said temple.Goswami Ladli Kishore, accused No. 1, used to manage this temple on behalf of the aforesaid Diwan Saheb. Matre Lal, accused No. 2 was the pujari of the temple. There was a kunj bel...
Raja Harishchandra Raj Singh Vs. Deputy Land Acquisition Officer and a ...
Court: Allahabad
Decided on: Aug-07-1956
Reported in: AIR1957All112
Mootham, C.J. 1. This is an appeal from an order of a learned single Judge of this Court dated 22-2-1955, granting certain reliefs on a petition under Article 226 of the Constitution. The relevant facts are not in dispute and can be stated shortly. 2. Certain property belonging to the petitioner was acquired under the provisions of the Land Acquisition Act, 1894; and on the 25th March, 1951, the Collector made an award in accordance with the provisions of Section 11 of the Act. No notice of his award was given by the Collector to the petitioner under Sub-section (2) of Section 12, and the petitioner's case is that he did not come to know that the award had been made and filed until 13-1-1953. The petitioner was not prepared to accept the award and on 24-2-1953, he filed an application under Section 18 of the Act before the Collector that the matter be referred to the Court. This application was rejected by the Collector ,on the same day as being beyond time. It is not clear whether, as...
Smt. Sona Bai and ors. Vs. Municipality of Agra
Court: Allahabad
Decided on: Aug-07-1956
Reported in: AIR1956All736
Agarwala, J.1. This is a special appeal by four women whose application under Article 226 of the Constitution was dismissed by a learned single Judge of this Court.2. The appellants complained that the Municipal Board, Agra was enforcing a byelaw which it had made in 1948 and under which the Municipal Board could direct that a public prostitute may not reside within a specified area of the city of Agra. Under that byelaw the mohallas where the public prostitutes were not to reside were specified and then it was provided that no person shall let or otherwise dispose of any house or building to public prostitutes or for a brothel within the area or in the streets so specified.The byelaw further provided for a penalty of Rs. 50/- for breach of the provisions of the aforesaid byelaw and when the breach was continuing breach, for a further fine of Rs. 5/- for every day after the date of first conviction during which the offender was proved to have persisted in the offence.3. The Executive O...
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