Allahabad Court January 1957 Judgments
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The State Vs. Mool Chand
Court: Allahabad
Decided on: Jan-31-1957
Reported in: AIR1957All343; 1957CriLJ615
Raghubar Dayal, J.1. This is a State Appeal against the acquittal of Mool Chand of an offence under Section 16 read with Section 7 of the Prevention of Food Adulteration Act (XXXVII of 1954) by the Sessions Judge of Tehri-Garwal who allowed his appeal against his conviction by a Magistrate.2. The alleged offence was committed on the 21st of July, 1955. The prosecution was launched by the Assistant Medical Officer of Health prior to the enforcement of the rules made by the State Government under this Act. The Assistant Medical Officer of Health could not institute a complaint against anyone in view of Section 20 of the Act. The State Government had not authorised him by that date to prosecute any person for an offence under this Act. It is clear, therefore, that the court could not have taken cognizance of this offence and that, therefore, the acquittal of the respondent is correct.3. It is contended for the State that Food Inspector could launch a prosecution under the repealed U. P. P...
Phul Kumari Vs. State and anr.
Court: Allahabad
Decided on: Jan-31-1957
Reported in: AIR1957All495
ORDERDesai, J.1. This is an application under Section 115, C. P. C., for revision of an order passed by a compensation officer under the Zamindari Abolition and Land Reforms Act (No. I of 1951). The applicant is the intermediary, who is entitled to compensation for the loss of her proprietary rights. The compensation payable to her is being assessed by the compensation officer, who prepared a draft compensation assessment roll. The applicant filed an objection against it on two grounds one of which was that the rental value had been under-estimated. One of her tenants is the opposite-party No. 2, the Upper Ganges Sugar Mills Limited. The dispute before the compensation officer was at what rent the land let out to the opposite-party should be assessed. It has obtained a Sanad for bhumidhari rights.The applicant informed the compensation officer that she had applied to Government for cancellation of its Sanad and her application was pending. Thereupon the compensation officer suo motu im...
Union of India (Uoi) Through Central Railway Vs. Kundan Lal and anr.
Court: Allahabad
Decided on: Jan-29-1957
Reported in: AIR1957All363
ORDERM.L. Chaturvedi, J.1. This is a petition under Articles 226 and 227 of the Constitution and arises under the following circumstances.2. The first respondent Sri Kundan Lal was an employee of the petitioner in the Central Railway. In 1953 he was working as the goods clerk in ward at Belanganj, Agra. On the 2nd June 1953 the 1st respondent received two bags of money containing a total sum of Rs. 4098/12/- and this amount was to be put in the iron safe.According to the 1st respondent, he put the money in the safe at about 7-30 p. m. and he locked the safe after putting the money in it. The next morning, however, at 8-30 he found that the lock of the iron safe was already open and the cash was missing. Enquiries immediately started and on the 11th June 1953 the 1st respondent was put under suspension pending an officers' enquiry.The enquiry was held and it appears that the report of the enquiry committee was that the 1st respondent was negligent in the discharge of his duties. On the ...
Union of India (Uoi) Vs. Bhagwan Industries Ltd.
Court: Allahabad
Decided on: Jan-29-1957
Reported in: AIR1957All799
Randhir Singh, J.1. This is a first appeal arising out of a suit brought by the plaintiff-respondent for the recovery of Rs. 8,182/12/- due by the appellant on account of customs duties paid in advance for the export of goods out of India. It appears that the plaintiff dealt in mustard oil and wanted to export 1870 maunds of mustard oil to East Pakistan via 'Katihar. Under the rules a permit for export is issued only after a person desirous of exporting goods deposits the export duty payable on the commodity sought to be exported in advance. The plaintiff deposited Rs. 10,990/14/- at Purnea in advance, as this was the amount of duty which would have been payable on 1870 maunds of mustard oil sought to be transported.The plaintiff then tried to get wagons for transport of oil but only two wagons could with difficulty be had and he was able to export only 513 maunds and 6 seers of mustard oil and after deducting the export duty on this amount of oil a sum of Rs. 8,182/12/- remained in de...
Bindeshari Prasad Vs. State
Court: Allahabad
Decided on: Jan-29-1957
Reported in: 1958CriLJ119
ORDERRaghubar Dayal, J.1. This is a revision by Bindeshwari Prasad against the order of the Assistant Sessions Judge of Etawah confirming his conviction for offences under S 3 (i) (c) and under Section 3 (ii) of the U. P. Removal of Social Disabilities Act (XIV of 1947).2. The applicant was the proprietor of Rashtriya Swatantra Bhojnalaya, Etawah on the 16th of ~June, 1952 and was its proprietor in December, 1952 as' well. Several persons including Swami Chhamanand, Chamar by caste, went to this hotel for a meal on the night of the 16th of June, 1952. Three of them happening to arrive earlier and belonging to other castes went inside the chowka portion and took their meal there in brass utensils. Swami Chhamanand and two others belonging to Kumhar and Nai castes reached a little later. The applicant prevented Swami Chhamanand. from going inside the chowka and told him. that he would be served his meal on the Takhat in the compound and on pattals. He and his companions came away from th...
Sita Ram Vs. Tejram and ors.
Court: Allahabad
Decided on: Jan-28-1957
Reported in: 1957CriLJ667
ORDERMehrotra, J.1. This is an application under Article 226 of the Constitution praying that an order passed by the Sub-divisional Magistrate, Sardhana,' dated the 21st of October, 1955, under the Panchayat Raj Act be quashed.2. The petitioner filed a complaint against the opposite parties under Sections 352 and 427, I. P. C., on the allegation that he had a grove in village, Daulri, which had Kalmi mango and guava plants some six or seven years old and the accused trespassed into the said grove and cut three plants and broke branches of four other trees. The case was transferred to the Nayaya Panchayat and on the 11th July, 1955, both the parties appeared before the Nayaya Panchayat and en that date the complainant and his witness were examined. Thereafter 14th of July, 1955, was fixed for local inspection and 18th of July, 1955 was fixed for the next hearing of the case. On 18th July, 1955 some more prosecution Witnesses were examined and on 25th July, 1955 the accused and the witne...
District Board Vs. the Upper India Sugar Mills Ltd.
Court: Allahabad
Decided on: Jan-25-1957
Reported in: AIR1957All527
Beg, J.1. This is a defendant's first appeal arising out of a suit for declaration and injunction. The appellant in this appeal is the District Board of Muzaffarnagar, The suit out of which the present appeal arises was filed on behalf of the Upper India Sugar Mills Limited Khatauli, district Muzaffarnagar, as plaintiff. The plaintiff is limited concern carrying on the business of manufacturing sugar at Khatauli within the rural area of the district of Muzaffarnagar.It appears that the District Board Muzaffarnagar levies a tax on circumstances and properly of all persons residing or carrying on business within its rural area under the provisions of Sections 114 and H08 of the District Boards Act. By Notification No. 1509/IX-242, dated September 25, 1930, the Government have framed a rule authorising the imposition of a tax on circumstances and property by a District Board, provided that the total amount of this tax does not exceed a sum of Rs. 2,000/-.Acting under the said rule, the Di...
W.M. Godse Vs. State and anr.
Court: Allahabad
Decided on: Jan-25-1957
Reported in: AIR1957All652; (1957)IILLJ229All
Mukerji, J.1. This is an application in revision against an order of the District Judge of Banaras, whereby he disposed of an appeal preferred to him under Section 17, Payment of Wages Act (Act IV of 1936).2. The facts giving rise to this application, shortly stated, were these. At Banaras there is a press called the Arya Bhushan Press, whose proprietor is one W. M. Godse. There was an industrial dispute in respect of this press, and that industrial dispute was the subject-matter of an adjudication under the Industrial Disputes Act. There was also a question about the payments of certain employees being in arrears: There were twentythree such workmen whose wages had not been paid and were as suck in arrears.The Chief Inspector of Factories came to know about it, and made a report about this matter to the Magistrate, appointed under the Payment of Wages Act for the area, to decide questions arising for decision under that Act. On the information received from the Chief Inspector of Fact...
Pt. Gopi Charan Bajpai and ors. Vs. Pt. Ram Prasad Awasthi and ors.
Court: Allahabad
Decided on: Jan-23-1957
Reported in: AIR1957All283
ORDERMukerji, J.1. This is an application in revision by a number of defendants to a suit that had been filed under Section 92 of the Code of Civil Procedure. 2. On the 4th of October, 1952, the court madean order directing proceedings against defendant No. 6 to proceed ex parte. On the 15th of November, 1952 proceedings against defendant No. 7 were directed to proceed ex parte. By an order dated 17th February 1953, the Court decided to proceed ex parte against all the defendants because, in spite of several opportunities being given, no written statement had been filed by any of the defendants. The 21st of March, 1953, was fixed for final hearing of the suit. On the 18th of March, 1953, the defendants made an application praying that they be permitted to file written statements and proceedings be no more taken ex parte against them. This application of theirs was disposed of by the court below by its order dated 20th March, 1953, in the following terms:-- 'Application No. 37/C by defe...
Abdul Ghafoor and anr. Vs. Lala Kunj Behari Lal and anr.
Court: Allahabad
Decided on: Jan-23-1957
Reported in: AIR1957All346
Agarwala, J. 1. This is defendant's appeal arising out of a suit for partition which was instituted as along ago as the 1st of April, 1940. The plaintiff in the action was one Kundan Lal. He died during the pendency or the suit and is represented by his son Kunj Behari Lal and widow Srimati Dallo. The defendants to the action were four in number. Haji Faqir Bux, son of Haji Khund Bux, two sons of Haji Faqir Bux, Abdui Ghafoor and Sheikh Abdulla were defendants 1 to 3. Haji Faqir Bux died during the pendency of the litigation and his two sons who are appellants in this appeal are his representatives. These three defendants constituted one set of defendants. The fourth defendant was Srimati Kallo who also died during the pendency of this litigation and is now represented by her grandson Hamidwllah, The property, of which partition was sought, consists of a big ahata situated in mohalla Rahimganj in the City of Lucknow. It consists of shops and residential houses.2. The property was origi...
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