Allahabad Court January 1957 Judgments
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Dr. J.R. Bhatia Vs. Smt. Victoria Rani Sahiba and ors.
Court: Allahabad
Decided on: Jan-23-1957
Reported in: AIR1957All359
ORDERMehrotra, J. 1. The petitioner was allotted half portion of house No. 11, Thornhill Road, Allahabad, by the Rent Control and Eviction Officer by his order dated the 27th of May 1952. This bungalow for the purposes of allotment was divided into two portions. The western portion was in occupation of one Sri S. D. Khanna and the other portion was in the occupation of Sri B. K. Nayar.The petitioner who has a large family occupied under the allotment order referred to above the eastern portion of the house. In January 1954 Sri S. D. Khanna vacated the premises and Rani Saheba opposite party No. 1 occupied his portion. She is the owner of the house. Some dispute arose between the landlady and the petitioner which is not the subject-matter however of the present petition.On or about the 11th of November 1954 the opposite party No. 1 filed an application before the Town Rationing Officer, Allahabad, for permission to file a suit for the ejectment of the petitioner from the half portion in...
Om Prakash Vs. State
Court: Allahabad
Decided on: Jan-22-1957
Reported in: AIR1957All388; 1957CriLJ695
Chowdhry, J. 1. This is an appeal by one Om Prakash who has been convicted by a learned Special Judge, acting under Section 6 of the Prevention of Corruption Act, 1947, for an offence punishable under Section 165A, I. P. C., arid sentenced to rigorous imprisonment for one year. The appellant had also been charged under Section 468, read with Section 109, I. P. C., but of that offence he has been acquitted. 2. Permits for supply of bricks and certain other things used to be issued from the office of the Mechanical Inspector of the Agricultural Engineering Department in Bulandshahr to agriculturists. It is said that there was a lot of corruption prevailing in that office in that connection. One such form of corruption was that officials employed in that office used to prepare permits in the names of fictitious persons and then issued them to persons not entitled to the same. The prosecution case is that five such permits in favour of fictitious persons were prepared on 11-11-1948 by one ...
Union of India (Uoi) Through General Manager, E.i. Rly. Vs. Municipal ...
Court: Allahabad
Decided on: Jan-22-1957
Reported in: AIR1957All452
Randhir Singh, J.1. This is a reference made by the Additional District Magistrate (Judicial) of Lucknow under Section 162, U. P. Municipalities Act.2. The Union Government has quite a number of buildings which are in the use of the Northern Railway in the City of Lucknow and the Municipal Board of Lucknow used to levy house and water taxes on these buildings. The last revision of assessment was made in the year 1948 and it appears that taxes were paid in respect of these buildings till 31-3-1953. A fresh assessment became due in 1953, and it is in connection with this assessment that a dispute arose between the Municipal Board and the Railway Authorities managing the property sought to be assessed, about the liability for payment of tax.3. A brief history of the previous revision of assessment made in 1948 may be useful in appreciating the points in dispute. On 1-10-1947, the Municipal Board revised the basis of the assessment of taxes and adopted a system popularly known as slab syst...
Hafizullah Vs. State
Court: Allahabad
Decided on: Jan-18-1957
Reported in: AIR1957All377; 1957CriLJ617
Roy, J.1. The appellant Hafiz Ullah son of Manzoor Khan, aged twenty-two years, a resident of village Shahjhahanpur, within police circle Kithore, in district Meerut, has been convicted Under Section 302, I. P. C. for the murder of one Abdul Rahim on the 26th of January, 1956, and also under Section 307, I.P.C. for causing injuries on the person of one Rafiq with knife with such intent that if death had been caused he would have been guilty of the offence of murder. He has been sentenced to death under Section 302, I.P.C. and to seven years' rigorous imprisonment under Section 307, I.P.C. He has appealed against his conviction and sentence. There is also before us the usual reference for the confirmation of the death sentence.2. The prosecution story lay within a very narrow compass. It was said that Ilhamullah Khan P.W. 2 had a garden in village Shahjahanpur where he had a nursery of plants. On the morning of the 26th of January, 1956, Ilhamullah Khan learnt that about eighty-five apr...
Parsottam Pasi Vs. Pt. Raj NaraIn Sharma and anr.
Court: Allahabad
Decided on: Jan-17-1957
Reported in: AIR1957All336
Gurtu, J1. This is a judgment-debtor's appeal. The decree-holder obtained a money decree on 10-7-42 from the Judge, Small Cause Court, Banaras. He applied for transmission of the decree under Section 39 of the Code of Civil Procedure to the Judge Section C. Court, Banaras. The decree was transmitted to the Munsif of Hawaii by the Judge, Small Cause Court. An application for execution of the transmitted decree was made by the decree-holder on the 21st of January 1946 to the Munsif, Hawaii execution being sought against land. The land being a protected land within the meaning of U. P. Regulation of Agricultural Credit Act (XIV of 1940) the Munsif, Hawaii, transferred the execution of the decree to the Collector. Having transferred the decree he dismissed the application by his order dated the 8th March 1946.It appears that the decree-holder took no steps before the Collector. On 7-3-49 he moved an application before the Judge, Small Cause Court for a fresh transmission of the decree. Thi...
Jhansi Co-operative Oil Mills Vs. Lala Makhan Lal
Court: Allahabad
Decided on: Jan-16-1957
Reported in: AIR1957All492
Gurtu, J.1. These are two appeals arising out of two different suits which were both decreed and from which decrees appeals were preferred and both the appeals were disposed of by one judgment.2. It appears that Kumaris Pushpa, Shakuntla, Indra and Padma as also Padam Chand, all minors, were members of the Jhansi Co-operative Oil Mills Ltd. (hereinafter to be referred to as the Mills). Smt. Kundan Bai and Smt. Suraj Bai were also members. The plaintiff, Makhan Lal, was also a member.3. It appears that the Mills were dissolved by the Registrar of Co-operatives Societies under the Co-operative Societies Act, 1912 and a liquidator was appointed under Section 42(1) of the said Act. The liquidator passed contributory orders against Kumaris Pushpa, Shankuntla, Indra and Padma as also against Padam Chand under Section 42(2)(b) of the Act. All these persons, as already pointed out, were minors. Later, he discharged the contributory orders against these minors and prepared fresh contributory or...
Madan Lal and ors. Vs. Chawla Bank Ltd.
Court: Allahabad
Decided on: Jan-16-1957
Reported in: AIR1959All612
ORDERC.B. Agarwala, J. 1. This is a defendants' application in revision under Section 115 of the Code of Civil Procedure arising out of a suit for recovery of a sum of money. 2. The plaintiff opposite party is a joint stock company incorporated under the Indian Companies Act. It used to carry on its business in the N. W. F Province and after partition of India its business was shifted to Dehra Dun. The defendant-applicant had opened a cash credit account with the company at its branch at Kohat in Pakistan. The defendant also migrated to India and is living at Jullunder. The plaintiff filed a suit for the recovery of the sum due from the defendant applicant on the basis of the cash credit account, at Dehra Dun, the place where the company now carries on business. It was alleged by the plaintiff company that there was no specific place of payment mentioned in the contract between the parties and as such it was the duty of the debtor to find his creditor and so the court at Dehra Dun had ...
Mohabbat Ali Vs. Ajudhia Prasad and anr.
Court: Allahabad
Decided on: Jan-15-1957
Reported in: AIR1957All285
V.D. Bhargava, J. 1. This is a judgment-debtor's appeal arising out of execution proceedings. It appears that the appellant and the respondents were partners in a business of burning coal in a state forest. Thereafter there was some dispute between the parties and a suit was filed for the dissolution of the partnership and for accounts, A decree was passed in the following terms: 'Partnership is declared to have been dissolved with effect from 6-2-50 date of notice, plaintiff's suit is decreed for recovery of Rs. 469/6/- from defendant No. 2. The plaintiff and two defendants will be entitled to 316 bags of coal each i.e. 1/3 in the whole of it. Plaintiff will get 1/2 costs of the suit from defendant No. 2 and bear the other half himself.' 2. The decree was put in execution on the 27th October, 1950, in respect of the decretal amount including costs against Mohd Ali, but we are not concerned with that portion of the decree. On the 1st of May, 1951, the decree-holder applied for executio...
Rahmat Ali Vs. Beni Madho Baijpal and anr.
Court: Allahabad
Decided on: Jan-11-1957
Reported in: AIR1957All457; 1957CriLJ801
Roy, J. 1. This is an application under Sections 3 and 4 of the Contempt of Courts Act. The petitioner Rehmat Ali obtained a rule upon the opposite parties Pandit Beni Madho Bajpai, the editor, printer and publisher of a newspaper known as Vir Bharat in Kanpur and Lakshmi Narain, the proprietor of the Mahesh Press where the paper is printed, to show cause why they should not be convicted or otherwise dealt with for contempt of Court inasmuch as during the pendency of proceedings under Section 110, Cr. P. C. against Rahmat Ali in the Court of the City Magistrate, Kanpur, a news item was printed in the Vir Bharat on 19th October 1958 which was calculated to produce, so to speak, an atmosphere of prejudice. The news item reads as follows: (Transliteration of Hindi omitted). Translated info English the matter would fread thus: 'KANPUR NEWS Members of the Congress Ad Hoc Committee appear in defence of Rahmat Ali a history sheeter and a criminal. The Local Kotwali Police had arrested. Mian...
Abdul Ali Abdul Rahman Vs. Mst. Jannat and ors.
Court: Allahabad
Decided on: Jan-11-1957
Reported in: AIR1957All552; 1957CriLJ917
ORDER1. This is an application for permission to file an appeal against an order of acquittal. The order of acquittal is dated 22-8-1956. Under Sub-section (4) of Section 417, Cr. P. C., the period of limitation for filing an application for special leave is sixty days from the date of the order of acquittal. So the present application for leave is barred by time.2. Mr. Sadiq Ali appearing for the complainant-applicant has urged that the provisions of Sub-sections (3) and (4) of Section 417, Cr. P. C., are unconstitutional inasmuch as they violate the principle of Article 14 which enunciates the principle of equality before law.''The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.''It has been pointed out that, Section 417, Cr. P. C., makes different provisions for appeals against acquittals according as whether the appellant is the State Government or a private complainant. Sub-section (1) of Section 417 pro...
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