Allahabad Court January 1957 Judgments
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Pooran Singh and ors. Vs. Additional Commissioner and ors.
Court: Allahabad
Decided on: Jan-04-1957
Reported in: AIR1957All276
Srivastava, J. 1. This Special Appeal has been filed against an order of Chaturvedi J. dismissing a writ petition filed by the appellants under Article 226 of the Constitution. 2. The facts which had led to the writ petition were that Nitya Nand, the present respondent No. 2, was the tenant of the plots in dispute He had illegally sub-let the plots. The zamindar then filed a suit against him and his sub-tenants under Section 171 of the U. P. Tenancy Act for their ejectment from the plots. That suit was filed in 1942 and was decreed. After the zamindar got possession he let out the plots to Balwant Singh, present respondent No. 3. The appellants say that they are the sons of Balwant Singh and the zamindar let out the plots to them also along with Balwant Singh. The U. P. Tenancy (Amendment) Act (Act X of 1947) was then enacted and Nitya Nand applied under Section 27 of the Act for his reinstatement over the plots. The Sub-Divisional Officer passed an order in his favour and under the pr...
Sundar Das and ors. Vs. Lachman Das
Court: Allahabad
Decided on: Jan-04-1957
Reported in: AIR1957All352
ORDERV. Bhargava, J.1. This revision arises out of proceedings under the Displaced Persons Debts Adjustment Act 70 of 1951. When this revision, cattle up for hearing, a question first arose as to whether such a revision did at all He to this Court under Section 115 of the Code of Civil Procedure. The jurisdiction to deal with proceedings under that Act 70 of 1951 is vested in Tribunal and not in Civil Courts. Under Section 115 of the Code of Civil Procedure, the High Court can call for the record of any case which has been decided by any court subordinate to such a High Court. Section 3 of the Code of Civil Procedure lays down what courts are courts subordinate to the High Court for the purposes of the Code of Civil Procedure. That section is to the following effect:--'For the purposes of this Code, the District Court is subordinate to the High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court a...
Azimulla and ors. Vs. Suraj Kumar Singh and anr.
Court: Allahabad
Decided on: Jan-02-1957
Reported in: AIR1957All307
Gurtu, J.1. This is a second appeal against the Municipal Board of Azamgarh.2. The plaintiffs came to Court on the allegation that the imposition of enhanced octroi duty on heads of cattle by the Municipal Board was illegal and that the same had been wrongly collected from them. The plaintiffs prayed for an injunction restraining the Board from realising the enhanced octroi duty and asked for a decree for refund of the amount wrongly collected from them.3. The plaintiffs' case was that the enhancement of the octroi duty amounted to imposition of a tax by the Board, but that the enhancement had not been effected in accordance with the Provisions of the U. P. Municipalities Act of 1916 (hereinafter to be referred to as 'the Act') and that, therefore, they were not liable to pay the octroi duty at the enhanced rate. Principally, the contention of the plaintiffs was that there had been no proper publication of the proposal to enhance the octroi duty in accordance with the provisions of Sec...
Smt. Razia Vs. the State
Court: Allahabad
Decided on: Jan-01-1957
Reported in: AIR1957All340; 1957CriLJ612
Raghubar Dayal, J. 1. These are six revisions by six different persons whose conviction by a magistrate for contravening a bye-law framed by the Najibabad Municipal Board, under Clause (e), item H, List I, of Sub-section (2) of Section 298, of the U. P. Municipalities Act (II of 1916), prohibiting public prostitutes from residing and from the keeping of brothels within the limits of the municipality, has been upheld by the Sessions Judge on appeal. 2. Two points have been urged on behalf of the applicants. One is that the Municipal Board of Najibabad could not frame a bye-law prohibiting the residence of, or the keeping of brothels by, public prostitutes within the entire limits of the municipality, and the other is that, it being not held by the courts below that the applicants were public prostitutes, they could not be convicted for contravening the aforesaid bye-law. 3. Section 298 of the Municipalities Act empowers a board to make bye-laws by special resolution applicable to the wh...
Rajan Singh and ors. Vs. State and anr.
Court: Allahabad
Decided on: Jan-01-1957
Reported in: AIR1959All635
ORDERM.L. Chaturvedi, J.1. This is a petition under Article 226 of the Constitution. Xt arises in tire following circumstances :--2. The petitioners are owners of certain plots of land situate in villages Bi.sokhar and Eegamabad, pcrgana Jalabad, district Mcerut. The Modi Spinning and Weaving Mills Co, Limited is situated near the petitioner's plots. Under a scheme, which is subsidised by the Government of India, there was a proposal to construct certain buildings for the residence of the labourers employed in the mills and also for other amenities for the staff and workers.The company proposed acquisition of five bighas and odd of land in village Begamabad and a little more than 12 bighas in village Bisokhar. The Government made some inquiries and it appears from paragraph 6 of the counter-affidavit that the company has actually deposited the estimated costs of those constructions with the, Government in compliance with a letter sent by the Land Acquisition Officer to it on the 10th o...
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