Allahabad Court October 1957 Judgments
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Mahesh Chandra and anr. Vs. Tara Chand Modi
Court: Allahabad
Decided on: Oct-25-1957
Reported in: AIR1958All374
R.N. Gurtu, J.1. This is an application under Article 228 of the Constitution of India made by Sri Mahesh Chandra and Sri Bisheshwar Dayal, who at the date of the presentation of the petition were senior and junior Vice Presidents respectively of the Municipal Board of Hapur for a writ in the nature of quo warranto directing the opposite party to show bv what authority he Duroorts to claim to be a full-fledged President of the Municipal Board of Hapur and claims to act as President of the Municipal Board of Hapur without any Incapacity.A writ of mandamus has also been prayed for preventing him from acting as President of the Municipal Board of Hapur. The opposite party is Sri Tara Chand Modi who was elected the President of the Municipal Board in October 1953 at the general elections of that year by direct election by the electors of the Municipality under Section 43 (2) of the then U. P. Municipalities Act (U P. Act, II of 1916), hereinafter to be referred to as the Act.Subsequently b...
Lala Shanti Sarup Vs. Janak Singh and ors.
Court: Allahabad
Decided on: Oct-21-1957
Reported in: AIR1958All170
ORDERV. Bhargava, J. 1. This is a first appeal arising out of a suit brought by the plaintiff-respondents against the defendant-appellants and certain other defendants who are pro forma respondents, for compensation for breach of a contract. The brief facts of the case are that some of the plaintiff-respondents and predecessor-in-interest of other plaintiff-respondents owned 14 biswas and 11 biswansis share in Mahal Narain Singh village Khetalpur Sahruiya. They executed a simple mortgage of this property on 9th May 1914 in favour of two persons Bansidhar and Khub Chand, for a sum of Rs. 12,000/-. Subsequently a sale-deed of half or this property which had been mortgaged was executed by the owners (now represented by the plaintiff-respondents) on 9-2-1920, in favour of Shanti Saran, appellant, and three others who are now represented by the remaining appellants. The consideration for the sale-deed was a sum of Rs. 16,000/-. In the body of the sale-deed it was recited that the considerat...
Smt. Rajkumari Vs. Trilok Singh and anr.
Court: Allahabad
Decided on: Oct-21-1957
Reported in: AIR1959All628
ORDERM.L. Chaturvedi, J.1. This is a petition under Article 226 of the Constitution praying mainly for the quashing of an order passed by the District Judge on 24th January, 1956, and for the issue of a Writ of Mandamus directing the District Judge to decide afresh the petitioner's application for grant of maintenance and expenses of the proceedings, pending before the District Judge.2. The petitioner was married to the respondent in April 1948 and two children have been born, both of whom happen to be girls. It is a matter of controversy whether the petitioner refused to live with her husband or the husband did not permit the petitioner to live with him. The husband, namely, the first respondent made an application under Section 10 of the Hindu Marriage Act (Act No. 25 of 1955). Under Section 10 of the above Act, either party to a marriage is authorised to present a petition to the District Court praying for a decree for judicial separation on the grounds enumerated in the section.Dur...
Babu Ram Vs. Peragi and anr.
Court: Allahabad
Decided on: Oct-15-1957
Reported in: AIR1958All362
ORDERRandhir Singh, J.1. This is a petition for a writ of certiorary under Article 226/227 of the Constitution of India for the quashing of an order dismissing an election petition instituted by the petitioner Babu Ram, challenging the election of opposite party No. 1 to the office of Pradhan Gaon Sabha Ra-soora, District Sitapur.,2. It appears that out of two rival candidates, namely the petitioner and opposite party No. 1, opposite party No. 1 succeeded in getting a majority of votes and was declared elected. An election petition was then instituted by the present petitioner for the setting aside of the election of opposite party No. 1. This election petition was presented to the Sub-Divisional Officer, Sitapur but was transferred to Sri Harish Chandra, Judicial Officer and Additional Sub-Divisional Officer, Sitapur.The question as to whether a Sub-Divisional Officer, who was competent to entertain an election petition arising out of an election of Pradhan to a Gaon Sabha within his ...
Richhpal Chand and ors. Vs. Richhpal Singh and ors.
Court: Allahabad
Decided on: Oct-15-1957
Reported in: AIR1958All546
M.C. Desai, J.1. This is a defendants' appeal from a decree of a Civil Judge for possession over zamindari property in village Shemo and some houses, past mesne profits amounting to Rs. 3,400/- and pendente lite and future mesne profits atRs. 1,100/- per annum. The decree was made conditional upon the plaintiff-respondents' de-positing Rs. 3,600./- within three months for payment to the appellants; in default their suit was to stand dismissed with costs.2. The property in dispute was admittedly owned by Dr. Ranjit Singh as his self-acquired property. He was murdered on 20-1-1895 and was survived by his widow Janki Devi and at least one brother Sher Singh. He had one more brother Lekhraj Singh, but when he died is a matter of serious controversy in the appeal. Sher Singh died in 1904 leaving his son Ram Sarup Singh, plaintiff-respondent No. 3. Lekhraj Singh left a son Bharat Singh, who was plaintiff No. 1, but died during the pendency of the suit leaving his sons Richpal Singh andJaipal...
S.P. Gupta Vs. Abdul Rahman
Court: Allahabad
Decided on: Oct-11-1957
Reported in: AIR1958All851
A.P. Srivastava J.1. This is an objection against a report of the Chief Inspector of Stamps. The plaintiff sued for the specific performance of a contract of sale and also claimed damages. Some building materials at the Kasia aerodrome were purchased by defendant No. 1 at public auction for a sum of Rs. 41,000/-. In making the purchase defendant No. 1 is alleged to have acted for his master defendant No. 2. A sum of Rs. 1025/- had also been deposited by defendant No. 1 by way of security with the Government and was refunded to him.The defendants Nos. 1 and 2 agreed to sell the building materials to the plaintiff for a consideration of Rs. 56,200/-. It was also agreed that the plaintiff would pay Rs. 10,200/- to the defendant and would become entitled to realise the amount deposited by way of security with the Government. In the plaint, however, the plaintiff, said that because of certain thing which the defendants had done they were not entitled to the full consideration; that the plai...
Paltu Vs. Joti Prasad
Court: Allahabad
Decided on: Oct-04-1957
Reported in: AIR1958All544
V.D. Bhargava, J. 1. This is judgment-debtor's appeal in a suit for redemption. There was one Daulat who had mortgaged four specific sir plots to one Shera on 27-2-1006. It was an usufructuary mortgage. After the execution of the mortgage Daulat executed a sale deed of his rights of redemption of these four plots to one Harnam on 14-4-1909. Hamam again sub-mortgtged these rights of redemption to one Nagina and others on 20-4-1910. Harnam's rights of redemption were put in auction and were purchased by the res-pondent Jyoti Prasad in a court auction. Nagina and others redeemed the mortgage and by partition among themselves Nagina got this property.The respondent thereafter filed suit No. 359 of 1950, for redemption of mortgage and obtained a decree against the appellant on 18-9-1951. Thereafter the decree for redemption was put in execution on 19-5-1952 for possession of the specific Plots. When this decree was put in execution there were objections filed by the appellant on the ground ...