Allahabad Court November 1957 Judgments
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Buddha and ors. Vs. Balwanta and anr.
Court: Allahabad
Decided on: Nov-29-1957
Reported in: AIR1958All699
D.N. Roy, J. 1. The parties to this case are Lal Begis or sweepers, residing in the town of Fatehabad in District Agra. The plaintiff-respondent Balwanta brought the suit out of which this second Appeal has arisen for possession over birt rights in certain houses, situated in Mohalla Parihar, Mohalla Purani Mandi, Mohalla Ghalla Mandi, Mohalla Rajput and Mohalla Kurhana within the town area of Fatehabad, and for recovery of certain sum as damages together with pendente lite and future damages upto the date of possession at the rate of Re. 1/- a day.The right claimed, as we understand it meant that the plaintiff has the exclusive right to serve for remuneration in the houses specified in the plaint and situated within those mohallas. It is not clear from the plaint as to what origin is assigned to the plaintiff's rights. His case, as stated in the plaint, is that the houses have been the birt property of the plaintiff, and that in the year 1938 that right had been recognised in suit No....
The Indian Minerals Co. Vs. the Northern India Lime Marketing Associat ...
Court: Allahabad
Decided on: Nov-28-1957
Reported in: AIR1958All692
D.N. Roy, J.1. These are two connected appeals by rival parties to certain arbitration proceedings under Section 20 of the Arbitration Act (No. X) of 1940. Appeal No. 199 of 1951 is by the Indian Minerals Company. It has been made under Section 39(1)(iv) of the Arbitration Act and is directed against an order dated 14-6-1951 by which the agreement of a reference to arbitration was ordered to be filed. Appeal No. 257 of 1953 is by the other side, namely by Brij Lal Suri and Sons, Proprietors of Northern India Lime Marketing Association, Dehara Dun.It has been made under Section 39(1)(vi) of the same Act and it is directed against an order dated 30-7-1953, by which an application to set aside the award dated 14-2-1953, was dismissed by trie Civil Judge and the suit was dismissed in terms of the award.2. The facts may be briefly stated. An application under Section 20 of the Arbitration Act of 1940 was filed by Brij Lal Suri and Sons, Proprietors of Northern India Lime Marketing Associati...
Hashmat HusaIn and ors. Vs. Inayatullah and ors.
Court: Allahabad
Decided on: Nov-26-1957
Reported in: AIR1958All706
D.N. Roy, J. 1. This second appeal by the defendants came up before a learned single Judge of this Court and he has referred it to a Division Bench. It raises an interesting question of law as to whether the plaintiffs-respondents who claimed the disputed land as their private or family grave-yard would be entitled to seek relief for injunction when they are out of possession and when the defendants have been in possession and have made certain constructions over part of the land.The trial Court was of the opinion that that land is not a grave-yard and that in any event the present suit for injunction was not maintainable as the plaintiffs were clearly out of possession and they ought to have sought relief for possession, The lower appellate Court on the other hand, came to the conclusion that this was the family grave-yard of the plaintiffs and that for the protection of the graves from being desecrated which are thirty in number, the plaintiffs were entitled to a relief for injunctio...
Rameshwar Dayal Gupta Vs. the Regional Transport Authority, Meerut
Court: Allahabad
Decided on: Nov-25-1957
Reported in: AIR1958All575; 1958CriLJ984
A.P. Srivastava, J.1. This special appeal has been preferred against an order of a learned Single Judge of this Court by which he dismissed a petition filed by the appellant under Article 226 of the Constitution.2. The appellant is the owner of a stage carriage No. USP. 834 and held a permit for running it on Khatauli-Jansath-Miranpur-Ramraj route in the district of Muzaffarnagar. On the 26th of August, 1954 at 8-20 A.M. Sri A.I. Qizilbash, the Secretary of the Regional Transport Authority, Meerut, checked the vehicle near the level crossing on the Khatauli-Jansath road. It was found that there were 31 passengers in the vehicle but only 28 of them held tickets, no tickets having been issued for the remaining three. It was also found that the stage carriage had not started at Miranpur at 7-30 A.M. according to the scheduled time table but has started at 7-50 A.M. at Jansath on its way to Khatauli.It had not gone to Miranpur at all. Sri Qizilbash thereupon issued a notice to the appellan...
Amar Krishna NaraIn Singh Vs. Deputy Commissioner, Barabanki
Court: Allahabad
Decided on: Nov-22-1957
Reported in: AIR1958All710
B. Mukerji, J.1. This is an application on behalf of Rani Drigraj Kuar, widow of Raja Harnam Singh, praying that the work of the preparation of the paper book under Chapter XIII of the Rules of Court may be resumed from the stage at which it was interrupted on account of the passing of certain decrees which should be treated as being without effect.2. The prayer in the application looks innocuous but the effect of graning that prayer would mean the ignoring of the existence of two decrees of this Court passed on the basis of a certain compromise made on 25-4-1952.3. In order to appreciate the scope of the prayer and the arguments on which the prayer was claimed it is necessary to state some facts.4. One Raja Sarabjit Singh was a taluqdar of some status and position. He died sometime in the year 1898 leaving behind a son, Raja Udit Narain Singh, who succeeded to his estate. It may be mentioned at this stage that the Rule of Primogeniture applied to the succession in respect of the estat...
Mt. Manbhari Vs. Bishun Pd.
Court: Allahabad
Decided on: Nov-22-1957
Reported in: AIR1958All769
J.N. Takru, J.1. This is a plaintiffs appeal arising out of a suit for possession and for recovery of Rs. 337-8-0 as mesne profits.2. The case first came up for hearing before a learned Single Judge of this Court and as in his opinion it raised an important question of law on which there was a divergence of judicial opinion he referred it to a Division Bench.3. The facts giving rise to the aforesaid appeal are as fallows :The plaintiff is the widow of one Sudama who died in 1935, as an unseparated member of a joint Hindu family consisting of himself, his father Ra-ghunath and the defendants. In 1937 Raghunath separated from the defendants and became the sole surviving co-parcener qua the properties which fell to his lot in that partition. He died on 17-11-1942, leaving the plaintiff, the widow of his predeceased son, as the sole representative of his branch of the family.On 26-9-1945 the defendants succeeded in obtaining mutation in respect of Raghunath's properties from the Revenue Co...
Maimai Shah Vs. State
Court: Allahabad
Decided on: Nov-21-1957
Reported in: AIR1958All422; 1958CriLJ708
H.P. Asthana, J.1. This case has come before us on a reference by a learned Single Judge of this Court who originally heard the revision and who was of the opinion that in view of the Single Judge decision reported in the case of Mula v. Emperor : AIR1926All33 , it was desirable that it should be referred to a Bench for decision, and accordingly it has been so referred.2. The applicant Maime Shah was charged by the trial court for committing house-breaking on the night between the 26th and 27th of April, 1952 into the house of one Sheo Shanker Lal Tewari in order to commit the offence of theft, The learned Magistrate, on a consideration of the evidence produced before him, was of the opinion that the charge under Section 457 I. P. C. had been satisfactorily established and accordingly he convicted the applicant on that charge.3. The lower appellate Court did not agree with the finding of the trial court that the charge under Section 457 I. P. C. had been established. It was, however, o...
Ahmad HussaIn and anr. Vs. State
Court: Allahabad
Decided on: Nov-21-1957
Reported in: AIR1958All443; 1958CriLJ720
S.N. Sahai, J.1. This revision has come up before us on reference by a learned single Judge of this Court. The point referred to us is that whether a mis-joinder of accused in a trial was an illegality and has to be set aside irrespective of the provisions o Section 537, Cr. P. C. The present revision has been directed against the order of a Magistrate of 1st Class of Shahjahanpur convicting both the applicants for an offence punishable under Section 19 (f) of the Arms Act and sentencing each of them to undergo rigorous imprisonment for a period of nine months. On appeal their conviction and sentence was maintained by the learned Sessions Judge. Aggrieved by the order passed by the court below both the applicants have come up in revision to this court.2. The facts are that on search being made of a house jointly occupied by the two applicants the Station Officer Raafat Ali recovered a 12-bore country-made pistol with lour live cartridges from a box which was locked and the key of which...
President, Municipal Board, Fatehpur Vs. Raghubir Sahai Kaithwar
Court: Allahabad
Decided on: Nov-21-1957
Reported in: AIR1958All436; 1958CriLJ714
H.P. Asthana, J. 1. The opposite party Raghubir Sahai Kaithwar, who is the Vice-President of U. P. Kori Mahasabha and President of the District Depressed Class Sangh, Fatehpur, has been called upon on an application of the President, Municipal Board, Fatehpur, to show cause as to why he should not be dealt with for committing contempt of the court of the Additional Munsif, Fatehpur. 2. It appears that one Sri Devi Dayal was prosecuted under the U. P. Pure Food Act for selling adulterated ghee on the report of Sri Ram Shanker Pandey, Food Inspector, Fatehpur. That case ended in the acquittal of Devi Dayal. Thereupon Devi Dayal brought a suit for damages for malicious prosecution against Sri Ram Shanker Pandey. During the pendency of this suit a pamphlet was published by the opposite party. It is admitted by the opposite party himself that this pamphlet was distributed in the town of Fatehpur on the 21st September, 1956. The suit for damages which was pending in the court of the Addition...
Kshatrapal Singh Vs. F.A. Chisti and ors.
Court: Allahabad
Decided on: Nov-21-1957
Reported in: AIR1958All705
V. Bhargava, J. 1. This petition under Article 226 of the Constitution is directed against an order of the Election Tribunal at Etah by which the tribunal disallowed two applications for amendment of the election petition which had been presented by the petitioner and which was entrusted to the tribunal at Etah under Section 86(1) of the Representation of the People Act, 1951, as amended upto-date.The facts given in the various affidavits do not disclose the date on which the copy of the petitionwas published in the official gazette under Section 86(1) of the Representation of the People Act, 1951. Learned Counsel for the opposite parties has, however, produced the copy of the gazette which shows that the publication took place in the gazette dated 15-5-1957. On 10-6-1957 the respondents appeared and filed their written statements. On 16-7-1957, an application for amendment of the election petition was presented by the present petitioner before the Tribunal. The date, on which that app...
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