Allahabad Court November 1957 Judgments
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Ghayur Ali Khan Vs. Mahesh Chandra and anr.
Court: Allahabad
Decided on: Nov-04-1957
Reported in: AIR1958All719
O.H. Mootham, C.J. 1. This is a petition under Article 226 of the Constitution.2. The petitioner and the second respondent were candidates for election to the State Legislative Assembly from the Bhawan Constituency No. 24 at an election held on 6-3-1857. At this election the petitioner was declared duly elected and thereafter the second respondent filed an election petition challenging the validity of the petitioner's election on a number of grounds. The election petition was referred by the Election Commission for trial to an Election Tribunal which framed certain issues. On 20-8-1957, Sri Gliayur All Khan, the present petitioner and respondent before the Election Tribunal, filed an application that the petition be struck out as being vague and not in conformity with the provisions of Section 83, Clause (b), of the Representation of the People Act, 1951, and that the issues be revised.The Election Tribunal by an order dated 30-8-1957, framed three additional Issues and, save for a dir...
New Singhal Dal Mill Vs. Firm Sheo Prasad Jainti Prasad
Court: Allahabad
Decided on: Nov-01-1957
Reported in: AIR1958All404
M.C. Desai, J.1. This is an application for revising under Section 25 of the Small Cause Courts Act a decree passed by a Court of small causes. The decree was passed on 27-4-1957 in a suit instituted in 1956 in the Court of Small Causes. Section 25 of the Small Cause Courts Act as it then existed laid down that the High Court for the purposes of satisfying itself that a decree or order made in any case decided by a Court of small causes was according to law, might call for the case and pass such order with respect thereto as it thought fit.The U. P. Legislature passed the Provincial Small Cause Courts (U. P. Amendment) Act (No. 17 of 1957), which amended Section 25 by substituting the words 'the District Judge' in place of the words 'the High Court', 'himself' for the word 'itself' and 'he' for 'it'. The U. P. Act received the President's assent on 30-5-1957 and was published in the Gazette of 4-6-1957. It was to come into force at once; so it came into force on 4-6-1957. The present a...