Allahabad Court April 1957 Judgments
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Lal Bijai Saran Singh and ors. Vs. Chandra Bahadur Singh
Court: Allahabad
Decided on: Apr-29-1957
Reported in: AIR1957All754
ORDERV.D. Bhargava, J. 1. This is an application in revision by the defendant in a suit arising out of a suit for accounts.2. The opposite party had instituted a suit for accounts on the allegation that the parties were relations, that the plaintiff invested in the partnership firm a sum of Rs. 20,000/- from time to time between the year 1945 and the date of the suit, that defendant No. 2 used to maintain the accounts with the common consent, that the defendants in collusion with each other misappropriated the properties and did not render accounts of the partnership and that the plaintiff requested them to dissolve the partnership, but the defendants refused to do so; hence the suit.3. Among other defences one of the defences was that the suit was not cognizable by the Court of the Munsif. The learned Munsif came to the conclusion that upon the allegations in the plaint itself there was more sum due to the plaintiff than the sum of Rs. 20,000/- because in paragraph 10 of the plaint he...
Shyam Lal Vs. State
Court: Allahabad
Decided on: Apr-26-1957
Reported in: AIR1958All76; 1958CriLJ11
Asthana, J.1. The appellant Shiam Lal has been convicted under Section 498, I. P. C., by the learned Sessions Judge, Agra, and has been sentenced to one year's rigorous imprisonment.2. It appears that Smt. Govindi was living with her husband Babu Lal and father-in-law Jiwa Ram in Mohalla Mohanpura, Police Station Rakabganj, in the district of Agra. The accused Shiam Lal was employed at the shop of Babu Lal. On the 12th January 1952, Babu Lal found that his wife with the younger daughter was missing from the house and that some ornaments andcash were also missing. He made a report about it at Police Station Rakabganj the same day at 3 o'clock in the afternoon and in that report he suspected the appellant Shiam Lal, Gopi Lal and Balwanta.It was alleged in the report that Smt. Govindi had either been taken in connection with illicit intimacy or she herself had gone away with the accused. No witnesses were mentioned in the report and it was stated that their list shall be submitted in Cour...
Bireshwar Chakravarti Vs. L.N. Kaula and ors.
Court: Allahabad
Decided on: Apr-26-1957
Reported in: AIR1957All671
Mukerji, J. 1. This Special Appeal is by Bireshwar Chakravarti and the respondents to the appeal are: (1) Sri L.N. Kaula, Divisional Accounts Officer, Northern Railway, Allahabad, (2) Sri M.R. Sud, Divisional Mechanical Engineer, Northern Railway, Allahabad, (3) Sri A.L. Gupta, Divisional Personal Officer, Northern Railway. Allahabad, (4) Sri P.C. Shulda, Divisional Operating Superintendent, Northern Railway, Allahabad, (5) The Divisional Superintendent, Northern Railway, Allahabad.2. Bireshwar Ghakravarti, the appellant, filed a petition under Articles 226 and 227 of the Constitution of India in this Court in July 1956 praying for:(i) a writ of 'prohibition' commanding the respondents to this appeal not to take any further steps in progress of an enquiry which had been instituted against the appellant on the ground inter alia that the enquiry was without jurisdiction; (ii) a writ of certiorari to quash the orders of suspension made against the petitioner on the 26th of May 1956; (ii...
State Vs. Badri and ors.
Court: Allahabad
Decided on: Apr-26-1957
Reported in: AIR1957All714; 1957CriLJ1195
Roy, J. 1. This is an appeal by the State against an order of acquittal of the respondents who are father and son. Bishwanath was charged under Section 304. I. P. C., and Badri, his father, under Section 304/34 I. P. C. 2. The facts found by the learned Sessions Judge and which are not now disputed before as are these :-- 3. Badri respondent was employed as a mistri in the loco department at Gorakhpur and he occupied one of the quarters provided by the railway. The deceased Gopal was the son in law of Badri Gopal's sister was married to Banarsi who was also employed as a mistri in the loco department and who lived in a neighbouring quarter provided by the railway. After his marriage with the daughter of Badri, Gopal came to live about three years before this orcurrence with his father-in-law. They did not however pull on well together, with the result that Gopal shifted to the place of Banarsi after some time. Badri later on, persuaded Gopal to return to his house after a month; but th...
Gaya DIn Vs. the State
Court: Allahabad
Decided on: Apr-25-1957
Reported in: AIR1958All39; 1958CriLJ9
Beg, J. 1. This is a revision filed by one Gayadin who has been convicted under Section 19 (f), Arms Act, and sentenced to 18 months rigorous imprisonment. The applicant is a resident of Qaimganj in the District of Farrukhabad. On 12-11-1953 at about 7 P.M. he was found in possession of a country made pistol and two cartridges. At that time he was in a grove near the Qaimganj Primary School. On receiving information about it, the station officer Qaimganj, Sri M. P. Agnihotri, came to the spot taking with him a Circle Inspector, a number of constables and some members of the public.The applicant was found in the company of another person. Both of them were arrested and searched. From the person of the applicant one pistol (Ext. I) and two live cartridges (Ex. II) were recovered. The police framed a charge-sheet in respect of the case, and submitted to the District Magistrate for sanctioning the prosecution of the applicant under Section 19 (f), Arms Act. The sanction was given. The accu...
Nand Lal Vs. Mt. Siddiquan and ors.
Court: Allahabad
Decided on: Apr-24-1957
Reported in: AIR1957All558
ORDERV.D. Bhargava, J. 1. This is an application in revision under Section 115 C. P. C. by an auction-purchaser.2. On 4-11-53 it was ordered that sale should take place on 23-12-53 of the property in dispute. On 23-12-53 sale of the property was held and it was purchased by the auction-purchaser applicant. On that day he deposited 25 per cent, of the purchase money under Order 21 Rule 84. The balance of the purchase money he had to deposit within fifteen days from the date of the sale, i.e. the deposit should have been made by 7-1-54 at the latest, as required by Rule 85 of Order 21. On 6-1-54, instead of depositing the money, the auction-purchaser prayed for further extension of time to deposit the money till 23-1-54. The court extended the time only by ten days. On 15-1-54 the remaining amount was deposited.On 23-1-54 the sale was confirmed and the sale certificate was granted. On 29-1-54, i.e. after the confirmation of the sale, an application was moved- that since the money had not...
Hukum Chand Vs. the State
Court: Allahabad
Decided on: Apr-24-1957
Reported in: AIR1957All705; 1957CriLJ1191
ORDERBeg, J.1. This is a revision by one Hukum Chand who was prosecuted under Section 6 of the poisons Act (Act No. XII of 1919) for being in possession of a number of poisons without any licence for the same as required under Rule 3 of the rules framed under Section 2 of the Poisons Act.2. The applicant was convicted by the trial court and sentenced to a fine of Rs. 50/- or, in default to undergo three weeks simple imprisonment. The trial court further ordered that the poisons recovered should be confiscated and disposed of to some other licensee under the orders of the District Magistrate. The applicant filed a revision application before the learned Additional Sessions Judge. Aligarh. This revision application having been dismissed, the applicant has filed the present revision application in this court.3. It appears that the applicant's brotherSughan Chand possessed a licence entitling him to sell certain poisons. He died on the 27th August 1949. At the time of his death, there was ...
Delhi Cloth and General Mills Ltd. Vs. Yograj Singh and ors.
Court: Allahabad
Decided on: Apr-24-1957
Reported in: AIR1957All797; 1957CriLJ1376
ORDER1. This is a revision filed on behalf of Daurala Sugar Works which was first party in a proceeding under Section 145 of the Code of Criminal Procedure. It appears that Daurala Sugar Works had, through their manager, made an application under Section 145, Criminal P. C., alleging that the applicant was in cultivatory possession of plots Nos. 345, 331, 332, 334 and 301 total area of 12 Bighas and 8 Biswas in village Daurala at a rent of Rs. 93/- per annum; that the second party namely, Yograj Singh and others were threatening to take possession of the said plots, and that there was danger of apprehension, of breach of peace. It, accordingly, prayed that action under Section 145, Criminal P. C., be taken in the case.2. The second party appeared in the case and filed a written statement. The proceedings under Section 145, Criminal P. C., went on in the usual way. On 15-4-1952, the proceedings terminated in the Magistrate's Court and a final order under Section 145. Sub-section (6), wa...
Mohammad Hanif Ashan Ullah Khan Vs. the Deputy Supdt. of Police and an ...
Court: Allahabad
Decided on: Apr-23-1957
Reported in: AIR1957All634
ORDERMehrotra, J.1. This is an application under Article 226 of the Constitution praying for a writ of prohibition or direction in the nature of prohibition to opposite party No. 2 the Superintendent of Police Mirzapur not to proceed with the departmental trial on the basis of the findings arrived at by the learned Deputy Superintendent of Police and on the allegations made in the charge sheet.2. The facts of the case briefly are that the petitioner was enrolled in the IT. P. Police force as a constable in 1938. He was promoted to the post of Head Constable in 1948. In February, 1955 he was Head Constable at Police station Chopan in the District of Mirzapur. According to the petitioner the station officer Chopan became inimical to him and he therefore complained against the petitioner to the Superintendent of Police Mirzapur. The complaint related to two incidents which took place on the 23rd of September, 1954 and the 17th of January, 1955. The Superintendent of Police received compla...
Ganpat Sahai Vs. Rama Shanker and ors.
Court: Allahabad
Decided on: Apr-23-1957
Reported in: AIR1957All729
Mehrotra, J. 1. The petitioner was declared elected as the President of the Municipal Board, Sultanpur. in the general election held on the 26th of October, 1953. Rama Shanker, advocate, opposite party No. 1 was the only rival candidate. After the petitioner had been duly declared elected the opposite party filed an election petition challenging the election of the petitioner which was duly referred to the District Judge of Faizabad for disposal as the election tribunal for the said Municipal election. The petitioner filed a reply to the election petition filed by the opposite party. A number of issues were framed by the tribunal. The tribunal by its order dated 20th of December, 1956, allowed the petition, set aside the election of the present petitioner and declared the respondent as duly elected. The decision of the tribunal in favour of the opposite party was based on its findings on three main issues, issues Nos. 2, 4(a)and 5(a). The present petition has been filed Under Article 2...
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