Allahabad Court April 1957 Judgments
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Ganga Vs. the State
Court: Allahabad
Decided on: Apr-12-1957
Reported in: AIR1957All678; 1957CriLJ1060
ORDERMulla, J.1. This is an application of revision filed by one Ganga who was convicted under Section 379 I. P. C. by the Railway Magistrate, Lucknow, but the learned Sessions Judge when the case came up in appeal before him altered the conviction to one under Section 411, I. P. C.2. Briefly stated the facts of the case are that one Sri Mathur, a passenger, was travelling by a train and one Latif picked his pocket at the Charbagh platform. Sri Mathur immediately detected the loss of his purse and he found Latif and the applicant running away together. He raised an alarm and pursued the two and the other persons present on the platform also joined in this pursuit. Latif and the applicant were arrested and then their persons were searched. The purse was found on the person of the applicant. Sri Mathur had further stated that he saw Latif handing over the purse to the applicant. It was on this basis that both Latif and Ganga were prosecuted. The Magistrate came to the conclusion that the...
Azizun Nisa and ors. Vs. Asst. Custodian and ors.
Court: Allahabad
Decided on: Apr-11-1957
Reported in: AIR1957All561
Desai, J. 1. This is an application for a writ of certiorari, order or direction to quash the declaration dated 7-3-1953 (wrongly mentioned as 17-3-1953 in the application) under section 7 of the Administration of Evacuee Property Act (No. XXXI of 1950) (to be referred to as Act No. XXXI) the order of the Competent Officer, Faizabad (opposite party No. 2) for sale of the property in dispute dated 20-34.956 and the sale held by the Competent Officer on 13-8-1956 of the property in dispute in favour of Sri Mahabir Prasad Jhunjhunwala (opposite party No. 3). There is the ubiquitous prayer for any other and further relief as the Court may deem fit. The applicants are related to one another as would appear from the following pedigree : Abdul Wahid |_ Applicants Abdul Majid | Rahmat Bibi (d.1953) | |-Azizun Nisa (Applicant)-Moharram Mian|-Noori Mian----|-Khatoon (w/o Abdul arkat)(Applicant)| |_ |-Taghma Bibi-|-Shamshun Nisa(Applicant)| |_Wazir-Khudabux-|(Sons & daughters)|-Khudaija Bib...
Balgovind Rastogi Vs. Bhargava School Book Depot
Court: Allahabad
Decided on: Apr-10-1957
Reported in: AIR1958All369
Randhir Singh, J.1. This is a second appeal arising out of a suit for arrears of rent and for ejectment from a house.2. It appears that the defendant-appellant was a sub-tenant of the plaintiff in occupation of a shop in Aminabad the monthly rent of which was Rs. 28/14/-. According to the allegations of the plaintiff the defendant was in arrears in the matter of rent to the tune of more than Rs. 362/14/- in April 1951. A notice was sent to him demanding payment of arrears of rent within a week and possession of the shop at the end of the month of tenancy, on 9-4-1951.This notice was sent by registered post (acknowledgment due) and an acknowledgment purporting to have been signed by one Om Prakash was received by the plaintiff. The plaintiff waited till 17-5-1951 and then instituted the suit which has given rise to this appeal for possession and arrears of rent. He also claimed damages for use and occupation for the period following the determination of the tenancy.3. The defendant cont...
The Lord Krishna Sugar Mills Ltd., Saharanpur Vs. the Assistant Custod ...
Court: Allahabad
Decided on: Apr-10-1957
Reported in: AIR1958All396
ORDERGopalji Mehrotra, J.1. The petitioner is a limited company registered under the Indian Companies Act, 1913, and has a sugar factory for the manufacture of sugar. On 28-3-1955 notices were issued by the Assistant Custodian, Saharanpur, under Rule 6 (1) of the Administration of Evacuee Property Rules, addressed to 50 persons who were formerly employees in the petitioners' factory requiring them to show cause why orders be not passed declaring them evacuees and all their properties to be taken over under the provisions of the Administration of Evacuee Property Act. Among the properties certain amounts were mentioned as evacuee money alleged to be lying with the Mills to the credit of those evacuees. The total amount was Rs. 4,207/15/-. The petitioner company was also mentioned as an interested person in the notices issued in the names of those evacuees. The amount was claimed to be in respect of bonus payable for the year 1946-47 under a Government Order made in the crushing year 194...
B. Bajranj NaraIn Vs. Shri Ram
Court: Allahabad
Decided on: Apr-10-1957
Reported in: AIR1957All644
Beg, J.1. This is a plaintiff's second appeal arising out of a suit for recovery of arrears of rent under Section 148 of the U. P. Tenancy Act. He had sued for the recovery of arrears of rent for the year 1357 Fasli. His case was that the rent agreed between the parties was Rs. 1000/- per year, and that the amount of Rs. 997/4/10 as detailed in the body of the plaint was due from the defendant. The plaintiff accordingly prayed for a decree in respect of the same. The suit was resisted by the defendant mainly on the ground that he had deposited ten times the annul rental under U. P. Agricultural Tenants (Acquisition of Privileges) Act, 1949 (U. P. Act X of 1949), and the rent fixed on the said land under this Act as payable by him was only Rs. 73/8/5. The trial Court accepted the defendants' contention, and decreed the suit for an amount of Rs. 36/11/11 with proportionate costs and with past, pendente lite and future interest at the legal and sanctioned rates.2. The plaintiff went up in...
Govind Ram Sharma Vs. State and ors.
Court: Allahabad
Decided on: Apr-10-1957
Reported in: AIR1957All737
Mootham, C.J.1. This is an appeal from an order of Mr. Justice Chaturvedi dated the 29th March, 1955, dismissing a petition under Article 226 of the Constitution.2. The appellant was appointed Headmaster of the G. H. P. Higher Secondary School, Nagina, in the year 1928. At that time the school was a Middle School. Subsequently it became a High School and in 1948 an intermediate college. The appellant continued to hold office as Headmaster, and he acted as the first Principal of the College until October, 1948. In that month a new Principal was appointed and the appellant thereafter performed the duties of an assistant teacher. On the 29th August, 1949, the managing committee of the college terminated the appellant's services with effect from the 1st September, 1949.The appellant did not accept the validity of the resolution terminating his services and the ensuing dispute was ultimately referred to a board of arbitration. That board, by an award dated the 10th March, 1954. upheld the a...
Mitra Prakashan Ltd. Vs. Post Master General and anr.
Court: Allahabad
Decided on: Apr-09-1957
Reported in: AIR1957All662
1. The petitioner Mitra Prakashan Ltd., is a private limited company incorporated under the Indian Companies Act with its registered office at Muthiganj, Allahabad city. The petitioner company has been publishing a Hindi periodical known as 'Manorama' since 1926. It is a monthly magazine and successive numbers of it are published at intervals of not more than 31 days. The monthly circulation of the publication 'Manorama' is 22,000 copies. It has a bona fide list of subscribers above 50. This magazine has been registered since 1926 as a newspaper for transmission by inland post. Its registration number was A-278. Registered newspapers can be sent for a payment of one pice of postage in case the weight does not exceed 10 tolas.Similarly other concessional rates for registered newspapers are provided for in the first Schedule to the Indian Post Offices Act and the Rules made, thereunder. In case the newspaper is not allowed to be registered and sent as an unregistered magazine the postal ...
Sunder and ors. Vs. State
Court: Allahabad
Decided on: Apr-05-1957
Reported in: AIR1957All809; 1957CriLJ1378
Chowdhry, J.1. This is an appeal by five persons: Sundar aged 30, Pachchu aged 70 or 75 (65 according to the Sessions Judge), Radhurai aged 30, Sukhlal aged 40 or 45 and Gajraj aged 20 or 21 (25 according to the Sessions JudgeJ. The learned Sessions Judge of Fatehpur has convicted all of them under Section 302, read with Section 149 or alternatively, with section 34, I. P, C., and sentenced Sundar and Pachchu to death and each of the remaining three to imprisonment for life. He has passed a separate sentence of imprisonment for life on Raghurai under Section 302, read with Section 114, I. P. C.He has also convicted all of them of rioting and sentenced Sundar and Pachchu to 2 years' R.I. each under Section 148, I. P. C., and Raghurai, Sukhlal and Gajraj to 18 months R.I. each under Section 147, I. P. C. The learned Sessions Judge has said nothing as to whether the sentences of those not awarded capital punishment were to run concurrently or consecutively. The record is also before us fo...
Abdul Hamid Khan Vs. Kanpur Electric Supply Administration, Through St ...
Court: Allahabad
Decided on: Apr-04-1957
Reported in: AIR1957All650
V. Bhargava, J. 1. The assessee, Mannilal Sagarmal, during the course of the assessment for the year 1943-44, made an application for registration of the firm under Section 26-A of the Indian Income Tax Act. The Income Tax Officer issued a notice under Section 22(4) Of the Act requiring the assessee to produce certain accounts and documents on the date fixed. The accounts and documents were not produced and on the facts before him, the Income Tax Officer held that they had been deliberately suppressed. Thereupon, the Income Tax Officer held that the notice had not been complied with and the assessee was liable to assessment under Section 23 (4) of the Act. Consequently, he refused registration and rejected the application under Section 26-Aof the Act.The assessee appealed against this order but the Appellate Assistant Commissioner of Income Tax dismissed the appeal holding that no application had been made under Section 27 of the Act to the Income Tax Officer for cancellation of the As...
State Vs. Mangala
Court: Allahabad
Decided on: Apr-03-1957
Reported in: AIR1957All753; 1957CriLJ1199
Roy, J.1. This is an appeal by the State against an appellate order of acquittal passed by the learned Second Additional Sessions Judge of Agra by which Mangala, the respondent, had been acquitted of the charge under Section 14 of the U. P. Opium Smoking Act No. III of 1934. The respondent Mangala was prosecuted with two others, namely Sharafat Husain and Bundu of offences punishable under Section 12 and 14 of the Act. The learned Magistrate upon the plea of guilty made by the accused persons and upon the statement made by them before him convicted Bundu under Section 14 of the Act and sentenced him to six months' R. I. and also under Section 12 of the Act to two months' R. I.He acquitted Mangala and Sharafat under Section 12 of the Act but convicted them under Section 14 and sentenced each of them to a fine of rupees one hundred, in default of which to undergo one month's R. I. Mangala, the respondent, appealed against his conviction and sentence. The learned Second Additional Session...
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