Allahabad Court May 1957 Judgments
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State Vs. Kartar Singh and ors.
Court: Allahabad
Decided on: May-30-1957
Reported in: AIR1958All90; 1958CriLJ129
Roy, J.1. This is an appeal on behalf of the State against an order of, acquittal. The respondents Kartar Singh, Dona Singh, Gaura Singh, Mohan Singh and Latkan Singh were charged under Ss. 148 and 302/149, I. P. C., for offences alleged to have been committed by them on the 12th of December 1952, in a farm in tahsil Bazpur, district Nainital,The learned Sessions Judge of Kumaun acquitted them of all the charges holding that it was not proved that the accused persons formed an unlawful assembly or that they had any common object either of injuring Dayal Singh or his companions or of doing anything unlawful, holding further that in the circumstances disclosed by the prosecution, the charge under Section 302/149, I. P. C., was not at all established.2. Kartar Singh, Respondent, has a farm in tahsil Bazpur in the district of Nainital which is known as Badripur Farm. Adjacent to it, there is another farm belonging to one Chandra Singh. A water channel separates the two farms. The channel b...
R.C. Gupta Vs. the State
Court: Allahabad
Decided on: May-21-1957
Reported in: AIR1959All219; 1959CriLJ410
V.G. Oak, J.1. The question raised in this criminal revision is whether an order passed by a Court under Section 94 of the Code of Criminal Procedure attracts the prohibition contained in Article 20(3) of the Constitution of India. The question arises under the following circumstances.2. Mohan Lal Sharma filed a complaint against Rule C. Gupta under Sections 406, 477, 467 and 201, I.P.C. The case was in the stage of an enquiry under Section 202, Cr. P. C. The complainant applied to the trial Court for an order to the police for recovery of certain documents from the possession of the accused under Section 96, Cr. P. C. Accordingly, the trial Court issued a search warrant under Section 96, Cr. P. C. to the station officer, Kotwali, Agra.The case was on the file of the Hony. Cantonment Bench Magistrates, Agra, Subsequently, the trial Court issued a summons to the accused calling upon him to appear either himself or produce some of his subordinates and to produce certain documents in the ...
Co-operative Development Union Ltd. Vs. Dewan Sugar Mills Sakoti Tanda
Court: Allahabad
Decided on: May-17-1957
Reported in: AIR1957All771
Chowdhry, J.1. This is defndant's first appeal tinder Order 43, Rule 1 (u), C. P. Code, from an order of remand passed by the learned Small Cause Court Judge of Meerut on appeal from a decision of the Mun-sif of Meerut.2. The plaintiff in this case was the Dewan Sugar Mills Sakoti Tanda and the defendant the Co-operative Development Union Limited at Sakoti Tanda, both being societies registered under the Co-operative Societies Act (II of 1912). Under Rule 115 of the Rules framed under Section 43 of the said Act any dispute touching the business of a registered society between, inter alia, two or more registered societies shall be decided either by the Registrar or by arbitration and shall for that purposes be referred -in writing to the Registrar.Explanation 1 of that rule provides that a dispute shall include claims for amounts due when a demand for payment is made and is either refused or not complied with whether such claims are admitted or not by the opposite party. Explanation 3 o...
Darbari Lal and ors. Vs. Smt. Dharam Wati
Court: Allahabad
Decided on: May-11-1957
Reported in: AIR1957All541
Mootham, C.J.1. This case involves the interpretation of Section 7 Clause (ii) (a). Court-Fees Act. as in force in this State. The relevant facts are these :2. The respondent, a Hindu widow, filed a suit for the recovery of arrears of maintenance, and for an order for future maintenance at the rate of Rs. 40 per month to be secured by a charge on certain property in the hands of the appellants. The appellants are the respondent's deceased husband's brother and two minor sons of the latter. The trial Court granted the respondent a decree for future maintenance at the rate of Rs. 20 a month and directed that the payment of such maintenance be made a charge on the appellant's property.Against this order the respondent filed an appeal and the appellants a cross objection, both of which were dismissed by the lower appellate Court. The appellants have now filed a second appeal in this court, and the question has arisen as to the sufficiency of the court-fee paid by the appellants on their se...
Shiam Kishore Vs. Madan Gopal Mahendra and ors.
Court: Allahabad
Decided on: May-09-1957
Reported in: AIR1958All14
Mootham, C.J.1. This is a petition under Art. 226 of the Constitution. The facts are these :The petitioner and respondents Nos. I to 9 were candidates for the office of President of the Municipal Board of Sitapur at an election to be held on the 26th October, 1953. They filed their nomination papers on the preceding 5th October. Objection was then taken by the ninth respondent to the nomination of the first respondent on the ground that the latter had not attained the age of thirty years, the qualifying age for election for residents under Section 43 (4) of the Municipalities Act, 3916. The Returning Officer thereupon held a summary enquiry under the Uttar Pradesh Municipalities (Conduct of Election, of Presidents) Rules 1953, and on the 7th October he rejected the nomination paper of the first respondent. Thereafter respondents Nos. 4 to 9 withdrew their candidatures. The election was accordingly fought between the petitioner and second and third respondents, the petitioner being decl...
Adarsh Bhandar Vs. Sales Tax Officer
Court: Allahabad
Decided on: May-09-1957
Reported in: AIR1957All475; [1957]8STC666(All)
Mootham, C.J. 1. This is a petition under Art. 226 of the Constitution in which the petitioner challenges the validity of an assessment order dated 14th September, 1956, made under the U. P. Sales Tax Act (hereinafter called 'the Act') and of a subsequent notice of demand under the same Act dated 15th September, 1956.2. The petitioner carries on business in Aligarh in vegetable ghee, cloth and sugar and is a registered dealer for the purposes of the Act. On 18th June, 1956, the respondent, who is the Sales Tax Officer, Aligarh, called upon the petitioner to furnish a return of his turnover for the quarter ending 30th June, 1956. The petitioner furnished a return, but he denied that any sales tax could legally be recovered from him on his turnover for this period on the ground that the turnover on the goods in which he dealt was not liable to tax. The respondent, however, by an assessment order dated 14th September, 1956, provisionally assessed the petitioner to a tax of Rs. 75,000 on a...
In Re: S.N. Mukerji
Court: Allahabad
Decided on: May-09-1957
Reported in: AIR1957All536
Mootham, C.J.1. This is an application by one Sailendra Nath Mukerji for admission as an Advocate of this Court.2. The applicant is a graduate of the University of Rangoon, where he obtained the degree of Bachelor of Arts in the year 1938 and that of Bachelor of Law in 1941. Thereafter he completed a course of training in the office of an Advocate practising in the Rangoon High Court, and in April, 1942, he applied for admission as an Advocate of that Court. Very shortly after this however came the Japanese invasion of Burma, and the applicant was compelled to leave Rangoon for India where he arrived in May, 1942.He has remained in India since then, but it was not until 3-12-1951 that he filed an application in this Court for admission as an Advocate. Notice of the application was, in accordance with the Rules made under Section 9 of the Indian Bar Councils Act, 1926, served on the Bar Council which on 19-5-1952, objected to the admission of the applicant on the ground that the sixth p...
Manmohan Dayal and ors. Vs. Kailash Nath and ors.
Court: Allahabad
Decided on: May-09-1957
Reported in: AIR1957All647
V. Bhargava, J. 1. This appeal arises out of proceedings for execution of a decree which was obtained by five persons, Shrimati Bitto, Radhey Shyam, Rameshwar Prasad, Gulley Ram and Bal Govind, on 3rd of April, 1941. The appeal, which was filedagainst that decree in this Court, was dismissed on 26th November, 1943, and the application for execution of the decree was presented on the 22ndof December 1944.By this time two of the decree-holders, Gulley Ram and Bal Govind, were dead. In their places Shrimati Jasoda, widow of Gulley Ram, and Salig Ram, son of Bal Govind, applied for execution as legal representatives of the original decree-holders and sought permission to execute the decree in that capacity. While this execution was still pending, Shrimati Bitto died in the year 1945 and her daughter, Shrimati Naraini Devi, applied for substitution in the execution application.She is now one of the persons executing the decree but, in this appeal, we are not concerned with her at all. Later...
Shyam Kishore Kapur and anr. Vs. the Licensing Board (Excise) and ors.
Court: Allahabad
Decided on: May-09-1957
Reported in: AIR1957All773
ORDERMehrotra, J. 1. The petitioners obtained, a licence under an auction held in the year 1956 for the year 1956-57, the period beginning from the 1-4-1956 to the 31-3-1957. The highest bid of the petitioners was forRs. 72,0007- for the four shops to be run within the municipal limits of Allahabad. The rival bidder was one L. Shiv Dayal Jaiswal. The right for selling opium in retail within the municipal limits of Allahabad used to be given away by public auction to the highest bidder by the District Magistrate under the provisions of the Excise Act, In February 1957 it was given out by theExcise authorises that in future there will be no auction for giving licence for selling the opium in retail. A new system was to be introduced which was known! as Surcharge system and the applications for purpose of obtaining licence were to be made to the Excise Licensing Board for Allahabad City. The petitioners thereafter applied to the Licensing Board and L. Shiv Dayal Jaiswal also made a simila...
Mohammad Umar Vs. Inspector General of Police and ors.
Court: Allahabad
Decided on: May-09-1957
Reported in: AIR1957All767; (1957)IILLJ470All
Srivastava, J.1. This is a petitioner's special appeal against an order of Mehrotra, J., dismissing his petition under Article 226 of the Constitution.2. In 1954, the appellant was posted as a Second Officer, at Nagina police station in the district of BiJnor. One Sri Ram Murti Singh was the Station Officer there. On 29-11-1954 Sri Rani Murti Singh made a report In which he alleged; against the appellant that when the appellant had visited village Kiratpur in Nagina Police Station on 27-11-1954 he had attempted to extort money from one Hari Sweeper and his wife Smt. Harro. The two persons had been brought at his, instance to the thana and kept wrongfully confined there in a barrack till they were discovered oh 28-11-1954 in the evening by Sri Ram Murti Singh.On this report being made the Superintendent of Police directed the Circle Inspector, Sri Sardar Singh, to check the report of Sri Ram Murti Singh, and report for further action. He also directed the Station Officer, Nagina, to reg...
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