Allahabad Court May 1957 Judgments
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Lachhmi NaraIn and ors. Vs. the State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: May-09-1957
Reported in: AIR1957All816
ORDER1. This is a petition under Article 226 of the Constitution praying that a writ of certiorari be issued quashing the notifications issued under Sections 4 and 6 of the Land Acquisition Act and further for a writ of mandamus directing the opposite parties not to give effect to the said notifications and refrain from dispossessing the petitioners from the land in dispute.2. Briefly the facts are that on the 14th of December 1956, a notification purporting to be one under Section 4(1) of the Land Acquisition Act was issued for general information that the disputed land was needed for public purpose and that the provisions of Section 17(1) of the said Act applied and that the provisions of Section 5A of the said Act would not apply to these proceedings. Thereafter another notification dated the 27th of December 1956, was issued under Section 6 of the Land Acquisition Act giving out that the laird was needed for public purpose and the Collector of Bulandshahr was directed to take order...
State and anr. Vs. Seth Chhadami Lal and ors.
Court: Allahabad
Decided on: May-08-1957
Reported in: AIR1957All639; 1957CriLJ1044
ORDERChowdhry, J.1. This is a reference under Section 438, Cr. P. Code, by the learned 1st Additional Sessions Judge of Agra recommending that an order of commitment passed by a 1st class Magistrate, Sri R. K. Rai, on 30-9-1954 be quashed with such directions as this Court may deem necessary. That the commitment in question was by a competent Magistrate is not denied. Such a commitment may be quashed by the High Court only, and only on a point of law. The point of law raised by the reference, and supported, on behalf of the accused and the State but controverted on behalf of the complainant, is that the committing Magistrate failed to comply with the provisions of Sections 208, 211 and 212, Criminal P. C.2. The order of commitment in question was made on 30-9-54 by a 1st class Magistrate of Agra in proceedings initiated on a complaint by Rajendra Kumar Jain, Director of the Vir Industries, Delhi, against Chadami Lal, Lal Behari, Ram Sarup Gupta, Pearey Lal and three others for offences...
State Vs. Faqir Chand and anr.
Court: Allahabad
Decided on: May-08-1957
Reported in: AIR1957All657; 1957CriLJ1051
Roy, J. 1. Upon an application made on behalf of the State against Faqir Chand and Chandra Kumar Saxena respondents, notice had been issued to them to show cause why they should not be convicted for the contempt of the court of the Sub-Divisional Magistrate of Shahabad. The respondents made their appearance personally in Court and they were further represented by Mr. D. P. Agarwala and in the counter-affidavit filed by them they tendered an unqualified apology and threw themselves at the mercy of the Court. On the 25-3-1957, we refrained from accepting the apology at that stage and from disposing of the matter finally and we granted the respondents a month's time to equip themselves with costs in the sum of Rs. 80/- which they may ultimately have to pay to the Deputy Government Advocate who represented the State. We directed on that date that the matter be listed for hearing on the 29-4-1957, and that if the costs aforesaid were paid up to the Deputy Government Advocate by the 28-4-195...
Brij Bhusan Pandey Vs. State Transport Authority, Lucknow and anr.
Court: Allahabad
Decided on: May-07-1957
Reported in: AIR1958All30
ORDERV.D. Bhargava, J.1. This is a petition under Aticle 226 of the Constitution filed by one Brij Bhushan Pande against the Transport Authority, U. P. and the Regional Transport Authority in the Gorakhpur Region.2. The facts of the case are that the petitioner has been plying a stage carriage since 1942 on the Ballia Bansdith-Manior Sisota route. As was the custom from the year 1940 (sic) he was given a temporary permit for three years at a time. After the decision of the Full Bench case, Moti Lal v. Government of the State of Uttar Pradesh : AIR1951All257 , the petitioner also made an application for renewal of his permit. His allegation is that from the year 1942 till 5th December 1950 there has been no conviction against him. From the 5th December 1950 to the 4th December 1953 he plied his bus on the above route and he was never convicted of any offence under the Motor Vehicles Act nor any strictures were passed by any court against him and there were no adverse endorsements on the...
Harnam Das Vs. State of U.P. Through Chief Secretary
Court: Allahabad
Decided on: May-07-1957
Reported in: AIR1959All538; 1957CriLJ912
Roy, J.1. This case arises from an application made by Sri Harnam Das under Section 99-B of the Code of Criminal Procedure. The applicant is the author of a book entitled Sikh Mat Khandan/Part I' & of its preface rendered in verse entitled 'Bhoomika' Mazam Sikh Mat Khandan' which were first published at Gorakhpur in April 1953. In July 1953 the Govt. of Uttar Pradesh took action under the powers conferred by Section 99-A of the Code of Criminal Procedure and declared the books to be forfeited to Government on the ground that they contained matter the publication of which was punishable under Section 153-A and Section 295-A of the Indian Penal Code. By the application before us we have been asked to set aside this order of the State Government on the ground that the book does not contain matter as is referred to above.In support of the application it has been contended that the applicant has taken his facts and material from authoritative literature of the Sikh religion, that he wrote t...
The Upper Doab Sugar Mills Ltd. Vs. the State of Uttar Pradesh and ors ...
Court: Allahabad
Decided on: May-06-1957
Reported in: AIR1957All643; (1957)IILLJ652All
Mehrotra, J.1. This is a petition by the Upper Doab Sugar Mills, Ltd., Shamli, District Muzaffarnagar which carries on the manufacture of Sugar at Shamli in District Muzaffarnagar and it is a company registered under the Indian Companies Act. The Opposite Party No. 2 Shri R. D. Soti was appointed on the 7th November, 1951 as Personal Assistant to the Manager of the petitioner Company. In that capacity he had to perform many duties which were in the nature of a confidential and supervisory work. Part of the duty was administrative and part of it executive.Sometime in May, 1954 the Company decided to abolish the post of Personal Assistant to the Manager. The petitioner applied for permission to dispense with the services of Sri Soti and pending the grant of the permission, the petitioner transferred the services of Sri Soti to the subsidised concern, namely, the Shamli Distillery, and Chemical Works, Shamli. The Additional Regional Conciliation Officer after detailed hearing accorded per...
E. Sefton and Co., Mirzapur Vs. Textile Mill Mazdoor Union and ors.
Court: Allahabad
Decided on: May-03-1957
Reported in: AIR1958All80
V. Bhargava, J. 1. By this petition under Article 226 of the Constitution, the petitioners, Messrs. E. Sefton and Co., Mirzapur, have prayed for the issue of an order, direction or writ in the nature of certiorari to be issued to opposite parties, the Government of the State of Uttar Pradesh, The Regional Conciliation Officer, Allahabad, and the Labour Appellate Tribunal of India, Lucknow, to produce before this Court the notification dated 27th December 1954, the award dated 19th June 1955 and the decision dated 26th September 1955, and the further prayer is that on production thereof, the notification, the award and the decision referred to above be quashed. 2. Two person's Aditya Prasad and Tasad-duq Husain were employed by the petitioner company, having been taken into service on the 29th October 1948 and 26th February 1951, respectively. They were retrenched on the 5th April 1954 and 8th April 1954, respectively. It is alleged that, at the time of this retrenchment, none of them m...
Prabhunath Vs. State
Court: Allahabad
Decided on: May-03-1957
Reported in: AIR1957All667; 1957CriLJ1056
Roy, J. 1. The appellant Prabhu Nath was a Police Constable. In March '1954, he was stationed at Shamshabad police station in the district of Farrukhabad. On the 14th of March, 1954, he had been out on patrol duty along with two other Constables by name Ramdeo and Rati Ram. Rati Ram acted as the Naik of that patrol party. The patrol party had been equipped with two muskets and certain rounds of cartridges. One of these muskets was with Prabhu Nath and the other was with Ramdeo. It was alleged on behalf of the prosecution that some time before midday on that date the three Constables took liquor in a village known as Asgharpur and became intoxicated. Prabhu Nath proceeded in the direction of village Suthenri. The other two constables went in another direction. It is said that whilst under the influence of drink Prabhu Nath threatened to shoot some persons who were sitting in a wayside field. Those men naturally got scared and ran away. Prabhu Nath went ahead and met certain other person...
Budhu Singh and ors. Vs. the Board of Revenue and anr.
Court: Allahabad
Decided on: May-03-1957
Reported in: AIR1957All719
Chaturvedi, J. 1. These are ten connected writ petitions, under Article 226 of the Constitution, in which common questions of law arise and they may conveniently be disposed of by one judgment. 2. One Ahmadi Begam was the zamindarof the plots in dispute in all the ten petitions, and she claimed that the plots were her khudkasht dots The petitioners in the petitions claimed to be the tenants of different plots owned by Ahmadi Begam. She accordingly filed ten suits under Section 63 of the U.P. Tenancy Act for a declaration that the plots were her khudkasht plots that the petitioners were not the tenants of these plots and that they were all in her possession.The petitioners denied that the plots werekhudkasht plots of Ahmadi Begam and set up tenancy rights in different) plots in themselves. Ahmadi Begam died during the pendency of thesuits and 2nd respondent was impleaded as her legal representative. The suits were filed in theyear 1945, but they remained pending for a long time in the t...
Audh NaraIn Singh Vs. Collector and ors.
Court: Allahabad
Decided on: May-03-1957
Reported in: AIR1957All779
ORDER1. This is an application under Article 226 of the Constitution praying that a writ of certiorari or any direction in the nature of certiorari be issued quashing the order of removal of the petitioner and also the order passed by the Commissioner dated the 26th of October 1956, continuing the order of removal of the petitioner. It is further prayed that a writ of mandamus or direction in the nature of mandamus be issued to the opposite parties to treat the applicant as a tahvildar in the sub-treasury at Lal-ganj in the district of Azamgarh.2. The facts which are necessary for the appreciation of the points urged, are that the petitioner was appointed as tahvildar in the year 1949 in the Azamgarh treasury. Tahvildars are employed in the cash department of the treasuries of the Government On the 20th April 1956, when the petitioner went to the treasury, he was told by the Tahsildar that his services were terminated and that he should give charge of his office to Shri Radhey Shyam Ag...
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