Allahabad Court August 1957 Judgments
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R.L. Aurora Ram Ditta Mal Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Aug-30-1957
Reported in: AIR1958All126
ORDERMehrotra, J. 1. These two petitions raise common questions of law and facts and can be disposed of by a common judgment. On the 31st of May, 1943 the petitioner, Shri R L. Arora purchased 9 acres of agricultural land situate in village Naurayva Khera, District Kanpur lying along Kalpi Road from Mahadeo Prasad and others for Rs. 7000/-. The petitioner, thereafter, on the 31st July, 1952 obtained the surrender of the tenancy right from the tenants who were in occupation on the payment of Rs. 1,700/- and odd.On the 31st of May, 1943 the petitioner obtained a permanent lease of another plot of land, measuring 15 acres which was contiguous to the plot purchased by him and was uncultivated, on payment of Rs. 3892/-. According to the petitioner these plots of land were acquired for erecting a factory. The plot which was held on lease and was 15 1/2 acres in area was requisitioned by the Military Department on the 26th July, 1953 for a period of 10 years and an area of 1.59 acres out of t...
Raja Ram Adult Vs. Lakshmi NaraIn Adult
Court: Allahabad
Decided on: Aug-30-1957
Reported in: AIR1958All149
Mukerji, J 1. This is a First Appeal From Order under Section 209 of the Indian Succession Act against an order o the learned District Judge of Kanpur refusing to restore an application for the revocation of a Probate dismissed for default of appearance of the appellant. It is necessary to state a few facts because the order of the Court below is very sketchy and does not give the necessary facts.2. One Manni died issucless in 1934 leaving behind a house and a widow. The appellant's father Manian was, at the time of his death, the nearest reversioner. Srimati Dulari, the widow of Manni, is alleged to have made a will in favour of Lakshmi Narain, the respondent. Srimati Dulari died on 4th of February, 1946. Lakshmi Narain applied for a Probate to the will of Dulari on 29th of October, 1946.Lakshmi Narain, in his application for the grant ot Probate, did not mention that Manian was close relation of the deceased, and secondly, no notice of the Probate proceedings was given to Manian. It ...
Nand Kishore Rai and anr. Vs. Mst. Bhagi Kuer and ors.
Court: Allahabad
Decided on: Aug-30-1957
Reported in: AIR1958All329
M.C. Desai, J. 1. This is an appeal from an order of a District Judge granting probate of a will purported to have been executed on 17-11-1936 by one Deo Saran Rai in the presence of four attesting witnesses including Sri Ram Vishal Misra, Jang Bahadur Rai and Raghuraj Singh. The grant of probate was opposed by the appellants on several grounds all of which were reject-ed by the learned District Judge. 2. In this appeal only one ground was pressed before me and it is that the application for probate by the respondents was not verified by at least one of the attesting witnesses of the will as required under S- 281 of the Succession Act. Sri Ram Vishal Misra was actually examined in Court and Raghuraj Singh and Jang Bahadur Rai apparently were alive when the petition was filed (they had been summoned as witnesses by one of the parties in this case), but not one of the witnesses verified the petition and there is no explanation in the petition itself for the non-verification. So it was co...
AmIn and anr. Vs. the State
Court: Allahabad
Decided on: Aug-29-1957
Reported in: AIR1958All293; 1958CriLJ462
Mulla, J.1. Appellant Amin and his mother Shrimati Shakira have been convicted under Sections 302, 364 and 379, I. P. Code by the Additional Sessions Judge, Sitapur. They were also found guilty under Section 201, I. P. Code, but the trial court relying upon a decision of the Supreme Court did not consider it desirable to sentence them under this offence. Each of them has been sentenced to death under Section 302, I. P. Code, to ten years' rigorous imprisonment under Section 364, I. P. Code and to three years' rigorous imprisonment under Section 379, I. P. Code.The trial court had charged them with these offences directly as well as constructively by applying Section 34 of the Indian Penal Code, but in the judgment it held them to be directly liable. The charge against the two appellants was that on the evening of the 11-6-1956, they kidnapped Kumari Nabbo aged about 8 years to their house in village Imalia, police station Mahmudabad, District Sitapur and thereafter murdering her and ro...
L. Nanak Chand Mehrotra and ors. Vs. Board of Revenue, U.P. at Allahab ...
Court: Allahabad
Decided on: Aug-29-1957
Reported in: AIR1958All320
V. Bhargava, J. 1.By this petition, under Article 226 of the Constitution, the petitioners seek issue of a writ of Mandamus directing the Board of Revenue, U. P. to make a reference to the High Court under Section 57 of the Stamp Act. The facts given in the affidavit in support of the petition show that initially the stamp duty on the document was held in accordance with the desire of the petitioners, to be Rs. 2/- only by the Collector. Subsequently there was an objection by the Sub-Registrar and the Chief Inspector of Stamps when the document was presented for registration and as a result the matter went up under Section 56 of the Stamp Act before the Board of Revenue, U. P. The Board of Revenue gave its decision holding against the petitioners and directing that the stamp duty should be charged on the document as a deed of partition and not as a deed of agreement.This decision was communicated to the petitioners under a letter dated February 2, 1957 which means that that decision wa...
Jai Bir Singh Vs. Malkhan Singh and anr.
Court: Allahabad
Decided on: Aug-29-1957
Reported in: AIR1958All364; 1958CriLJ591
ORDERJ. Sahai, J.1. Jabir Singh has filed this revisionapplication against the order of the learned Sessions Judge of Bulandshahr directing the filing of a complaint against the applicant for his prosecution for perjury.2. The facts giving rise to this revision application are that one Malkhan Singh was prosecuted for an offence punishable under Section 382, I.P.C., and the applicant Jabir Singh was examined in that case as a prosecution witness. In cross-examination he was asked to state whether or not he had been convicted under the Martial Law and sentenced to imprisonment for 18 months having spent that period in Agra Jail. The applicant denied that he was ever convicted and confined in Agra jail. The question was not put apparently with a view to check the credibility of the witness. Malkhan' Singh was acquitted in that case. Thereafter he moved under Section 476, Cr. P. C., the Magistrate who tried him requesting that Court to make a preliminary inquiry and file a complaint for t...
The Rent Control and Eviction Officer, Etah Vs. Asharfi Lal and ors.
Court: Allahabad
Decided on: Aug-28-1957
Reported in: AIR1958All153
Mootham C.J.1. This is an appeal from an order of Mr. Justice Brij Mohan Lall dated the 9th February 1955 directing the issue of a writ of mandamus.2. The facts so far as they are necessary for the disposal of the appeal can be stated very shortly. On the 15th September 1954 certain premises in Kasganj belonging to the third respondent fell vacant and the first respondent applied forthwith to the Rent Control and Eviction Officer that they be allotted to him. This application was made with the approval of the landlord who endorsed his consent thereon. Three days later, on the 18th September, the landlord sent an intimation to the appellant, the Rent Control and Eviction Officer, under Section 7 (1) (a) of the U. P, (Temporary) Control of Rent and Eviction Act, 1947, that the premises had fallen vacant and requesting that they be allotted to the first respondent. No allotment was however then made, and on the 23rd October 1954 the landlord wrote to the appellant pointing out that 30 day...
Abdul Rahman S/O, Alla Bux Vs. State of Uttar Pradesh Through Its Secr ...
Court: Allahabad
Decided on: Aug-28-1957
Reported in: AIR1958All165
ORDERMukerji, J. 1. This is a petition by Haflz Ab-dul Rahman under Article 226 of the Constitution praying for a writ of certiorari to quash an order made by respondent No. 1 and for a writ of mandamus directing the respondents, their agents and employees not to arrest or deport the petitioner to Pakistan.2. The facts giving rise to this petition shortly stated were these:3. The petitioner alleges that he was a citizen of India having been born and bred at Tanda, a place in the District of Faizabud in the State of Uttar Pradesh. The petitioner further alleges that he had been carrying on his family profession of weaving and that he had carried on that profession at Tanda up to the year 1953 when he was 'tempted' to leave India and go to Pakistan to try his luck there.The petitioner alleges that he left India for Pakistan as a temporary measure with no intention of giving up his Indian domicile or with any intention to acquire Pakistani domicile because he had no intentions of permanen...
Sadanand Tiwari Vs. State
Court: Allahabad
Decided on: Aug-27-1957
Reported in: AIR1958All174; 1958CriLJ314
ORDERAsthana, J.1. It appears that an application was made by one Kamla Pandey against the present applicant (Sadanand Tiwari) for the removal of certain encroachments which were alleged to have been made in plots Nos. 39 and 42 which were said to be public path and which adjoined the house of Sadanand Pandey which was in plots Nos. 39 and 41.On this application the Naib Tahsildar was deputed to make measurement. He measured and reported that there was an encroachment in plot No. 39 of 36 Karis by 3 Karis in front of plot No. 40 and 39 by 2 Karis in front of plot No. 41. After this report a preliminary order was passed against Sadanand to remove the obstructions within fifteen days or show cause against it.Sadanand appeared in response to the notice issued to him. His defence was that he had not made the alleged encroachment. The learned Magistrate after hearing both the parties was of the opinion that there was an encroachment in plot No. 40 to the extent of 36 x 3 Karis. He, therefor...
Viqar Ullah Vs. District Magistrate, Bijnor and anr.
Court: Allahabad
Decided on: Aug-27-1957
Reported in: AIR1958All502
ORDERG. Mehrotra, J.1. This is an application under Article 226 of the Constitution praying for the following reliefs :(a) A writ of mandamus commanding the Opposite Parties Nos. 1 and 2 to forbear from interfering with the functions of the petitioner as Chairman on the basis of the impugned notification and order of the District Magistrate. (b) To issue a writ of certiorari or any other appropriate writ, order or direction quashing the Government notification and the order of the District Magistrate. 2. The facts briefly are that the petitioner Sri Viqar Ullah is the Chairman of the Town Area Committee, Sherkot, District Bijnor. He was elected in a bye-election held on 20-8-1955, for the remaining period which expires in October 1957. On 17-9-1956, he received a communication from the District Magistrate, Bijnor, under which certain charges framed against the said Town Area Committee were served upon him and he was asked to forward the explanation of the Town Area Committee along with...
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