Allahabad Court September 1957 Judgments
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State Vs. Har Prasad Sharma
Court: Allahabad
Decided on: Sep-27-1957
Reported in: AIR1958All334; 1958CriLJ586
Randhir Singh, J.1. This is an appeal on behalf of the State against the acquittal of one Har Prasad Sharma, who was prosecuted under Section 161, I. P. C. and section 5 (2) of Act II of 1947,2. It appears that the accused-respondent was station master at Sikandarpur in June 1953 and earlier. Vendors of milk and other milk products carry milk from places in the vicinity of Delhi to Delhi by train and they obtain monthly tickets for travelling by train. One Puran Lal, who was a milk vendor, also used to go to Delhi daily with his milk products and for this purpose he used to obtain monthly tickets for the journey to Delhi and back.3. Towards the end of May 1953, it was alleged on behalf of the prosecution, Puran Lal was travelling along with other milk vendors in a compartment and they were discussing about the payment of Rs. 5/- per mensem to the station master, who used to charge the sum in excess of the sum due, as illegal gratification. This conversation was overheard by L. S. Sharm...
Hashmat HusaIn Vs. Saghir Ahmad and ors.
Court: Allahabad
Decided on: Sep-27-1957
Reported in: AIR1958All847
R. Dayal, J. 1. This is a special appeal by a plaintiff against an order of a learned Single Judge allowing the second appeal of the defendants and dismissing his suit for ejectment.2. One Abdul Hameed owned the three shops and hall in suit. On his death Saghir Ahmad and Fazal Ahmad took them on rent from his heirs. They executed a Qabuliyat in their favour. Hashmat Husain, the plaintiff, purchased these shops and hall along with another house from the heirs of Abdul Hameed on 7-8-1941, informed the two tenants about it and subsequently included a portion of the hall with their consent in his house and reduced the monthly rent. He filed a suit for recovery of rent against Fazal Ahmad and Saghir Ahmad--Suit No. 591 of 1943. They contested the suit and alleged in the written statement that one Fayyaz Alam was also a co-sharer in the proprietary right as his father Shaukat Husain was the co-owner of Abdul Hameed in respect of the shops and hall in dispute and that the plaintiff had purcha...
J.K. Jute Mills Co. Ltd. Vs. Firm Birdhichand Sumermal
Court: Allahabad
Decided on: Sep-25-1957
Reported in: AIR1958All176
Beg, J.1. This is a civil revision application arising out of an application given under Order 21, Rule 50 (2), C. P. C., on behalf of J. K. Jute Mills Company Limited.2. The facts giving rise to this application may be briefly stated as follows :--There was a contract between J. K. Jute Mills Company Limited as sellers and Messrs. Bridhi Chand Sumermal (hereinafter called the firm) as purchasers. Clause 25 of the said contract provided for settlement of disputes between the parties to the said contract by arbitration. The authority nominated to give the award was the Merchants Chamber of Commerce, Kanpur. The firm Bridhi Chand Sumermal consisted of only two members as partners: one of them was Seth Tikam Chand, and the other was Seth Gambhir Mal Pandiya. The above contract between J. K. Jute Mills Company Limited and the firm was signed by only one of the partners, namely, Seth Tikam Chand.A dispute between the parties to the contract having arisen, it was, according to the terms of t...
Gharabharan Vs. Sri Radha Kishan and ors.
Court: Allahabad
Decided on: Sep-25-1957
Reported in: AIR1958All313
N.U. Beg, J.1. These are two connected appeals (F. A. No. 499 of 1952 and F. A. No. 40 of 1953) arising outof a suit for recovery of money. The suit was filed by one Radha Krishna. Defendant No. 1 in the suit was firm Suraj Mal Ganesh Das. Defendants Nos. 2 and 3 in the suit were Gharbharan Prasad & Seth Genesh Das, partners of the Firm Suraj Mal Ganesh Das Defendant No. 1.2. The case of the plaintiff was that defendant No. 2 Gharbharan Prasad was the Managing partner of the firm styled as Firm Suraj Mal Ganesh Das, and in the course of the management of the said Firm, he borrowed monies from the plaintiff at various times for the purposes of the Firm. He had taken a loan of Rs. 10,000/- on the 17th July, 1945, of Rs. 3,000/- on the 7th August, 1945, of Rs. 2000/- on the 13th August, 1945 and of Rs. 5,000/- on the 26th of September, 1945.Thus the plaintiff had advanced a total amount of Rs. 20,000/- as loan to the Firm of which defendants Nos. 2 and 3 were the partners. Defendants Nos....
B. Hanuman Prasad and ors. Vs. Mst. Indrawati and ors.
Court: Allahabad
Decided on: Sep-25-1957
Reported in: AIR1958All304
Desai, J.1. This is an appeal by the defendants from a decree passed by a Civil Judge, Mathura for a declaration that an alienation made by Srimati Bhagwati in favour of the defendants-appellants was 'void beyond the life time of Mst Bhagwati and does not bind the reversioners, who would be entitled after the death of Mst. Bhagwati, to possession over the assets of Babu Kalyan Singh'. The last male owner of the property in dispute, Kalyan Singh, died in 1918 leaving his widow Srimati Bhagwati, who inherited his property as a Hindu widow, his mother Srimati Hardeyi and two daughters Srimati Indrawati, plaintiff-respondent, and Srimati Radha Rani, pro forma defendant-respondent.On the death of Kalyan Singh there were disputes and criminal cases between the claimants to his property and on 10-10-1919 Bhagwati executed a deed of iqrarnama to settle them. The plaintiff contended that the deed of iqrarnama was tantamount to a deed of transfer in favour of the defendants-appellants and was no...
Vasu Deo Ojha and ors. Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Sep-25-1957
Reported in: AIR1958All578; 1958CriLJ988
J.K. Tondon, J. 1. This petition, which is under Article 226 of the Constitution and also under Section 491, Criminal Procedure Code, has asked a writ of habeas corpus against the opposite parties, who are the State of Uttar Pradesh, the Collector of Mathura, Senior Superintendent of Police Mathura and Superintendent, District Jail, Mathura, in connection with their contention in Mathura jail. The facts giving rise to it are briefly these:A scheme for the consolidation of holdings has been started in Mathura Tehsil under the provisions of the U. P. Consolidation of Holdings Act, 1954. A certain section of the public does not seem to be favourably disposed of towards the working of the scheme. Accordingly some of the supporters of that view announced on 8-7-1957 a public meeting to be held at two O'clock that afternoon.The purpose of the meeting was to invite the attention of the authorities and the Government to certain hardships which the petitioners alleged were being caused to the k...
Dr. Mrs. I.S. Bose Vs. Mrs. H.N. Judah
Court: Allahabad
Decided on: Sep-25-1957
Reported in: AIR1958All672
Randhir Singh, J. 1. This is an application for amendment of a decree under Section 152 of the Code of Civil Procedure. It appears that the applicant in the present case filed an application under Section 363 of the Indian Succession Act, for revocation of the letters of administration. This application was contested & ultimately an appeal was filed against the judgment of the Civil Judge, Mohanlalganj, in this Court. This was treated as a first civil appeal against a decree and costs were taxed in accordance with the Rules of the Court. 2. Objection has now been taken that the proceedings in this appeal were only in the nature of an appeal from an order and as such costs should not have been taxed on the scale provided for taxation of costs in first appeals from decrees. The Stamp Reporter has referred to a Division Bench decision of this Court reported in Miss Eva Mountstephens v. Mr. Hunter Garnett, ILR 35 All 448 (A) in which a similar question arose and it was held that the procee...
Satya Vir Vs. State
Court: Allahabad
Decided on: Sep-25-1957
Reported in: AIR1958All746
R.K. Chowdhry, J.1. Two men, Manno Kumar and Himmat Singh, were shot at, the former fatally and the latter to receive grievous injury, at noon on September 10, 1955, at the junction of the road from Rangsaz Mohalla and the one running between the Rajwan Bazar and the Saddar Bazar Police Station in the city of Meerut. One Jai Prakash, also shortly described as Jai, is said to have fired the shots from a revolver.On a charge of the offences having been committed in furtherance of an intention shared by him with the principal offender, the appellant Satyavir, aged 24 years, resident of Mohalla Durga Bari within the said police station, has been convicted by the learned Sessions Judge of Meerut under Sections 302 and 325, read with Section 34, I. P. C., and sentenced to death under the first count and to rigorous imprisonment for 3 years under the second. Satyavir has appealed from that judgment and order, and the proceedings are also before us under Section 374, Cr. P. Code, for confirmat...
Maqbul Alam and ors. Vs. Jawwad HusaIn and ors.
Court: Allahabad
Decided on: Sep-24-1957
Reported in: AIR1959All625
ORDERV.D. Bhargava, J. 1. This is a defendant's application in revision arising out of an appeal which was pending in the lower appellate court. 2. Smt. Kasim-un-nissa, appellant No. 5, died. Abul Hasan, respondent No. 4 in the appeal, also died. So far as appellant No. 5 was concerned, her heirs were on the record and there was no difficulty about it. So far as Abul Hasan was concerned, his heirs were not on the record. He had died somewhere in 1947 and the application for substitution was made on 18-2-1952. An application under Section 3 of the Limitation Act was also filed with the allegation that the appellant did not know of the death of Abul Hasan and, therefore, benefit should be given of Section 5 of the Limitation Act. The learned Civil Judge held that it was not necessary for the appellant to prove that he had no knowledge because the proceedings had been stayedin the case since 1946 and remained stayed till the date of the presentation of the application for substitution. An...
Sales Tax Officer and anr. Vs. Jagat Behari Tandon
Court: Allahabad
Decided on: Sep-20-1957
Reported in: AIR1958All322
ORDER1. This is an application for leave to appeal to the Supreme Court from a judgment of this Court dated the 30th November, 1956.2. By that order the Court directed the issue of a writ quashing the order of assessment dated respectively the 19th July, 1952, and the 17th March, 1953, made upon the respondent under the U. P. Sales-tax Act, 1948. The Sales-tax authorities now ask for leave to appeal from that order to the Supreme Court 3. We do not consider it necessary, for reasons which we shall shortly state, to consider whether this is a fit case in which leave should be granted, or whether the proceedings are civil proceedings within the meaning of Clause (1) of Article 133 of the Constitution. The amount sought to be recovered from the respondent is only Rs. 2,150/-. The application is opposed on the ground, inter alia, that as the amount involved in the appeal is small it would be oppressive if the Court granted leave and involved the respondent firm in the cost of contesting th...
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