Allahabad Court September 1957 Judgments
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Joshi Girjadharji Vs. Rao Sanwal Das, Shahpuri and ors.
Court: Allahabad
Decided on: Sep-12-1957
Reported in: AIR1958All639
B. Mukerji, J.1. These are two connected matters arising out of the same judgment of tile First Additional Civil Judge of Banaras.2. A suit was filed by the wife and two sons of a judgment-debtor for a declaration that a certain property was not saleable in execution of the decree obtained against the judgment-debtor. During the pendency of the suit an application was made for an injunction restraining the decree-holder from proceeding with the sale of the property. A share in the property -- the share of the judgment-debtor alone -- was, however, sold and purchased by the decree-holder on 18-2-1954.3. The respondents applied to the court which had issued the injunction to take action against the decree-holder for having disobeyed the injunction by putting the property to sale and purchasing it himself. The court below found that there had been a disobedience of the injunction which had been granted on 30-9-1953. The court, therefore, directed that the sale, which had taken place in de...
Brijpal Das Vs. Banaras Municipal Board and ors.
Court: Allahabad
Decided on: Sep-11-1957
Reported in: AIR1958All211
ORDERMehrotra, J.1. Premises No. S. 20/54 Mall Road Banaras which is popularly known as Clark's Hotel Building is a dedicated property and is managed by the trustees who are Maharaja P. M. Tagore, Jimut Prakash Ganguli, Shri Sudhir Kumar Basu, and Shri S. K. Das Gupta. Under instrument dated 5th April 1952 the said premises were leased out to the petitioner and his brothers for a period of 20 years at a monthly rent of Rs. 583/5/4 and there is a clause in the lease under which it is renewable for a further period of 20 years. The petitioner and his brothers, the lessees are carrying on hotel business in the said premises under the name and style of Clark's Hotel.The last assessment of taxes in the Municipal Board of Banaras was made in the year 1951 and the premises were assessed on an annual rental of Rs. 7,500/-. The Municipal Board, Banaras came under the control and management of the Administrator. On the 19th August 1954 a notice was issued by the Banaras Municipal Board through I...
Tahsildar Singh Vs. State
Court: Allahabad
Decided on: Sep-11-1957
Reported in: AIR1958All214; 1958CriLJ324
Mukerji, J. 1. This is an appeal by Tahsildar Singh, aged about 39 years, resident of Khera Rathore, Police Station Bah, District Agra, against his conviction by the learned Additional Sessions Judge of Etawah. The trial was conducted by the learned Additional Sessions Judge as a Special Judge appointed to conduct certain trials which were referred to him by the State Government under a notification. The trial was held in jail because of reasons of security.2. The incident in respect of which the appellant has been convicted took place as far back as 4-7-1940 in village Khera Rathore which is said to be the village of residence of the appellant.3. The incident led to the death of two persons Sohanpal Singh and Ratan Singh, and in that incident, according to the prosecution case, an attempt was also made on the lives of Ram Chandra Singh and one Prahlad Singh. The appellant was also alleged to have been a member of an unlawful assembly, the common object of which assembly was to commit ...
Dominion of India Vs. Mathura Prasad
Court: Allahabad
Decided on: Sep-10-1957
Reported in: AIR1958All148
ORDERSahai, J. 1. Both these revisions may be conveniently disposed of by one judgment, as the points involved are common to both of them though the facts are different. Two suits were filed in which the plaintiffs claimed certain sums of money as unpaid value of value Payable Parcels sent by them to different persons through the defendant.(2. In Small Cause Court Suit No. 31 of 1930 out of which Civil Revision No. 363 of 195] has arisen, the plaintiff Mamma Prasad claimed Rs. 76-12-0 as unpaid value of four Value Payable Parcels alleged to have been sent by him to different persons through the defendant. The details of the above Value Payable Parcels arc as follows:--1. V.P.P. No. 1514 for Rs. 15-2-0 sent on 1-3-47. 2. VPP No. 1739 for Rs. 13-3-0 sent on 10-1-48. 3. V.P.P. No. 149 for Rs. 33-6-0 sent on 21-2-49. 4. V.P.P. No. 278 for Rs. 15-1-0 sent on 15-2-47.3. The suit was contested, inter alia, on the ground that the value payable in respect of the Value Payable Parcels Nos. 278...
imperial Tobacco Co. of India Ltd., Saharanpur Vs. Ishwar Das and anr.
Court: Allahabad
Decided on: Sep-09-1957
Reported in: AIR1958All317
O.H. Mootham, C.J. 1. This is an appeal from the order of a learned Judge dated 12-4-1955 quashing an order of the Labour Appellate Tribunal dated 11-7-1953.2. The facts are these. The appellant is a limited company which has a cigarette factory at Saharanpur. The first respondent entered the employment of the appellant Company in the year 1948, and in 1950 he was appointed a Supervisor of the Company's Canteen. On the 23-2-1953, he was Placed under suspension and was charged with certain acts of dishonesty in connection with the Company's property and with having disobeyed a lawful and reasonable order. On 27-2-1953, he was served with an order dismissing him from the appellant Company's service, the order being subject to the granting of permission by the Labour Appellate Tribunal.At that time the appellant Company was of opinion that the permission of the Labour Appellate Tribunal was required under Section 22 of the Industrial Disputes (Appellate Tribunal) Act, 1950, (hereinafter c...
Mubarak Mazdoor Vs. K.K. Banerji and anr.
Court: Allahabad
Decided on: Sep-09-1957
Reported in: AIR1958All858
O.H. Mootham, C.J. 1. This is a petition under Article 226 of the Constitution in which the petitioner challenges the validity of an order made by an Election Tribunal sitting at Allahabad dated 27-7-1957. 2. At the last general election the petitioner and the second respondent, together with certain other persons, were candidates for election to the Lok Sabha from the Allahabad Parliamentary Constituency. On 13-3-1957, the second respondent was declared duly elected, and on 27-4-1957 the petitioner filed an election petition challenging the validity of the election of the second respondent on a number of grounds. The petition was presented to the Election Commission which under Section 86 of the Representation of the People Act (hereinafter called the Act) referred the petition to an Election Tribunal at Allahabad and informed the parties that the petition would be heard on 22-7-1957. On that date the parties appeared before the Tribunal, which is the first respondent, and a prelimina...
Lachman Prasad Ram Prasad and ors. Vs. Superintendent, Government Harn ...
Court: Allahabad
Decided on: Sep-06-1957
Reported in: AIR1958All345
ORDERG. Mehrotra, J. 1. This is a petition on behalf of 15 employees of the Harness and Saddlery Factory Kanpur, under Article 226 of the Constitution for the following reliefs: (i) to issue an appropriate writ, order or direction commanding the respondent to give effect to his order dated 27-12-1948. (ii) to issue an appropriate order or direction commanding the respondent to refrain from giving effect to his order dated 1-3-1956. (iii) to issue an appropriate order or direction to the respondent to refrain from making any deductions from the pay of the petitioners either on account of the order dated 1-3-1956 or on the order of the Controller of Defence Accounts dated 10-7-1956. It should, however, be pointed out that since the filing of this writ petition the respondent has not deducted anything from the pay of the petitioners and consequently the third relief referred to above, is not pressed. 2. Briefly the facts are that the petitioners were employed in the Harness and Saddlery...
Gyanendra Nath Mittal Vs. Damodhar Bhatt
Court: Allahabad
Decided on: Sep-05-1957
Reported in: AIR1958All163; 1958CriLJ312
ORDERRaghubar Dayal, J. 1. This is a revision by Gyanendra Nath Mittal against the dismissal of his complaint under Sections 456 and 504, I. P. C., against Sri Damodar Bhatt, District Medical Officer of Health, Pauri, on the ground that it was not maintainable for want of sanction under Section 197, Cr. P. C. 2. The opposite party was the District Medical Officer of Health at Pauri. Under a notification of the local Government all Medical Officers of Health were appointed ex officio Inspectors for the purpose of inspection of retail shops in their respective jurisdiction. The applicant held a licence for the sale of drugs other than poisonous upto 7-8-1953 when it was cancelled by the opposite party. It is alleged that on 21-8-1953, Dr. Bhatt entered the house of the applicant for the purpose of searching it in spite of the protest of the applicant and abused him during the course of the search. The applicant filed the complaint against Dr. Bhatt with respect to committing the offences...
Raj Singh Vs. Ch. Gajraj Singh
Court: Allahabad
Decided on: Sep-03-1957
Reported in: AIR1958All335
A.P. Srivastava, J. 1. This appeal and cross-objection arise out of a suit to recover damages and to get a permanent injunction issued. 2. The respondent Gajraj Singh resides in the abadi of village Jalalabad and owns a grove situated on plot No. 793 of that village. The grove contains mango, guava, kamrakh and papaya trees and used to yield a profit of about Rs. 1,000 per annum to its owner. The appellant Raj Singh obtained a lease of plot No. 766 of the village and about four years before the institution of the suit which has given rise to this appeal started a bhatta for the construction of bricks an that plot. According to Gajraj Singh, this bhatta is situated at a distance of about! . 200 yards from the grove and about 100 feet from the village abadi where his residential house is situated. The Bhatta had been started in contravention of the bye-laws framed by the District Board in that respect. The smoke from the bhatta adversely affects the plaintiff's grove and causes damage to...
Purushottam Chandra Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Sep-02-1957
Reported in: AIR1959All26
O.H. Mootham, C.J.1. This is an appeal from an order of a learned Judge dated 6-4-1956, dismissing a petition under Article 226 of the Constitution.2. The appellant was elected a member of the Municipal Board of Ghaziabad in October, 1958. In April, 1954, the State Government started proceedings under Section 40 Sub-sections (3) and (4) of the U. P. Municipalities Act, 1916, for the removal of the appellant from the Board. Those sub-sections read thus :'(3) Tha State Government may remove from the board a member who in its opinion has so flagrantly abused in any manner his position as a member of the Board as to render his continuance as a member detrimental to the public interest:(4) Provided that when either the State Government or the Prescribed Authority as the case may be, proposes to take action under the foregoing provisions of this section an opportunity of explanation shall be given to the member concerned, and when such action is taken, the reasons therefor shall be placed on...
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