Allahabad Court September 1957 Judgments
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Smt. Kalawati Devi Vs. Chandra Prakash and ors.
Court: Allahabad
Decided on: Sep-02-1957
Reported in: AIR1959All37
R. Dayal, J.1. (on difference of opinion between B. Mukerji and J. K. Tandon, JJ.) :One Ganga Prasad instituted the suit in 1944 as a pauper. He prayed for permission to sue as pauper. The necessary permission was granted. Issues were framed on the 18th November, 1946. Ganga Prasad died on 39-11-10-10. Smt. Kalawati, his sister applied to be added as a party to the suit as Ganga Prasad's legal representative. She just mentioned in the application that she was also a pauper hut she did not make any formal prayer in the application that she be either allowed to sue as pauper or to continue the suit as a pauper.On the 10th August, 1949 the court ordered that she he added as a party as legal representative of Ganga Prasad. The court then proceeded into an inquiry whether she was a pauper and held on the 17th February, 1950 that she was not a pauper, and therefore she should pay the requisite court-fee.2. Kalawati then filed a revision in this Court contending that she should have been allo...
Ali Hamza Osmany and anr. Vs. Assistant Custodian and anr.
Court: Allahabad
Decided on: Sep-02-1957
Reported in: AIR1958All104
ORDERMehrotra, J.1. This is a petition under Article 226 of the Constitution for a writ of prohibition directing the opposite party No. 1, the Assistant Custodian (Judicial), Azamgarh, from proceeding further with the case No. 1161/220 of 1955. The facts are not disputed in this case.2. The point which has been raised by the learned counsel in this petition is a pure question of law. The applicants are the sons of late Khan Bahadur Mohammad Ali Ausat, who died on the 17tn of January 1952, leaving behind the applicants and one Ali Irtiza Osmany as his three sons and Mst. Shamsunnisa and Mst. Akhtari as his two daughters. Mst. Shamshunnisa is married to one Ali Haider Usmani who migrated to Pakistan in 1949 and is now settled ia the district of Mianwali in West Punjab. Mst. Shamshunnisa left for Mianwali in 1952 and is now living there with her husband.The father of the applicants had considerable landed property in the district of Azamgarh and after the abolition of zamindari in the Sta...
Lallai Ram and anr. Vs. Municipality Allahabad and ors.
Court: Allahabad
Decided on: Sep-02-1957
Reported in: AIR1958All209
ORDERMehrotra, J.1. This is a petition under Article 226 of the Constitution praying that the declaration made by the Municipal Board, Allahabad, by the notification dated 2nd November 1955 published in the local newspapers on 4th November 1955, and that the order of the Administrator dated 1st October 1955 be quashed.2. Briefly the facts necessray for the disposal of the present petition are that there is premies known as Municipal No. 79, Nakhaskoaa Allahabad which is popularly known as Mandi Ali Sajiad Ganj alias Badh ki Mandi situate in Mohalla Nakhaskona. The petitioners claim to be the owner of a major portion of this Mandi. On the 4th July 1955, a notification was issued by the Municipal Board, Allahabad that the Board intended to declare the portion of this Mandi over which the public had a right to pass and which was a street within the meaning of the Municipalities Act, a public street objections were invited and within two months of the date of the notification the petitione...
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