Allahabad Court October 1958 Judgments
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Sayeed Ullah Khan Vs. the Temporary Civil Judge of Sultanpur and ors.
Court: Allahabad
Decided on: Oct-26-1958
Reported in: AIR1959All330
ORDERJagdish Sahai, J.1. The petitioners and respondents Nos. 3 to 7 are tenure-holders in village Sidhyawan in the district of Sultanpur, where consolidation of holdings proceedings are going on. There was a dispute between them over proprietary rights of some plots which was referred to the Civil Judge, Sultanpur, for being referred to the arbitrator under the provisions of Section 12 of the U. P. Consolidation of Holdings Act.The Arbitrator decided against the petitioners. They filed objections before the learned Civil Judge. Sultanpur, and prayed for the award of the arbitrator being set aside. The objections were dismissed by the learned Civil Judge on 23-7-58. Thereafter the present writ petition has been filed in this court. I am not inclined to issue notice in this case because I am of the opinion that the petitioner has got an alternative remedy of filing an appeal under Section 39 of the Arbitration Act. Section 39 of the Arbitration Act runs as follows :'39. (1) An appeal sh...
Sheo Prasad Vs. State
Court: Allahabad
Decided on: Oct-17-1958
Reported in: AIR1959All378; 1959CriLJ683
V.D. Bhargava, J.1. This is an application in revision which has come to this Court on being referred to a Bench by a learned Single Judge as there was an important question of law involved in the case.2. The applicant had applied for a licence for a gun to the District Magistrate of Agra. That application was sent to the Tahsildar for a report. He reported that the applicant was not a fit person for being granted the licence. The applicant again applied to the District Magistrate giving a list of the properties of his and saying that the report given by the Tahsildar was incorrect.That was again sent to the Tahsildar for further report. The Tehsildar again reported that the list of the property given by the applicant was not correct and further that he was not a proper person whom a licence should be given. Thereupon the applicant sent a petition to the Chief Minister alleging therein that the Tahsildar and the Kanungo had demanded a sum of Rs. 200/- as bribe for reporting in his favo...
Textile Traders Syndicate Ltd. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-16-1958
Reported in: AIR1959All337; 1959CriLJ668
ORDERA.P. Srivastava, J.1. This is an application under Section 561 A of the Code of Criminal Procedure, The allegations with which it has been made are that the applicant is a public limited company which carries on the business of sugar factory in the name of New Saraswati Sugar Mills in Saraswati-nagar, thana Jahangirabad, district Bulandshahr. Certain disputes arose between the applicant and Sri Dwarka Singh, a Police Inspector of the Criminal Investigation Department, on account of which, it is the case of the applicant, Sri Dwarka Singh got offended.He therefore submitted a report to the District Magistrate of Bulandshahr and the latter authorised him to investigate into certain offences including the offences of cheating and forgery which were alleged to have been committed by curtain directors of that applicant company. In connection with that investigation an order has been passed by the District Magistrate of Bulandshahr, a copy of which is annexure 'E' to the petition.By tha...
Banarasi Das Kankan Vs. Uttar Pradesh Government and anr.
Court: Allahabad
Decided on: Oct-16-1958
Reported in: AIR1959All393
V.G. Oak, J.1. Sri Banarsi Das Kankan is a retired Civil Judicial Officer. He retired as a District Judge in 1942. He brought this suit against Government in 1944 for various declarations with respect to his service and pension, for the recovery of arrears of his pay, and for damages.2. His case is that, he was appointed to the United Provinces Civil Judicial Service, Agra Branch, in April 1917, and was confirmed as Civil Judge in 1936. He was promoted to the selection grade of Civil Judge in 1936. He was promoted to the selection grade of Civil Judges with effect from the 10th of May, 1940. From 1935 to 1938 he officiated as a Civil and Sessions Judge four times. For the fifth time he was appointed as a Civil and Sessions Judge on 5-12-1938. The appointment continued for over three years. He was confirmed as a Civil and Sessions Judge with effect from the 1st of July, 1941.3. A listed post of District and Sessions Judge in the Indian Civil Service cadre of the United Provinces fell va...
Ram Prasad Ahir and ors. Vs. State
Court: Allahabad
Decided on: Oct-16-1958
Reported in: AIR1959All790; 1959CriLJ1394
V.G. Oak, J. 1. This is an appeal by Ram Prasad and three others, who have been convicted by the learned Additional Sessions Judge of Ballia under Sections 323 and 325, I. P. C. read with Section 34, I.P.C. Each of them has been sentenced to imprisonment for two years and a fine of Rs. 25/- or further imprisonment for one month in default of fine under Section 325/34, I.P.C. Each of them has been sentenced to imprisonment for one year under Section 323/34, I.P.C. The sentences have been ordered to run concurrently. 2. The prosecution case is that. Sheo Muni is a resident of village Qazipur. The four appellants are residents of village Kharid. One afternoon 8 or 10 cows belonging to the appellants were grazing in a sugarcane field belonging to Sheo Muni. Deo Narain conveyed this information to Sheo Muni. Sheo Muni, his cousin Musafir, uncle Parshad, and Sheo Muni's father Parsan rushed to that field. These men drove out the cows from the field, and were taking them towards the cattle po...
Mool Behari Saxena Vs. K.L. Govil, Registrar and Acting Vice-chancello ...
Court: Allahabad
Decided on: Oct-15-1958
Reported in: AIR1959All392
ORDERS.S. Dhavan, J.1. This is a petition under Article 226 of the Constitution impugning the legality of the election of Sri Satchida Nand Misra, a student of the University of Allahabad, to the office of the President of the Allahabad University Union. The petitioner Mool Behari Saxena was one of the rival candidates who contested the election and was a close runner-up to the winning candidate, having obtained 1190 votes as against 1221 of Satchida Nand Misra. The election was challenged on a number of grounds which it is not necessary for me to discuss in view of the statement which has been made on behalf of the petitioner to-day.The foundation of the petition was the allegation contained in paragraph 16 of the petitioner's affidavit that there had been a great irregularity in the counting of votes, due to the fact that the Returning Officer did not take care which he was required to take in the matter of the counting of votes and allowed unauthorised persons to do the counting for...
Hardwari Lal Vs. General Manager, North Eastern Rly., Gorakhpur and an ...
Court: Allahabad
Decided on: Oct-15-1958
Reported in: AIR1959All439
Mootham, C.J. 1. This is an appeal from an order of Mr. Justice Oak dated 28-11-1957 dismissing a petition under Article 226 of the Constitution. The facts relevant for purposes of this appeal are these. On 25-9-1938, the appellant entered into the service of the Rohilkhand and Kumaun Railway as goods clerk and in February 1940 he was confirmed in his appointment. In 1942| the Government of India decided to take over the management of the Rohilkhand-Kumaun Railway (and also that of the B.N.W. Railway) with effect from 1-1-1943, and in October 1942 it made an offer of employment to the non-gazetted staff (which included the appellant) of the two railways. The appellant accepted the offer, and on and from 1-1-1943, he accordingly became an employee of the Central Government.2. In the beginning of 1952 the appellant wag posted as goods,clerk at Izatnagar, and on the 25th of January of that year he was served with a charge sheet alleging misconduct, inefficiency and neglect of duty. On 30-...
inder Gopal and ors. Vs. Bhim Raj Harlalka and ors.
Court: Allahabad
Decided on: Oct-15-1958
Reported in: AIR1959All530
H.P. Asthana, J. 1. This is an appeal against the judgment and decree of the learned Civil Judge, Agra, disallowing the objection of the appellants under Order XXI, Rule 58, C.P.C. and Section 47 C. P. C., that their share in the joint family ancestral property was not liable to attachment and sale in execution of a simple money decree which had been obtained by the respondent against their fathers Madan Gopal Chandrabhan and Jagannath Prasad Chandrabhan. 2. It appears that the decree-holder Messrs. Bhimraj Harlalka filed a Suit No. 3263 of 1947 in the High Court of Judicature at Bombay for the recovery of a certain sum of money on the basis of accounts against Madan Gopal Chandrabhan and Jagannath Prasad Chandrabhan, and Indar Gopal, Vijay Gopal and Raj Gopal sons of Madan Gopal Chandrabhan, and Amar Nath, son, of Jagannath Prasad Chandrabhan. Learned counsel for the plaintiff stated during the pendency of the case after the evidence of the plaintiff's witnesses had been recorded, tha...
Manohar Lal Vs. Rent Control and Eviction Officer, Bareilly
Court: Allahabad
Decided on: Oct-14-1958
Reported in: AIR1959All388
ORDERJ.K. Tandon, J.1. House No. 127-A(3) situate at Civil Lines Bareilly was admittedly evacuee properly vested in the Custodian. The same was sold in October/November 1956 by public auction under Section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and one Vidhya Bhushan Chaudhry was declared the auction-purchaser. Although the auction took place about two years ago, the sale certificate in respect thereof has not! been issued so far in favour of Vidhya Bhushan Chaudhry.This is the definite allegation of the petitioner and the Rent Controller, Bareilly, respondent, has not controverted it. According to the report of the house inspector dated 25th May 1957, Annexure B, no sale certificate in respect of this property in favour of Vidhya Bhushan Chaudhary had been made till then. For the purposes of this case we may, therefore, take it that a sale certificate has not been made in favour of the auction-purchaser as yet.After the auction Vidhya Bhushan took poss...
Faqeer Ahmed and ors. Vs. State
Court: Allahabad
Decided on: Oct-14-1958
Reported in: AIR1959All514; 1959CriLJ938
ORDERM.C. Desai, J.1. Shyam Lal opposite party filed a complaint under Section 379 I.P.C., against the applicants Faqir Ahmad etc. It was dismissed by the trial court which discharged the applicants. Shyam Lal applied to the Additional District Magistrate for revision of the order of discharge and the Additional District Magistrate allowing the application set aside the order of discharge and directed further inquiry. The applicants moved the Sessions Judge to revise the order of the Additional District Magistrate on the ground that it was improper and the learned Sessions Judge has made this reference for its being set aside. His jurisdiction to entertain the applicants' revision implication was challenged as barred by Section 435 (4) Cr. P.C., he took the view that the provision only forbade his entertaining another application against the orderof the trial court but did not forbid his entertaining an application against the revision order of the Additional District Magistrate. He re...
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