Allahabad Court November 1958 Judgments
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Shambhoo Nath Gupta Vs. State
Court: Allahabad
Decided on: Nov-13-1958
Reported in: AIR1959All545; 1959CriLJ1037
ORDERM.C. Desai, J. 1. The applicant has been convicted winder Section 182, I. P. C., for making a false report to the police that a burglary was committed in his shop. The report was investigated by the station officer, who found a small hole in a wall of the shop. He asked a 16 year old lean boy Azimullah to pass through the hole but Azimullah could not succeed. He, therefore, concluded that the hole was too small to let any human being pass through, that consequently no burglary was committed and nothing was stolen from the shop and that the report was false, and made a complaint against the applicant. The only evidence to prove the falsity of the report is that the hole was very small, but the mere fact that Azimullah could not pass through it, does not prove that anybody other than Azimullah also could not. Azimullah has not been proved to be the leanest person in the world and the hole, though not sufficiently large to let him pass through, might be sufficiently large to let some...
Balbhaddar Prasad Vs. Collector, Fatehpur
Court: Allahabad
Decided on: Nov-11-1958
Reported in: AIR1959All739
ORDERS.S. Dhavan, J.1. This is a petition under Article 226 of the Constitution praying for the quashing of an order of the Collector of Fatehpur disapproving of the re-employment of the petitioner as a Tahvildar. The petitioner also asks for an order directing his re-instatement as a Tahvildar. The facts, as alleged in the affidavit supporting the peiition, are these:The petitioner was appointed a Tahvildar by the Government Treasurer, Fatehpur on 14-1-1949. He was involved in an embezzlement case which led to his prosecution. This resulted in the discharge of the petitioner and the termination of his appointment as Tahvildar. Subsequently the learned Magistrate, who tried the criminal case held that the petitioner was not technically guilty of any offence under Section 409 of the Indian Penal Code and discharged him. He, however, observed that the conduct of the petitioner might afford good ground for any departmental action against him.2. After he had been discharged in the criminal...
Pirthwinath Chowdhry Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Nov-08-1958
Reported in: AIR1959All169
Jagdish Sahai, J. 1. The facts giving rise to this petition have been fully given by my brother Gurtu and it is not necessary to narrate them again in this judgment. The questions for determination in this case are as follows :1. Whether or not the petitioner Sri Prithwi Nath Chowdhry was a member of the civil service of the State of Uttar Pradesh or held a civil post under the said State within the meaning of Articles 310 and 311 of the Constitution of India? 2. Whether the termination of the petitioner's services amounts to an order of removal so as to attract the provisions of Article 311 of the Constitution of India? 3. Whether the new Rule 7 of the U. P. State Law Officers' Rules 1942, is prospective or retrospective in its application and whether the petitioner could be retired from service before completing full three years of service after his reappointment? 4. Whether a writ can be issued in the circumstances of the present case? 2. Admittedly the petitioner was appointed as a...
Ashwani Kumar and ors. Vs. Smt. Moti Kumari and ors.
Court: Allahabad
Decided on: Nov-04-1958
Reported in: AIR1959All516
Roy, J.1. This appeal is by the plaintiffs against an order dated 16-10-1953, by which their suit No. 140 of 1949 had been dismissed with costs. The allegations on which the suit had been founded were rather of an unusual nature but we are not concerned with the merits or demerits of those allegations. The suit was in forma pauperis filed by three brothers and it was valued in the sum of Rs. 90,201/8/-. After the settlement of issues the suit was fixed for final hearing on 3-12-1951. Witnesses had not been summoned by the plaintiffs till 1-12-1951. On 1-12-1951, the plaintiffs applied to the court for dasti summons to be given to them for summoning of seven witnesses. That request was granted, and the summonses were given to them 'on their own risk and peril'.There is nothing on the record to show whether the witnesses were served upon and whether they were in attendance on 3-12-1951. The case could not be taken up on that date. Ultimately the date for final hearing was fixed for 7-8-1...
Mukhtar Singh Vs. State and ors.
Court: Allahabad
Decided on: Nov-03-1958
Reported in: AIR1959All569; (1959)ILLJ464All
ORDERJ. Sahai, J.1. The petitioner was originally recruited as a constable in the U. P. police force but was later on promoted to be a head-constable after having completed the necessary training. In February 1955 he was posted in Shahjahanpur and on the 17th of that month he received an order of suspension. The suspension order was communicated to him telcphonically by the Kotwal, Shahja-hanpur. On the 7th of April 1955 a charge sheet was served upon him. He submitted his reply to the charges on or about the 17th of April 1955. The petitioner was departmentally tried under Section 7 of the Indian Police Act. Sri R. D. Pandey, Superintendent of Police, Shahjahanpur., recorded findings-against the petitioner, the concluding portion of which runs as follows :--'In view of the seriousness of the charge and the fact that it has been proved beyond any shadow of doubt and the bad record of service and the fact that all sorts of punishments have had no effect on the party charged to reform hi...
Bhagwati Prasad Misra and anr. Vs. U.P. Government and ors.
Court: Allahabad
Decided on: Nov-03-1958
Reported in: AIR1959All589
ORDERJ. Sahai, J. 1. The petitioner No. 1 Sri Bhagwati Prasad Misra is a member of the District Board of Basti (hereinafter referred to as the Board) and the petitioner No. 2 is a taxpayer of the said Board. The Board invited applications from persons qualified to be appointed as Secretary of the said Board by putting an advertisement in the issue of the Amrita Bazar Patrika of 26-10-1955. The last date for receiving the applications was 10-11-1955. According to the allegations in the affidavit filed in support of the petition the respondent No. 4 along with 58 others applied for the said post. It is the petitioner's case that the respondent No. 4 Sri Mrigendra Nath Srivastva was not qualified for the said appointment, firstly, because he is the son-in-law of one Sri Kripa Shankar, Parliamentary Secretary to the Chief Minister of U. P., and who was on 10-11-1955 a member of the Board and, secondly, because he (the respondent No. 4) did not file the required medical certificate as also ...
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