Allahabad Court February 1958 Judgments
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Girdhar Gopal Vs. Shri Farid Alam Chisti and ors.
Court: Allahabad
Decided on: Feb-28-1958
Reported in: AIR1958All593
V. Bhargava, J. 1. Girdhar Gopal has filed this petition under Article 226 of the Constitution praying for the issue of a writ of certiorari quashing a decision of the Election Tribunal dated 9th September, 1957 by which an election petition, filed by the present petitioner under the Representation of the People Act, 1951, as amended up to dale, was dismissed by the Election Tribunal under Section 90 (3) of the Representation of the People Act.2. When the petitioner presented the election petition to the Election Commission, the petition was accompanied by a treasury receipt showing that a deposit of Rs. 1,000/- had been made by the petitioner in the treasury. The head of account in which the amount was deposited was'Central (Civil) SectionP--Deposits not bearing interest (c)--Other deposit Accounts, Other Deposits (Civil) --Deposits for election petitions-'In the column for the name and address on whose behalf the money was paid the entry was of the name of Girdhar Gopal with the furt...
Bishnath Sahu Vs. Prayag DIn and anr.
Court: Allahabad
Decided on: Feb-26-1958
Reported in: AIR1958All820
D.N. Roy, J. 1. The facts of the case, which have given rise to this reference may be briefly stated. Prayag Din obtained a money decree No. 491 of 1946 against Ram Achal from the Court of the Munsif Banaras. Ram Achal appealed to the District Judge and prayed for the stay of execution of the decree. The learned Judge ordered the stay of execution provided the appellant furnished security in the sum of Rs. 1750/-. Bishwanath Sahu stood surety and gave security of his house mentioned in the security bond dated 16th of Januury, 1949. The appeal was dismissed. In execution of the decree the decree-holder prayed that the decretal amount be realised by the sale of the house given in security. Bishwanath Sahu objected, inter alia, on the ground that the security bond not being registered was invalid and unenforceable. The learned Munsif accepted that contention of Bishwanath Sahu and rejected the prayer of the decree-holder to the effect that the decretal amount be realised by sale of the ho...
Capt. S.V. Daniels Vs. Gregory Warden Friendly Trust
Court: Allahabad
Decided on: Feb-21-1958
Reported in: AIR1959All579
ORDERA.P. Srivastava, J. 1. This is a defendant's application in revision. The plaintiff is a trust known as The Gregory Warden Friendly Trust. There are two trustees of the trust: Mr. V. J. Seetal and Mr. P. Samual Lal. The suit was filed by the trust through one of the trustees only, viz. Mr. V. J. Seetal. A plea was raised that the suit was defective inasmuch as the other trustee had not been impleaded. An application was thereupon made by the plaintiff that the other trustee. Sri P. Samual Lal, be also allowed to be impleaded as a plaintiff.An application with a similar prayer was made by Mr. P. Samual Lal himself. Both these applications have been allowed by the learned Munsif and the defendant has come up in revision against that order. It is contended on his behalf that the suit having been filed through one of the trustees only, was not only defective but was no suit at all and the learned Munsif had no jurisdiction to entertain it. That being so he had no jurisdiction to order...
Satya NaraIn and ors. Vs. Jugul Kishore and ors.
Court: Allahabad
Decided on: Feb-20-1958
Reported in: AIR1958All512
D.N. Roy, J. 1. On an application made by Satya Narain, Swami Dayal, Brahma Narain, Bishun Narain & Mahesh Narain against Jugul Kishore, Bishwa Nath, Nawai Kishore and Kishun Narain minor under the guardianship of his mother Smt. Kamla Devi under Sections 14 and 17 of the Arbitration Act (No. X of 1940) requiring an award to be filed and to pronounce judgment and decree in terms of the award, the Court below rejected the application and refused to grant the prayers aforesaid by an order dated the 5th of July, 1954. Aggrieved by that order the applicants have preferred this appeal under Section 39 of the Arbitration Act. 2. The parties are descended from one Mukand Ram who had three sons Khunno Lal, Munnoo Lal and Munai Lall all of whom are dead. Jugul Kishore, Bishwa Nath and Nawal Kishore are the sons of Khunnoo Lal. They had another brother by name Kailash Narain who died leaving him surviving his widow Smt. Kamla Devi and his minor son Kishun Narain. Satya Narain applicant is the so...
Bheem Thakur Vs. District Board, Ballia and anr.
Court: Allahabad
Decided on: Feb-19-1958
Reported in: AIR1958All464
ORDERV.G. Oak, J. 1. This petition under Article 226 of the Constitution is directed against coercive measures, which are being taken against the petitioner in order to realise certain dues from him.2. According to the petitioner's affidavit, five public ferries play on river Ganga between districts Ballia & Shahabad. These public ferries are under the management of District Board, Ballia, which is opposite party No. (1) in this writ petition. The tolls of these ferries were put to auction. The highest bid in the auction was by the petitioner. The tolls were knocked down in favour of the petitioner for a sum of Rs. 50,100. The petitioner acquired the right to ply the ferries for a period of one year from 1-10-1956 to 30-9-1957. A quarter of the auction money was to be paid down by the petitioner forthwith. The balance of the lease money was payable in monthly instalments during the course of the year of the lease. The petitioner entered into possession of the ferries with effect from 1...
Balram Das Agarwal Vs. Kedar Nath
Court: Allahabad
Decided on: Feb-19-1958
Reported in: AIR1958All659
N.U. Beg, J. 1. This is a revision application directed against an order of Sri A.S. Srivastava, Civil Judge, Gorakhpur impounding a document under Section 33 of Stamp Act.2. The applicant was the defendant in a case pending before the said Court. In that case the applicant filed a document. The Inspector of Stamps made a report that the document was insufficiently stamped, as the document embodied an agreement of partnership. This matter was contested by the applicant; and it was argued before the Court on behalf of the applicant that the document was not an agreement of partnership, but that it was merely a record of a past transaction of partnership, which was termed on his behalf as a memorandum of partnership.The Court went into the arguments of the parties, and decided in favour of the contention advanced on behalf of the Inspector of Stamps. In the alternative, it was argued on behalf of the defendant that the Court could not impound it under Section 33 of the Stamp Act, as the ...
Ram Bahadur Thakur Vs. Thakur Das and ors.
Court: Allahabad
Decided on: Feb-18-1958
Reported in: AIR1958All522
D.N. Roy, J.1. These are two cross appeals the one by the plaintiff and the other by the defendants, under Section 39 of the Indian Arbitration Act of 1940, arising out of an order dated 13-9-1955, passed by the First Civil Judge of Kanpur on an application under Section 34 of the Indian Arbitration Act. The order is to the following effect :'The defendants' application under Section 34 of the Indian Arbitration Act is allowed. The present suit is ordered to be stayed so that the parties may get their dispute settled through arbitration in pursuance of and in accordance with the provisions of the arbitration clause contained in the standard contract form of Messrs. Begg Sutherland and Co. Ltd., Kanpur, a copy of which form is on the file of this Suit as Ex. 1. The plaintiff firm will get its full cost of this suit from the defendants.'2. In the present appeal the plaintiff has contended that the order of stay was wrong and Section 34 of the Arbitration Act was not properly applied to t...
Ram Abhilakh Tewari Vs. the Election Tribunal, Gonda and ors.
Court: Allahabad
Decided on: Feb-18-1958
Reported in: AIR1958All663
V. Bhargava, J. 1. Ram Abhilakh Tewari has filed this petition under Article 228 of the Constitution praying for the issue of a writ of certiorari quashing the orders of the Election Tribunal, Gonda, dated 28-10-1957, 28-11-1957 and 6-12-1957 passed during the trial of an election petition. The present petitioner Ram Abhilakh Tewari was declared as the returned candidate on 18-3-1957. Opposite-party No. 2 Naurang Singh presented an election, petition to the Election Commission on 1-5-1957- The Commission referred the petition for trial to the Election Tribunal at Gonda fixing 15-7-1957 as the date for parties, to appear before the Tribunal. Certain proceedings were taken by the Tribunal on the election petition and then on 8-10-57 an application, for amendment of the election petition was presented by opposite-party No. 2 who was the election petitioner. By this amendment application the pleadings in paragraph 4(D) of the petition were sought to be amended. On this amendment applicatio...
Firm Bangali Mal Satish Chandra JaIn Vs. Sales Tax Officer, Agra
Court: Allahabad
Decided on: Feb-14-1958
Reported in: AIR1958All478; [1958]9STC492(All)
O.H. Mootham, C.J. 1. In this petition under Article 226 of the Constitution the petitioner challenges the validity of an assessment order dated 21-9-1957, made under the U. P. Sales Tax Act, 1943, (hereinafter called the Principal Act), and of a notice of demand which is undated but which it is common ground was issued on 22-9-1957. 2. The petitioner is a firm which carries on business in Agra in Cloth, supplies of which it obtains from places both within and outside the Uttar Pradesh. It is a registered dealer under Section 8A of the Act The tax purports to be levied I under a Notification No. ST/905x, dated 31-3-1956, and it is the validity of that notification which is the principal question which arises in this case. This notification was held to be invalid by this Court in Adarsh Bhandar v. Sales Tax Officer, Aligarh : AIR1957All475 , but it is the case of the respondents that subsequent to the judgment in that case the notification has been validated by the U. P. Sales Tax (Amen...
Malik Mohammad Jalil and ors. Vs. the Asstt. Custodian (Judicial) and ...
Court: Allahabad
Decided on: Feb-14-1958
Reported in: AIR1958All679
N.U. Beg, J. 1. This is a writ petition under Article 226 of the Constitution of India. It has been filed by three persons, namely, (1) Sri Malik Mohammad Jalil, (2) Sri Zamirul Husain, and, (3) Sri Shabbir Husain. The opposite parties in this petition are :-- (1) The Assistant Custodian (Judicial) Azamgarh, and (2) The Assistant Custodian, Azamgarh. The petition relates to certain properties in respect of which proceedings under the Administration of Evacuee Property Act (Act No. XXXI of 1950) have been taken by the Assistant Custodian (Judicial) Azamgarh.In this writ petition the prayer is for the issue of a writ of prohibition directing the opposite party No. 1, that is, the Assistant Custodian (Judicial) not to proceed further with case No. 216 of 1955 consolidated with case No. 235 of 1955 against the petitioners pending before him under Section 7 of the Administration of Evacuee Property Act. This writ petition arises under the following circumstances.2. One Smt. Shugara Bibi, wh...
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