Allahabad Court February 1958 Judgments
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Baljit Singh and anr. Vs. Munnu Lal and ors.
Court: Allahabad
Decided on: Feb-13-1958
Reported in: AIR1959All251
Randhir Singh, J. 1. This is an appeal from an order of remand passed by the Civil Judge, Hardoi. It appears that a suit for recovery of money and for foreclosure was instituted against two persons Nathu Lal and Munnu Lal on the basis of a mortgage deed dated 23-9-1948 -- executed by both of them. A preliminary decree was passed with the consent of the defendants on 7-12-1949 with six months' time for payment.An application for the passing of a final decree for foreclosure was then made on 8-7-1950 and notices were issued to the two judgment-debtors Nathu Lal and Munnu Lal. Nathu Lal was served personally but the summons for Munnu Lal was presumably taken by Nathu Lal, Nobody turned up on the date of the hearing and a final decree for foreclosure was passed on 2-9-1950.2. Munnu Lal made an application on 31-10-1950 for the setting aside of the final decree on the ground that he had no notice of the passing of final decree which was ex parte against him. The application made by Munnu La...
Ram Roop and ors. Vs. Bishwa Nath and ors.
Court: Allahabad
Decided on: Feb-13-1958
Reported in: AIR1958All456
A.P. Srivastava, J. 1. This is an application under Article 227 of the Constitution read with Section 115 of the Code of Civil Procedure.2. On 29th February 1952, the opposite parties filed a suit in the Court of the Munsif of Mirzapur claiming possession over the plots mentioned in the plaint. The allegations with which the opposite parties came were these: The land in dispute was lying parti before 1356F. There were many self-grown trees on it On 26th February 1949, the zamindar of the village granted a patta in respect of the land in favour of the opposite parties and they entered into possession of the same.They themselves planted some trees on the land also. Having deposited ten times the rent they obtained a Bhumidhari Sanad in respect of the land. When they started building constructions on it, the fact was resented by the petitioners who in collusion with the patwari had got the land entered in the papers in their own names. With the object of making the opposite parties give u...
B. Tulsi Pat Ram and anr. Vs. Nayab Singh and ors.
Court: Allahabad
Decided on: Feb-13-1958
Reported in: AIR1958All565
B. Upadhya, J.1. These are decree-holders' appeals arising out of execution proceedings.2. Of tile two decrees which are sought to be executed one was obtained on 29-5-1941 and the other on 26-9-1947. The defendants applied for setting aside these decrees. The applications were dismissed for default. Therefore, some fresh applications were made and the restoration proceedings remained pending till the 20th January 1951, when the restoration applications were finally rejected.3. The decree-holders then applied for execution. One of these applications was made on 1-7-1951 and in respect of the other decree the application for execution was presented on 2-7-1951. The decree-holders prayed for attachments in both these cases. The judgment-debtors filed objections and the main objection, which has now come up for consideration is that the execution applications were barred by time. The executing court upheld the objection and dismissed the applications as barred by time and the decision was...
Smt. Mithan and anr. Vs. Municipal Board Orai and ors.
Court: Allahabad
Decided on: Feb-13-1958
Reported in: AIR1958All603
N.U. Beg, J.1. This is a Writ petition under Article 226 of the Constitution. It has been preferred by two persons, namely, Srimati Nithan and Srimati Jaddan. The two petitioners in this petition, were alleged to be carrying on habitual prostitution in their houses situate in mohalla Surnagar, Chowkhandi in Oral town by collecting all sorts of disorderly persons till late in the night. They were further alleged to be carrying on prostitution in the said premises by allowing some outside females to stay in their houses to the great annoyance, of respectable residents of the said locality. This led the Municipal Board, Orai, to lodge a complaint to the District Magistrate on 31-7-1952.In this complaint a grievance was made of the aforementioned undesirable activities of the two petitioners, and it was prayed that an order under Section 247 of the Municipalities Act be passed against them prohibiting them from using their houses in the aforesaid manner. Thereafter the case was taken up by...
Makhan Lal Marwari Vs. Audh Behari Lal
Court: Allahabad
Decided on: Feb-13-1958
Reported in: AIR1959All586
J.K. Tandon, J.1. This is an appeal under section 30 of the Workmen's Compensation Act, 1923, against an order dated the 1st December, 1953, passed by the Commissioner under that Act and has arisen under the following circumstances:2. The respondent Avadh Bihari Lal claimed that he was a workman and was working as a fitter on the fodder-cutting machine owned and worked by the appellant. He was working at it on 1-1-1953 and cutting fodder when his right arm accidentally slipped into the machine and five fingers were cut off and his right arm was also rendered useless. Admittedly, he was thereafter treated for this injury in the hospital but the fingers were finally lost.On 30-1-1953 Avadh Bihari Lal moved the Labour Commiasioner for awarding the compensation under the Workmen's Compensation Act, 1923, for the aforesaid injury. This application was later sent By the Labour Commissioner to the District Magistrate, Sitapur, on .17-2-1953 for awarding Compensation to Avadh Bihari Lal under ...
Sobh Nath Vs. Ambika Prasad and anr.
Court: Allahabad
Decided on: Feb-12-1958
Reported in: AIR1958All419
R.N. Gurtu, J.1. This is an appeal by defendant No. 1 in the suit, the vendee.2. The plaintiff sought to pre-empt a sale deed executed by Smt. Shyama, defendant No. 2, in favour of Sobhnath, vendee defendant No. 1, on 21-6-1949.3. The suit for pre-emption was resisted upon various grounds.4. The trial court found in favour of the plaintiff on all issues but dismissed the suit on the ground that the talabs had not been duly performed according to Mohammadan law.5. Upon appeal, the court below held that the talabs were duly performed and, having recorded the other findings also in favour of the plaintiff, allowed the appeal preferred before it by the plaintiff, he being directed to deposit Rs. 1,940/- to the credit of defendant No. 1 and Rs. 660/- to the credit of defendant No. 2 within a period of three months from the date of the decree. The court below also ordered that in the event of the deposit being made, the suit would stand decreed with costs throughout and on failure to deposit...
Jagannath Singh Vs. Assistant Excise Commissioner and ors.
Court: Allahabad
Decided on: Feb-12-1958
Reported in: AIR1959All771
ORDERV.G. Oak, J.1. This petition under Article 226 of the Constitution is directed against an order dismissing the petitioner from Government service. Jagannath. Singh is the petitioner.2. According to the petitioner's affidavit, he was posted as an Excise Peon in district Deoria. On 7-5-1950 he was served with a charge-sheet on the ground of misbehaviour towards his- superior officer--the Supervisor. On 24-5-1950 the Assistant Excise Commissioner dismissed the petitioner without following proper procedure. In May, 1952, the petitioner served upon U. P. Government a notice under Section 80, C, P. C. on the ground that the dismissal was unconstitutional. As a result of the notice, the petitioner was reinstated by the Assistant Excise Commissioner by his order dated 5-5-1954.By the same order the petitioner was again suspended. It was further directed that the petitioner would be tried in accordance with Rules 55 and 55-A of the. Civil Services (Classification, Control and Appeal) Rules...
Board of Revenue Vs. Lakshmipat Singhania
Court: Allahabad
Decided on: Feb-11-1958
Reported in: AIR1958All417
O.H. Mootham, C.J.1. This is a reference made by the Board of Revenue as the Chief Controlling Revenue Authority under Section 57 of the Indian Stamp Act.2. Certain share transfer deeds were filed in the court of the Additional District Judge, Kanpur. They were impounded by the learned Judge on the ground that they were not duly stamped and were sent by him to the Collector pursuant to Section 38(2) of the Act. The Collector was of opinion that the sum of Rs. 12,778/6/- was payable as stamp duty on the transfer deeds, and by an order dated the 7th December, 1954, he directed the transferee to pay this amount together with a penalty of Rs. 5/-, and that upon payment being made the deeds be certified as duly stamped. It is not in dispute that the duty together with the penalty has been paid, and that the Collector has, under Section 42(1), certified on the deeds that the proper duty has been levied. The matter subsequently came to the notice of the Board of Revenue which doubted whether ...
Bhagwati Prasad Bajpai Vs. Jai NaraIn Hanuman Das
Court: Allahabad
Decided on: Feb-11-1958
Reported in: AIR1958All425
R.N. Gurtu, J.1. This execution second appeal arises in the following circumstances:Firm Jai Narain Hanuman Das had obtained a decree against firm Hira Lal Bajpai and others on 22-5-1942 in suit No. 147 of 1940 from the court of the Munsif, Kanpur. On 23-11-1942, the decree-holder firm filed an execution application seeking execution of the decree passed in its favour against some money which had been deposited by (sic. in favour of) the judgment-debtor, firm Hira Lal Bajpai and others, in the court of the insolvency Judge, Bara Banki.It appears that firm Hira Lal Bajpai and others, the judgment-debtor, was itself a creditor of Devi Dayal and others. The amount payable by Devi Dayal and others to firm Hira Lal Bajpai and others being outstanding, firm Hira Lal: Bajpai and others made an application, numbered as Insolvency Case No. 31 of 1939, against Devs Dayal and others in the court of the Insolvency Judge, Bara Banki presumably to have them declared insolvents.During the pendency of...
Gaya Prasad Azad Vs. Commissioner Faizabad Division and anr.
Court: Allahabad
Decided on: Feb-11-1958
Reported in: AIR1958All466
ORDERTandon, J. 1. Gaya Prasad who was President of the Notified Area Nawabganj in the district of Gonda was removed from that office by the Commissioner, Faizabad Division on 13-7-1956. This order removing him from the office was served upon him on 11-8-1956. Prior to that on 23-5-56 he was served with a charge-sheet dated 19-5-56 by the District Magistrate asking him to submit his explanation within 15 days on the several charges therein stated. Sri Gaya Prasad submitted his explanation on those charges and his reply in brief was that they were all false and groundless and had been engineered by his enemies. He also suggested that an inquiry might be held on them against him. The petitioner's contention is that in spite of the offer made by him no inquiry into the matters was held nor was he allowed to be present at the inquiry, if any, done by the District Magistrate or to cross-examine the witnesses heard or to produce his own evidence. He is accordingly challenging the order of th...
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