Allahabad Court March 1958 Judgments
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R.R. Chari and anr. Vs. State
Court: Allahabad
Decided on: Mar-17-1958
Reported in: AIR1959All149; 1959CriLJ268
R.K. Chowdhry, J. 1. This is an appeal by Raghava Rajagopala Chad and Debi Chand Vaish, referred to hereinafter as Chad and Vaish, against the judgment and order of Sri Shah Gyas Alam, Additional Sessions Judge of Kanpur, dated 20-11-1953. The appellants have been convicted for offences punishable under Sections 120B, 161 and 467 of the Indian Penal Code and Rule 81(4) of the Defence of India Rules framed under Section 2 of the Defence of India Act, 1939. For offences under the last three countsthey were tried by jury and for that under the first with the aid of assessors. 2. The appellants have been sentenced to 3 years' R. I. each under Section 120B, I. P. C. They have also been sentenced to 2 years' R. I. each under Section 161, I. P. C., plus a fine of Rs. 25,000/- in the case of Chari and of Rs. 5,000/- in the case of Vaish. In default of payment of fine, the defaulter is to suffer, further rigorous imprisonment for 6 months. Vaish has been further sentenced to 2 years' R. I, for ...
Sri Raj Sachdeva Vs. Board of Revenue
Court: Allahabad
Decided on: Mar-17-1958
Reported in: AIR1959All595
Mootham, C.J.1. This is a reference made to this Court by the Chief Controlling Revenue Authority under Section 57 of the Indian Stamp Act.2. The circumstances in which the reference is made are these. Sri Raj Sachdeva was the proprietor of a business carried on under the name of Messrs Globe Travels. A company was incorporated under the Indian Companies Act under the name of Messrs. Globe Travels (Private) Limited of which Sri Rai Sachdeva was the Managing Director. In 1955 an oral agreement appears to have been entered into between Sri Raj Sachdeva as proprietor of Messrs. Globe Travels and the Company whereunder the former agreed to transfer his business to the Company in consideration of the allotment of fully paid shares. An allotment or 720 shares was made to Sri Raj Sachdeva on the 5th April, 1955. Thereafter the Company on 11-1-1956, filed with the Registrar, pursuant to Section 75(2) of the Indian Companies Act, 1956, particulars of the contract in the prescribed form. That fo...
Rameshwar Prasad and ors. Vs. Municipal Board Pilibhit and ors.
Court: Allahabad
Decided on: Mar-17-1958
Reported in: AIR1958All841
ORDERJ. Sahai, J.1. The petitioners Nos. 1 to 3 have been employed by the Municipal Board of Pilibhit as Octroi Moharrirs, while petitioners Nos. 4 to 6 as Assistant Moharrirs in the said Municipal Board. In 1950, it seems, the State Government issued anorder No. 765/IX-I.M. P. 250-1949 fixing minimum educational qualifications for the employees of the municipal boards functioning in this State.The petitioners were working on their posts on 12-7-1956 when the Municipal Board passed a resolution by a majority directing that removal notices be given to the Octroi Moharrirs who did not possess the minimum educational qualification prescribed by the aforesaid order. In pursuance of the said resolution the Executive Officer of the Board issued a notice to the petitioners, which runs as follows:'Please take notice that your service will be terminated with effect from 16-10-1956 as per B. R. No. 9 dated 12-7-1956 as you do not possess the requisite qualifications. Please treat it as three mon...
Lala Kishun Chand Vs. Sheo Dutta
Court: Allahabad
Decided on: Mar-17-1958
Reported in: AIR1958All879
D.N. Roy, J. 1. This is a special appeal by the defendant against a judgment of a learned single Judge of this Court who dismissed a second appeal, affirming the decision of the courts below decreeing the plaintiff's, suit for possession over certain land. The land belongs to the Government and is nazul. The management thereof vested in the Notified Area of the Bindki Board.The land was taken by the defendant initially on 17-1-1922, for a period of 1 1/2 years under an ikrarnama executed by the defendant. Certain rent was reserved and the defendant was granted the right to any on shop business over the land and to make a structure of a transitory character which he was to remove at the time of the expiry of the term. On 13-3-1925, a fresh ikrarnama was executed by the defendant for a term of 41/2 years.That term expired sometime in September, 1929. The defendant was, however, permitted by the Board to continue in occupation of the land as a tenant and rent used to be realised from him....
Durga Prasad Vs. Swami Avidya Nand Guru Swami Hamarata Nand
Court: Allahabad
Decided on: Mar-12-1958
Reported in: AIR1958All574
V.D. Bhargava, J.1. This is an appeal under Section 6A of the Court-fees Act.2. The plaintiff brought a suit for recovery of the price of stone ballast supplied to the defendant. The defendant in the written statement alleged that the plaintiff failed to supply the stone ballast and, therefore, he suffered a loss of Rs. 13,459/3/-. He, therefore, claimed a set off. The court demanded court-fee on this set-off. The defendant objected to it. After hearing the parties the Civil Judge has asked the defendant to pay ad valorem court fee on Rs. 13,459/-. Against that order this appeal has been filed.3. It had been contended that by claiming these damages the defendant was actually not claiming his set off but was pleading adjustment. I do not think that this is case of adjustment or payment; but the present case is a case of set-off on the ground of damages suffered on account of non-supply of the stone ballast. If the claim by the plaintiff had been admitted and the amount due from the defe...
Swami Nath Vs. the S.D.O. Machhlishahr, Dist. Jaunpur and ors.
Court: Allahabad
Decided on: Mar-12-1958
Reported in: AIR1958All660
ORDERJ. Sahai, J. 1. The petitioner was a candidate at an election held to elect the Pradhan of village Chaujeetpur Rangwa. The other candidates were respondents Nos. 3 to 5. The petitioner's nomination paper was on scrutiny rejected on the ground that he had been a government servant and was dismissed from service on the ground of misconduct. The misconduct that was attributed to him was that he had enticed away a woman.The respondent No. 3 was declared elected at the election which was held on 19th December, 1955. The petitioner thereupon filed an election petition which was dismissed. In the election petition he had raised the plea that his nomination paper had been improperly rejected because he was not a government servant and did not fall within the provisions of 6. 5-A(d) of the U. P. Panchayat Raj Act. Thereafter the present writ petition was filed in this Court.2. The only question for decision in the case is whether the petitioner who was a Mukhia Was in the service of a Stat...
The State of U.P. and anr. Vs. Mohammad Ibrahim
Court: Allahabad
Decided on: Mar-04-1958
Reported in: AIR1959All223; 1959CriLJ411; (1959)ILLJ105All
O.H. Mootham, C.J.1. This is an application for leave to appeal to the Supreme Court from an order of this Court dated the 2nd April 1957. The respondent was a Sub-Inspector of Police, and in September, 1951 he was charged under Section 7 of the Police Act with being remiss in and unfit for the discharge of his duty in that he had committed thirteen specific acts of misconduct which were therein set out. Aft the ensuing departmental enquiry the Superintendent of Police who conducted it held that four of these charges had been satisfactorily proved and that a fifth had been partially proven.The finding of the Superintendent of Police in respect of the first four of these five charges was confirmed by the Deputy Inspector , General of Police, 'S' Range, who by an order dated the 17th July, 1952, dismissed the respondent from service. From this order the respondent appealed to the Inspector General of Police but that appeal was dismissed on the 24th June, 1953. The respondent then applied...
Badshah Singh and ors. Vs. the State
Court: Allahabad
Decided on: Mar-04-1958
Reported in: AIR1958All677; 1958CriLJ1112
R.K. Chowdhary, J.1. This is an appeal by three men, Badshah Singh, Khunni Stngh & Kunwar Singh, against the judgment and order of the learned Additional Sessions Judge of Shahjahanpur. He convicted and sentenced Badshah Singh to seven years' R. I. and a fine of Rs. 200/-, or further rigorous imprisonment for one year in default of payment of fine, under Section 307, I. P. C., Khunni Singh to one year's R. I, and Rs. 50/- fine, or further rigorous imprisonment for three months in default of payment of fine, under Section 323, I. P. C., and Kunwar Singh to six months' R. I under Sections 323/109, I. P. C. Khunni Singh and Kunwar Singh are uncles of Badshah Singh. One other tried along with the appellant, Munshi Singh, was acquitted mainly on the ground that the two main witnesses in this case were inimical to him.2. The prosecution of the appellants was based upon an incident which, it is common. ground, did take place at about 8 a. m. on 12-8-1954 in a plot of land outside village Arel...
Suresh Dutta Singh and anr. Vs. Randhir Singh and anr.
Court: Allahabad
Decided on: Mar-03-1958
Reported in: AIR1958All641
D.N. Roy, J. 1. This revision came up before one of us and in view of certain conflict of decisions, Kefayat Husain v. Abdul Rashid (decided by Agarwala, J.) reported in 1951 AWR (HC) 636 (A) and an unreported decision in Joshi Girjadharji v. Rao Sanwal Das Shahpuri, F. A. P. Order No. 219 of 1954 (decided by Mukherji, J. on 12-9-1957: (reported in AIR 1958 All 630) (3), the matter has been referred to a Division Bench on account of the important question of law involved in the case.2. The facts giving rise to this case may be briefly stated. A suit No, 138 of 1952 was instituted in the court of the Munsif of Basti. During the pendency of that suit, an application for the issue of a commission and also for the issue of a temporary injunction, was made by the plaintiff. On the 30-5-1952, the court passed an ex parte order directing a pleader of the court to make local inspection as a commissioner and to serve an interim injunction pending disposal of the application, in terms proposed b...
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