Allahabad Court April 1958 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Smt. Balwant Kunwar and ors. Vs. Addl. Munsiff, Dehra Dun and anr.
Court: Allahabad
Decided on: Apr-30-1958
Reported in: AIR1959All7
ORDERV.G. Oak, J.1. The question raised in this petition under Articles 226 and 227 of the Constitution is whether, in view of the enactment of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act, or the 1955 Act), a Munsif has jurisdiction to entertain a suit for restitution of conjugal rights where the parties are Hindus.2. Ranjit Singh filed suit No, 306 of 1955 in the Court of Munsif, Dehra Dun against Smt. Bal-want Kunwar, Bakshish Singh and Inder Kunwar. Defendant No. 1 is plaintiff's wife. Defendant No. 2 and defendant No. 3 are her brother and mother respectively. The reliefs claimed by the plaintiff are :(a) a decree against the defendant No. 1 directing her to live with the plaintiff and to allow him a free exercise of his conjugal rights: (b) an injunction restraining the defendantsNos. 2 and 3 from preventing the defendant No. 1from coming to the plaintiff's house. 3. Various pleas were raised in defence. One of the pleas was that the Court has no jurisdiction ...
Janardan Swarup and ors. Vs. Devi Prasad and ors.
Court: Allahabad
Decided on: Apr-30-1958
Reported in: AIR1959All33
D.N. Roy, J.1. This is a plaintiff's second appeal. The plaintiff's are Lala Janardan Swamp, his two sons Ramcs Chand and Suresh Chand, and his wife Smt. Raj Kishori Devi. Plaintiff No. 1 has been separate from the other plaintiffs, and there has been a partition between them. Plaintiff No. 1 is the owner of a half share, and the other plaintiffs are the owners. of the remaining half share of certain premises in Muzaffarnagar known as the 'Royal Talkies'. The building together with its fittings and ceiling fans had been leased to Sarjoo Prasad who was the father of defendants Nos. 1 and 2 and the husband of defendant No. 3 who are respondents before us. Sarjoo Prasad died some time in 1949 and the defendants have since then continued in occupation as tenants. It is common ground that the defendants caused material alterations in the building and. substantially damaged the same without the consent of the plaintiffs. The plaintiffs were therefore driven to the necessity of instituting su...
Sri Harish Chandra and ors. Vs. Punjab National Bank Ltd.
Court: Allahabad
Decided on: Apr-30-1958
Reported in: AIR1958All864
B. Mukerji, J.1. This is a reference by the Chief Inspector of Stamps to the effect that paper No. B-101 filed in this appeal was insufficiently stamped and that the requisite stamp duty payable along with penalty came to a sum of Rs. 814-11-0.2. On behalf of the party relying oh this document objection was taken to the stamp report on theground that the document was merely an agreementand the requisite stamp duty on such a document had actually been paid and as such there was no deficiency.3. We have examined this document and it isclear to us on its examination that the document really is a document of pledge whereby the executant has pledged movable property on the security of which the bank was to allow the executants cash-credit advances to the extent of Rs. 50,000. Under this document the executants, namely, firm M/S. Lucknow Union Hosiery Works, Lucknow put the Bank in effective possession of the property. Under Section 172 of the Indian Contract Act 'pledge', 'pawnee' & 'pawner...
State of U.P. and anr. Vs. Dr. Kanshi Ram Anand
Court: Allahabad
Decided on: Apr-29-1958
Reported in: AIR1958All844
O.H. Mootham, C.J.1. This is an appeal from an order of Mr. Justice Mehrotra dated the 20th October, 1955, whichgives rise to a question of some interest.2. The relevant facts are these: The respondent, who had obtained the degree of M.B.B.S. from the King Edward Medical College, Lahore, in 1939, migrated to India from Pakistan in 1947. He applied for appointment in the Public Health Service of this State, and on the 20th June, 1949, he was appointed temporarily in that Service for a period of six months in the Dehra Dun district. By a subsequent order dated the 24th June, 1950, he was appointed as Medical Officer in the Service on two years' probation from the date on which he had originally joined, namely the 20th June, 1949.On the 16th October, 1950, he was informed by the Director of Medical and Health Services, U. P., that the post to which he had been appointed was permanent and pensionable and that Hewould be confirmed in it in due course provided his work was satisfactory. The ...
State Vs. Sidhnath Rai and ors.
Court: Allahabad
Decided on: Apr-28-1958
Reported in: AIR1959All233; 1959CriLJ413
D.N. Roy, J. 1. Sidhnath Rai alias Sidhi Rai, Raghupat Rai, Ram Jatan Rai and Belal were charged under sections 302 and 323, I. P. C. read with Section 34, I. P. C. for the murder of Hail Ji arid for causing simple hurt to Vishwanath Rai in furtherance of the common intention of all on the 21st of October, 1954, at about 8 a.m. in village Bhataura, within police circle Gahmar in district Ghazipur. They were acquitted of the offence under Section 302. Only Sidhnath Rai was convicted under Section 304 Part I and sentenced to eight years' rigorous imprisonment. All the four were convicted under Section 323, I. P. C. read with Section 34, I. P. C, for causing simple hurt to Vishwanath Rai and Hari Ji and each sentenced to six months' rigorous imprisonment. Sidhnath has preferred Appeal No. 1363 of 1955; and the other three have preferred Appeal No. 1160 of 1955 as against their conviction and sentences. The State has preferred Appeal No. 1736 of 1955 against the acquittal of these four per...
Assistant Custodian, Evacuee Property, Shahjahanpur Vs. Civil Judge, S ...
Court: Allahabad
Decided on: Apr-25-1958
Reported in: AIR1959All574
ORDERV.G. Oak, J. 1. The decision of these two connectedcases turns upon the interpretation of Section 50 ot Administration of Evacuee Property Act, 1950 (hereinafter referred to as the Act).2. The facts of the case are practically admitted. There is at Shahjahanpur a certain property known as Cinema Nishat Talkies. There are several co-sharers in this property. Three brothers, who are opposite parties Nos, 2, 3 and 4 in the writ petition and who may hereinafter be referred to as Malik Brothers, own one-half share in the property. Jumman Khan, who is opposite party No. 8 in the writ petition, owns the other half share in the property. The Malik Brothers admitted opposite parties Nos. 5, 6 and 7 (hereinafter referred to as Bhagi Brothers) as lessees with respect to one-half share owned by Malik Brothers. Jumman Khan went to Pakistan. He was declared an evacuee. His property including one-half share in Nishat Talkies was declared evacuee property. It vested in the Custodian, U. P.3. In J...
Muneshwaranand Tyagi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-22-1958
Reported in: AIR1959All21; 1959CriLJ6
ORDERV.G. Oak, J. 1. The main point raised in this petition under Article 226 of the Constitution is the validity of Section 198-B of the Code of Criminal Procedure. Muneshwaranand Tyagi is the petitioner. 2. According to his affidavit, he is the printer, publisher and editor of a weekly 'chingari' published from Bijnor. The issue of Chingari dated 12-3-1956 contained an article commenting on the policy of the State Government about transfer of its officers. The authorities took the view that the article amounted to defamation of Dr. Ram Lal, District Medical Officer of Health. On 11-9-1956 the Public Prosecutor filed a complaint against the petitioner under Section 198-B Cr. P. C. alleging that the petitioner is guilty of defamation under Section 500, I. P. C. The petitioner's contention is that Section 198-B, Cr. P. C. is unconstitutional, and, therefore the proceedings instituted against the petitioner are illegal. This contention was raised before the learned Sessions Judge, Bijnor...
Union of India (Uoi) Vs. Chheda Lal Ram Autar and ors.
Court: Allahabad
Decided on: Apr-22-1958
Reported in: AIR1958All652
O.H. Mootham, C.J.1. This is an unusual application made in the following circumstances:2. On 22-12-1956, a decree in a civil suit was passed against the Union of India by the Civil Judge of Barabanki. The District of Bara-banki is an area in Oudh over which a Bench of this Court sitting at Lucknow exercises, by virtue of Clause 14 of the United Provinces High Courts (Amalgamation) Order, 1948, and a direction made by the Chief Justice thereunder, the jurisdiction and power for the time being vested in the High Court, and in the ordinary course the memorandum of appeal which the applicant proposed to prefer against the judgment of the Civil Judge of Barabanki would have been filed before that Bench. By inadvertence the memorandum of appeal was presented to the Court at Allahabad, and the Joint Registrar directed notice of the appeal to issue to the respondents.Upon the mistake being discovered the appellant filed the application which is now before us in which he prays that this Court ...
The Sunni Central Waqf Board U.P., Lucknow and anr. Vs. Intizar HusaIn ...
Court: Allahabad
Decided on: Apr-18-1958
Reported in: AIR1959All16
Raghubar Dayal, J. 1. This is a Special Appeal by the Sunni Central Waqf Board, U.P. (hereinafter referred to as the Board) and Sri Rafiq Ahmad, Inspector of Waqfs, against the order of Mr. Justice Chaturvedi holding the order of the President of the Board, dated 10-5-1955, a nullity and issuing a writ of mandamus directing the Board not to enforce that order and not, in any way, to interfere with the rights of the respondents Nos. 1 to 10. 2. Sixteen persons, the respondents in this appeal, filed a petition under Article 226 of the Constitution against the two appellants alleging themselves to be the khadims of the Dargah Badruddin Shah Wilayat Saheb in the city of Budaun, a religious institution mainly visited on the occasion of the annual Urs in the month of Ramzan by pilgrims. Pilgrims also visit the Dargah on other ceremonial occasions. The Board declared the Dargah to be a waqf to which the provisions of the U. P. Muslim Waqfs Act No. XIII of 1938 (hereinafter called the Act) app...
Karan Singh Vs. Jamuna Singh
Court: Allahabad
Decided on: Apr-16-1958
Reported in: AIR1959All427
V. Bhargava, J. 1. The polling for the election of a member to the U. P. Legislative Assembly from Gunnaur constituency in district Budaun in the last general election took place on the 28th of February, 1957. The counting took place on the 2nd of March, 1957, and, on the same date, the result was declared. Jamuna Singh respondent whose candidature was sponsored by the Praia Socialist Party, received 14361 votes and was declared elected. Karan Singh appellant received the next highest number of votes. He was a candidate on behalf of the Congress and he received 11007 votes. A third candidate, Kamal Prasad, was an independant candidate and he received 7227 votes. Karan Singh then presented an election petition to the Election Commission on the 15th of April 1957, which was referred for trial to the Election Tribunal, Budaun. The Tribunal dismissed this petition with costs on the 6th of December, 1957 and the present appeal has been filed against that dismissal of the petition. 2. In the...
- ‹ Prev
- 2
- 3
- Next ›
- Last »