Allahabad Court May 1958 Judgments
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Allah Bux Vs. Ratan Lal Jain
Court: Allahabad
Decided on: May-12-1958
Reported in: AIR1958All829; [1958]9STC699(All)
M.L. Chaturvedi, J.1. This is an appeal under Section 116-A of the Representation of the People Act, as amended by Act No. 27 of 1956, (hereinafter called the Act), against the judgment of the Election Tribunal of Bijnor, allowing an election petition filed by Ratan Lal Jain, (hereinafter called the respondent).2. The dispute arises out of an election to the U. P. Legislative Assembly from Constituency No. 51, known as Afzalgarh Constituency, situate in the district of Bijnor. Six persons sought the election from the above constituency. The polling took place on 6-3-1957 and as a result of the counting of votes, which took place on 10-3-1957, Allah Bux, (hereinafter called the appellant), was declared as the duly elected candidate. Ratan Lal Jain, respondent in this appeal, decided to challenge the election of the appellant Allah Bux and sent an election petition, within the time allowed by law, to the Election Commission. The Election Commission sent it for trial to the District Judge...
Raghubir Vs. Board of Revenue U.P. Allahabad and ors.
Court: Allahabad
Decided on: May-09-1958
Reported in: AIR1959All13
M.L. Chaturvedi, J. 1. This is a petition under Articles 226 and 227 ofthe Constitution praying for the quashing of the judgments of the Additional Commissioner dated 29-11-1957, and of the Board of Revenue dated 15-4-1958. It is further prayed that the judgment of the Judicial Officer which was against the petitioner may similarly be quashed. 2. The petitioner filed a suit under Sections 176, 229C and 209 of the U. P. Zamindari Abolition and Land Reforms Act praying that he be declared to be a co-tenant of the plots in dispute along with the fourth respondent Sri Kishan and that, if necessary, he may be awarded possession over his share of the plots. The case of the petitioner was that he had first become a co-tenant along with one Sri Ram, a previous tenant of these plots; and subsequently he became a co-tenant with the respondent No. 4. All the three revenue Courts have held that the petitioner was not entitled to the reliefs claimed. 3. The Commissioner has given a clear and catego...
Baleshwar Singh Vs. District Magistrate and Collector, Banaras and ors ...
Court: Allahabad
Decided on: May-08-1958
Reported in: AIR1959All71
ORDERJ.K. Tandon, J. 1. The Nyaya Panchayat Bathawar, Pergana Berhal, District Benaras, consists of seven Gaon Sabhas out of which Bathawar is one. The total membership of the Nyaya Panchayat is fifteen. Two panches have to be appointed each from the Gaon Sabha Bathawar, Daiyapur, Khehara, Keshopur, Khuchama and Rewasa and three panches from the Gaon Sabha Sarai. Section 43 of the U. P. Panchayat Raj Act requires that the Nyaya Panches of the Nyaya Panchayat shall be appointed out of the persons elected in accordance with Sub-section (6) of Section 12 and Section 12-A of the Act. After the last general election held in connection with the constitution of Gaon Panchayat, under the aforesaid provision of the Act, the appointment of Nyaya Panches had to be made. It is alleged that out of the total number of members of the Gaon Panchayat for Gaon Sabha Bathawar two seats belonging to scheduled caste still remained to be filled up. Similarly some seats in the Gaon Panchayat of Daryapur had ...
Mohan Lal and anr. Vs. GraIn Chamber Ltd., Muzaffarnagar and ors.
Court: Allahabad
Decided on: May-07-1958
Reported in: AIR1959All276
V. Bhargava, J. 1. These two connected Special Appeals are directed against one common judgment of the learned Company Judge by which he dismissed two petitions lor winding up of the same company presented by the same petitioners. The first petition was presented on the 22nd of February, 1950 on behalf of two persons appearing as petitioners. The first petitioner was Mohan Lal in his personal capacity.The second petitioner was Seth Mohan Lal and Co., which was a trade name under which Mohan Lal was himself carrying on the business, he being the sole proprietor of this firm. The first petition, which was registered as case No. 12 of 1950, was based on certain grounds, which according to the petitioners had come into existence by the 22nd of February, 1950. Subsequently, the petitioners made an application for amendment of this petition.The amendments sought not only included facts relating to incidents before the 22nd of February, 1930 but also certain facts which came into existence af...
Municipal Board, Lucknow Vs. Sardar Iqbal Singh and ors.
Court: Allahabad
Decided on: May-06-1958
Reported in: AIR1958All853
B. Mukerji, J.1. This is a special appeal against the decision of the learned Chief Justice made in an application for a writ of mandamus or any other appropriate writ or direction which may be issued to command the respondent, first, to issue certain licences applied for by the petitioners for plying rickshaws within the municipal limits of Lucknow and secondly to refrain from impounding certain rickshaws belonging to the petitioners found plying within the municipal limits for hire.The learned Chief Justice allowed the petition to the extent that he directed the issue of a writ commanding the Municipal Board to issue licences to the petitioners to ply rickshaws for hire within the municipal limits provided the petitioners fulfilled the requirements laid down in the relevant municipal bye-laws.2. In order to appreciate the scope of the controversy that arose for decision in the writ petition it is necessary to state a few facts, The petitioners, who are the respondents in this appeal,...
Kashi Nath Pandey Vs. Shibban Lal Saxena and ors.
Court: Allahabad
Decided on: May-05-1958
Reported in: AIR1959All54
V. Bhargava, J. 1. Sri Kashi Nath Pandey has filed this petition under Article 226 of the Constitution praying for the issue of a writ of certiorari quashing the order of opposite party No. 5, Election Tribunal, Gorakhpur, at Sitapur and for issue of a writ of mandamus prohibiting opposite party No. 5 from proceeding any further with the trial of Election Petition No. 463 of 1957. 2. In the last general elections the petitioner Sri Kashi Nath Pandey, opposite party No. 1 Sri Shibban Lal Saxena and opposite parties 2 to 4 were candidates for election to the House of the People from Hata Constituency in the district of Deoria. This was a single member constituency and the petitioner Sri Kashi Nath was declared elected. Sri Kapildeo an elector, filed an, election petition on 6-5-1957 praying that the election of Sri KashiNath Pandey petitioner be declared void on grounds given in that petition. Opposite parties Nos. 1 to 4 in the present petition were respondents in that election petition...
State of Uttar Pradesh Vs. Sat NaraIn and ors.
Court: Allahabad
Decided on: May-01-1958
Reported in: AIR1959All218; 1959CriLJ409
B. Mukerji, J. 1. This petition in revision has been directed against an order made by Sri A. C. Bansal, Civil and Sessions Judge of Lucknow, who was appointed a special Judge under the Criminal Law Amendment Act of 1952 (Act No. XLVI of 1952).2. By a notification No. 3854 (ii)/VI-767/57 dated 13-12-1957, the State Government made the following order :'In partial modification of notification No. 1953/ VI-812-52, dated 18-9-1952, and in exercise of the powers conferred by Sub-section (1) of Section 6 of the Criminal Law Amendment Act, 1952 (Act No. XLVI of 1952), read with Section 7 (3) therefore the Governor of Uttar Pradesh is pleased to appoint Sri A. C. Bansal, Civil and Sessions Judge, Lucknow to be a Special Judge for the trial of Lucknow Jail Escape case (case No. 5/57) State v. Abdul Rahman and 19 others under Sections 120B, 216, 221, 222, 223, 224, 225, 161, 165 and 165A, Indian Penal Code, Section 5 (2) of the Prevention of Corruption Act, 1947 (Act II of 1947), Section 42 Pri...
Sheo NaraIn Tandon Vs. the State
Court: Allahabad
Decided on: May-01-1958
Reported in: AIR1959All351; 1959CriLJ677
R.N. Gurtu, J.1. One Sri S. N. Tandon was prosecuted by the Regional Provident Fund Inspector, Kanpur for contravening the provisions of Section 38 (i) and (ii) and Section 76 of the Employees, Provident Fund Scheme, 1952. He was found guilty of the offence charged. The learned City Magistrate considered it appropriate to let him off with a warning.2. Sri S. N. Tandon then preferred an appeal to the learned Sessions Judge of Lucknow. A preliminary objection was raised there that no appeal lay because the learned Magistrate had not passed any sentence on the appellant. The learned Sessions Judge relying on the case of Hari Charan v. State, reported in : AIR1951All442 , held that no appeal lay under Section 408, Criminal Procedure Code. The appeal was, accordingly dismissed as being not maintainable.3. Thereupon a criminal revision was filed in this court against the learned Sessions Judge's order upon the ground that the learned Sessions Judge had erred in holding that no appeal was mai...
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