Allahabad Court July 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.
Ghayar Ali Khan Vs. Keshav Gupta
Court: Allahabad
Decided on: Jul-31-1958
Reported in: AIR1959All264
M.L. Chaturvedi, J.1. This is an appeal under Section 116A of the Representation of the People Act, Act No. 43 of 1951, as amended by Act No. 27 of 1956. It will be called hereinafter the Act.2. The appeal arises out of an election held for electing a member to the U. P. Legislative Assembly from Constituency No. 24 known as Thanabhawan constituency of Muzaffarnagar district, in the State of U. P. There were only two contesting candidates at the election, namely, the appellant Sri Ghayur Ali Khan and the respondent Sri Keshav Gupta. The appellant belonged to the Praja Socialist Party and the respondent to the Congress Party.There was thus a straight contest between the candidates set up by the two parties. The polling took place on 6-3-1957 and the counting of votes took place on the next day, when the appellant was held to have secured 25933 votes and the respondent 25258 votes. The appellant was accordingly declared to have been duly elected as a member of the U. P. Legislative Assem...
R.L. Aurora Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Jul-30-1958
Reported in: AIR1958All872
O.H. Mootham, C.J. 1. This is an appeal from an order of Mr. Justice Mehrotra dated 30-8-1957, dismissing two petitions under Article 226 of the Constitution. The relevant facts are these : On 31-5-1943, the appellant purchased a plot of agricultural land measuring approximately 9 acres in village Nauraiya Khera in Kanpur district for a sum of Rs. 7,000/-, and shortly thereafter he obtained the surrender of the tenancy rights of the tenant who was in occupation of the plot on payment of Rs. 1,705/-. He thus obtained actual physical possession over the entire plot. On 31-5-1943, the appellant also obtained a permanent lease of an adjacent plot of land measuring 15.5 acres. His purpose in acquiring the two plots had been, he says, for the erection of a factory. This object was however frustrated by the fact that on 26-7-1943, the military authorities requisitioned the second of the two plots measuring 15.5 acres and on 6-5-1944, an area of 1 59 acres out of the first of the two plots; th...
Bipat Prasad Sonekar Vs. the State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Jul-25-1958
Reported in: AIR1959All536; (1959)IILLJ155All
ORDERJ.K. Tandon, J. 1. Bipat Prasad Sonekar, the petitioner was appointed a Sub-Deputy Inspector of Schools in December 1941 with effect from 3-1-1942. He was confirmed in his above post with effect from May 1, 1945. In March 1947 he was selected with the approval of the State Public Service Commission for appointment as Deputy Inspector of Schools and was with effect from March 26, 1947 placed on probation for two years. This notification which related to three persons was as follows : 'The under mentioned persons (the reference was to three persons including the petitioner) are appointed substantively on two years probation in the Deputy Inspectors of Schools service with effect from the date noted against each and are post-ed to the stations shown below'. In accordance with the description given in the relevant column of the notification the date from which Bipat Prasad Sonekar's probation commenced was March 26, 1947. The petitioner has claimed, and this fact is not disputed, that...
Danney Khan and ors. Vs. the State
Court: Allahabad
Decided on: Jul-24-1958
Reported in: AIR1959All453; 1959CriLJ909
H.P. Asthana, J. 1. This is an appeal from the judgment of the 1st temporary Civil and Sessions Judge, Bareilly, convicting the appellants under Sections 302 and 323 read with Section 149, I.P.C. They have each been sentenced to 3 months' rigorous imprisonment under Section 323/149 I.P.C. Danney Khan and Naushey Khan have each been sentenced to death under Section 302/149 I.P.C. and the rest to imprisonment for life under that section. Except Banney Khan, they all have been further convicted under Section 147 I.P.C. and sentenced to one year's rigorous imprisonment. Banney Khan has been convicted under Section 148 I.P.C. as he is alleged to have been armed with a bhujali, and has been sentenced to one year's rigorous imprisonment.There were in all 11 accused in this case who were put on trial under Sections 147, 148 302/149 and 323/149 I.P.C. Four of them, namely, Jhabbu Khan, Amir Khan, Kaley Khan and Saeed Khan, have been acquitted on the various charges levelled against them. Along ...
Vijai Pal and anr. Vs. State
Court: Allahabad
Decided on: Jul-23-1958
Reported in: AIR1959All559; 1959CriLJ1040
J. Sahai, J. 1. Appeal No. 1394 of 1955 has been filed by Vijaipal and Babu Lal while appeal No. 1529 of 1955 has been filed by Chandan and Prabhu. all four of whom have been convicted under Sections 399 and 402, I. P. C., by the learned Assistant Sessions Judge, Aligarh. Chandan has also been convicted under Section 19(f) of the Arms Act. Whereas the sentences under Sections 399 and 402, I. P. C., of all the appellants have been ordered to run concurrently, the sentence under Section 19(f) of the Arms Act imposed on Chandan has been ordered to run consecutively.Along with these four persons Chiranji son of Megh Singh, Chiranfi son of Maharam, Khushali, Mahabir, Balbir and Ram Gopal were also convicted by the learned Assistant Sessions Judge. These persons, as also the four appellants had filed one jail appeal against their conviction and sentence. This jail appeal was admitted by my brother V. D. Bhargava, J., on 21-11-1955. After the jail appeal had been filed and admitted the presen...
Tulsi Ram Sinha Vs. Akhara Panchayati Udasi and ors.
Court: Allahabad
Decided on: Jul-23-1958
Reported in: AIR1959All245
ORDERR.N. Gurtu, J.1. This small cause court civil revision under Section 25 of the Small Cause Courts Act arises out of an Execution Case No. 282 of 1955. An application for execution of the decree was made by the decree holder, the Akhara Panchayati, against Tulshiram Sinha the applicant in this revision. An objection was taken by the applicant that the decree was not liable to be executed against him until it had been put into execution against another judgment-debtor, namely, Benos Sericum Ltd., and there was a failure to realise the decretal amount from the said judgment-debtor. The applicant relied upon the decree itself. A plain copy of the decree has been handed over to me in regard to the correctness of which there is no dispute and which I am putting on the record. The relevant portion of the decree runs as follows:'The suit for recovery of Rs. 1000/- is decreed against the defendants in terms of the compromise which shall form part of the decree- SHARAYAT SULAHNAMA. 1. Yeh ...
K.H. Panjani Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Jul-22-1958
Reported in: AIR1959All24
O.H. Mootham, C.J. 1. This is an appeal from an order of Mr. Justice Chaturvcdi dated 18-10-1957, dismissing a petition under Article 226 of the Constitution.2. The relevant facts are not in dispute. The appellant is the owner of a concern known as the Jai Hind Glass Bangles Cutting Factory at Firoza-bad in the district of Agra. Firozabad is the ccntre of the glass bangle industry in this State, and part of the work of making bangles is done on the appellant's premises. The number of persons employed by the appellant is less than ten but a large number of other persons averaging about 125 a day, make use of the mechanical power which is made available to them by the appellant in his premises.These other persons are not his employees. They are persons who are supplied with glass bang-les by bangle merchants for the purpose of engraving designs on them. They bring the glass bangles to the appellant's premises together with their own grinding wheels; they then attach their grinding wheels...
Aslam Khan Vs. Fazal Haque Khan and ors.
Court: Allahabad
Decided on: Jul-21-1958
Reported in: AIR1959All79
V. Bhargava, J.1. The appellant, Aslam Khan, respondents Fazal Haque Khan, Abdul Hadi Khan and Sita Ram and one Tribeni Sahai Misra were candidates for election to the U. P. Legislative Assembly in the general elections held in February and March, 1957, from No, 60, Rampur constituency. All the live candidates filed nomination papers on 31-1-1957, and, after scrutiny, they were declared duly nominated on 1-2-1957. Tribeni Sahai Misra, who is not a party to this appeal, withdrew his candidature within the time permitted by law.The polling in the constituency took place on 22-2-1957, and the counting on 1-3-1957. The same day the result was announced and Aslam Khan appellant was declared duly elected. Thereupon Fazal Huque Khan respondent No. 1 filed an election petition before the Election Commission challenging the election of Aslam Khan appellant. The election petition was sent for trial to the Election Tribunal, Rampur. The main ground, on which the election was challenged, was that ...
Jagdamba Prasad Gupta Vs. Senior Superintendent of Police, Benaras and ...
Court: Allahabad
Decided on: Jul-18-1958
Reported in: AIR1959All573
ORDERJ.K. Tandon, J. 1. The petitioner held a certificate dated 11-10-1941 from the Superintendent of Police Varanasi to the effect that he was of good character and possessed knowledge about the city of Varanasi. He used to work as guide. In 1956, the Senior Superintendent of Police of the same place informed him that the certificate given to him on 11-10-1941 had been cancelled as his conduct had not been found to be becoming of a guide. On receipt of this letter the petitioner wrote to the Senior Superintendent of Police Varanasi asking him to supply the specific charges against him but no reply was sent.The petitioner's complaint accordingly is that he does not know the charges against him and the order of the Senior Superintendent of Police cancelling the certificate, which was made without giving an opportunity to show cause, is itself illegal and invalid. Incidentally he has also referred that he was employed as a guide in Hotel-de-Paris at Varanasi Cantt but on the information ...
Dronacharya Vs. the State
Court: Allahabad
Decided on: Jul-16-1958
Reported in: AIR1959All526; 1959CriLJ1029
A.N. Mulla, J.1. Appellant Dronacharya who is a young lad of about 14 or 15 years of age has been convicted under Section 302 I. P. Code and sentenced to imprisonment for life by the Additional Sessions Judge, Hardoi. The charge against the appellant was that on 15-5-1955, at about sunset time he attacked Ram Kishore aged about 16 years, with a lathi in the grove known as Mithnu Wala Bagh in village Dhonhi, Police station Sandi, District Hardoi as a result of which Ram Kishore sustained serious injuries and died a few days later. The appellant's younger brother Kirpacharya aged ten years and his father Mohan Lal were also prosecuted in this case on the allegation that they had also participated in this attack upon Ram Kishore, but the learned trial court acquitted them and did not believe the prosecution evidence on this point.2. The prosecution story is that both the appellant and Ram Kishore deceased belonged to the same family though they were very distantly related. Sheo Charan and...