Allahabad Court August 1958 Judgments
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Diwan Durga Das Vs. B.R. Kishore and ors.
Court: Allahabad
Decided on: Aug-12-1958
Reported in: AIR1959All211; 1959CriLJ406
A.N. Mulla, J. 1. This is an application under Sections 2 and 3 of the Contempt of Courts Act made by Diwan Durga Das in connection with a writ petition (No. 143 of 1957) filed by him against Sri Brij Raj Kishore, a police officer, and two others whose names are not disclosed in the petition. This application also purports to be against three persons but their names are not given at the top of the application. The name of one, Mohammad Ilyas, a head constable is however mentioned in paragraphs 6 and 7 of this application as well as the prayer at the end and so it can be inferred that one of these three persons is Mohammad llyas.The petition further discloses that some information was given by an employee of the office of the Rent Control and Eviction Officer whose name was to be ascertained and so it may be presumed that one of the opposite parties was that employee who provided that information. The third person is described in the prayer as opposite party No. 2 whose assistant provid...
Mrs. Hem Niloni Judah Vs. Mrs. Isolyne Saroj Basini Bose and anr.
Court: Allahabad
Decided on: Aug-11-1958
Reported in: AIR1959All249
V. Bhargava, J. 1. This is an application for the grant of a certificate under Article 133 of the Constitution praying that a certificate be issued in respect of a judgment of this Court dated 17-1-1957. After the presentation of this application, the applicant presented another application praying that his request may be considered not merely under Article 133 of the Constitution but also under Article 135 of the Constitution.It appears that the original suit, out of which the appeal came up before this Court, was instituted in the year 1946. The suit was valued at Rs. 15,000/-. The subject-matter of the property in dispute was therefore clearly Rs. 15,000/-. The plaintiff opposite party had claimed the ownership of the whole of a house which she had valued at this amount of Rs. 15,000/-.The decree which was passed by this Court on 17-1-1957, declared the plaintiff opposite party to be owner of only a half share in the house, and it is against this part of the decree that the present ...
Thannoo Vs. State
Court: Allahabad
Decided on: Aug-06-1958
Reported in: AIR1959All131; 1959CriLJ158
R.K. Chowdhry, J. 1. This is an appeal by one Thannoo aged 20 against his conviction by the learned Sessions judge of Budaun under Section 304, I.P.C., and the sentence of nine years' R. I. passed on him. The learned Sessions Judge does not say, as indeed he should have, as to which of the two parts of Section 304. I.P.C., was the one under which he purported to convict the appellant.2. The deceased in this case was one Likkhi aged 30, who is said to have died on the spot as result of a single lathi blow on his head. The prosecution case, found established by the Court below, was that there was a strip of land separating the houses of the appellant and the deceased, that the appellant was anxious to build a ghar on that land, and that this attempt of the appellant was resisted by the deceased. This resulted in strained relations existing between the appellant and the deceased.The present occurrence is said to have taken place at about 7-30 p.m. on 28-7-1955. The prosecution case was th...
Simbhaoli Industries Private Ltd., Meerut Vs. State of Uttar Pradesh a ...
Court: Allahabad
Decided on: Aug-06-1958
Reported in: AIR1959All369; (1959)ILLJ227All
ORDERJ.K. Tandon, J.1. These two petitions are by Messrs. Shimbhaoli Industries Private Limited, Simbhaoli, district Meerut. Petition No. 3524 of 1957 arise out of an arbitration award made upon a reference under Section 5-B of the United Provinces Industrial Disputes Act, 1947, wherefor an industrial dispute concerning three persons, who were Khurshed Ali, Ram Swamp and Lal Singh on the one hand and petitioner on the other, was referred to the arbitration of one Sri Khannu who is the Presiding officer of the Labour Court at Meerut. The other writ petition No. 3525 of 1957 arises out of a dispute referred under Section 4-K of the same Act under an order dated 28th August 1957 passed by the Deputy Labour Commissioner, U. P.This related to the employment of one Sri Kripal Singh as Stillman in the above factory. Since some of the questions raised in the dispute referred under Section 5-B were similar to these arising in the reference under Section 4-K, Sri Khanna decided both the matters ...
J.K. Cotton Manufacturers Ltd., Kanpur Vs. J.N. Tewari and ors.
Court: Allahabad
Decided on: Aug-06-1958
Reported in: AIR1959All639
ORDERV.G. Oak, J. 1. This is a petition under Article 226 of the Constitution for the issue of writs in the nature of certiorari and mandamus. Messrs. J. K. Cotton Manufacturers Limited, Kanpur are the petitioners. Sri Singhal, who is Mill Manager of the petitioner company, filed an affidavit on behalf of the petitioners. 2. According to Sri Singhal's affidavit, the petitioners are a public limited company carrying on business of the manufacture of cotton yarn at its factory at Kanpur. The company employs a number of permanent workmen. It also employs a number of substitutes and temporary workmen according to exigencies of work. 159 persons were employed by the Company as substitutes and temporary workmen, after obtaining written contracts for specific periods of service. There was shortage of raw material during the period from 17-11-1953 to 8-12-1953. No work was available for temporary and substitute workmen during this period. So substitutes and temporary workmen left service of th...
Hari Das Mundhra Vs. the State
Court: Allahabad
Decided on: Aug-05-1958
Reported in: AIR1959All82; 1959CriLJ113
ORDERV.D. Bhargava, J.1. This in an application in revision filed on behalf of Sri Hari Das Mundhra against an order of the courts below rejecting his application challenging the validity of the trial and the investigation.2. Sri Hari Das Mundhra was the Chairman of the British India Corporation Limited, Kanpur, which is a joint stock company incorporated under the Indian Companies Act. He is being prosecuted under Sections 420, 471 and 467 I. P. C., in the court of Sri Maharaj Singh who has been appointed a Special Magistrate. His substantive designation is Additional District Magistrate of Lucknow.3. Sri W. H. J. Christi was the Managing Director of the aforesaid Corporation. He lodged a report on 21-12-1957 to the Deputy Superintendent of Police who had been appointed under the Delhi Special Police Establishment Act (Act No. XXV of 1946). One Sri Gurdas Mal was the Deputy Superintendent of Police under the aforesaid Act and he filed a charge-sheet on 22-3-1958 under Sections 420, 46...
State Vs. Jai Prakash
Court: Allahabad
Decided on: Aug-04-1958
Reported in: AIR1959All129; 1959CriLJ156
B.R. James, J. 1. One Jai Prakash was tried before an Assistant Sessions Judge of Meerut, of an offence under Section 409 I. P. C., for embezzlement of certain Government funds. His principal defence was that he had deposited the money in the Government treasury, and in support of this plea he cited a number of Government officials as defence witnesses. The learned Assistant Sessions Judge made several attempts to secure the attendance of these witnesses, but none of them appeared; hence, refusing to allow any further adjournment, he accepted the evidence led on behalf of the prosecution, found Jai Prakash guilty and sentenced him to imprisonment for less than four years.Jai Prakash took an appeal to the Court of Session, and the appeal was heard by an Additional Sessions Judge, Mr. Ram Ratan Kaushik. Mr. Kau-shik upheld the plea that the defence case had been seriously prejudiced bv the non-examination of the defence witnesses, and holding that these witnesses were necessary ones he d...
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