Allahabad Court September 1958 Judgments
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Mehar Chand Mehta Vs. the City Board, Shahjahanpur and anr.
Court: Allahabad
Decided on: Sep-30-1958
Reported in: AIR1959All230; (1959)ILLJ460All
ORDERJ. Sahai, J.1. The petitioner was appointed as the Education Superintendent of the Municipal Board, Shahjahanpur, in a permanent capacity on 29th April, 1956. According to his allegations he has been working very satisfactorily and every one who had occasion to see his work was pleased with it. The present President of the Municipal Board, Shahjahanpur (hereinafter referred to as the President) took charge of his office about a year back.The petitioner's case is that there is strong party feeling in the Municipal Board. One party is of Sri Bishan Chand Seth, an ex-President, and the other is of the present President. It is alleged by the petitioner that since he was appointed by 'Sri Bishan Chand Seth the present President is prejudiced against him and wants to harm him.It is also alleged that the Executive Officer of the Board was suspended by Sri Bishan Chand Seth during his term of office but after Sri Bishan Chand Seth resigned from the office of President of the Board the Exe...
Baboo Halwai Vs. Mirzapur Electric Supply Co. and anr.
Court: Allahabad
Decided on: Sep-29-1958
Reported in: AIR1959All220
ORDERB.R. James, J.1. The Mirzapur Electric Supply Co. Ltd., (hereinafter referred to as the licencee) has since 1929 held a licence for the supply of electrical energy in Mirzapur. The petitioner, Babu Halwai, manufactures utensils, and for this purpose employs an electric motor of 13 h. p. For twenty years he has been taking energy from the licencee for running this motor and paying for it according to authorised rates, which until recently were calculated on the basis of the amount of energy actually consumed. In 1944 the licencee, with the consent of the Government, introduced an extra charge termed the 'War Cost Surcharge' amounting to 15 per cent, of the prevailing rates.Then in 1954 it made an application to the State Government for the approval of an amendment of Clause 2(b) of the Fourth Annexure (which deals with maximum charges) of its licence so as to permit it to levy a minimum charge of Rs. 5/- per b. h. p. per month of connected load in respect of consumers of power. On ...
Kalka Prasad Vs. State
Court: Allahabad
Decided on: Sep-25-1958
Reported in: AIR1959All698; 1959CriLJ1264
ORDERM.C. Desai, J.1. The applicant challenges his conviction and sentence for the offence of Section 408. I.P.C, He has been found guilty of having criminally misappropriated a sum of Rs. 1,701/- entrusted to him by his employer for being taken and deposited in the Allahabad Bank in order to have a bank draft prepared. The applicant absconded with the money and did not return to his employer. Nothing was said about the facts before me in revision, but it was contended that the applicant was a minor and could not commit the offence of Section 408, I.P.C. He claimed before the trial Court to be 17 years of age but the trial Court thought that he was much older. He appeared before the appellate Court also and it was not satisfied that he was a minor because he appeared to be a 'grown up man'. In the absence of evidence to prove that he is a minor it cannot be contended that he could not enter into any contract.2. Even if the applicant was a minor he is guilty so long as his case is not c...
Rana Sheo Amber Singh Vs. the Allahabad Bank and ors.
Court: Allahabad
Decided on: Sep-24-1958
Reported in: AIR1959All179
M.L. Chaturvedi, J.1. This is a judgment-debtors appeal against an order dismissing his objections filed under Section 47 of the Code of Civil Procedure.2. It appears necessary to give a short history of the case which begins as far back as the year 1914. Rana Sheoraj Bakhsh Singh was the proprietor and taluqdar of what was called Khajurgaoa estate in the district of Rae Bareli. He relinquished his rights in favour of Uma Nath Bakhsh Singh or 9-5-1913, and Uma Nath Bakhsh Singh became the proprietor and taluqdar of the estate. On 13-7-1914, Rana Uma Nath Bakhsh Singh executed a deed of simple mortgage in favour of the Allahabad Bank Ltd., decree-holder respondent.The mortgage was for a sum of Rs. 6,00,000/-and the mortgage money carried interest at the rate of seven per cent per annum compoundable six monthly. Rana Uma Nath Bakhsh Singh mortgaged 167 villages under this deed. On 23-5-1924, the respondent Bank filed a suit for recovery of the balance of the unpaid mortgage money by sale...
inder Deo and anr. Vs. State
Court: Allahabad
Decided on: Sep-24-1958
Reported in: AIR1959All238; 1959CriLJ415
B. Mukerji, J. 1. This is an appeal by Inder Deo and Sheodas alias Phakkar against their convictions under Section 302/34 and Section 201/34 of the Indian Penal Code. Both the appellants have been sentenced to death for their conviction under Section 302/34 I.P.C. and to four years' rigorous imprisonment for their latter conviction. Along with the appeal there is the usual reference by the learned Judge for the confirmation of the sentences of death.2. The facts giving rise to this appeal may be briefly stated thus: Sometime on the night between the 26th and the 27th of August, 1957, one Kali Prasad war, alleged to have been murdered by the two appellants and his body was alleged to have been thrown in the Pandhar of a well near the Mastwani Pokhra. According to the prosecution case, the motive for the crime was that Kali Prasad had, some two and a half or three years earlier, eloped with the widowed sister, Srimati Dulari, of Sheodas alias Phakkar (we shall henceforward refer to him a...
Murli Manohar and ors. Vs. Lachmanji and ors.
Court: Allahabad
Decided on: Sep-24-1958
Reported in: AIR1959All342
D.N. Roy, J.1. This is a defendants' appeal arising out of a judgment dated 22-11-1946 passed by the learned Addl. Civil Judge of Banaras by which a decree was granted to the plaintiffs-respondents setting aside the final decree dated 15-1-1944 passed in partition suit No. 466 of 1939 of the Court of the Munsif Haveli, Banaras, on the ground of gross negligence on the part of the guardian ad litem of the minor plaintiffs..The parties to the suit are members of the same family. Defendants Nos. 1 and 2, namely, Murli Manohar and Govind Lal, instituted the suit No. 466 of 1939 against the present plaintiffs and defendants Nos. 3 to 15 for partition of the property specified in Schedule A of the present plaint which admittedly was joint ancestral property of the parties.There was another property which was specified in Schedule B of the present plaint. This property was not included by the plaintiffs in the earlier suit aforesaid. In that case natural guardians of the present plaintiffs wh...
Atherton West and Co. Ltd., Kanpur Vs. the Regional Conciliation Offic ...
Court: Allahabad
Decided on: Sep-23-1958
Reported in: AIR1959All406
ORDERB.R. James, J.1. The petitioner (hereinafter referred to as the employer) is a textile mill in Kanpur. One Radhey Shyam Bajpai was in its employ as Records Clerk. On the 8th August, 1955 he was appointed as Attendance Clerk, and as such his duty was to mark the attendance of workmen. During the fortnight ending on the 20th August, 1955 he made wrong entries in the case of five workmen. Thereupon the employer made a preliminary enquiry and as a result charged him on the 2nd September, 1955 with an act of misconduct, viz., making wrong entries of attendance in the case of five workmen referred to above.2. The petitioner alleges that Radhey Shyam was asked to appear on the 14th September to explain why he should not be punished under the provisions of the Standing Orders. It was also pointed out to him that he had already received three notices of warning. But for some time he evaded service of the charge-sheet. Then on the 12th September he was orally directed by his immediate super...
Ram Charan Das Vs. Mst. Girjanandani Devi and ors.
Court: Allahabad
Decided on: Sep-23-1958
Reported in: AIR1959All473
Gurtu, J.1. The substantial question in this appeal is as to the legal effect of a deed, described as a deed of partition, dated 31-3-1933. That deed concerns property of which the last male owner was one Kanhaiya Lal who died on 10-6-1922. He got the property from his grandfather, Chunni Lal, under a will of 1883. He was succeeded by his mother Smt. Kadma Kuer, who died on 14-10-1937. Upon her death the present suit was filed by the plaintiff on, the allegation that he is the next reversioner of Kanhaiya Lal along with his brothers, defendants 2 to 6, and that defendant No. 1 Smt. Girjnandani Devi, widow of Gopi Nath, who was a sister's son of Kanhaiya Lal, had no right to remain in possession of the suit property. Gopi Nath died during the life-time of Smt. Kadma Kuer 13.2. According to the plaintiff, he is not bound by the deed dated 31-3-1933, described as a partition deed and he contends that it is of no legal effect.3. Before stating the defence, we may relate how this deed came ...
Harwari Lal Vs. State
Court: Allahabad
Decided on: Sep-22-1958
Reported in: AIR1959All751; 1959CriLJ1380
ORDERM.C. Desai, J.1. One Narsing was being prosecuted (it is not known for what offence) in the Sessions Court and during the pendency of the trial he applied for being released on bail on the ground of his wife's death and the Sessions Judge ordered him to be released on parole for a fortnight on 4-5-1956 on his furnishing two sureties for Rs. 8000/- each to the satisfaction of the committing Magistrate. Accordingly Narsingh produced two sureties, the applicant and another, before the committing Magistrate (Judicial Magistrate, Powayan) on 7-5-56.The applicant executed a bond on that date stating that Narsingh will appear in court every day during the pendency of the commitment proceedings or during his trial in the Court of Session if he was committed there to answer the charge, and that if he failed to appear he will pay the penalty of Rs. 3000/-. On execution of the bond by the applicant and by another surety Narsingh was released on parole. On 15-5-56 he appeared before the Sessi...
Ford and Macdonald Ltd. and ors. Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Sep-22-1958
Reported in: [1959]10STC70(All)
1. These are seven references under Section 11 of the U.P. Sales Tax Act. As the questions to be answered are common all the references can be dealt with jointly.2. It appears that seven applications for reference of certain questions of law to this Court were made by five firms which had been assessed to sales tax by the Sales Tax Officers concerned. All of them were building contractors who had obtained contracts for the construction of buildings and had in connection with those contracts used materials like bricks, wood, cement etc. In the case of some of these contractors the supply of the materials had been arranged for by the Public Works Department or by the Development Board. The value of the materials used in connection with those contracts had not been included in their turnovers by the contractors. The Sales Tax Officers had, therefore, issued notices of reassessment to these firms and assessed them on the value of these materials also taking the view that all these material...
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