Allahabad Court September 1958 Judgments
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Karey Vs. State
Court: Allahabad
Decided on: Sep-17-1958
Reported in: AIR1959All347; 1959CriLJ673
ORDERM.C. Desai, J.1. The applicant has been bound down under See. 110, Cr. P. C. on account of being a habitual thief and burglar. Two types of evidence were produced against him by the Prosecution, one consisting of witnesses who deposed that they suspected the applicant to have been responsible for thefts and burglaries committed in their houses and the other consisting of residents of the village where the applicant resides and its neighbourhood, who stated that he is a man of bad character and that his general reputation is that of habitual thief and burglar. The applicant denied the evidence of general repute; his defence witnesses deposed that his reputation is good and that he maintains himself by plying a tonga.2. The Magistrate has disposed of the whole case in which 24 witnesses were examined for the prosecution and 25 for the defence in a judgment covering little more than two pages. Only the briefest gist of the evidence given by the prosecution witnesses is given; the nam...
C.P. Mehra Vs. Sm. K.K. Mehra
Court: Allahabad
Decided on: Sep-16-1958
Reported in: AIR1959All167
J.K. Tandon, J.1. In this case the office pointed out on 14-7-1958 that there was deficiency in court fee paid on the memorandum of appeal to the extent of Rs. 512/8/-. The deficiency report was made earlier because on 1-4-1958 the appellant was allowed two months time to make good the deficiency. The appellant failed to deposit the necessary deficiency and proposed at one time to pursue the appeal in forma pauperis.But on the last hearing that is, on the 1st September, 1958, his learned Counsel informed that his client had decided not to deposit the court fee nor was he prepared to pursue his suggestion to have the appeal admitted in forma pauperis. Hence since the necessary deficiency in the court fee has not been deposited, the memorandum of appeal has to be rejected and I direct accordingly. The appellant will nevertheless pay the expenses incurred by the respondent in the appeal.2. After the above appeal had been filed, the respondent filed a cross objection to the decree appealed...
Mohammed Ishaq S/O. Allah Rakha Vs. Rent Control and Eviction Officer, ...
Court: Allahabad
Decided on: Sep-12-1958
Reported in: AIR1959All580
ORDERS.S. Dhavan, J.1. This is a petition under Article 226 of the Constitution praying for the quashing of an order passed by the Rent Control and Eviction Officer, Saharanpur, respondent No. 1 dated 10-9-56 cancelling a previous allotment order made by him in favour of the petitioner. There is a further prayer for a writ of mandamus restraining the Rent Control and Eviction Officer from enforcing his order of 9th September or ejecting the petitioner from the shop allotted to him. The facts, as stated in the petitioner's affidavit, are these: He is a tenant in possession of shop No. 15/2990 in Saharanpur.It is jointly owned by Haji Mohammed Akhtar and Mohammed Athar, respondents 2 and 3. This shop was previously in the tenancy of one Dr. Mangal Sen. He discontinued his tenancy. The petitioner came to know of this fact and made an application for allotment of the shop to himself. The Rent Control and Eviction Officer allotted the shop to him by his order dated 27-4-1956. The petitioner...
Priya Gupta Vs. General Manager, North Eastern Railway, Gorakhpur
Court: Allahabad
Decided on: Sep-11-1958
Reported in: AIR1959All643
ORDERJ. Sahai, J. 1. The petitioner was appointed as Assistant Electrical Foreman in 1944 in the erstwhile Bengal and Assam Railway. After the partition of the country the Bengal and Assam Railway was renamed as Assam Railway and the petitioner continued to work in that railway. He was promoted to the post of electrical foreman in the scale of Rs. 360-500 and was confirmed on that post a little after. The Assam Railway was merged in the North Eastern Railway and the petitioner continued to serve as electrical foreman in the railway electrical power house at Pandu under the North Eastern Railway. The petitioner was the General Secretary of the Assam Railway Labour Association, a registered and recognised trade union of the railway workers and after the reorganisation of the railways the petitioner became the General Secretary of the North Eastern Railway Mazdoor Union and in the election held in October 1955 the petitioner was elected as General Secretary of the same Union and continues...
Durga Prasad and ors. Vs. Official Liquidator, Banaras Bank Ltd.
Court: Allahabad
Decided on: Sep-09-1958
Reported in: AIR1959All196
O.H. Mootham, C.J. 1. This is an appeal from an order of the learned Company Judge dated 26-7-1956. The facts so far as they are relevant for the purpose of this appeal are these: On 1-7-1940, an order was made for the compulsory winding up of the Banaras Bank Ltd., and thereafter a Committee of Inspection was appointed pursuant to the provisions of Section 178 of the Indian Companies Act, 1913. The assets of the Bank included two houses, one at Saharanpur which the Bank had purchased in the year 1934 for Rs. 9,200/- and the other house at Hardwar which the Bank had purchased in the same year for Rs. 16,000/-.On 17-2-1941 an offer was received from one Roshan Lal of Rs. 18,000/- for these two houses. The offer was laid before the Committee of Inspection which, on 19-3-1941, resolved that the Official Liquidator should endeavour to get the offer increased to Rs. 20,000/-, but if he did not succeed in doing so he should accept the offer of Rs. 18,000/-. Sri Roshan Lal refused to increase...
K.C. Kapoor and anr. Vs. State
Court: Allahabad
Decided on: Sep-08-1958
Reported in: AIR1959All75
R.K. Chowdhry, J. 1. These are two appeals, one by K. C. Kapoor and the other by Nanak Saran. The police charge-sheeted both of them and both were committed to the Court of the Sessions Judge of Mirzapur for trial; but, on an application made by Nanak Saran, the learned Sessions Judge split the case and tried the appellants separately. He sentenced each of the two appellants to three years rigorous imprisonment and to a line of Rs. 1,000/-. or six months further rigorous imprisonment in default of payment of fine, under Section 409, I. P. C. Both the appeals may properly be disposed of by a single judgment. 2. In August, 1954, when the occurrence leading up to the trials took place, K. C. Kapoor was employed as Divisional Accountant and Nanak Saran as Establishment Clerk in the Accounts Section under Sri Rajendra Prasad Agarwal Executive Engineer, Sirsi Dam at Mirzapur. A sum of Rs. 9,150/-was realised by the Executive Engineer on 23-8-1954 by the sale of trees in the Sirisi reservoir ...
Ashfaq HusaIn and ors. Vs. State
Court: Allahabad
Decided on: Sep-04-1958
Reported in: AIR1959All555; 1959CriLJ1038; [1960(1)FLR556]; (1959)IILLJ33All
ORDERM.C. Desai, J. 1. The three applicants have been convicted under the U. P. Factories Act for infringement of Rules 3, 6 and 13 of the U. P. Factories Rules. An inspector of factories inspected the premises and found the applicant Matloob Husain present in the factory and 24 persons working. The premises were not licensed as a factory. Conse-quently the Chief Inspector wrote a letter to the District Magistrate forwarding two complaints against Matlooh Husain and the other two applicants one complaint for breach of Rule 3 and the other complaint for breach of Rules 6 and 13. The letter of the Chief Inspector along with the two complaints was sent by the District Magistrate to the City Magistrate for disposal and thereupon the City Magistrate started proceedings against the applicants. There is no force whatsoever in the contention that the City Magistrate took cognizance of the offence on one complaint only. The two complaints were attached to the letter of the Chief Inspector and b...
Prakash Chandra Vishnu Kumar Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Sep-03-1958
Reported in: AIR1959All205
Raghubar Dayal, J. 1. This is a special appeal against an order of Mr. Justice Tandon dismissing a petition under Article 226 of the Constitution subject to his finding that a certain condition laid down in the permit issued by the Regional Transport Authority to the petitioner was invalid.2. The petitioner firm was granted a private carrier's permit by the Regional Transport Authority, Kumaun Region. The conditions mentioned in permit are 'Shall ply on specified route. Shall not ply on hire or reward. Shall not carry restricted commodities without permit. Rules of the road must be observed. Shall observe all the conditions laid down under Section 59(3) to (f) of M. V. Act 1939. Application for renewal of permit should be presented before this authority at least one month before the date of expiry. A log book should also be maintained and kept with the vehicle. A copy of the log book should also be submitted to this office fortnightly according to the columns prescribed by the Rule T. ...
Mahabir Vs. State
Court: Allahabad
Decided on: Sep-03-1958
Reported in: AIR1959All783; 1959CriLJ1390
ORDERM.C. Desai, J.1. The applicant challanges his conviction for the offence of section 5 Telegraph Wires Act only on one ground, namely, that histrial was barred by section 403, Cr. P. C. The ground arises in these circumstances. The applicant was once before tried for the same offence on the basis of a sanction obtained from the Senior Superintendent of Police. Under the law he could be tried on a sanction from the Superintendent of Police. The trial court convicted the applicant and he filed an appeal.In the appellate court he took the plea that the sanction having been given by the Senior Superintendent of Police was invalid because 'Senior Superintendent of Police is not the same thing as' Superintendent of Police. Some how or other this plea was accepted by the appellate court and it set aside the applicant's conviction and acquitted him. Thereupon the prosecution obtained it sanction from the Sub Divisional Officer Telegraph, who is another authority competent to sanction prose...
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