Allahabad Court January 1959 Judgments
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Tharoo Lal and anr. Vs. State
Court: Allahabad
Decided on: Jan-20-1959
Reported in: 1962CriLJ126
ORDERA.N. Mulla, J.1. Sri Tharoo Lal, occupier Nawabganj Sugar Mills, district Gonda and Sri Ram Sundar Lal Tewari, the weighment clerk at Ragarganj purchasing centre of Nawabganj Sugar Mills, have been convicted under Section 22 of the U.P. Sugarcane (Regulation of Supply and Purchase) Act of 1953 for a breach of Rule 96(1)(f) of the U.P. Sugarcane (Regulation of Supply and Purchase) Rules of 1954. Sri Tharoo Lal has been sentenced to a fine of Rs. 1,000/-, in default five months' simple imprisonment, and Ram Sundar has been sentenced to a fine of Rs. 500/-, in default three months' simple imprisonment. They have come up in revision against this order of conviction.2. Briefly stated, the facts of the case are that Sri Tharoo Lal is the occupier of Nawabganj Sugar Mills and Ram Sundar Lal, the other applicant, is the weighment clerk of the said mills at the Ragarganj purchasing centre. On the 24th March, 1955, Sri Man Singh, Sugarcane Inspector Gonda, paid a surprise visit to the Ragar...
Raj Kumar Mohan Singh and anr. Vs. Sardar Ali Khan and anr.
Court: Allahabad
Decided on: Jan-19-1959
Reported in: AIR1959All466
B. Mukerji, J. 1. This is an execution first appeal arising out of an order of the Civil Judge, Malihabad at Lucknow, dated 24-2-1951 whereby he dismissed an application of the decree-holder appellant for the transfer of a decree from his court to the court of the Civil Judge, Bahraich.2. It is necessary to state a few facts in order to appreciate the questions that arose for determination in this appeal.3. A decree for money was passed on 6-5-1931 for a sum of Rs, 246203/- odd, in favour of Raja Bahadur Bushimalh Saran Singh of Tiloi against Khan Bahadur Mohammad Ali Khan of Aliabad Estate in Baharich District. The first application for execution was made in the year 1932 which, however, proved abortive. But it appears that on 10-8-1933 a sum of Rs. 44129/- odd, were received by the decree-holder towards part satisfaction of the decree.4. In 1935 the judgment debtor died and on 10-10-1956 the decree-holder applied for substitution of two individuals in the place of the original judgme...
Babu Ram Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Jan-19-1959
Reported in: AIR1959All672
R. Dayal, J. 1. This is a special appeal against an order of Mr. Justice Tandon dismissing a petition under Article 226 of the Constitution.2. Babu Ram, the appellant, was declared elected Pradhan of Gram Sabha Rutha as a result of an election held in 1955. Himmat Gir, respondent No. 3, filed an election petition before the Sub-Divisional Officer and challenged the appellant's election on the ground that he was less than thirly years of age at the time of his election to the office of Pradhan. The Sub-Divisional Officer found on the basis of evidence before him that the appellant was actually less than thirty years of age at the time of his nomination and consequently allowed the election petition, set aside the election of the appellant and declared Himmat Gir to be the duly eletced Pradhan of village Rutha. The appellant then filed the writ petition and prayed for the quashing of this order of the Sub-Divisional Officer.3. The grounds against the correctness of the order of the Sub-D...
Lala Dhanpat Rai and ors. Vs. State
Court: Allahabad
Decided on: Jan-16-1959
Reported in: AIR1959All425; 1959CriLJ806
ORDERA.N. Mulla, J. 1. Lala Dhanpat Rai and three other applicants have come up in revision before this court praying that complaint pending against them be dismissed and they be acquitted. 2. The facts of the case are as follows : The four applicants are being prosecuted under Section 9(2)of the U. P. Entertainment and Betting Tax Act, 1937, in the Court of the Sub-Divisional Magistrate, Lucknow. This complaint is filed as required by law by the District Magistrate Lucknow who is a public servant. Summonses were issued to the applicants. When the case came before the Sub-Divisional Magistrate, Lucknow and they appeared on differtent dates before him the District Magistrate who was the complainant in this case did not personally attend the Court of the Sub-Divisional Magistrate on any of the hearings. On 4-6-1958, which was one of the dates fixed for the hearing of this case an application was given by the applicants that the case against them should be dismissed and they should be acq...
Shyam Kumar Verma Vs. S.P. Misra
Court: Allahabad
Decided on: Jan-12-1959
Reported in: AIR1959All498
A.P. Srivastava, J.1. This is an application under Sec, 25 of the Provincial Small Cause Courts Act. It came up for hearing first before Mr. Justice Gurtu but he felt it desirable that it should be heard by a Division Bench. It has consequently come up before us.2. The applicant and the opposite parties entered into an agreement on 1-8-1950 which provided as follows :'We the undersigned have this day taken a brand new Hind gents cycle complete with Dunlop tyres and tubes, Dunlop saddle, original fittings, back carrier, bell and gear cover on hire at Rs. 12/8 per month from the Alliance Agencies, Lucknow. It has been agreed as follows : 1. That the hirers will pay the hire in advance within the first week of each month.2. That if the hire is paid regularly without any break for a period of 12 months, and when a total sum of Rs. 148/- has been paid, the amount of hire paid will be treated as sale money, and the hirer No. 1 will automatically become the owner of the bicycle.' 3. In pursua...
Hardeo and ors. Vs. the State
Court: Allahabad
Decided on: Jan-12-1959
Reported in: AIR1959All611; 1959CriLJ1133
ORDERV.G. Oak, J. 1. This is a revision by Harden and five others, who have been convicted and sentenced by a learned Magistrate under Sections 347, I.P.C., 323/ 149, I. P. C. and Section 24, Cattle Trespass Act read with Section 149, I. P. C. These persons filed a revision against the order of conviction. That revision was disposed of by the learned Additional Sessions Judge of Varanasi. The operative part of the order of the learned Additional Sessions Judge ran thus : 'Accordingly, I refer the case to the Hon'ble High Court under S. 438, Cr. P. C. with the recommendation that the conviction and sentence of the fine awarded by the learned Magistrate under S. 149 read with S. 24 Cattle Trespass Act, be set aside ..... In other respects the revision isrejected; the convictions and sentences of the petitioners under Sections 147 and 323 read with Section 149 I.P.C. are maintained. They are to deposit the fines, thereunder, within a period of two weeks.' 2. The reference made by the lear...
Rameshwar Prasad and ors. Vs. Shyam Beharilal Jagannath Cloth Merchant ...
Court: Allahabad
Decided on: Jan-07-1959
Reported in: AIR1960All741
D.N. Roy, J.1. This is a plaintiffs' second appeal arising out of a suit for ejectment and rent in respect of House No. 49/19 situate in Generalganj in Kanpur. Messrs. Manni Lal Beni Madho defendant No. 1 had been a tenant of the plaintiffs in this house on a monthly rent of Rs. 70/- per month. The tenancy had been from month to month beginning from the first of each Hindi calendar month. On the date of the suit, rent had fallen in arrears to the extent of Rs. 420/- and it had not been, paid by defendant No. 1 in spite of demand. Defendants No. 1 had led defendant No. 2, namely, Messrs Shyam Behari Lal Jagannath into occupation of the premises as a sub-tenant.The date when the sub-tenancy began was the subject of dispute between the parties. Whereas the plaintiffs had contended that the sub-tenancy began after the 1-10-1946 without their knowledge and consent, the defendants contended that the subtenancy began in August, 1946, with the permission of the plaintiffs. The question became ...
Sarwat Yar Khan Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Jan-06-1959
Reported in: AIR1959All493
Raghubar Dayal, J. 1. Sarwat Yar Khan filed an application under Section 20 of the Indian Arbitration Act on the 16th oi August 1954 before the District Judge of Kumaur. alleging that on the 8th of May 1949 the Deputy Commissioner Nainital abruptly cancelled the lease executed by the latter in favour of the appellant on the 7th of July 1945 and took possession of the land along with the houses built by the appellant and the groves and other trees that stood on the land. He also alleged that according to the terms of the lease he was entitled to compensation. He represented to the respondents about his claim for compensation and when they paid no heed to his request he made the aforesaid application praying that the agreement of reference to arbitration contained in the lease deed be filed and a reference be made to the Board of Revenue for determining fhe amount of compensation to which the appellant was entitled.2. The opposite parties contested the application. They accepted the alle...
Raja Bahadur Kishori Ram Singh Vs. G.C. Agarwala and anr.
Court: Allahabad
Decided on: Jan-06-1959
Reported in: AIR1960All602; 1960CriLJ1281
ORDERS.S. Dhavan, J.1. This is a petition under Article 226 of the Constitution praying for the quashing of an order dated 13-9-1958 passed by Mr. G. C. Agarwala, District and Sessions Judge, Kheri, acting as Election Tribunal, Aligarh, directing that a complaint be filed to the proper Court under Section 195 of the Code of Criminal Procedure against the petitioner for having committed perjury in violation of Section 193 of the Indian Penai Code.2. The facts as stated in the affidavit supporting the petition are these : The petitioner was elected to the Uttar Pradesh Legislative Assembly from Iglas Constituency in the district of Aligarh in the last general election. Sheddan Singh, who was one of the defeated candidates, filed an election petition against the petitioner which was referred for decision to the Election Tribunal (Sri G. C. Agar-wala, respondent No. 1). The tribunal pronounced judgment on 6-1-1958 allowing the petition and setting aside the petitioner's election and declar...
Mt. Ladli Begum and anr. Vs. Sunder Lal and anr.
Court: Allahabad
Decided on: Jan-05-1959
Reported in: AIR1959All764
Gurtu, J. 1. This is a mortgagors' appeal in a suit for sale on foot of a mortgage deed executed by the mortgagors-defendants in favour of the plaintiffs-mortgagees on the 1st of October, 1928, for a sum of Rs. 15,000. 2. In their plaint the mortgagees have set out the particulars of the mortgage and have shown that amount of mortgage money was Rs. 15,000/-, It is alleged in the plaint that out of the mortgage consideration Rs. 11,500, were left for payment to Lala Ramchander, but out of that Rs. 11,500/-only a sum of Rs. 11,346/4/- was paid and Rs. 40/-was spent in the execution and completion of the acquittance. In this way Rs. 11,386/4/- were paid and the amount which was actually paid has been included in the account. The rest of the mortgage consideration, according to the mortgage deed, was made up in such a way that Rs. 1875/- were paid before the Sub-Registrar, Rs. 1200/- was in respect of other debts and Rs. 1500/-was taken for redeeming some ornaments which had been pledged. ...
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