Allahabad Court October 1959 Judgments
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Ek Nawaz Khan Vs. the Competent Officer, Allahabad and ors.
Court: Allahabad
Decided on: Oct-06-1959
Reported in: AIR1960All626
Kaghubar Dayal, J.1. This is a special appeal against an order of a learned Judge rejecting the appellant's petition under Art. 226 of the Constitution praying for the quashing of the order of the Competent Officer, Allahabad dated 6-5-1956 and for the issue of a writ of prohibition prohibiting the Competent Officer from proceeding further with Case No. 96 of 1953 regarding house No. CK 66/3, Benia Bagh, Phatak Sheikh Salim, Varanasi.2. The house in suit was sold by the Competent Officer Allahabad in exercise of his powers under Section 10 of the Evacuee Interest (Separation) Act (LXIV of 1951) -- hereinafter called the Act. The sale took place on 28-6-1955 and was in favour of respondents 2 and 3. The Competent Officer issued a notice to one Haq Newaz Khan and two others on 30-9-1956 informing them about the sale of the house to these respondents and directing them to pay the entire house rent at Rs. 60/- per mensem to the vendees with effect from 1-8-1955.This notice substantially co...
Ali HussaIn Vs. State
Court: Allahabad
Decided on: Oct-01-1959
Reported in: AIR1960All336; 1960CriLJ771
ORDERM.C. Desai, J. 1. This and the companion applications are directed against orders passed by a Magistrate before whom the applicants are being fried under Section 14 of the Foreigners Act for infringement of Rule 7 of the Foreigners Order, 1948, refusing to stay proceedings in the cases. All the applicants were citizens of India under Article 5 ofthe Constitution on 26-1-1950, went to Pakistanin April, 1950 and returned to India in 1955 or 1956 after obtaining passports from the Pakistan Government as citizens of Pakistan. The passportswere endorsed with visas by the Indian Diplomatic Authority in Karachi limiting the period of their stay in India. They failed to depart from India before the expiry of the periods mentioned in their visas and are now being prosecuted for their failure under Section 14 of the Foreigners Act. Applications were made on their behalf for stay of the proceedings in the cases on the grounds that they could not he held to be foreigners unless they were held...
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