Allahabad Court November 1959 Judgments
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Shambhu Prasad and anr. Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Nov-11-1959
Reported in: (1960)ILLJ431All
M.C. Desai, J.1. The applicants, who are father and son and own a shop In which kerana business is carried on in the name 'Shambhu Prasad Kerana Shop,' have been convicted under Section 27 of the Uttar Pradesh Shops and Commercial Establishments Act, 1947, for not closing it on a Tuesday which Is the close day for it. There Is no dispute about the facts. It is admitted by the applicants that they are the owners of the shop, that Tuesday is a close day for it and that on the particular Tuesday they kept the shop open and carried on business. On these admissions they were convicted and were rightly convicted.2. The conviction la challenged on the sole ground that the applicants do not employ any employee in the shop and that consequently they could not be convicted under Section 27. For this proposition they rely upon Abld Ali v. the State 1958-I L.L.J. 734 in which my brother Mulla observed on p. 736:It is a misapprehension that any shopkeeper who opens his shop on a close day is per se...
Textile Traders Syndicate Ltd., Bulandshahr Vs. the State of U.P. and ...
Court: Allahabad
Decided on: Nov-09-1959
Reported in: AIR1960All405
ORDERA.P. Srivastava, J.1. This is an application under Section 561-A, Cr. P. C. The prayer is that two orders, one passed by the opposite party No. 4 on 24-10-1958 under Section 550 Cr. P. C. and the other passed by the opposite party No. 2 on 31-10-1958 under Section 95 Cr. P. C., be quashed.2. The applicant is a limited company known as Textile Traders Syndicate Ltd., Bulandshahr, and has filed the application through Sri K.L. Sharma, its Managing Director. The district authorities suspected that the applicant company was a bogus company and that certain offences punishable under Sections 420 and 406 I. P. C. had been committed in connection with it by its Managing Director Sri K. L. Sharma. Sri Dwarka Singh opposite party No. 4, detective inspector of the C.I.D. Investigating Branch was therefore authorised to investigate the matter. He started investigation and found that an account had been opened in the name of the company with the Punjab National Bank of Bulandshahr.He reported...
Textile Traders Syndicate Ltd. Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: Nov-09-1959
Reported in: 1960CriLJ871
ORDERA.P. Srivastava, J.1. This is an application Under Section 561-A, Cr, P, C. The prayer is that two orders, one passed by the opposite party No. 4 on 24-10-1958 Under Section 550 Cr.PC. and the other passed by the opposite party No, 2 on 31-10-1958 Under Section 95 Cr.PC. be quashed.2. The applicant is a limited company known,' as Textile Traders Syndicate Ltd., Bulandshahr,. and has filed the application through Sri K. L, Sharma, its Managing Director. The district authorities suspected that the applicant company was-a bogus company and that certain offences punishable Under Sections 420 and 406 IPC had been committed in connection with it by its Managing. Director Sri K. L. Sharma. Sri Dwarka Singh opposite party No. 4, detective inspector of the C. I. D. In. estimating Branch was therefore authorised to investigate the matter. He started investigation and found that an account had been-opened in the name of the company with the Punjab National Bank of Bulandshahr.He reported to ...
Ram NaraIn Vs. Mool Chand and ors.
Court: Allahabad
Decided on: Nov-06-1959
Reported in: AIR1960All296; 1960CriLJ552
ORDERA.N. Mulla, J.1. This is a reference made by the Additional District Magistrate (Judicial), Rae Bareli, recommending that the order of dismissal dated the 4th of October, 1958, passed by a Sub-divisional Magistrate in a complaint case be set aside.2. The facts of the case which led to this reference are as follows :One Ram Narain filed a complaint in the court of the Sub-divisional Magistrate, Dalmau, Raa Bareli, against the five opposite parties alleging that they had contravened the provisions of the Child Marriage Restraint Act. It was alleged that Ram Kumar, opposite party No. 4, who is the son of Kali Babu, opposite party No. 2, was married to Shrimati Rajeshwari alias Gogee, opposite party No. 5, who is the daughter of Mool Chand, opposite party No. 1. It was further alleged in this complaint that both Shrimati Rajeshwari and Ram Kumar were about 14 years of age at the time of marriage and the remaining three opposite parties celebrated this marriage in contravention of the ...
Bikram Singh and anr. Vs. Sudarsan Singh
Court: Allahabad
Decided on: Nov-05-1959
Reported in: AIR1961All150
S.S. Dhavan, J.1. This is a wife's second appeal against a decree for restitution of conjugal rights obtained by the alleged husband. The plaintiff respondent Sudarsan Singh fied a suit against the appellant Raj Mati for restitution of conjugal rights. He made the father of the girl a co-defendant. His case was that he had been married to Rajmati but that, before the 'gauna' ceremony could be performed, the father of the girl began to think of re-marrying her to some one else. The plaintiff was, therefore, compelled to file the suit for the enforcement of his conjugal rights.The appellant Rajmati contested the suit and denied that she had ever been married to the plaintiff. After hearing the evidence of the parties learned Munsif observed that some of the allegations of the plaintiff were false, and there were contradictions in his evidence but he believed his story and held that the plaintiff was the husband of the appellant. He, therefore, decreed the suit for the restitution of conj...
Pheku Vs. Gulab Das and ors.
Court: Allahabad
Decided on: Nov-05-1959
Reported in: AIR1960All596
S.S. Dhavan, J. 1. This second appeal raises the question whether the twelve years' limitation for the execution of decrees should be counted, in the case of a decree amended under Section 8 of the U. P. Debt Redemption Act, from the date of the original or the amended decree. The appeal has been filed by the judgment-debtor who contended before the execution Court that a decree-holder's application for execution was time barred if the period of limitation was counted from the date of the original decree. The objection was allowed. On appeal by the decree-holder the learned Temporary Civil Judge, Varanasi held that limitation commenced from the date of the amended decree. He allowed the appeal and dismissed the appellant's objection. Aggrieved by this decision the judgment-debtor has come to this Court in second appeal. 2. A very brief narration or facts is necessary for a proper understanding of the legal controversy between the parties. On 16-4-1935, the respondent Gulab Das filed a ...
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