Allahabad Court March 1959 Judgments
Seoti Prasad Vs. Dr. Raghubir Datt Sharma, President Municipal Board, ...
Court: Allahabad
Decided on: Mar-24-1959
Reported in: AIR1960All273
ORDERJ.K. Tandon, J. 1. In both these petitions the petitioner is Sri Seoti Prasad, Executive Officer of the Municipal Board at Farrukhabad. He has been on that post since 1940. Dr. Raghubir Datt Sharma, respondent No. 1 in petition No. 2098 of 1958, is the President of the said Board to which office he was elected in 1957. Prior to that Dr. Sarin, who is not a party here, used to be the President for some years. The petitioner has alleged that there was professional rivalry between Raghubir Sharma, on the one hand, and Dr. Sarin, on the other. Raghubir Dutt Sharma was also a member of the Board during the period Dr. Sarin was the President and according to the petitioner Dr. Raghubir Datt Sharma was always eager to discredit Dr. Sarin's administration and to that end in view he wanted the petitioner also to help him in his plans which he did not accept. With this background when Dr. Raghubir Datt Sharma assumed the office of the President of the Board in 1947 he soon after manoeuvred ...
Tag this Judgment!Thakurji by Budhsen and anr. Vs. Parmeshwar Dayal, After Him His Son L ...
Court: Allahabad
Decided on: Mar-24-1959
Reported in: AIR1960All339
Roy, J.1. These are three connected First Appeals by the defendants. They arise out of a suit which had been instituted by two plaintiffs, Parmeshwar Dayal and Rai Amar Nath Agarwal, in which various relief were claimed inclusive of possession over certain property and mesne profits. Parmeshwar Dayal claimed as the nearest reversioner of Rai Partap Chandra who was the last male-holder of this property, and Rai Amar Nath Agarwal came as an assignee from Parmeshwar Dayal to the extent of 6/16th share in the said property by a deed dated the 21st of November, 1944, executed in his favour.2. Rai Pratap Chandra, who was the last male-holder of this estate known as the Phulpur estate, was a twice-born Hindu governed by the Mitak-shara School of Hindu Law. He was the only son of Rai Manik Chand. The collaterals of the family lived separate from them for a long period. Rai Pratap Chandra died on the 3rd of January, 1901 at the age of about thirty years, leaving behind his widow Rani Gomti Bibi...
Tag this Judgment!Firm Thakur Das Sunder Das Vs. Sales Tax Officer
Court: Allahabad
Decided on: Mar-24-1959
Reported in: [1959]10STC432(All)
The Judgment of the Court was delivered byM.L. Chaturvedi, J.1. This petition, some other similar petitions in which notices had been ordered to be issued, and a number of others in which notices had not been ordered to be issued, were put up together, as the learned counsel for the petitioners proposed to argue the same points in all these petitions. In the present petition as well as in some others, grounds have not been taken to the effect that the impugned Act was void, as it contained unauthorised delegation of power and was inconsistent with Article 14 of the Constitution. But in all the cases in which notices have not been issued, these two points have also been taken. The learned counsel for the petitioners, Mr. Jagdish Swarup, argued the above first two points and, after he had concluded his arguments, the learned Junior Standing Counsel raised an objection that, in the petitions in which the above two points had not been taken in the grounds, the learned counsel should not be...
Tag this Judgment!The Upper India Coupar Paper Mills Co. Ltd. Vs. J.C. Mathur
Court: Allahabad
Decided on: Mar-23-1959
Reported in: AIR1959All664
Nasirullah Beg, J. 1. This is a plaintiffs first appeal. The suit out of which this appeal has arisen was filed by the Upper India Couper Paper Mills Co. Ltd., which is a company carrying on the business of manufacturing paper. The defendant in the suit was Sri J. G. Mathur, an employee of the company. The prayer in the plaint was that a decree for perpetual injunction be passed against the defendant restraining him from claiming or recovering any salary, wages etc., from the plaintiff company for the period commencing from the 19th day of October, 1948, by getting any coercive process issued against the plaintiff company for toe realisation of any amount on account of such salary or wages as aforesaid, or otherwise. The plaintiff also prayed that costs of the suit or any other relief that the. Court might consider just and proper might be awarded to the plaintiff company.2. The background of facts which are not disputed by the parties and which have given rise to the present suit may ...
Tag this Judgment!Smt. Abida Begam and ors. Vs. Rent Control and Eviction Officer, Luckn ...
Court: Allahabad
Decided on: Mar-23-1959
Reported in: AIR1959All675
V.D. Bhargava, J. 1. This is a special appeal against the decision of a learned single judge of this Court in a second appeal filed by the plaintiff, who had filed a suit for injunction restraining the defendant No. 2, Ram Khelawan, from obtaining possession of the room in dispute, under an allotment order passed in his favour by the Rent Control and Eviction Officer, Lucknow, and an order of permanent injunction restraining the Rent Control and Eviction Officer,defendant No. 1, from enforcing the order of allotment in favour of Ram Khelawan.2. The suit was dismissed by both the courts below as well as by the learned single Judge. Hence this special appeal.3. The plaintiff, Abban Saheb, came on the allegation that he. was the owner of a certain house of which the room in dispute was a part. He was in occupation of the entire house except this room. It has previously been let out to one Nand Kishore about 12 or 13 years back from the date of the suit. After some protracted litigation th...
Tag this Judgment!income-tax Officer Vs. Joti Prasad Agarwal and ors.
Court: Allahabad
Decided on: Mar-20-1959
Reported in: AIR1960All84; [1962]44ITR574(All)
Bhargava, J.1.By this petition the petitioner, The Income-tax Officer 'B' Ward, Mathura has prayed for issue of a certificate under Article 132(1) or Article 132(1)(b), or (c) of the Constitution in respect of a judgment and the order of this Court dated 26-8-1958 in a writ petition under Article 226 of the Constitution, In the petition the prayer was for quashing certain assessment orders and that petition was allowed by the order.2. When this application came up for hearing we first examined the question whether a certificate under Article 132(1), of the Constitution could be granted. A certificate under that article can only be granted if the case involves a substantial question of law of the interpretation of the Constitution. The order passed by this Court on 26-8-1958, shows that no substantial question of law as to the interpretation of the Constitution arose, nor can any such question arise in an appeal before the Supreme Court. The question of law that came up for decision rel...
Tag this Judgment!Abdul Jabbar Khan Vs. State of Uttar Pradesh Through Deputy Commission ...
Court: Allahabad
Decided on: Mar-20-1959
Reported in: AIR1960All123
N.U. Beg, J.1. This is a special appeal. The appellant in this special appeal was the petitioner in this Court. It appears that the petitioner was a candidate for the post of apprenticeship in the Collectorate. A preliminary examination was held by the Collectorate for the purpose of recruitment of candidates for this post. In this preliminary test examination the petitioner had appeared.He was declared successful. He was required to report. He accordingly reported himself on the 60th February, 1958. No work, however, was entrusted to him. He made two representations on 27th June, 1958, and 27th July, 1958. He did not receive any reply. Eventually on 8th September, 1958, he received a communication informing him that the examination in which he had appeared had been cancelled owing to certain irregularities. Thereupon the petitioner came to this Court and moved the writ petition out of which this appeal has arisen.In the writ petition the prayer of the applicant was that a writ of cert...
Tag this Judgment!Sidhnath Mehrotra Vs. Board of Revenue
Court: Allahabad
Decided on: Mar-20-1959
Reported in: AIR1959All655
A.P. Srivastava, J. 1. This is a reference by the Board of Revenue under Section 57 of the Indian Stamp Act, 1899. 2. Several persons, who were carrying on business in the name of Messrs. Munna Lall and Sons, were lessees of a plot of land situated in Qasimganj, Kanpur. On a portion of that plot they had constructed an oil mill known as Sri Govind Oil Mills. In another portion they had an ice and cold storage factory in respect of which they had taken two persons Sri Shyam Sunder Gupta and Sri Satya Prakash Gupta as their partners. The entire land as well as the constructions standing upon it were equitably mortgaged with the Chartered Bank of India, Australia and China in the year 1938. By the year 1952 a sum of over Rs. 10,00,000/-was due to the bank in respect of the mortgage. When the bank started insisting on the repayment of its dues the mortgagors decided to sell all their rights in the Sri Govind Oil Mills as well as in the Kanpur Ice and Cold Storage Factory in favour of Messr...
Tag this Judgment!Ramji Malviya Vs. Smt. Munni Devi Malviya
Court: Allahabad
Decided on: Mar-20-1959
Reported in: AIR1959All767; 1959CriLJ1386
ORDERM.C. Desai, J. 1. This is an application by a husband who has been ordered under Section 488 Cr. P. C., by a Magistrate to pay to his wife maintenance at the rate of Rs. 40/- per month. The marriage is admitted and it is also admitted that the wife has been living with her parents since 1951. There were two issues of the union, a son and a daughter; the wife left the matrimonial home in 1950-51 or earlier with the son, leaving the daughter with the husband. The son died while in her custody arid the daughter is being brought up by the husband. The wife complained that she was beaten and turned out by the husband in 1951 because she was ugly; to prove this she examined only her brother, who, however, could not give any evidence as an eye-witness because be was not present at the time when the wife left the husband's home. The wife did not care to come into the witness-box to depose about the circumstances in which she left her husband. The husband came into the witness-box and depo...
Tag this Judgment!Bishwa Nath Gupta Vs. Basdeomal Jogdhian
Court: Allahabad
Decided on: Mar-19-1959
Reported in: AIR1960All68
D.K. Roy, J. 1. This revision came up before one of us, but, having regard to the importance of the question involved in it, it was referred to a Bench for decision. Shortly put, the question which has been raised in at is whether the Munsif acted illegally and with material irregularity in coming to the conclusion that the matter in dispute was not covered by the definition of 'debt' under Section 2(6) of the Displaced Persons (Debts Adjustment) Act, No. LXX of 1951, and in refusing to stay the proceedings in the suit under Section 15 of the Act. 2. The facts which gave rise to this revision may be briefly stated. Messrs. Basdeomal Jogdhian instituted suit No. 518 of 1951 against Bishwanath Gupta and Brindaban Gupta on the 12th of September, 1951, in the court of the Munsif of Dehradun for dissolution of partnership and for accounts. The suit was defended by Bishwanath Gupta alone. During the pendency of the suit Bishwanath Gupta made an application under Section 5 of the Displaced Pe...
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