Allahabad Court May 1959 Judgments
Nageshwar Dwivedi Vs. State and anr.
Court: Allahabad
Decided on: May-28-1959
Reported in: AIR1960All71; 1960CriLJ184
ORDERB. Mukerji, J. 1. This is an application in revision by Nageshwar Dwivedi, an M.L.A. of Jaunpur, against the concurrent orders of the Magistrate and the learned Sessions Judge of Jaunpur dismissing, his complaint on the ground that the complaint could not be filed in the Court of the Magistrate nor could it be tried by that Court but could only be filed and tried in the Court of Sessions and that too through the Public Prosecutor. 2. The facts giving rise to this petition may be shortly stated thus. Nageshwar Dwivedi was an M.L.A. from Jaunpur. He wished to contest the election on the Congress ticket again and therefore he appears to have applied to the 'High Command' for the necessary ticket to stand as a Congress candidate. Matabadal Singh who is a resident of the area from which Nageshwar Dwivedi had been elected to the Vidhan Sabha wrote an article or a letter in a Hindi weekly, named 'Tandava' which is printed and published by Sadanand Pande as the Publisher and Editor of the...
Tag this Judgment!Biroo and anr. Vs. State
Court: Allahabad
Decided on: May-21-1959
Reported in: AIR1960All509; 1960CriLJ1059
ORDERB. Mukerji, J. 1. This is a reference by the learned Second Additional Judge of Varanasi recommending that the conviction of Biroo and Munnoo under Section 323/34 I. P. C. and their sentences of on a month's rigorous imprisonment and a fine of Rs. 50/- each be set aside.2. The facts giving rise to this reference may briefly be stated thus. On 29-1-1956 the two accused Biroo and Munnoo were alleged to have given a beating to one Bitan Banerji, Banerji thereafter made a report to the police. The officer-in-charge of the police station thought it desirable to seek permission of a Magistrate to investigate under the provisions of Section 155 Cr. P. C. He therefore put up a report before the Sub-Divisional Magistrate of Rasra. One Dr. P. Anandaraja was the Sub-Divisional Magistrate of Rasra at the time and all he did in the matter was to write on the police report a single word 'Permitted'. The police investigated the matter. Thereafter a charge-sheet was put in by the police against t...
Tag this Judgment!Akhil Kumar Bhattacharya Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: May-20-1959
Reported in: AIR1960All193
ORDERJagdish Sahai, J.1. The petitioner Akhil Kumar Bhattacharya is a Graduate of Arts. He joined the service of this Court in the year 1927 as an assistant. At that time there was no time-scale of pay for the assistants working in this Court. There were fixed grades of pay (hereinafter referred to as the pre-1931 grades). On27-2-1933 the U.P. Government issued G.O. No. 1752/VII-2665(i)-1931 introducing two grades of pay for the general section of the High Court office instead of the existing one common grade. These grades were termed as superior and subordinate. Similarly, for the translation department two grades known 33 senior and junior were introduced instead of the one common grade which existed at that time. The G.O. provided that the revised grades will take effect from 1-4-1933. With a view to fill up the posts in the superior grade, the then Chief Justice, the late Sir Shah, M. Sulaiman, decided to have an examination held. On 15-11-1933 the then Deputy Registrar of the High...
Tag this Judgment!Jai Kishan Srivastava Vs. Income-tax Officer, Kanpur and anr.
Court: Allahabad
Decided on: May-15-1959
Reported in: AIR1960All19; [1960]40ITR222(All)
Bhargava, J.1. These two connected writ petitions under Article 226 of the Constitution have been referred for decision to the Full Bench as they raise important questions relating to the validity of certain provisions of the Income-tax Act, (hereinafter referred to as 'the Act.'). For convenience, I am giving the facts of one of these writ petitions which is numbered 397 of 1955 in which the petitioner is Jai Kishan Srivastava. The petitioner, on the basis of return submitted by him to the Income-tax Officer, Kanpur, was assessed to tax for the assessment years 1940-41 to 1946-47.Thereafter. On 17-5-1948, he received notices from the Secretary, Income-tax Investigation Commission by which he was informed that his case had been referred to the Commission under Section 5(1) of the Taxation on Income Investigation Act, 1947: By these notices, the petitioner was directed to furnish to the Income-lax Investigation Commission certain information and to comply with certain other requirements...
Tag this Judgment!Kishorilal Vs. State Through P.W.D. District Engineer, Jalaun at Orai
Court: Allahabad
Decided on: May-13-1959
Reported in: AIR1960All244
ORDERD.S. Mathur, J. 1. These are two references under Section 438 Cr. P. C. which have been registered as Nos. 90 and 91 of 1959, by the Additional District Magistrate of Jalaun with the recommendation that final orders passed, by the Tahsildar Magistrate, Kal-pi, in two separate proceedings under Section 133 Cr. P. C. against Kishori Lal and Ram Singh, respectively, be set aside and the Magistrate directed to proceed afresh according to law. 2. The District Engineer (P.W.D.), Orai, submitted reports for taking proceedings under Section 133 Cr. P. C. against Kishori Lal and Ram Singh for having made encroachments on a public way. These reports were taken cognizance of by the Sub-Divisional Magistrate, Kalpi, and in both he ordered that a notice be issued to the opposite party requiring him to remove the encroachment within 15 days or to appear before the Tahsildar-Magistrate Second Class, Kalpi, on the date specified in the order. Kishori Lal put in his appearance on 1-10-1958. and fi...
Tag this Judgment!Kishorilal Vs. State Through P.W.D. District Engineer
Court: Allahabad
Decided on: May-13-1959
Reported in: 1960CriLJ450
ORDERD.S. Mathur, J.1. These are two references Under Section 438 Cr.PC. which have been registered as Nos. 90 and 91 of 1959, by the Additional District Magistrate of Jalaun with the recommendation that final orders passed by the Tahsildar Magistrate, Kalpi, in two separate proceedings Under Section 133 Cr.PC. against Kishori Lai and Ram Singh, respectively, be set aside and the Magistrate directed to proceed afresh according to law.2. The District Engineer (P.W.D.), Orai, submitted reports for taking proceedings under Section 133 Cr.PC, against Kishori Lai and Ram Singh for having made encroachments on a public way. These reports were taken cognizance of by the Sub-Divisional Magistrate, Kalpi, and in both he ordered that a notice be issued to the opposite party requiring him to remove the encroachment within 15 days or to appear before the Tahsildar-Magistrate Second Class. Kalpi, on the date specified in the order. Kishori Lai put in his appearance on 1-10-1958, and filed a written...
Tag this Judgment!H. Watts Vs. B.N. Rai and anr.
Court: Allahabad
Decided on: May-12-1959
Reported in: AIR1960All200
ORDERS.S. Dhavan, J.1. These are two connected petitions under Article 226 of the Constitution praying for the quashing of two different orders passed by the City Magistrate of Kanpur acting as the authority under Section 15(1) of the Payment of Wages Act (No. 4 of 1936). As the same questions of law arise in both these cases and the facts are very largely similar, they are being disposed of by a single judgment. The impugned orders were passed under Section 15(3) of the Payment of Wages Act directing the petitioner to pay a certain sum of money alleged to be due to some workmen in each case. In petition No. 488 of 1959 the amount directed to be paid is Rs. 35681-19 N. P. and in petition No. 489 of 1959 Rs. 2,27,271.95 N. P. The petition in each case is supported by an affidavit containing allegations which are more or less identical. The petitioner's case as contained in these affidavits is this:2. Mr. H. Watts (the petitioner) is the Manager of the Muir Mills Company Limited, Kanpur ...
Tag this Judgment!Sheo Kumar Vs. Vishwa Nath Singh and ors.
Court: Allahabad
Decided on: May-12-1959
Reported in: AIR1960All217
Niamatullah Beg, J. 1. This appeal has been filed by Shiv Kumar who was a defendant in a mortgage suit in which the relief for foreclosure was claimed by the mortgagee. The appellant was arrayed as a defendant along with other defendants also who belonged to the family of the mortgagor. On 15-3-1948 the trial court passed a preliminary decree for foreclosure in favour of the plaintiff directing that an amount of Rs. 4181/5/3 be deposited by the judgment-debtors in court on or before 15-9-1948 failing which a final decree of foreclosure would be passed. It appears that the judgment-debtors failed to make the deposit by 15-9-1948. They made various deposits of small amounts on various dates by making prayers for extension of time to the court or by making compromise with the decree-holder to the effect that time may be extended. The various instalments of money thus deposited by the judgment-debtors eventually amounted to a sum of Rs. 2500/-.In the end the court refused to give the judgm...
Tag this Judgment!Jadunandan Prasad Vs. General Manager, North Eastern Railway, Gorakhpu ...
Court: Allahabad
Decided on: May-08-1959
Reported in: AIR1960All179
J.K. Tandon, J.1. A preliminary question has arisen, as regards the amount of court-fee payable on the petition in this and some other connected petitions owing to the recent amendment made by the State-Legislature in the Court Fees Act, 1870. By the U. P. Second Amendment Act, 1958 which came into force with effect from 1st of April 1959 the State Legislature has made a number of changes in the parent Act as applicable to thisState. One of the changes effected is in Schedule II. Clause (e) of Article 1 of Schedule II of the Act, as itwas prior to the Amendment Act and as it is now, reads as under:Old.Amended.1. Application or petition.(e) When presented to a High Court :Application or petition.(e) When presented to a High Court.(1) Under the Indian Companies Act, 1913 (Act VIIof 1913), for winding up a company.Sixty two rupees eight annas.(1) Under the Companies Act, 1956, lor the windingup of a company.One hundredrupees.(2) Under Section 115 ofthe Code of Civil Procedure,1908 (Act V ...
Tag this Judgment!Dan Singh Bist Vs. Additional Collector, Bijnor and ors.
Court: Allahabad
Decided on: May-06-1959
Reported in: AIR1960All152
ORDERB.R. James, J.1. Has the High Court the power to recall and correct an invalid or manifestly erroneous order passed by it in the exercise of its jurisdiction under Article 226 of the Constitution, is the problem which these four applications raise, a problem which I confess is not capable of an easy solution inasmuch as it is not covered by authority.2. The circumstances which have led to these applications fire briefly these. One Thakur Dan Singh Bist held zamindari rights in two villages in district Bijnor. The State Government acquired his rights under the provisions of the Land Acquisition Act, but by certain orders of 1952 and 1955 released cultivatory rights in his favour in respect of a certain area in the two villages, & he utilised this area as a modern farm. Subsequently the State Government decided to evict him from the land and to recover damages for its use and occupation. Accordingly proceedings, were started against him under the U.P. Government Land (Eviction and R...
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