Allahabad Court July 1959 Judgments
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Union of India (Uoi) Vs. Smt. Azizn (Widow) and ors.
Court: Allahabad
Decided on: Jul-23-1959
Reported in: AIR1960All131
R.N. Gurtu, J. 1. Two points have been raised in this revision before us, one of limitation and the other in regard to notice under Section 77 of the Indian Railways Act. 2. A perusal of the plaint shows that the plaintiff filed this suit for damages as against the Railway on the ground that goods which had been handed over to the Railway for carriage were not delivered to the plaintiff and had been detained by the Railway. The plaint did not allege that the goods had been lost to the Railway. It appears that the goods were handed over to the Indian Railway on the 15th August 1948 on which date they were despatched from Shahzadnagar within India. When they reached Abhor inside the Indian frontier, the destination of the goods being Hyderabad Sindh, in Pakistan, a question arose whether custom duty was payable on the goods to the Indian Government. In consequence the goods were not forwarded onwards immediately by the Indian Railway, but on the 4th July 1949 the plaintiff was intimated ...
P.P. Gupta Vs. East Asiatic Co., Bombay
Court: Allahabad
Decided on: Jul-21-1959
Reported in: AIR1960All184
ORDERS.S. Dhavan, J.1. This revision, under Section 115, C. P. C. raises the important question whether the inherent power of the Civil Court to consolidate two suits between the parties is affected by Section 10 C.P.C. which enjoins that the Court shall not proceed with the trial of any suit in which the matter in issue is also in issue in a previously instituted suit between the same parties. The learned Additional Civil Judge of Agra, who is seized of both the cases, allowed the application of the respondent and directed the consolidation of two suits between the parties which had been filed on different dates. Against this order the applicant has filed the present revision on the ground that Section 10 C. P.C. is an absolute bar against such consolidation.2. It is necessary to state very briefly the facts which have led to the filing of this revision. The applicant is P. P. Gupta, proprietor of a printing press in Agra known as the Premier Press. The respondents, the East Asiatic C...
Mahabir Jute Mills Vs. Firm Kedar Nath Ram Bharose
Court: Allahabad
Decided on: Jul-21-1959
Reported in: AIR1960All254
A.P. Srivastava, J.1. This is a plaintiffs appeal that arises out of a suit for declaration.2. The plaintiff-appellant is a limited company carrying on the business of manufacturing gunny bags in the district of Gorakhpur. The defendant is a firm of Ghaziabad, district Meerut, dealing in that commodity. In April 1948 the defendant placed an order with the plaintiff for the supply of certain bales of gunny bags but the transaction fell through because no agreement could be arrived at about rates and because the defendant was unwilling to furnish security as desired by the plaintiff. The defendant again wrote to the plaintiff on the 23rd of April 1948 offering to purchase bags of D. W. Kalidhari quality at the rate of Rs. 98/- per hundred bags and D. W. 40/28 quality at the rate of Rs. 102/- per hundred bags.On getting this letter on the 26th of April 1948 the plaintiff replied that the rates were acceptable to it and it was willing to supply 50 bales of the first quality and 50 bales of...
Ram Jiwan Misra and anr. Vs. Ram Janki and ors.
Court: Allahabad
Decided on: Jul-16-1959
Reported in: AIR1960All85
Gurtu, J.1. This is a civil revision which has been referred to a Bench.2. The plaintiff brought a suit as successor of the original mortgagor to redeem the mortgage under Section 12 of the Agriculturists' Belief Act. In defence to the suit the bar of Section 11 C. P. C. was raised.3. It appears that there was a previous litigation inter partes relating to the very same plots in respect of which another mortgage had been made. The instant suit was in regard to a subsequent mortgage. When the prior suit was heard, the trial court held that the mortgage set up in the prior suit was not proved. Upon that finding the prior suit was dismissed. The plaintiff of that suit preferred an appeal and the appellate court recorded two findings in the appellate judgment. The first issue was as to whether plaintiff of that suit was the successor of the original mortgagor. This issue was answered against the plaintiff.The second question that was considered by the appellate court in that suit was wheth...
State Vs. D.N. Bhargava and anr.
Court: Allahabad
Decided on: Jul-15-1959
Reported in: AIR1960All92; 1960CriLJ187; 1960(1)ELT557(All); (1959)IILLJ700All
Sahai, J.1. This is an appeal on behalf of the State against the order of acquittal passed in favour of the respondents by the learned Civil and Sessions Judge of Allahabad for the offence of breach of Section 61 of the Factories Act 1948 read with Rule 77 of the U. P. Factories Rules of 1950.2. The facts of the case are in a very narrow compass. On 10-8-1956 Sri A. N. Misra, Inspector of Factories. U. P. visited Tirathraj Press which is situate at 93 Chowk, Allahabad, of which Sri D. N. Bhargava was the occupier and Mujib Ullah, the other respondent, manager. When Sri A. N. Misra inspected the factory he found that neither the notice of period of work according to which workers were required and allowed to work in the factory was displayed anywhere in the factory nor a copy of the same had been submitted to the Chief Inspector of Factories U. P. He accordingly made a note of it in his inspection book. A complaint was, accordingly, filed by the Chief Inspector of Factories, Sri G. D. B...
Union Construction Co. (Private Ltd.) Vs. Chief Engineer, Eastern Comm ...
Court: Allahabad
Decided on: Jul-14-1959
Reported in: AIR1960All72
ORDERJagdish Sahai, J.1. The petitioner the Union Construction Company (Private) Limited is a private limited company having its registered office in the city of Madras and is doing the business of a building contractor. It is registered as such with the Military Engineering Service (hereinafter called the M.E.S.), Eastern Command, Lucknow. During the years 1953-56 the petitioner entered into four building contracts with the military department (hereinafter referred to a,s the employer or the department) through the Chief Engineer. M.E.S., Eastern Command, Lucknow (respondent No. 1). The four contracts have been described by the letters, A, B, C and D in this judgment. According to the petitioner, the total value of the work order was Rs. 26,62,646 nP. The details of the date of tender, date of acceptance, value of work, date of work order, date of completion and the period of completion are given below:S. No.Contract No. & particulars.Date of tender.Date of acceptance.Value of work.Da...
State of Uttar Pradesh Vs. JaIn (B.S.) (Hind Trading and Manufacturing ...
Court: Allahabad
Decided on: Jul-14-1959
Reported in: (1960)ILLJ50All
S.K. Verma, J.1. The facts giving rise to these appeals are common and therefore they can be conveniently disposed of by one judgment.2. The undisputed facts giving rise to the two appeals are as follows. There Is a commercial establishment, called Hind Trading and ., situate on P. Road in the city of Kanpur. B.S. Jain, the respondent in the two appeals, is the managing director of this commercial establishment (hereinafter referred to as the establishment). In the area in which the establishment is situate, Tuesday is observed as a close day in shops and commercial establishments. On 10 September 1958 B.S. Jain sent the following letter to the Chief Inspector of Shops and Commercial Establishments, Kanpur:-Dear Sir,This is to bring to your notice that our establishment shall remain open on 11 September 1956, for a couple of hours as we have to prepare certain important statements for incometax and also for our annual audit.Sarvsri C.V.S. Krishan, V.S. Baiwar and Jag Narain who are our...
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