Allahabad Court August 1959 Judgments
Rustam Ali Vs. State
Court: Allahabad
Decided on: Aug-31-1959
Reported in: AIR1960All333; 1960CriLJ768
D.N. Roy, J. 1. This is an appeal by Rustam Ali who has been convicted under Section 302, I.P.C. for the murder of Om Prakash, son of Dhani Ram, aged about' four years, and sentenced to death; and who has also been convicted under Section 307 for a brutal attack onSarju Prasad with the intention of killing him and has been sentenced to three years' rigorous imprisonment. Along with the appeal there is a reference by the learned Sessions Judge for the confirmation of the death sentence. 2. The appellant was employed in the Cooper Alien Mills at Kanpur and he was occupying one of the quarters in a settlement meant for the labouring classes known as the Allenganj Settlement. On 25-4-1957 when most of the menfolk residing there had gone away to the Mills to attend to their duties the appellant, it is said, came out of his quarters at about 7 A.M. armed with a Gandasa. It is said that Sarju Prasad P.W. 2 who was living with his brother in the Allenganj Settlement was sitting on his bed in f...
Tag this Judgment!Ram Prakash Vs. Shambhu Dayal Agarwal and anr.
Court: Allahabad
Decided on: Aug-31-1959
Reported in: AIR1960All395
S.S. Dhavan, J. 1. This is a defendant's second appeal against a decree for ejectment. It is necessary to state very briefly the facts which have led to this appeal. Sri Sharnbhu Dayal, the plaintiff respondent is the owner of bunglow No. 306 in the Civil Lines, Jhansi. It was let out to Sri Sudhundar Kumar Varma defendant-appellant No. 1. It is common ground that, after the partition of India, his brother-in-law Ram Prakash came from Pakistan to live with him at Jhansi. He is defendant No. 2 in the suit for ejectment and a pro forma respondent in the appeal. He has also filed an appeal against the decree for ejectment on his own behalf.Both these appeals are being heard together and this judgment will govern both. The whole controversy centres round the terms and conditions under which Ram Prakash, the refugee from Pakistan, was admitted into the house by his brother-in-law. Sri S.K. Varma the appellant. It is common ground that Ram Prakash came to live with his brother-in-law about 1...
Tag this Judgment!Pt. Sidh Nath Shukla Vs. Punjab National Bank of India Ltd.
Court: Allahabad
Decided on: Aug-29-1959
Reported in: AIR1960All238
A.P. Srivastava, J. 1. This is a plaintiff's appeal that arises out of a suit to recover Rs. 6,300/- from the defendant. 2. On the 10th of September 1947 the plaintiff paid in the sum of Rs. 6,000/- to the defendant bank at its Nayaganj Branch in the city of Kanpur for the preparation of a draft in the name of one Dr. Ram Narain of Lucknow, A draft bearing No. 56/47 was prepared for Rs. 6,000/- and was handed over to the plaintiff. The plaintiff retained the draft with himself and did not hand it over to Sri Ram Narain. He informed the defendant that the draft should be cancelled and the money paid back to him. He also offered to furnish an indemnity bond for the amount though he contended that it was not necessary. The defendant bank, however, refused to pay the amount to the plaintiff. The plaintiff therefore sought to recover Rs. 6,000/- the amount originally deposited by him for the purchase of the draft and Rs. 300/- interest thereon at the rate of six per cent, per annum. The tot...
Tag this Judgment!Rajendra Singh and anr. Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Aug-29-1959
Reported in: AIR1960All387; 1960CriLJ857
ORDERM.C. Desai, J.1. The applicants, who are brothers, have been convicted under Section 406, I. P. C. It has been found against them that they went to Hansraj, who is goldsmith, made a false representation to him that their mother wanted a necklace of a certain design for getting the design copied for the wife of Shyamendra applicant, that Hansraj gave them a necklace of the required design which they promised to return in the evening and that subsequently they refused to return it. It was also found that the mother of the applicants had died long ago and that Shyamendra was not married. The applicants denied having made any representation to Hansraj and having taken any necklace from him.2. It was contended that from the facts proved no offence of Section 406, I. P. C., is made out, that they may at the most be guilty under Section 420, I. P. C., and that their conviction cannot now _be altered to one under Section 420 I. P. C. because they were not charged with it.3. Section 406 I....
Tag this Judgment!Gulab Singh Vs. State
Court: Allahabad
Decided on: Aug-29-1959
Reported in: AIR1960All436; 1960CriLJ879
ORDERB.R. James, J. 1. This Reference under Section 438, Cr. P. C. by the Sessions Judge of Oral illustrates the danger, of technical legalism perpetuating an injustice, in the instant case allowing a rank trespasser to make wrongful gain at the expense of the users of a State highway. Normally I would have disposed of it in a few lines, but since, despite the dictum of Bose, J. in State of U. P. v. Mohd. Nooh AIR 1958 SC 86 that :'Justice should be administered in our Courts in a common sense liberal way and should be broad-based on human values rather than on narrow and restricted considerations hedged round with hairsplitting technicalities,'this Court is coming across an increasing number of References which rest on pure technicalities unrelated to the equities of the cases, I think it desirable to consider the present Reference in some detail so as to exlpain the principles which subordinate Courts should follow in dealing with cases under Ch. XXXII of the Code.2. The facts as rec...
Tag this Judgment!itwari Vs. Smt. Asghari and ors.
Court: Allahabad
Decided on: Aug-29-1959
Reported in: AIR1960All684
S.S. Dhavan, J.1. This is a Muslim husband's appeal against the decision of the learned District Judge, Rampur, dismissing his suit for restitution of conjugal rights against his first wife who refused to return to him after he had taken a second wife and accused him of cruelty to her. The appellant Itwari was married to Smt. Asghari about the year 1950 and lived with her for sometime. Then things went wrong and the wife ultimately left him to live with her parents; but he took no steps to bring her back and married another woman.The first wife filed an application for maintenance under Section 488 Cr. P. C. Thereupon the husband filed a suit against her for restitution of conjugal rights. For some reasons he impleaded her father and two brothers as co-defendants. The wife contested the suit and alleged that she had been turned out by her husband who had formed an illicit union with another woman whom he subsequently married. She alleged that he had beaten her, deprived her of her orna...
Tag this Judgment!U.P. Government Through the Collector, Cawnpore Vs. Lala Nanhoo Mal Gu ...
Court: Allahabad
Decided on: Aug-28-1959
Reported in: AIR1960All420
Dwivedi, J.1. The U. P. Government, the defendant, appeals. The dispute in this case relates to four plots of land situate in the city of Kanpur. They are mentioned in Schedule A to the written statement filed on behalf of the defendant. Markets are held on these plots. The plaintiff filed a suit against the defendant for damages for a breach of an agreement to let out those plots to him.The allegations in the plaint were that in August 4, 1944 the. Executive Engineer, Kanpur Division, (Lower Ganges Canal), who was in charge of the management of the aforesaid plots, invited offers for the grant of a lease of the aforesaid plots, that the plaintiff's offer, being the highest, was accepted by the Executive Engineer, Sri Shyam Lal, on behalf of the defendant, that it was settled between the plaintiff and the Executive Engineer that the plaintiff would be granted the lease of the aforesaid plots for a period of five years, that the plaintiff was asked to deposit Rs. 6126/- as six months' r...
Tag this Judgment!Sri Ram Autar Agarwal Vs. District Co-operative Sugarcane Supply Socie ...
Court: Allahabad
Decided on: Aug-28-1959
Reported in: AIR1960All500
Gurtu, J.1. On the 22nd October 1952 the appellant, Ram Autar Agarwala, filed case No. 44 of 1952 in the court of Civil Judge, Bareilly, against the District Co-operative Sugar Cane Supply Society Ltd., opposite party. The case was initiated by means of an application under Sections 30 and 33 of the Arbitration Act. The applicant alleged that he was the payment contractor for gate of H. R. Sugar Factory, Bareilly, and was appointed by the opposite party as a contractor for the year 1950-51. The terms of the contract are summarised in the application as follows :'(a) That the applicant would get commission from the opposite party at Rs. 225/- per lakh maunds on the total weight of 11 1/2 lakh maunds of sugar cane bonded at gate with the aforesaid factory. (b) That the applicant would also get from the opposite party by way of compensation at Rs. 100/-per thousand of the realisation of loans due to the Society from the cane growers. (c) That the applicant was to deposit a cash security o...
Tag this Judgment!Raman Lal, Died and After Him Kanti Chandra Vs. Shanti Lal and ors.
Court: Allahabad
Decided on: Aug-27-1959
Reported in: AIR1961All178
A.P. Srivastava, J.1. This is a judgment debtor's appeal. The decree-holders obtained a decree against the appellant and in execution of the decree they got this 3/8th share in a house attached and put up for sale. The sale was held on the 19th January 1943. It was confirmed on the 27th April 1943 in favour of Chet Ram who had purchased the property at the auction sale. On 26th November 1949 the judgment-debtor filed an objection under Section 60 C. P. C. in which he contended that he was an agriculturist and the house sold was exempt from attachment and sale under Section 60 C. P. C. He, therefore prayed that the sale be set aside and the house be released in his favour. Besides the two decree-holders Shanti Lal and Kanti Lal, Chet Ram the auction purchaser was also impleaded as a party to this objection.2. The objection was opposed on behalf of the auction purchaser as well as decree-holders and one of the points raised by them was that as the objection had been filed after the sale ...
Tag this Judgment!H.H. Sir Syed Raza Ali Khan Vs. Dr. Saran Behari Mathur
Court: Allahabad
Decided on: Aug-27-1959
Reported in: AIR1960All359
R. Dayal, J. 1. This is a reference under Section 61 of the Indian Stamp Act by the Collector of Rampur. The document in suit was executed at Rampur. This document was filed along with the plaint in suit No. 4 in the court of the District Judge, Rampur. It had stamp sheets worth Rs. 300/-. The Munsarim reported that it should have borne a stamp of Rs. 375/- under Article 15 of Schedule 1-A of the U. P. Stamp (Amendment) Act No. XVII of 1948, that the document was liable to be impounded and that it could be used in evidence only on payment of the deficient stamp duty of Rs. 75/- and the penalty of Rs. 750/-. The District Judge ordered on this report : 'Ask the plaintiff's counsel to meet the office report within a week.'The deficiency in the stamp duty and the penalty pointed out were paid within the period allowed. 2. The defendant objected later that the document was not duly stamped. The learned District Judge disallowed the objection on the finding that the alleged deficit stamp dut...
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