Allahabad Court August 1959 Judgments
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Yagya Dutt Vs. Kamta and anr.
Court: Allahabad
Decided on: Aug-05-1959
Reported in: AIR1960All584
S.S. Dhavan, J. 1. In these two appeals Mr. S. S. Varma on behalf of the appellants has raised a question whether the revenue court was justified inremitting two issues to the civil court. According. to him, these should have been decided by the revenue court itself. Learned counsel conceded, very properly in my opinion, that the revenue court had the jurisdiction to entertain the suits and to pass any decree by way of relief. But he contended that in remitting an issue to the civil court it exceeded its jurisdiction. Mr. Varma also conceded, on a question from me, that the present appellants raised no objection when the issue was remitted to the civil court.He also stated that the appellants had gone to the civil court without protest and led evidence in support of their respective cases before it. He also admitted that the appellants raised no protest against the remission of the issue to the civil court at any stage of the suit, nor did they raise it in their appeals before the lowe...
State Vs. Tribeni Sharma
Court: Allahabad
Decided on: Aug-05-1959
Reported in: AIR1960All214; 1960CriLJ435
S.N. Dwivedi, J.1. These are eight appeals filed by the State against the orders of acquittal which arise out of facts more or less similar and may be disposed of by a common judgment.2. The prosecution case against the respondents was that on the 1st May 1957 they shouted in loud tones in the presence of Sri K. N. Ray, a Magistrate of the 1st Class at Gorakhpur when he was sitting in his court-room. The learned Magistrate took summary proceedings against the respondents under Section 480 Cr. P. C. (hereinafter called the Code) and recorded their statements. He thought that their statements amounted to a plea of guilty, and on that view he sentenced them to a fine of Rs. 30/- each for contempt of his court. In default of payment of fine each of the respondents was sentenced to simple imprisonment for 10 days.3. The respondents went in appeal to the Sessions Judge against their convictions and sentences. District Government Counsel raised a preliminary objection before him against the m...
Ram Swarup and anr. Vs. Futtu
Court: Allahabad
Decided on: Aug-04-1959
Reported in: AIR1960All367
R.N. Gurtu, J. 1. The sale-deed in this case was executed by Ram Swarup, one of the defendants appellants before us, on his own behalf and on behalf of his brother, Joti Prasad, the second appellant before us transferring certain property to Futtu, who is the plaintiff-respondent in this appeal.2. The vendee was put in possession of the property. The sale-consideration paid by the vendee was Rs. 500/-. In the sale-deed, there was a covenant to the following effect :'Aur makan mubayya par mushtari ka qabza kara diya. Agra juz ya kul qabza mushtari se nikal jawe to mushtari ko ikhtiyar hoga ki zare summon mae sood wapas wasool kar le'.Two sons of Ram Swarup appellant, namely, Daya Prakash and Anand Prakash, filed a suit No. 1178 of 1944 claiming that the property transferred was a joint Hindu family property and was not liable to be transferred for want of legal necessity. To that suit, they impleaded Futtu, the vendee and also their uncle, Joti Prasad as also their father. Ram Swarup, t...
Prem NaraIn Tandon Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Aug-03-1959
Reported in: AIR1960All205
V.D. Bhargava, J.1. These are three connected writ petitions filed by three members two of whom, that is, Anand Nartin and Sidh Nath Misra petitioners in writ petitions Nos. 222 and 232 of 1958 had been elected as members of the Court of the Lucknow University, while Prem Narain Tandon petitioner in writ petition No. 16 of 1959 was nominated by the Chancellor as member of the Executive Council of the Lucknow University. Petitioner Anand Narain had been elected on 7-8-1956 for three years and his term expires on6-8-1959. Petitioner Sidh Nath Misra was elected on 4-8-1956 for a period of three years and his term expires on 3-8-1959. Prem Narain Tandon was nominated on 9-10-1956 for a period of three years and his term expires on 8-10-1959.2. Lucknow University Act (Act V of 1920) is the main Act which had been amended several times later. The important amendment in question is the amendment of the Lucknow University Act by Act VI of 1955, which came into force on 23-3-[1955. According to...
Janki Prasad Hanuman Prasad Vs. Pt. Harish Chandra Tewari and anr.
Court: Allahabad
Decided on: Aug-03-1959
Reported in: AIR1960All211
V.D. Bhargava, J. 1. These are two connected special appeals against the judgment of a learned single Judge of this Court by the plaintiff of two different suits. They were connected because common questions of law arose. Both the appeals were disposed of by the learned single Judge by one judgment.2. The facts of the case arising out of Regular Suit No. 165 of 1955 are as follows : The plaintiff claimed to be the owner of house No. 288/63 Aishbagh Yahiyaganj Ward, Lucknow, by means of a purchase dated 29-6-1953, Ex. 9. He alleged that defendant No. 1 was his tenant and defendant No. 2 was the sub-tenant, that he obtained permission from the Rent Control and Eviction Officer to eject the defendants and also gave notice under Section 106 of the Transfer of Property Act but since the defendants have not vacated the premises hence the suit. The plaintiff further alleged that the defendants were in arrears of rent and defendant No. 1 had sublet to defendant No. 2 and on that ground also th...
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