Allahabad Court September 1959 Judgments
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Chandrapal Vs. Smt. Mungia
Court: Allahabad
Decided on: Sep-22-1959
Reported in: AIR1961All549
S.S. Dhavan, J.1. This is an appeal against an order passed by the learned District Judge of Bijnor under Section 25 of the Guardians and Wards Act, 1890, directing that the custody of a girl called Bhagwati should be given to her sister Smt. Mungia, who is the respondent in this appeal. The appellant Chandrapal claims to be the husband of the girl. Bhagwati is admittedly an orphan having lost both her parents in her early infancy. She was living with a woman called Ramo when she is alleged to have been married to Chandra Pal.There is a dispute about her age, the appellant Chandrapal alleging that she was born on 10-2-1941 and her sister saying that she was born on 10-3-1943. On 4-4-57 this sister, Smt. Mungia, made an application under Section 7 of the Guardians and Wards Act for being appointed as a guardian of the girl and also asked for custody of her property which was substantial in value. On 24-4-1957 she made another application for an injunction restraining Smt. Ramo and her s...
Aftab Ahmad and ors. Vs. the Hindustan Commercial Bank Ltd., Aminabad, ...
Court: Allahabad
Decided on: Sep-22-1959
Reported in: AIR1960All558
V.D. Bhargava, J. 1. This is a judgment debtor's appeal in execution of decree. The respondent brought a decree against one C. Rule Mujtaba, who has died and his sons and other heirs have been brought on record. The respondent made the following executions: 1. The first execution application was filed on 2-2-51 in the court of the Civil Judge, Lucknow who had passed the decree. It was transferred to the court of the Sub-Judge, Ambala and decided on 14-2-51. 2. The second execution application was filed on 14-2-51 in the court of the Sub-Judge, Ambala and decided on 30-4-51. 3. The third execution application was filed on 6-2-54 in the court of the Civil Judge at Lucknow. It was transferred to the court o the Sub-Judge, Ambala and decided on 1-10-54. 4. The fourth execution application was filed on 21-10-54 in the court of the Sub-Judge, Ambala and decided on 10-2-56. 5. The fifth execution application was filed on 18-4-56 in the court of the Civil Judge, Lucknow and decided on 7-5-...
Gaya Prasad Misra Vs. the State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Sep-22-1959
Reported in: AIR1960All618; 1960CriLJ1290
Tandon, J.1. The petitioner who is Gaya Prasad Misra was a member of the Police Force in this State. He entered service sometime in 1935 as a Constable but was working as Station Officer Incharge Police Station Misrikh in 1952. While posted in Sitapur district where Misrikh is situate he appeared to have purchased a house for Rs. 8000/- in the name of his wife. Admittedly he did not inform the higher authorities, as was necessary under Rule 11 of the Government Servants' Conduct Rules, about the purchase of this house.He was accordingly asked by the Superintendent of Police on 18-12-1953 about this purchase and he was also suspended with effect from the same date. On 10-4-1953 he was served with a charge sheet also under Section 7 of the Police Act accusing him of several charges in which he was blamed of having accepted illegal gratification besides purchasing the above house.A case under Sub-section (2) of Section 5 of the Prevention of Corruption Act of 1947 was also registered agai...
iqtida Khan Vs. Income Tax Officer, 'A' Ward Central Revenue Building, ...
Court: Allahabad
Decided on: Sep-18-1959
Reported in: AIR1960All243; [1961]41ITR165(All)
Tandon, J.1. The petitioner and his brother. Sri Mohtida Khan, were the two partners entitled between them to the business carried on under the title 'Muqtida Khan Iqtida Khan' at Lucknow. They were entitled each to a moiety share. Mohtida Khan, however, migrated to Pakistan with the result that he was declared an evacuee and all his property including his half share in the firm 'Muqtida Khan Iqtida Khan' was held as evacuee property. The share of Mohtida Khan, however vested in the Custodian. In due course it seems that proceedings were taken in respect of the property of the firm and other property of Mohtida Khan evacuee under the Evacuee Interest (Separation) Act, 1951. This ended in the sale by auction of the assets of the firm which were arrived at after deducting its liabilities and also the sale of its goodwill. The following order passed by the Competent Officer dated 19-3-53 may be quoted:'It is therefore ordered that the assets of the firm be sold at an open auction and the ...
Jai NaraIn and ors. Vs. Chheda Lal and ors.
Court: Allahabad
Decided on: Sep-16-1959
Reported in: AIR1960All385
S.S. Dhavan, J. 1. This is a matter arising out of at judgment of this Court in two connected 2nd appeals which were decided by this Court eight years ago. The matter has been raised by the learned Munsif of Chandausi before whom an application has been made by the judgment debtors for restitution and for damages on the ground that the decree holder committed a fraud on the court in execution proceedings. In considering this application on merits the learned Munsif had to interpret the decree of this Court passed in 1951 but found that he could not do so because of a clerical error which appeared to him to have crept into the judgment of this Court. He passed an order directing that the file of the matter before him including those of the suits which were decided by this Court in second appeals in 1951 should be sent up to this Court to consider whether the alleged clerical error should be rectified.2. At the outset it may be mentioned that the clerical error referred to above relates ...
Sri Ram Das Gaur Vs. the City Magistrate, Varanasi
Court: Allahabad
Decided on: Sep-16-1959
Reported in: AIR1960All397; 1960CriLJ865a
ORDERD.S. Mathur, J.1. This is a petition under Article 228 of the Constitution of India read with Section 561-A, Cr. P. C., by Rara Das Gaur to quash the Criminal Case No. 611 of 1959 pending against him in the Court of Sri M. N. Mathur, Magistrate, Varanasi, and also to declare the order dated 28-4-1959 promulgated under Section 144, Cr. P. C. to be ultra vires and of no legal consequence.2. The petitioner has challenged the order promulgated under Section 144, Cr. P. C. on many grounds, but as the order could not be deemed to be in force on the expiry of two months from the date of the original order, it is not necessary to express any opinion on the constitutionality of Section 144, Cr. P. C. or of the order promulgated under this section.3. The material facts of the case are that a section of the Hindus started an agitation with regard to a mosque which was constructed under order of the Moghul Emperor Aurangzeb in place of or on the site of old Lord Vishwanath Temple. A new idol ...
B. Sri Kishna Kumar Vs. Smt. Sarla Devi and ors.
Court: Allahabad
Decided on: Sep-16-1959
Reported in: AIR1960All529
ORDERB. Upadhya, J. 1. This is a revision against the order passed by the learned Civil Judge of Faizabad dismissing the defendant's appeal relating to costs.2. It appears that a suit was filed by the respondent No. 1 which was found to be under valued.The plaint was ordered to be returned by the Munsif for presentation to the proper court having jurisdiction in the matter. The operative portion of the order passed by the learned Munsif was as follows: 'Let the plaint be returned for presentation to the proper court. Costs in this court shall be costs in the suit.'The contesting defendant preferred an appeal and urged before the lower appellate court that the order passed by the learned Munsif relating to costs was illegal. The learned Civil Judge did not accept this contention and dismissed the appeal. Learned counsel appearing for the defendant-applicant urged that having regard to the; provisions of Section 35 of the Code of Civil Procedure the learned Munsif should have exercised h...
Smt. Sushila Devi Vs. Madan Mohan and anr.
Court: Allahabad
Decided on: Sep-15-1959
Reported in: AIR1960All547
A.P. Srivastava, J. 1. This is an appeal on behalf of the decree-holder. The decree-holder obtained a decree against Madan Mohan the judgment-debtor and got the decree executed. She prayed that a certain amount which had been deposited by the judgment-debtor in his Saving Bank Account at Agra Post-office be attached and the Postmaster be directed to pay the amount in Court for the satisfaction of her decree. The Postmaster showed cause and objected. He said that the amount that was lying with him in the judgment-debtor's account really stood pledged with the Chief Secretary ot the East Punjab Government and till it was released from the pledge the decree-holder could not be allowed to get it. The learned Civil Judge who was executing the decree then discharged the notice which he had issued under Order XXI, Rule 132 (sic) of the Civil Procedure Code saying 'It seems to me that there are intricate questions involved in this affair which can best be tried in a regular suit I am not willi...
Haji Ahmad HusaIn Vs. State
Court: Allahabad
Decided on: Sep-15-1959
Reported in: AIR1960All623; 1960CriLJ1296
ORDERM.C. Desai, J.1. An anonymous complaint was made against a Sub-Inspector of Police that he committed an offence punishable under the Prevention of Corruption Act against the applicant and it was investigated by a Deputy Superintendent of Police in accordance with the provisions of the Act. The Deputy Superintendent in the course of the investigation interrogated people including the applicant, who made a statement in reply to his querries, to the effect that he was beaten by the Sub-Inspector and was compelled by him to pay him a bribe. The Deputy Superintendent, as the result of his investigation, recommended proceedings under Section 7 of the Police Act against the Sub-Inspector; in the report he said that the Sub-Inspector had tried to suborn some of the persons who were likely to give evidence against him.Proceedings under Section 7, Police Act. were commenced against the Sub-Inspector and then he filed a complaint against the applicant for the offence of Section 500, I. P. C....
GangadIn Ram Krishna Vs. Smt. Kailashi Kuer
Court: Allahabad
Decided on: Sep-11-1959
Reported in: AIR1961All96
ORDERS.S. Dhavan, J. 1.This is a revision against an order of the learned 1st Additional Civil Judge, Kanpur, setting aside an ex parte decree. The applicants obtained a decree on 23-2-1954. Three years afterwards the defendant respondent Smt. Kailashi Kuer made an application under Order 9, Rule 13, C. P. C., for the setting aside of this decree on the allegation that she was out of station and had no knowledge of the suit and the decree. The learned Judge made the following observations on the merits of her case :'No doubt the circumstances are very much against the applicant, and her own statement is partly contradictory to her affidavit. However, the fact that she had no knowledge of the suit is not rebutted by any dependable evidence. The ex parte decree may therefore be set aside.'The learned Judge, however, went on to make the further observation.. .. . . the applicant herself has been grossly negligent and it is strange that she did not come to know of the suit in spite of all ...
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