Allahabad Court January 1960 Judgments
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C.L. Basra Vs. Pearey Lal Basra and anr.
Court: Allahabad
Decided on: Jan-15-1960
Reported in: AIR1960All590
Mathur, J.1. This case has been listed before us for hearing on a reference made by a single Judge, who was of opinion that there was certain conflict in earlier decisions of this Court. He not only referred the case for decision by a larger Bench but framed two questions which had to be decided. These questions are as below:(1) Where there is an appeal under Section 6-A and the appellate court decides it, is its decision a case decided or not, and will a revision lie against that decision or not? (2) In a case where deficiency is objected to by the appellant, but the court holds that there is no deficiency; has the defendant any right of revision to this Court? In the second question it has not been indicated as to which Court recorded the finding that there was no deficiency in court-fee: was it the appellate court deciding the appeal under Section 6-A? In case the application in revision is moved against the order of the trial court, the second question shall amount to whether the d...
Braj Bhushan and anr. Vs. Baja Anand Brahma Shah and ors.
Court: Allahabad
Decided on: Jan-11-1960
Reported in: AIR1961All356
S.N. Sahai, J. 1. This is an appeal under Section 116-A of the Representation of People Act of 1951 (hereinafter called the Act) against the order of an election tribunal dismissing an election petition filed by the appellants.2. This petition arose out of an election held on the 9th March, 1957, for the U. P. Vidhan Sabha from No. 182 Robertsganj Vidhan Sabha Constituency an the district of Mirzapur. The constituency was a double-member constituency; one seat in the constituency was reserved for a member of the Scheduled Caste and the other seat was a general one. Respondent No. 1, Raja Anand Brahma Shah was a candidate for the general seat, while the respondent No. 2, Sobhnath was a candidate for the reserved seat.Both the respondents were seeking election on Jan Sangh tickets and they were allowed the symbol of 'Deepak' in that election, though the Raja professes to have been an independent candidate. The third respondent, Sri Sumer Prasad was a scheduled caste candidate for the res...
Ram Saran Dass Vs. Shri Kishan Dass
Court: Allahabad
Decided on: Jan-08-1960
Reported in: AIR1961All91
S.S. Dhavan, J. 1. This is a decree-holder's appeal against the order of the learned Civil Judge, Meerut, allowing the judgment-debtor's objection against the execution of the decree. The facts are these: Ram Saran Dass the appellant decree holder filed a suit against the defendant Kishan Dass for Rs. 1376/-/- and interest. The dispute was compromised in these terms: 'The plaintiffs claim is admitted and let it be decreed with costs and pendente lite and futureinterest. But parties have settled that if the defendant paid to the plaintiff Rs. 1000/- by 30-5-49 then the whole of the decretal amount would be deemed satisfied.' 2. It appears that the judgment debtor was not able to deposit the amount till 1-6-49. He did go to the court on 30-5-49 and got a tender on that date. But, for some reason he was not able to deposit it on that or the next day, but did deposit the entire amount on 1-6-1949 in the Bank. Thus, there was a delay of two days in making the deposit. 3. On 18-7-1949 the de...
Altafur Rahman Fazlur Rahman Vs. Collector Central Excise, Allahabad
Court: Allahabad
Decided on: Jan-07-1960
Reported in: AIR1960All551; [1960(1)FLR477]; (1960)IILLJ146All
ORDERV.D. Bhargava, J.1. This is a petition under Article 226 of the Constitution filed by one Altafur Rahman, who was an employee in the Central Excise Department. According to the petitioner after having passed his B.Sc., examination in the year 1943 he joined as an Inspector Central Excise and was posted at Mogha in the district of Feerozpur. He, according to the petition, carried on his duties efficiently and diligently to the utmost of his capacity and in 1952 he was posted at Jhinjhana Range, district Muzaffarnagar, from where he was transferred to the Cigarette Factory by the order dated 8th September, 1952. As alleged by the petitioner, there was one Dharma a tobacco cultivator who got displeased with the petitioner as he wanted certain remissions in the assessments made by him, but the petitioner refused. Therefore, he lodged a complaint against the petitioner to the Assistant Collector, Meerut, upon which the Assistant Collecor, Meerut, asked the petitioner by a letter dated ...
Panna Lal Vs. Sm. Saraswati Devi
Court: Allahabad
Decided on: Jan-06-1960
Reported in: AIR1960All572
Dhavan, J.1. This a judgment-debtor's appeal against an order of the learned Additional District Judge, Kanpur rejecting his objections against execution and directing the execution court to proceed with the execution. As observed by the appellate court the amount involved is Rs. 100/- only but the judgment-debtor has thought fit to resist the execution to the extent of coming to this court in second appeal.2. The decree-holder obtained a decree for possession and damages. Possession was delivered and the decree was satisfied to that extent. As regards the decree for damage she made several applications for execution which however were dismissed for default. On 4-1-1951 the judgment-debtor claiming to have satisfied the decree for damages outside the court, made an application under Order 21 Rule 2 C. P. C. The decree-holder opposed this application and prayed for its dismissal with costs. The application was ultimately dismissed, but the judgment-debtor filed an appeal which was not d...
Kashi Prasad Gupta Vs. Regional Transport Authority, Gorakhpur and ors ...
Court: Allahabad
Decided on: Jan-01-1960
Reported in: AIR1961All214
ORDERJ.K. Tandon, J.1. This petition is by one Sri KashiPrasad Gupta who holds a stage carnage permit inrespect of Gorakhpur Gola via Khajni and Urwaroute under the Motor Vehicles Act, 1939. Since 1955the strength of permits on this route was enlarged toten. There is another route in the same area whichis known by the name of Gorakhpur Gola via Khajni and Urwa Malhapur route. Its strength was twopermits. As they happened to be partly identicalroutes the Regional Transport Authority had permitted the operators on both the routes to ply oneither with the effect that the strength of the tworoutes put together became 12. 2. The petitioner claims that the traffic requirements of the routes did not justify the grant of 12 permits. For this reason, even though the strength of the first route had been increased from 7 to 10 in 1955, the additional permits were not granted until one was done in January 1958, second in April 1959 and the third in July 1959. Even then, in view of the insufficient...
State Vs. Hotey Khan and ors.
Court: Allahabad
Decided on: Jan-01-1960
Reported in: AIR1960All521; 1960CriLJ1167
Roy, J.1. This is an appeal by the State against an order of acquittal of the two respondents, Hotey Khan and Zahoor, who were charged under Section 302 I. P. C., for the murder of one Shahzor Khan in his Kotha in village Chitta within police circle Kotwali Buland-shahr on 21-4-1957 at about 2 p.m.2. The story on which the nrosccution was founded was briefly this. Hotey Khan and Zahoor along with one Yunis were wanted by the Pilkhwa police in connection with a case under Section 396 I. P. C. A requisition was received from that police station by police station Kotwali Bulandshabr for the arrest of these three persons who had for some time past been evading arrest. Shahzor Khan, the deceased, was acting as an informer, and with his help Mahabir Singh constable P. W. 6 assisted by another constable and a Chowkidar was able to arrest Yunis on 19-4-1957 when Yunis was engaged along with Karam Sher Khan P. W. 1 in working a Persian wheel over a well. On that date Hotey Khan and Zahoor, alth...
R.S. Das, S/O Kamta Prasad Vs. Divisional Superintendent, Allahabad
Court: Allahabad
Decided on: Jan-01-1960
Reported in: AIR1960All538
ORDERJ.K. Tandon, J.1. Both the petitions raise similar question of law to be determined. The petitioner in either was employed -- in one case as relieving trains clerk at Aligarh and in the other as assistant goods clerk at Hathras Killah station. They were prosecuted for offences under Section 409 I. P. C., in relation to certain acts done by them in the performance of their duties. Ram Nath Gautam, petitioner in writ petition No. 3729 of 1959, was also prosecuted in the same transaction for an offence under Section 477-A I. P. C. also. The Magistrate who tried the petitioners on these charges convicted them for the said offences by his order dated 18-12-1956. A few days later they filed appeals before the Sessions Judge, Aligarh who allowed the same on 15-2-1958. Before, however, the appeals could be disposed of by the learned Sessions Judge but after they had been instituted before him, the Divisional Superintendent, Allahabad, who was the appointing authority in the case of the tw...
Virendra Singh Varma Vs. Additional Director of Agriculture, U.P., Luc ...
Court: Allahabad
Decided on: Jan-01-1960
Reported in: AIR1960All647
ORDERV.D. Bhargava, J.1. This is a petition under Article 226 of the Constitution by Virendra Singh Verma who was appointed as Junior Chemical Asssistant (Junior Soil Assistant) under the Agricultural Chemist at Rudrapur district Niani Tal, in Group II of Subordinate Agricultural Service by means of notification No. AB-5019/II-9A dated 17-8-53 by the Director of Agriculture, U. P. He joined the post on 26-8-53 as probationer and was on probation for two years. This appointment was till a suitable candidate was selected and approved by the Public Service Commission. An advertisement for the post was made by the Public Service Commission on 15-7-1954 and the petitioner applied for it. He was later on informed by a letter dated 26-9-55 by the Officer-in-charge of the Regional Soil Laboratory, Rudrapur that he had been selected by the Public Service Commission.According to the petitioner, thereafter he served as a permanent employee in a substantive post to the entire satisfaction of his s...
Harish Chandra Gupta and ors. Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Jan-01-1960
Reported in: AIR1960All650
ORDERJ.K. Tandon, J.1. The three petitioners are separately employed in the business, as cottage-industry, of manufacture of Khandsari sugar in the district of Bijnor. They have, as part of that industry, installed power-crushers also for extracting juice from sugar-cane. The crushing capacity exceeds in each case the figure of 250 maunds per day. They are in this business for the last many years. It does not appear that they themselves are growers also of sugar-cane but they purchase it from sugar-cane growers of the surrounding area.2. The Central Government has by virtue of its power under Section 3 of the Essential Commodities Act 1955, Act X of 1955, promulgated the Sugar (Control) Order, 1955. In this order, which hereinafter will be referred to as 'the Central Order', sugar is defined thus:'Sugar means:-- (i) any form of sugar containing more than 90 per cent of sucrose including Khandsari sugar, sugarcandy and Bura sugar; (ii) any sugar of crystalline structure; and (iii) suga...
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