Allahabad Court March 1960 Judgments
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State Vs. Inder Sen and ors.
Court: Allahabad
Decided on: Mar-31-1960
Reported in: AIR1961All62; 1961CriLJ30
ORDERM.C. Desai, J.1. This is a reference by the Sessions Judge with a recommendation that the commitment of the opposite parties for the offences of Section 82(a) and (b) of the Indian Registration Act be quashed.2. The case for the prosecution is that Index-sen, opposite party No. 1, son of Gopal Das, resident of Mohalla Khannu, Police Station Qila, district Bareilly approached Sham Lal, owner of a house, and wanted it on rent saying that he was Ishwar Singh, son of Sunder Singh, resident of Mohalla Choti Bamanpuri and executed a rent-note in his favour on 23-4-1956. He signed the rent-note as Ishwar Singh and opposite party No. 2, Pradesh Chand, signed it as a witness. On the following day i.e. 24-4-1956 Indersen produced the rent-note before a Sub-Registrar and asked him to register it. The Sub-Registrar took down his statement in which he said that he was Ishwar Singh, son of Sunder Singh, resident of Mohalla Choti Bamanpuri, and Prakash Chand and the other opposite party, Mohd.Kh...
Mazhar HasnaIn Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Mar-31-1960
Reported in: AIR1961All316
ORDERV.D. Bhargava, J.1. This is a petition under Article 220 of the Constitution filed by Mazliar Hasnain challenging an order of the District Judge, Faizabad.2. According to the petitioner, he was appointed as Deputy Record Keeper in the civil court at Hardoi in October 1931. He worked there in different capacities and on 1-9-40, he was confirmed in Class III post in the scale of 70-4-90 as Munsarim Civil Judge's Court at Hardoi and Inter on he was confirmed in Class II post as the Central Nazir. Under an administrative order of the erstwhile Chief Judge of the Oudh Chief Court, passed in May 1946 the petitioner's services were transferred to the judgeship of Faizabad from Hardoi and another person, Sri Krishna Chandra Sri-vastava was sent there.The petitioner continued to work in that judge-ship which also included the district of Sultanpur. There he was working as Central Nazir. In 1950 the State Government decided to create a separate Judgeship at Sultanpur and separated it from t...
A. Tellery and Sons Vs. Carpet Mazdoor Sabha, a Registered Trade Union ...
Court: Allahabad
Decided on: Mar-31-1960
Reported in: AIR1961All321; [1961(3)FLR92]; (1962)ILLJ309All
ORDERV.D. Bhargava, J.1. This is a writ petition under Article 226 of the Constitution filed by Messrs. A. Tellery and Sons which is a joint stock company registered under the Indian Companies Act, 1913, having its registered office at Varanasi. The business of the Company is of manufacturing and selling, carpets. There had been disputes between the petitioner and its workers. It appears that there was no annual increment being given to the workmen.The dispute was referred for adjudication on the 21st of January 1952 by the Government of Uttar Pradesh to the State Industrial Tribunal U. P., Allahabad, which gave an award on the 26th of May, 1952 by which annual increments were fixed for all workmen except night watchmen. Thereafter, there also appears to be a dispute between the petitioner and its workmen about the medical facilities to be given to the workmen.That also formed a matter of industrial dispute and was referred by the Government on 5th of June, 1952, to the State Industria...
State Vs. Smt. Rampo and ors.
Court: Allahabad
Decided on: Mar-31-1960
Reported in: AIR1960All636; 1960CriLJ1301
ORDERM.C. Desai, J.1. This is an application by the State for revision of an order passed by an Assistant Sessions Judge on 16-4-1959 adjourning the hearing of a criminal appeal filed by the opposite parties against their conviction by a Magistrate for the offences of Sections 147 and 323, I. P. C. This application must be dismissed on two grounds, one a technical ground and the other of lack of merits. The technical ground is that the State should have filed an application for revision of the impugned order in the Court of the Sessions Judge and not come here direct.It is the well known practice of this Court not to entertain an application for revision unless an application for revision was filed before the Sessions Judge (or the District Magistrate) and was rejected by him. The Sessions Judge had jurisdiction to consider the impugned order of the learned Assistant Sessions Judge and to refer the case to this Court if he considered that the order was invalid or improper and deserved ...
Raja Ram Vs. Bisram
Court: Allahabad
Decided on: Mar-31-1960
Reported in: AIR1960All747
ORDERJ.K. Tandon, J.1. This revision is directed against the order of the learned Judge Small Causes, Sitapur by which he dismissed the applicant's objection under Section 47 of the Code of Civil Procedure. The opposite party has a decree, which apparently was passed upon a compromise arrived at between the applicant and him. The terms of the decree were that the whole of the claim of the opposite party which amounted to Rs. 358/- was decreed but it was further provided that in case the applicant paid into court a sum of Rs. 190/-within one month from 27th April, 1956, the entire decretal amount shall be deemed to have been paid off and the decree shall be taken to have been satisfied in full. The decree further went on to provide that in default of payment as aforesaid the decree-holder will be entitled to execute the decree for the full amount and costs. In brief therefore a decree for the full amount of Rs. 358/- and costs had been awarded with the stipulation attached to it that in...
Muneshwara Nand Vs. State
Court: Allahabad
Decided on: Mar-30-1960
Reported in: AIR1961All24; 1961CriLJ1
B.R. James, J. 1. Muneshwara Nand Tyagi is the editor, printer and publisher of 'Chingari', a Hindi weekly newspaper issued from Bijnor. At the relevant time Dr. Ram Lal was the District Medical Officer of Health at Bijnor, and had been serving in that district for a little over three years. In its issue of 7-3-1956, 'Chingari' published a news-item referring to Dr. Ram Lal by name and stating that he had been transferred from the district and that with his transfer all the defects of the Health Department would disappear. The authorities took no notice of that news-item. Then, in the following issue, that of 14-3-1956, there appeared an article under the caption 'Samayak Charcha; transfer and staghan'. This did not refer to any public servant by name but purported to be about 'a Health Officer of a district'. This article was considered highly defamatory to Dr. Ram Lal, hence the District Magistrate wrote to the State Government recommending that Muneshwara Nand's prosecution for an o...
Ram NaraIn Vs. Jai NaraIn and anr.
Court: Allahabad
Decided on: Mar-30-1960
Reported in: AIR1961All125
Gurtu, J.1. This is an appeal by the defendant in a suit under Section 14 of the Religious Endowments Act XX of 1863. The plaintiff in the suit was In the line of the founders of the endowment in favour of the temple of Sri Mahadevji and Hanumanji. It was alleged in the plaint that the properties, detailed in the foot thereof and comprising -- (1) a Dharamshala and temple of Mahadevji and Hanumanji and a well including a Sahdari and garden, (2) one Nohra including Khatties, two shops now converted into two garages, and one house, (3) Rs. 15,385/4/- standing in the Khata of the Dharamshala on the 16th of August, 1932 and (4) other articles belonging to the Dharamshala such as utensils, beds, carpets etc., -- were dedicated to the said temple in Sambat 1953, but as there was no formal deed, disputes relating to the said endowment were referred to arbitration on the 20th of August 1933 when a scheme for the management and upkeep of the deities and its properties was settled by the Arbitra...
State of U.P. Vs. Shankar and anr.
Court: Allahabad
Decided on: Mar-30-1960
Reported in: AIR1961All239
ORDERA.N. Mulla, J.1. This is an application filed on behalf of the State under Section 561-A, Cr. P. Code as well as under Article 134(1)(c) of the Constitution of India. The prayer made in this application is that either the order passed by me in Criminal Revision No. 179 of 1959 be suitably amended or leave to appeal to the Supreme Court be granted.2. I may now give briefly the facts of the case in which this application is made.3. A first class Magistrate convicted Goberdhan and Shanker opposite parties under Section 326, I. P. Code and sentenced them to 18 months' rigorous imprisonment each. The charge against the two accused was that they caught Bold of Shrimati Mithana and while Goberdhan accused was holding her, Shanker accused cut off a part of her nose. The two offenders were tried and convicted as mentioned above, but it is not apparent whether this was a private prosecution or a State prosecution. They went up in appeal and the teamed Sessions Judge of Sitapur came to the c...
Tahira Khatoon Vs. District Magistrate, Shahjahanpur and ors.
Court: Allahabad
Decided on: Mar-28-1960
Reported in: AIR1961All137
ORDERJ. Sahai, J. 1. Fasiuddin, the petitioner in writ petition No. 1436 of 1957 is the husband of Smt. Tahira Khatoon, the petitioner in writ No. 1435 of 1957. Both the petitioners claim that they are citizens of India. Before 1950 they used to live in the city of Shahjehanpur. In 1950 serious communal riots took place in Shahjahanpur district in which the Muslim population of the District mainly suffered and the petitioners alleged that they left Shahjehanpur for Pakistan only in order to escape the communal frenzy and with no intention to settle down in Pakistan and always intending to come back to Shahjehanpur.After the communal riots came to an end and conditions became normal the petitioners wanted to return back to India. Other means having failed the petitioners at last decided to obtain a temporary permit to come back to Shahjehanpur, hoping that once they were back they would stay on. Consequently they obtained a temporary permit and returned back to India in September, 1953....
Kedar Nath Sethi Vs. Life Insurance Corporation of India and anr.
Court: Allahabad
Decided on: Mar-28-1960
Reported in: AIR1961All606; (1961)IILLJ700All; (1961)IILLJ700All
J.K. Tandon, J.1. The petitioner Sri Kedar Nath Sethi is an employee of the Life Insurance Corporation of India since its inception. The history which preceded the constitution of the Corporation in so far as it is relevant, here is that there used to be a number of insurance companies in the country which carried on life insurance business. This business which has been called as controlled business was as a result of the nationalisation transferred and vested in the Corporation. The employees of these erstwhile companies were also transferred in the process under the employment of the Corporation.2. Section 11 of the Life Insurance Corporation Act which made provision for the transfer of the services of such employees laid down that every whole-time employee of an insurer, i.e. an erstwhile insurance company whose controlled business had been transferred to and vested in the Corporation and who was employed by the insurer wholly or mainly in connection with his controlled business imm...
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