Allahabad Court April 1960 Judgments
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Smt. Sarju Vs. Ishwari
Court: Allahabad
Decided on: Apr-19-1960
Reported in: AIR1961All86
ORDERB. Mukerji, J. 1. This is an application in revision against an order of the learned munsif of Jhansi, refusing to extend time to file a succession certificate. 2. The facts giving rise to this revision may be shortly stated thus: A suit was filed for money and judgment in that suit was made on the 18th of December, 1950. In that judgment it was said that the plaintiff's suit was to be decreed on condition that the plaintiff produced a succession certificate in his favour in respect of the document on the basis of which the plaintiff's suit had been filed, within one month from the date of the judgment, failing which the suit was to stand dismissed. To the plaintiff it became apparent shortly after that the period of one month would expire and that he would be unable to get the necessary succession certificate in his favour for being filed in court. An application for the grant of a Succession Certificate had been made promptly by the plaintiff but the grant of the Succession Cert...
Uttam Kunwar Vs. Krishna Pal Singh
Court: Allahabad
Decided on: Apr-18-1960
Reported in: AIR1960All659
Dayal, J.1. This case has been referred to the Full Bench on account of the different views expressed in Division Bench cases reported in Het Ram v. Raja Dutt Prasad Singh : AIR1926All722 and in Kashit Husain v. Sashidhar Singh, AIR 1930 Oudh 328.2. Krishnapal Singh respondent sought execution of the decree in favour of Smt. Man Kunwar, his grandmother, for maintenance which had been declared a charge on the family zamindari property of Daljit Singh, husband of Srimati Uttam Kunwar appellant. Two objections under Section 47 C. P.C. were filed by the judgment-debtor. They were dismissed with costs by the Civil Judge and appeals against those orders were dismissed with costs by the High Court. Krishnapal Singh thereafter applied for the recovery of the costs awarded to him in these proceedings on the objections filed under Section 47 C.P.C, by executing the decree for costs by attachment and sale of the personal property of Srimati Uttam Kunwar. She objected to the execution proceedings ...
In Re: Madanlal
Court: Allahabad
Decided on: Apr-18-1960
Reported in: 1960CriLJ1546
ORDERKrishna Rao, J.1. This is an application for the suspension of a sentence of imprisonment and for ball, made Under Sections 426 (2 B), 498 and 561 A of the Cr.PC in the following circumstances. The petitioner was the 1st accused in Sessions case No. 8 of 1958 on the file of the Court of Session, bad and was convicted and sentenced by the Sessions ; Judge to rigorous imprisonment for 5 years for an offence punishable Under Section 326 read with Section 34 IPC He preferred an appeal to this Court against the conviction and sentence and was released on bail Under Section 426(1) pending the appeal.On 23-4-1959, the Appeal was dismissed and on ~v 80-11-1959, he was granted a certificate under Article 134 of the Constitution for a further appeal to the Supreme Court. Thereafter he lodged his appeal in the Supreme Court, which was numbered as Criminal Appeal No. 16 of 1960 and made the present application on 25 2 1960 to this Court. He states that he hag not moved the Supreme Court for b...
Suraj Prasad Saxena Vs. Manager Abbie Rich Higher Secondary School, Sh ...
Court: Allahabad
Decided on: Apr-14-1960
Reported in: AIR1961All282
ORDERV.D. Bhargava, J.1. This is a writ petition under Article 226 of the Constitution filed by Suraj Prasad Saxena who was employed as an assistant teacher in the Abbie Rich Higher Secondary School, Shahjahanpur. He was appointed on 8-7-1951. He worked there till 1957 when he was transferred to the MessmoreIntermediate College, Pauri as a Lecturer. The petitioner requested the authorities not to transfer him, because his wife was suffering from rheumatic pains, and his transfer was cancelled in July 1957.In February 1958 the petitioner wanted two months' leave because his wife was not keeping well. That leave was not granted, upon which he submitted his resignation to the Principal on 28th February 1958. According to the petitioner, his resignation was not accepted. In the meantime the condition of his wife improved and, therefore, on 10-4-58 he sent another application to the Principal stating that he wished to withdraw his resignation as the condition of his wife had improved.On 22-...
Abul Hasan Vs. Works Manager, Northern Railway, Lucknow
Court: Allahabad
Decided on: Apr-13-1960
Reported in: AIR1961All338; (1961)ILLJ424All
Misra, J.1. This is a special appeal against the judgment of a learned Judge of this Court dismissing the writ petition filed by the appellant Abul Hasan under Article 226 of the Constitution.2. The appellant was a permanent class IV employee in the Loco workshop of the Northern Railway at Lucknow where he was posted for several years. He was departmentally charged for being found unlawfully in possession of railway property on the 18th November, 1953, and as a result of the inquiry which followed he was held guilty of the charges and also asked on the 8th April, 1954, to show cause why he should not be removed from service. Admittedly while sending him the above show cause notice the punishing officer failed to supply him a copy of the findings of the Inquiry Committee.On the 24th April, 1954, the appellant wrote to the Works Manager who was the punishing authority to supply him a copy of the findings to enable him to furnish his reply to the show cause notice. This request of his was...
Sharafat Ali Khan Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Apr-12-1960
Reported in: AIR1960All637
ORDERW. Broome, J.1. This is an application by one Sharafat Ali Khan under Article 226 of the Constitution for the issue of a writ of mandamus to compel the State of Uttar Pradesh and the District Magistrate and the Superintendent of Police of Rampur to refrain from restricting or interfering with his right as an Indian citizen to move freely throughout the territory of India by arresting or deporting him.2. The facts of the case are as follows. The petitioner was born on 15th January 1938 in a village in the district of Rampur. In 1955, when he was still a minor, he went with his maternal uncle to Karachi, but his parents all along remained in India and have never set foot in Pakistan. In March 1956, only a couple of months after the petitioner had attained majority, his lather was murdered in Rampur, and he naturally felt impelled to return to India at once to take care of his widowed mother and his younger brother and sisters.With this object in view he secured a Pakistan passport o...
Chuttan Vs. State
Court: Allahabad
Decided on: Apr-08-1960
Reported in: AIR1960All629; 1960CriLJ1298
ORDERM.C. Desai, J.1. The applicant has been convicted under Section 16(1)(ii) of the Prevention of Food Adulteration Act for selling adulterated milk and sentenced to rigorous imprisonment for one year and a fine of Rs. 2000/-. The conviction of the applicant is fully supported by evidence and there is nothing illegal or improper in it. The question raised before me is that of the sentence.2. The applicant was convicted twice before under the U. P. Pure Food Act. On 22-11-1955 he was convicted and fined Rs. 75/- under S. 42 of the Pure Food Act for selling adulterated milk. He was again convicted on 13-2-1956 under S. 42 of the Pure Food Act for selling milk without a licence and sentenced to a fine of Rs. 10/-. Section 16 of the Prevention of Food Adulteration Act reads as follows:'16(1) If any person- (a) whether by himself ...... stores, sells or distributes, any article of food in contravention of any of the provisions of this Act or of any rule made thereunder, or(b) prevents a f...
C.S. Sharma Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Apr-07-1960
Reported in: AIR1961All45
B.N. Nigam, J.1. C. S. Sharma has filed this petition praying for a writ of certiorari quashing the order of his dismissal.2. The petitioner alleges that he- was appointed Sales Tax Officer on 25-1-1949. In that capacity he was posted at Hathras from April 1950 to September 1952. During the month of November 1952 an ex parte enquiry was started by the Assistant Commissioner Sales Tax against the petitioner and on 18-2-1953 the petitioner was suspended. A charge-sheet was served on the petitioner on 8th July, 1953. He gave an application (annexure 8) on July 10, 1953 asking for an inspection of the evidence against him. By annexure 9 dated July 17, 1953 the Commissioner Sales Tax U. P. asked him to submit his explanation before the opportunity to examine the papers the petitioner wanted to inspect was given to him. On 12-8-1953 the petitioner submitted an explanation claiming an opportunity to be heard in person and naming three defence witnesses ''for clearing the charge of the purchas...
Bhagwat Saran Srivastava Vs. Collector and District Magistrate, Jaunpu ...
Court: Allahabad
Decided on: Apr-06-1960
Reported in: AIR1961All284; [1961(2)FLR558]; (1961)IILLJ191All
ORDERV.D. Bargava, J. 1. This is a petition under Article 226 of the Constitution filed by one Bhagwat Saran Srivas-tava, who had been appointed as a consolidator on 11-11-1955. 2. According to the petitioner, he had worked satisfactorily and that his record has been clean throughout. According to him on 20-4-1957 the Settlement Officer happened to be on an inspection tour in the petitioner's circle. He required the Petitioner's fortnightly diary which was in the custody of the Consolidation Officer, for inspection. During that period the petitioner had been recording, all the daily work on loose sheets of paper. He was also required to submit some further documents and the documents, according to the opposite party were not in accordance with rules. He was asked immediately to apply for leave for one month. Thereafter he was asked to get himself transferred. The same day opposite party No. 2 asked opposite party No. 3 to take charge from the petitioner in anticipation of leave. On 22-...
Babu Nandan Vs. Mst. Sumitra
Court: Allahabad
Decided on: Apr-05-1960
Reported in: AIR1961All287
S.N. Sahai, J. 1. This is a judgment-debtor's second appeal and arises in the following circumstances: Smt. Sumitra, the decree-holder respondent filed a suit in the court of Munsif for recovery of possession against the appellant treating him as an Asami. That suit was ultimately decreed after contest. The decree-holder Smt, Sumitra made an application for execution of the decree for possession in the court of Munsif, Jaunpur. The judgment-debtor appellant objected to the execution of the decree on the ground that the decree sought to be executed was a nullity as it was passed by a court which bad no jurisdiction to do so. The contention was that the suit was one under Section 202 of the U. P. Zamindari Abolition and Land Reforms Act, which was exclusively cognizable by a revenue court and the civil court had no jurisdiction to entertain it, and in entertaining it and passing a decree on the basis of it the civil court has acted wholly without jurisdiction. 2. The court executing the...
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