Allahabad Court August 1960 Judgments
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Param Kirti Saran Vs. Dewan Singh
Court: Allahabad
Decided on: Aug-12-1960
Reported in: AIR1961All564
ORDERB. Mukerji, J. 1. This is an application in revision against an order of a Judge, Small Causes, dismissing the plaintiff's suit as being barred by limitation. The circumstances in which the suit was dismissed on the ground of limitation were these:2. The plaint in the suit was drawn up on the basis of a promissory note, originally, for the recovery of Rs. 1290/- with interest at 2 per cent, per mensem. The promissory note on the basis of which the suit had been filed was one for a sum of Rs. 750/- and had been executed on the 23rd January, 1951 (in the copy of the judgment the date given of the promissory note is inaccurate). Since originally, the intention of the plaintiff was to file a suit for the recovery of Rs. 1290/- i.e., for the entire principal and the entire interest which had accrued on the promissory note, the plaint was drawn up for being filed in the court of the Munsif which was the proper court in accordance with the valuation given in the plaint to entertain the s...
Ram Swaroop Gupta Vs. Cantonment Board, Lucknow
Court: Allahabad
Decided on: Aug-10-1960
Reported in: AIR1961All263
B.N. Nigam, J. 1. Ram Swarup Gupta filed civil suit No. 588 of 1949-50 against the Cantonment Board, Lucknow, He stated that he had been given a notice regarding certain constructions made by him. The transgressions alleged were: (1) Changing of roof of one room on the second storey by replacing wooden beams by terrace and brick work. (2) Constructing brick wall by removing temporary tin sheets on the east side of the kitchen overhanging the public street. (3) Constructing pardah wall, 5 Ft. in height on the third storey of the building with two openings therein, (4) Constructing Chhajja on south, and east side of the house measuring 4'-6' width (the former Chhajja was 2 1/2') supported on iron poles and thus encroaching on Government land comprising S. No. 111/822, Class B-4 land. The plaintiff claimed the relief that the defendant he restrained from taking any steps for the demolition of any structures whatsoever of the building known as No. 7, Napier Road, Sadar Bazar Cantonments...
Ram Babu Rathaur Vs. Divisional Manager, Life Insurance Corporation of ...
Court: Allahabad
Decided on: Aug-10-1960
Reported in: AIR1961All502
ORDERJagdish Sahai, J.1. The petitioner has come to this Court on the allegation that he was appointed to the post of Organizer of Agencies by the New India Assurance Company Limited, Agra. After the State took over the insurance business by passing the Life Insurance Corporation Ordinance the services of the petitioner were transferred to the Life Insurance Corporation with effect from 1-9-1956 upon the same terms and conditions on which he was employed in the New India Assurance Company, Agra and was given the appointment of Zonal Manager, Life Insurance Corporation of India, Central Zone, Kanpur.His designation was changed from 1-1-1957 to that of a Field Officer. One Sri C. P. Ambesh who, according to the petitioner's allegation; is inimical to him filed a complaint against the petitioner to the Divisional Manager, Life Insurance Corporation of India, Agra, respondent No. 1, alleging that the petitioner had misappropriatedan amount of Rs. 460 alleged to have been handed over by him...
Rajjan Lal Vs. State and anr.
Court: Allahabad
Decided on: Aug-09-1960
Reported in: AIR1961All139; 1961CriLJ332
Mootham, C.J. 1. The question which has been referred to this Bench is : 'Whether Section 5 of the Limitation Act applies to an application for special leave to appeal from an order of acquittal under Section 417(3), Cr. P. C.' Sub-sections (3) and (4) of Section 417, read thus; '(3) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. (4) No application under Sub-section (3) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of sixty days from the date of that order of acquittal.' In Mohammad Ibrahim v. Gopi Lal : AIR1958All691 , the Court held that the terms of Sub-section (4) showed clearly the intention of the Legislature that applications for leave to appeal against an order of acq...
Motilal and Another Vs. Income-tax Officer, District Ii (iii) Kanpur.
Court: Allahabad
Decided on: Aug-08-1960
Reported in: [1962]44ITR454(All)
UPADHYA J. - This is an application under article 226 of the Constitution by two persons who were partners of a firm which carried on business in the name and style of Indian Distillery at Anwarganj, Kanpur, praying for the issue of a writ of certiorari quashing the notices of demand dated October 24, 1959, and a writ of prohibition or mandamus directing the respondent, Income-tax Officer, Kanpur, not to recover from the petitioners a sum of Rs. 11,125.62 in pursuance of the notices of demand dated October 24, 1959, mentioned above and for the issue of any other appropriate direction or order that may appear to be just and proper to this court. Reference has been made in the affidavit and the petition to an earlier petition filed in this court (Civil Miscellaneous Writ No. 321 of 1956) which was disposed of by an order of this court on February 17, 1959. That case related to proceedings taken by the Income-tax Officer for the realisation of the tax in respect of which the present petit...
H.C. Mukerji Vs. K.P. Goswami and anr.
Court: Allahabad
Decided on: Aug-04-1960
Reported in: AIR1961All195
J.K. Tandon, J. 1. The short point in this second appeal is as regards the right of a tenant living in a sented accommodation to realise from the landlord the amount which he was compelled to pay to the Municipal Board on account of charge for excess supply of water spent on the premises. 2. The facts as found by the two courts below are that the appellant is the landlord owner of the premises which are occupied by a number of persons. The main building happens to be in the occupation of the respondent but the out houses which as appears are large in number are held as tenants from the landlord himself by persons numbering over twenty. The accommodation is situated at Allahabad the Municipal Board of which place besides levying a water rate charges price for any excess water supplied to the occupiers. A certain quantity of water the price whereof amounted to Rs. 53/- was consumed by the persons living in this accommodation. The Municipal Board demanded this amount and threatened in the...
State Vs. Reva Chand
Court: Allahabad
Decided on: Aug-04-1960
Reported in: AIR1961All352
V.D. Bhargava, J. 1. This is an appeal by the State against the acquittal of one Rewa Chand,2. A complaint against the respondent was filed under Section 182, I. P. C. A letter is alleged to have been sent by the respondent to the District Magistrate and a copy of which was also sent tothe Superintendent of Police and the Inspector General of Police. It related to the conduct of some Constables and the station officer of the Kotwali of Agra. The complaint was that those constables and the station officer wanted some money for fiome function. And since he had not paid, he was being harassed.On enquiry by some police officers the complaint was found to be false and, therefore, a complaint was filed by the District Magistrate at Agra in the Court of Sri N. L. Kackar. Later on it was transferred to the Court of Sri N. C. Jain. While the case was pending in the Court of Sri Kackar an application for transfer had been moved, inter alia, on the ground that there had been numerous dates fixed ...
Firm Bindeshri Prasad Bhola Nath and ors. Vs. Raja Ram and anr.
Court: Allahabad
Decided on: Aug-03-1960
Reported in: AIR1961All198
J.K. Tandon, J.1. The above appeal is directed against an order dated 7-7-1959 by which the learned Civil Judge, Mirzapur dismissed the appellants' objection under Order XXI, Rule 90 C. P. C. The first respondent is the decree-holder of a decree for money which he executed by sale of the house, the subject matter of controversy in this appeal. The same was sold on 9/1/1957 and purchased by Ambika Prasad, respondent No. 2, for a price of Rs. 12,000/-.2. The facts about which there is no dispute are that the sale proclamation under Order XXI, Rule 66 C. P. C. was issued on 13-11-1956. Sub-rule (2) of Rule 66 requires that the sale proclamation shall be drawn up after notice to the decree-holder and the judgment-debtor. The service of the notice on the judgment-debtor was completed in this case by publication in a paper by the name 'Mazaq'. The judgment-debtor did not appear on the date appointed for the drawing up of the sale proclamation which under the circumstances was prepared at his...
Ravindra Kumar Vakil, Etah Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Aug-03-1960
Reported in: AIR1961All361
ORDERW. Broome, J. 1. This is an application under Article 226 of the Constitution for the issue of a writ of mandamus to direct the State of Uttar Pradesh to appoint the petitioner to the U. P. Civil (Judicial) Service. He appeared at the competitive examination that was held in August, 1958, for recruitment to this service and was then interviewed by the U. P. Public Service Commission; and as a result he was placed fifth in order of merit when the results were declared.Nevertheless the petitioner was not called to appear for the medical test, and he found that a number of persons who had been placed below him in the declared examination result, were being appointed as Munsifs after passing the medical test. Thereafter he sought interviews with the Minister of Justice and the Chief Minister of the State and claims that he was informed by them that the Government was not prepared to appoint him as a Munsif because of his connections with the Rash-triya Swayam Sewak Sangh and the Jan S...
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