Allahabad Court October 1961 Judgments
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Virat Pal Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Oct-31-1961
Reported in: AIR1963All2
ORDERMithan Lal, J. 1. I have heard the learned counsel for the parties.2. The plaintiff's suit against the railway administration was dismissed on the ground that there being defective packing of the consignment the railway was not responsible for short delivery. This view taken by the learned Judge, Small Cause Court, Aligarh, is not quite correct. In this case a consignment of Aligarh locks was booked from Aligarh to Howrah. In the Forwarding Note and in the Railway Receipt it was noted that 'the planks of the cases were weak and loose'. The railway administration produced no evidence and the plaintiff found at the time of delivery that the cases were broken and had been re-nailed. The question is whether Section 74-A of the Indian Railways Act gives a complete protection to the railway. 3. The whole law on the point has been discussed in my judgment dated the 30th October, 1961, in Civil Revn. No. 740 of 1959. Two of the important cases on the point are Triloki Nath v. Governor-Gen...
Dina Nath Vs. Balkrishna and anr.
Court: Allahabad
Decided on: Oct-31-1961
Reported in: AIR1963All46
ORDERMithan Lal, J. 1. This civil revision has been filed by the petitioner under the following circumstances. 2. One Smt. Ram Rakhi who was the aunt, that is father's brother's wife, of the applicant, died during the last Kumbh tragedy on 3rd February 1954. On her person certain cash and ornaments were found and were taken possession of by the district authorities. The present petitioner made an application to the Mela Officer for handing over the cash and the valuables. The Mela Officer asked the petitioner to obtain a succession certificate before the property could be handed over to him. Thereafter the petitioner made an application under Section 372 of the Indian Succession Act in the court of the Munsif West Allahabad, who partly allowed the application inasmuch as he granted a succession certificate tor the amount of cash, but dismissed the application in respect of the other valuables. An appeal was filed to the District Judge who upheld the order of the learned Munsif holding ...
Ghasi Ram Vs. Shiv Dayal
Court: Allahabad
Decided on: Oct-31-1961
Reported in: AIR1963All121
S.S. Dhavan, J. 1. This is a plaintiff's second appeal against file decision of the learned District Judge of Rampur dismissing his suit for an injunction to restrain the defendant-respondent from discharging water through three parnalas on the first floor of the latter's house. The plaintiff alleged in his plaint that the defendant's house adjoined his and till 40 or 45 years ago it was a single-storeyed house. The plaintiff admitted that the house contained three parnalas through which rain water was discharged on the roof of the plaintiff's house which apparently was on a lower level. About 40 years ago the defendant's ancestors constructed a second storey and the parnalas were removed to the roof of the top storey. The plaintiff admitted that the defendant had been discharging rain water through the new parnalas on the plaintiff's roof and conceded his right to do so. But he complained that recently the defendant had re-opened the old parnalas on the lower floor which had remained ...
State of U.P. Vs. Abdul Qayum
Court: Allahabad
Decided on: Oct-31-1961
Reported in: 1963CriLJ817
Kailash Prasad, J.1. Abdul Qayum was prosecuted under Section 14 of the Foreigners Act for breach of para 7(2) of the Foreigners Order, 1948 by over-staying in India after the expiry of the period indicated in the permit and subsequently extended from time to time. The learned Magistrate, who tried the case, acquitted Abdul Qayum. The State has, therefore, filed this appeal against the order of acquittal.2. Abdul Qayum came into India on 15-12-1954 on a Pakistani passport No. 192177 and visa No. 69827 of category C. The Indian visa was Valid upto 9th March, 1955. The State Government, however, extended the period of his stay uptil 12-12-1955. Upon the expiry of that period, Abdul Qayum neither obtained permission for further stay in this country nor did he go back to Pakistan. He was, therefore, prosecuted as mentioned above.3. The defence of Abdul Qayum was that he is not a foreigner and the restrictions laid down in para 7 of the Foreigners Order were not applicable to him.4. The lea...
Gyanendra NaraIn Singh Vs. Collector of Allahabad and Others.
Court: Allahabad
Decided on: Oct-31-1961
Reported in: [1962]46ITR420(All)
By this writ petition under article 226 of the Constitution recovery proceedings in respect of agricultural income-tax dues are sought to be challenged. The only fact necessary to notice for purposes of the argument of the learned counsel for the petitioner is that a house alleged to belong to the petitioner, namely, house No. 16, Thatheri Bazar, Allahabad, is sought to be sold for realisation of agricultural income-tax dues against one Radhe Shiam. Learned counsel for the petitioner has invited my attention to the provisions of section 279 of the U.P. Zamindari Abolition and Land Reforms Act. By reference to the provisions of section, learned counsel has argued that before having recourse to the mode of recovery prescribed in section 279(f) the Collector was bound to exhaust the modes of recovery contained in sub-sections (a) to (e) to section 279. That is the only point which is raised before me by the learned counsel. I cannot see any force in the point as, to my mind, section 286, ...
Union of India (Uoi) Vs. Brijlal
Court: Allahabad
Decided on: Oct-30-1961
Reported in: AIR1963All1
ORDERMithal Lal, J. 1. The only point, which arises for consideration in this case, is whether in view of the provisions of Section 74-A and the defective packing of the goods the railway administration was not liable for damages. 2. In this case nine bales of cloth were booked from Kooperganj (Kanpur) on 18th August, 1956, to Siswa Bazar (Gorakhpur) at railway risk. Delivery of the goods was given one month and seven days after on 25th September, 1956. Two bales were found pilfered and soaked with water. After due notice the plaintiff brought a suit for recovery of Rs. 510/- as damages. The suit was dismissed by the trial court on the ground that the plaintiff failed to prove any misconduct or negligence on the part of the railway administration and as the plaintiff had not complied with the rules in packing the goods with tarpaulin the railway administration was not liable. The matter was taken up in revision to the District Judge, Gorakhpur, who gave a finding that the railway havin...
Bhagwati Prasad and ors. Vs. Dwarika Prasad
Court: Allahabad
Decided on: Oct-30-1961
Reported in: AIR1963All3
S.S. Dhavan, J. 1. This is a defendant's second appeal against the decision of the learned Civil Judge of Jaunpur restraining them from interfering with the plaintiff's right of discharging dirty water from his house to the defendant's and which is appurtenant to his house. The plaintiff alleged that he and another neighbour had been discharging water into the common drain which ran througn the defendant's land into another drain further away. He claimed a right of easement. The trial court disbelieved the plaintiff's version and held that there had never been any drain running through the defendant's land, and dismissed the suit. In appeal the appellate court took a different view of the evidence and held that the existence of the drain had been established and that the plaintiff had acquired a right of easement. He allowed the appeal and issued an injunction against the defendants, who have now come to this Court En second appeal. 2. Mr. P. N. Bakshi, learned counsel for the appellan...
Jessa Ram Fateh Chand Vs. Official Liquidators and anr.
Court: Allahabad
Decided on: Oct-30-1961
Reported in: AIR1962All370
Jagdish Sahai, J.1. This special appeal is directed against an order passed by Mootham, J., (as he then was) in exercise of company jurisdiction on the 2nd of January J.951. The facts involved in this case are very short. The appellants Messrs. R.B. Seth Jessa Ram Fateh Chand (hereinafter called the appellants) were appointed by an agreement dated the 18th of December, 1948, made between them and the respondent No. 2 the Vijay Lakshmi Sugar Mills Limited (hereinafter referred to as the mills), the sole selling agents of the Mills for one year upon the terms and subject to the conditions therein set out. In accordancewith the terms of the agreement the appellants deposited with the Mills a sum of Rs. 50,000/- as security for the due performance of their obligation under that agreement. In 1949 the Mills went into voluntary liquidation and by an Order of this Court dated 8th November, 1949, the liquidation was directed to continue under the supervision of the Court. The appellants claime...
Kesari Devi Vs. Dharma Devi
Court: Allahabad
Decided on: Oct-30-1961
Reported in: AIR1962All355; [1963]33CompCas93(All)
Desai, C.J. 1. This is an appeal from an order of a District Judge granting a succession certificate to the respondent. There is no dispute about the facts. The appellant is the widow of Jhunnoo Lal, while the respondent is the widow of his brother Mannu Lal. In 1948 Jhunnoo Lal took an insurance policy from the Hindustan Co-operative Insurance Society Ltd., for Rs. 5,000/-. According to its terms the Company promised to pay the amount of Rs. 5,000/- on Jhunnoo Lal's surviving the 10th April of the year immediately preceding the expiry of thirty years from the date of the commencement of the insurance, or, off his prior death, to him, or 'his Nominees, Executors, Administrators, Assigns or other Representatives, as the case may be,' subject to proofs being given of the title of the claimants to the policy. Under Section 39 of the Insurance Act the assured nominated Mannu Lal as his nominee. Thus under the policy, the Insurance Company bound itself to pay Rs. 5,000/- to the assured) if ...
Buland Sugar Co. Ltd. Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Oct-30-1961
Reported in: AIR1962All425
Srivastava, J. 1. These two appeals are connected with each other as they involve a common point of law. They have, therefore, been heard together and we shall dispose them of by a common judgment.2. The appellant in First Appeal No. 41 of 1954 is the Buland Sugar Co. Ltd., Rampur, while the appellant in First Appeal No. 42 of 1954 is the Raza Sugar Co. Ltd. Rampur. Both these limited companies were incorporated in the former Slate of Rampur under the Rampur State Companies Act 1932. The former commenced its business on the 24th November 1935 and the latter on the 17th December 1933. The Nawab of Rampur was the ruler of the Rampur State at that time. He was anxious to develop the sugar Industry in his State and, therefore, promised some facilities and concessions to the promoters of these two companies before they were incorporated. The assurances given to the appellant in First Appeal No. 41 of 1954 were embodied in an agreement entered into between the ruler of the State and the comp...