Allahabad Court July 1961 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
The Dominion of India, Ministry of Railway, New Delhi and ors. Vs. Amr ...
Court: Allahabad
Decided on: Jul-31-1961
Reported in: AIR1963All134
A.P. Srivastava, J. 1. This is a defendants' appeal that arises out of a suit filed by the respondent for the recovery of Rs. 18,000/- as damages. 2. The case with which the respondent came to court was that the firm Vergi La) Chamshi Shah despatched 660 tins of ground-nut oil from Veldurti to Ghaziabad railway station under Railway Receipt No. 13470 dated the 4th or August, 1947. In due course the railway receipt was endorsed in favour of the Central Bank of India which, in its turn, endorsed it in favour of the Allahabad Bank which again was endorsed in favour of the plaintiff-respondent. The consignment was not delivered to the plaintiff on demand and, therefore, the plaintiff after serving the necessary notices required by Section 77 of the Indian Railways Act and Section 80 C.P.C. filed a suit against the present appellants for the recovery of Rs. 16,845/13/6 as the price of the consignment and Rs. 1154/2/6 by way of interest as damages at 6 per cent per annum. Risk Notes A and Z ...
Mirza Mohd. Aziz Vs. Safdar HusaIn and anr.
Court: Allahabad
Decided on: Jul-28-1961
Reported in: AIR1962All68
ORDERA.N. Mulla, J.1. This is a criminal revision in a case under Section 145 of the Code of Criminal Procedure.2. One Mirza Mohammad Aziz filed an application against Safdar Husain and Asghar Husain before the Deputy Superintendent of Police that they were threatening to take possession over a room in his house which was in his possession and this application was filed on the 19th July, 1959. The Deputy Superintendent of Police Lucknow sent it to a subordinate police officer who reported that there was an apprehension of a breach of the peace. This complaint was then forwarded to the Additional City Magistrate who took cognizance of it and passed a preliminary order on the 14th of November, 1959.The parties were then asked to file their affidavits and produce their documentary evidence and the Magistrate by his final order dated the 12tli January, 1961, handed over the disputed property to Safdar Husain and Asghar Husain and as the keys of the room were with one Nawab Ghaznafar Ali Kh...
Kishan Swarup Vs. Brijendra Singh and anr.
Court: Allahabad
Decided on: Jul-28-1961
Reported in: 1962CriLJ408
D.P. Uniyal, J.1. This is an appeal by the complainant against an Order of acquittal.2. Briefly stated, the facts which have given rise to this appeal are these. Raghunandan Lal, respondent No. 2, filed a suit against Kishan Swarup appellant and his uncle for recovery of a sum of money before the Nyaya Panchayat of Nagla Singh in the district of Agra. It appears from the order sheet of the Nyaya Panchayat at the suit was dismissed for default of the parties on the 28th September 1955. The order sheet was signed by respondent No. 1 who wag Sarpanch of the, Nyaya Panchayat at that time.It appears that an application for execution of the. decree was made before the Nyaya Panchayat by respondent No, 2 and thereupon on 'he 25th February 1956 respondent No. 1 issued a notice to complainant and his uncle demanding the payment of the decretal amount within fifteen days. The amount not having been deposited within the time allowed a formal decree was prepared on the 10th March 1956 and was duly...
Balak and ors. Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Jul-26-1961
Reported in: AIR1962All208
ORDERV.G. Oak, J.1. By this petition under Article 226 of the Constitution certain Government Notificationsissued under the Land Acquisition Act are being challenged. The State of Uttar Pradesh issued a series or notifications to the effect that, certain land was to be acquired for construction of staff quarters in connection with the North Eastern Railway Headquarters Scheme. The first notification dated 2nd March 1959 was under Section 4 of the Land Acquisition Act (hereafter referred to as the Act), and related! to an area of 113.78 acres. The second notification dated 16-4-1959 related to the same area of 113.78 acres, and was issued under Section 6 of the Act. The third notification related to a small area of 2 acres, and was issued under Section 4 of the Act. There are 60 petitioners. Their claim is that they are tenants of the land covered by the said notifications, and their land is being illegally acquired by the State Government. The petitioners have therefore prayed for a wr...
Modi Food Products Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Jul-25-1961
Reported in: [1962]13STC360(All)
V. Bhargava, A.C.J.1. The Judge (Revisions) has, under Section 11 of the U.P. Sales Tax Act, referred the following three questions for our opinion :-Question 1.-Whether it is sufficient for a claim under Section 5 that goods were actually delivered outside the State of Uttar Pradesh irrespective of the facts whether the property in the goods passed and the party taking delivery of the goods is not the party which had entered into a contract with the mills despatching the goods ?Question 2.-Whether the words 'sale for delivery outside Uttar Pradesh' mean that title would not pass until delivery is taken outside the State of Uttar Pradesh ?Question 3.-Whether rebate would be admissible when there are two contracts in respect of the same goods, one between the mills and the party residing in the State of Uttar Pradesh and the other between that party and a party residing outside the State of Uttar Pradesh, and goods are despatched outside the State on some instructions from the parties w...
Raghuraj Singh Vs. Murarilal and ors.
Court: Allahabad
Decided on: Jul-24-1961
Reported in: AIR1962All91
Mithan Lal, J.1. This appeal and Civil Revision No. 1402 of 1953 have been filed by the judgment-debtor, Raj Bahadur Chaudhari Raghuraj Singh, while the connected Appeal No. 301 of 1953 has been filed by the decree-holders Murari Lal and others.2. The judgment-debtor's appeal and revision both arise out of the same order of the Civil Judge, Bulandshahr, Sri S. Ibad Ali, dated 13th November, 1953, dismissing the objections of the judgment-debtor registered as Misc. Case Nos. 37 of 1953 and 38 of 1953, while the appeal filed by the decree-holders arises out of an order of the same Civil Judge dated 23rd May, 1953.3. The facts out of which these three cases arise are that Murari Lal and others or their predecessor decree-holders, filed a suit on the basis of a promissory note and were given a decree for a sum of Rs. 2,71,338/8/6 with proportionate costs payable in 20 instalments of six months each. This amount was later reduced by this Court by about Rs. 4,000/-. The decree also contains ...
The Municipal Board Vs. Gopi Nath
Court: Allahabad
Decided on: Jul-22-1961
Reported in: AIR1962All211
S.S. Dhavan, J.1. This is a second appeal by the Municipal Board Mathura against the concurrent decisions of courts below decreeing the suit of Sri Gopinath, plaintiff-respondent, for recovery of Rs. 1500/- as compensation for damages to his house caused by the negligence of the Municipal Board. The facts are these: The plaintiff Gopinath is the owner-occupant of a three storied house in a locality known as mohalla Ratna Kund in the city of Mathura. He filed die present suit on the following allegations:2. The Municipal Board maintains a water-supply system in the city and has laid a network of pipelines below the ground for this purpose. Two pipelines, one a main and the other a branch, run close to the plaintiff's house. The branch feeds a Municipal water-tap at the end of the street in which the plaintiffs house is situate and which is a blind alley. Other pipelines connect the private houses in the street with the main. All these piper lines are underground.3. Some time in October,...
Reserve Bank of India Through the Governor of the Reserve Bank of Indi ...
Court: Allahabad
Decided on: Jul-21-1961
Reported in: AIR1963All574
ORDERJagdish Sahai, J. 1. This revision application has been filed under the provisions of Section 25 of the Provincial Small cause Courts Act and is directed against the decree dated 28th of May, 1956, passed by Sri P. C. Rastogi, judge Small cause Court, Chandausi, decreeing a suit filed by the opposite parry Sri Ram Kumar Varshney for the recovery of a sum of Rs. 193/- against the applicant the Reserve Bank of India on the finding that the Currency Officer was not justified in refusing to make payment in respect of certain currency notes presented to him on the allegation that they were mutilated or imperfect.2. I have heard Mr. T. N. Sapru for the Reserve Bank of India and Mr. D. Sanyal for Sri Ram Kumar Varshney the plaintiff opposite party. Mr. Sapru has made the following three submissions before me.(1) Whether or not payment should be made in connection with a note presented at the currency office is in the sole discretion of the prescribed officer and the matter is not justici...
ShamshuddIn Vs. Zamina Bibi and anr.
Court: Allahabad
Decided on: Jul-13-1961
Reported in: 1962CriLJ124
ORDERW. Broome, J.1. This criminal revision application iS directed against orders passed by the S.D.M. Of Chandauli .West (District Banaras) on an application for realisation of maintenance awarded Under Section 488, Cri. P. C2. The opposite party Smt. Zamina Bibi granted Rs. 50/- the month as maintenance for herself and her shiee sons by an order dated 37-1-1959. On 27-7-1959 she applied for payment of the arrears that had accrued) but the husband Shamshuddin (the present applicant) pleaded in reply that be had divorced her by means of a notice sent on 20-2-1959. The learned Magistrate came t0 the conclusion that the divorce was not effective until 21-8-1959, when it came to the notice of the wife through tile assertion: made by Shamshuddin in court and he accordingly allowed her maintenance upto 21-11-1959 (i.e. Upto 21-8-1959 plus three months to cover the period of Iddat).3. On behalf of the opposite party, Smt. Zamina Bibi, an attempt has been made to argue that the Magistrate sh...
- ‹ Prev
- Next ›