Allahabad Court August 1961 Judgments
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Ghani and anr. Vs. State
Court: Allahabad
Decided on: Aug-08-1961
Reported in: 1962CriLJ411
ORDERKailash Prasad, J.1. These are two connected appeals which arise from the judgment of the Additional Sessions Judge of Muzaffarnagar. Appeal No. 136 of With. has been filed by Ghani and Shafi and appeal No, 168 of 196.1' has been filed by Nizamuddin and Isbaq alias Katta, These tour appellants, along with two others, were put up for Was Under Section 396 I.P.C. The Additional Sessions Judge convicted these four appellants and sentenced them each to imprisonment for life. The other two accused were acquitted by him.2. According to the prosecution, on the night between I3th and 14th May, 1960 there was a dacoity at the house of Baru in village /Nasirpur, district Muzaffarnaf&r.; Barn and. his cousin Hafeullah were sleeping in from of their house Baru's wife Smt. Midan and his daughters wee sleeping inside the house.At about midnight Baru woke up on hearing the alarm raised by his wife and children. He found two persons, armed with lathis, standing beside him. It also noticed that th...
Parkasho Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-07-1961
Reported in: AIR1962All151
ORDERS.N. Dwivedi, J.1. The petitioner' husband Banwari was murdered by the second and third respondents. They were tried under Section 302 read with Section 34 of the I. P. C; by the Sessions Judge, Meerut. By his judgment dated 5th November 1960 he sentenced them to death. They preferred am appeal against their conviction and sentence to this Court. Their appeal was dismissed on February 2, 1961 and' the sentence of death was confirmed by the Court. During the course of arguments on appeal it appears that their counsel also tried to impress upon the court the advisability of commuting the sentence of death to a sentence of life imprisonment. The court refused to do so, because it found no extenuating feature. They then presented a petition to the Governor for commuting their sentence of death to imprisonment for life. The Governor, by his order dated April 22, 1961 commuted the sentence of death to imprisonment for life. This petition is directed against the said order of the Governo...
Ram Katori and anr. Vs. Chamanlal and ors.
Court: Allahabad
Decided on: Aug-07-1961
Reported in: AIR1962All268
Srivastava, J.1. This is a court-fee matter. The Chief Inspector of Stamps when examining the records of this Court discovered that in First Appeal No. 93 of 1954 which had arisen out of suit No. 140 of 1951 filed in the Court of the Civil Judge, Saharanpur, proper court-fee had not been paid on the plaint. The court-fee paid on the memorandum of appeal was also found to be insufficient. He therefore, recommended that additional court-fee be realised not only from the appellant who had filed the appeal but also from the respondents who had filed the plaint in the Court of the Civil Judge. We are not concerned at present with the question whether any additional court-fee is payable in respect of the memorandum of appeal. The dispute be-fore us relates to the question of court-fee payable on the plaint. The Chief Inspector of Stamps has prayed that the deficiency in court-fee on the plaint should be directed to be made good. When the respondents were informed of this report an objection ...
Deputy Shankar Rastogi Vs. Principal, S.M. College and anr.
Court: Allahabad
Decided on: Aug-03-1961
Reported in: AIR1962All207
S.S. Dhavan, J. 1. This is a second appeal by a student who was not promoted by the Principal of his college and then filed, a suit to compel the college to promote him. The facts are these. The plaintiff:, Deputy Shanker Rastogi, was in 1947 a student of the S.M. College, Chandausi in the Bachelor of Commerce, first year, class. He appeared in the first terminal examination and stood third in his class. He failed to appear in the annual examination and produced a medical certificate proving his inability to sit in the examination. Thirty five other students, like him, did not sit because of illness. All of them, with one exception, were asked to appear at a supplementary examination. An exception was made in favour of a student suffering from tuberculosis on humanitarian grounds and also because he was considered 'a very brilliant student''. He was promoted into fourth year class without being asked to take the supplementary examination.2. All the students who were called upon to sit ...
State of Uttar Pradesh Vs. Sheikh Asghar and ors.
Court: Allahabad
Decided on: Aug-02-1961
Reported in: AIR1963All357
Mithan Lal, J. 1. This civil revision, filed by the State of Uttar Pradesh, arises out of an order passed by the learned Civil Judge, Jaunpur, dismissing the application of the State Government for its substitution on the death of the sole plaintiff Smt. Jumratan.2. Smt. Jumratan instituted a suit against the opposite parties. She died during the pendency of that suit on 15th January, 1951, and as nobody came forward as a legal representative during the period of limitation, an order of abatement of the suit was passed on 15th April 1951. On information received by the Government and after an enquiry the Government found that Smt. Jumratan had died heirless and that the property escheated to the Government. Thereafter, an application was made on 17th July 1952 for substituting the State Government in place of Smt. Jumratan.3. This application was opposed mainly on the ground that substitution could not take place some 15 months after the death of the plaintiff and that there being no r...
Om Prakash Vs. State
Court: Allahabad
Decided on: Aug-01-1961
Reported in: AIR1962All157
Kailash Prasad, J. 1. This is a petition for revision by Om Prakash 2. Om Prakash resides within the jurisdiction of the Sub-Divisional Magistrate, Pilibhit. Srimati Ram Dulari, alleging herself to be the wife of Om Prakash, filed a case Under Section 488 Criminal Procedure Code. Sri R.S. Agarwal, Sub-divisional Magistrate, Bisalpur ordered notice to be issued to Om Prakash. On receipt of this notice Om Prakash raised an objection to the effect that the Sub-Divisional Magistrate, Bisalpur had no jurisdiction to take proceedings against him under Section 488 Cri. P. C., as Om Prakash was not residing within his jurisdiction. The objection was disallowed by the Magistrate. 3. Against the order of the magistrate, Om Prakash filed a revision before the Sessions judge of Pilibhit. The learned Sessions Judge held that proceedings under Section 488 Cri. P. C. can be taken against any person in any district where he resides or last resided with his wife. He accordingly rejected the revision 4....
Happy Valley Tea Co. and anr. Vs. Darshan Lal
Court: Allahabad
Decided on: Aug-01-1961
Reported in: AIR1962All541
ORDERMithan Lal, J.1. This civil revision, filed by the defendants arises out of somewhat peculiar circumstances as will be revealed by the facts given below. 2. Lala Seo Prasad brought suit No. 461 of 1947 as Karta of the joint Hindu family against the present applicants in the court of Civil Judge, Dehra Dun, for recovery of Rs. 12,412/4/6. During the pendency of the suit Lala Sheo Prasad died and an application for substitution of his legal representatives was made on 1st April, 1949 praying that the name of Lala Darshan Lal be substituted in his place as Kart'a of the Joint Hindu family. Somehow no orders were passed on this application and the suit continued in the name of the deceased Lala Sheo Prasad. The parties entered into a compromise and filed it in court on 11th August, 1949. This was duly verified by the parties and it may be noted that on behalf of the plaintiff Lala Darshan Lal verified it. The compromise was recorded and a decree followed granting instalments to the de...
Sheo Prasad Vs. Additional District Judge and ors.
Court: Allahabad
Decided on: Aug-01-1961
Reported in: AIR1962All144
ORDERV.G. Oak, J.1. This writ petition is directedagainst an appellate order passed by the learnedAdditional District Judge, Moradabad under thePayment of Wages Act (hereinafter referred to asthe Act).2. Sheo Prasad petitioner was at one time a Railway employee. He was suspended on 14-3-48. An order for his removal was passed on 21-6-48, He instituted a civil suit for a declaration that his removal was wrongful. The civil court decreed the suit of the plaintiff for declaration on 21-9-55. The petitioner filed a claim before the City Magistrate, Moradabad on 1-3-56, claiming a sum of Rs. 12,576/11/, as arrears of his wages. This claim was resisted by the Railway administration. The City Magistrate returned the application on the ground that he had no jurisdiction. The same application was later presented before the Sub-Divisional Magistrate, Bilari. He passed an order on 14-6-58 allowing the petitioner's claim in part.3. The Union of India filed an appeal against the Claims Commissioner...
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