Allahabad Court January 1962 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.
Faqir Mohammad Vs. Amina
Court: Allahabad
Decided on: Jan-18-1962
Reported in: AIR1964All246
ORDERS.C. Manchanda, J. 1. This is a revision against an order of the Civil Judge rejecting an appeal against an order of the Munsif dismissing the objections against the award taken by the petitioner. 2. It is necessary to set out the facts in order to appreciate the contentions raised. The respondent wife had filed a suit for dissolution of marriage under the Dissolution of Muslim Marriages Act VIII of 1939 on the ground of cruelty of the husband petitioner and his failure to maintain her. Mr. Kidwai an advocate was appointed Commissioner to examine the respondent wife. The date fixed for this purpose was the 13th of December, 1957 but on that day the parties and their counsel made an application addressed to the court wherein it was stated that the parties had agreed to refer the matter of divorce to the arbitration of Haji Mohd. Ismail. Hakim Murtaza Hussain and Himayat Ullah Kidwai, an advocate of Faizabad. It was categorically stated that the arbitratorswere at liberty to take ev...
ishwar Dayal Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Jan-16-1962
Reported in: AIR1962All412
M.C. Desai, C.J. 1. This is a special appeal by a permit-holder against an order of Tandon, J. rejecting his petition for certiorari to quash an order of the State Transport Authority reclassifying a certain route as 'A' class route. There was previously existing a route from Bulandshahr to Naraura which was a 'B' class route. Later an extension was opened upto Ramghat and the appellant, who was a permit-holder on the Bulandshahr-Naraura route, applied to the Regional Transport Authority for including the extension in his permit. The application was allowed and the extension also was classed as 'B' class route.When the order of the Regional Transport Authority went before the State Transport Authority for confirmation, the latter classified the whole route as 'A' class route on the ground that its condition bad improved very considerably. No notice was given to the appellant or any other permit-holder of the route before this classification by the State Transport Authority. The appella...
British Transport Co. Ltd. Vs. Suraj Bhan and ors.
Court: Allahabad
Decided on: Jan-15-1962
Reported in: AIR1963All313
Bhargava, J.1. This special appeal is directed against a judgment of a learned single Judge of this Court dismissing a second appeal arising out of an execution proceeding. One Suraj Bhan had obtained a money decree against one Sardar Singh. The decree-holder sought execution of the decree by attachment of various properties, one of them being an amount alleged to be payable to the judgment-debtor Sardar Singh by the appellant, the British Transport Co. Ltd. Delhi. This amount was said to have been payable as being due in respect of hire of a bus which had been leased out to the appellant company at a rate of Rs. 8/- per diem on behalf of Sardar Singh and Babu Singh, joint owners of the bus. It was further alleged that in the rent the share of Sardar Singh and Babu Singh was half and half, so that the appellant company was liable to pay rent at the rate of Rs. 4/-per diem to Sardar Singh. The decree-holder sought execution of the decree by taking garnishee proceedings in respect of the...
imperial Tobaco Company of India Ltd. Vs. Industrial Tribunal (iii) an ...
Court: Allahabad
Decided on: Jan-12-1962
Reported in: (1962)IILLJ705All
A.P. Srivastava, J.1. This is a petition under Article 226 of the Constitution of India.2. Seven prayers have been made in it but the petition is pressed only with respect to the last-mentioned prayer. It is, therefore, not necessary to state the facts in detail so far as they relate to the other prayers. The last prayer for which the petition is pressed is that an order, direction or writ be issued requiring the opposite party 1 to decide issues 2 and 3 as preliminary issues.3. In order to appreciate the facts leading up to the abovementioned prayer it would be sufficient if it is mentioned that the petitioner is a limited company which employs a large number of persons. In respect of the bonus payable to its employees for the calendar year 1959 an agreement was arrived at between the company and the workers and was implemented by the Government. Then a dispute was raised about the bonus payable to the workers for the financial year 1959-60 and that dispute had been referred by the Go...
Kishan Lal Vs. A.S. Higher Secondary School, Jahangirabad Through B. P ...
Court: Allahabad
Decided on: Jan-10-1962
Reported in: AIR1963All330
Desai, C.J.1. This is a report by the Chief Inspector of Stamps for realising from the appellant, who was the plaintiff in the trial Court, additional Court-fee payable on the plaint. We are not concerned with the other prayer contained in the report that the Additional Court-fee be realised from the appellant as payable on the memoranda of appeal in this Court because it will be dealt with by the Taxing Judge. The only question before us is whether any additional Court-fee should be realised from the appellint on the ground that the Court-fee paid by him on the plaint was insufficient.2. The suit brought by the appellant was for a declaration that a sale deed executed by one of the defendants for Rs. 1,500/- and a Waqf deed executed, by her in respect of property valued at Rs. 40,000/-, were not binding upon him on her death because she was a Hindu widow and the alienations made by her were without legal necessity and not for the benefit of the estate and he was the nearest reversione...
Pushkar Datt Vs. Union of India (Uoi), New Delhi and anr.
Court: Allahabad
Decided on: Jan-09-1962
Reported in: AIR1963All441; [1962(4)FLR165]; (1962)ILLJ685All
D.P. Uniyal, J.1. This is an appeal by the plaintiff against the decision of the Civil Judge reversing the decree of the Munsif and dismissing the suit.2. The facts of the case were shortly these. The plaintiff Pushkar Dutta was employed as a fitter in the office of the Divisional Superintendent, East Indian Railway, Allahabad, since 7-5-40. He absented himself from duty without leave from 14-10-47 to 3-11-47. When he returned to work on 4-11-47 he was served with a charge-sheet (Ex. B) and was called upon to show cause why he should not be punished with the penalty specified in Item 6 of the List for unauthorised absence from duty from 14-10-47 to 3-11-47. The penalty specified in Item 6 of the List was removal from service. The plaintiff wrote out his explanation on the charge-sheet itself the same day saying that his brother was seriously ill and hence he was unable to attend his duty. No fresh notice, or opportunity was given to the plaintiff in regard to the action proposed to be ...
Suti Mills Mazdoor Sabha and ors. Vs. Muir Mills Co. Ltd. and ors.
Court: Allahabad
Decided on: Jan-08-1962
Reported in: (1962)IILLJ715All
V.G. Oak, J.1. This writ petition is directed against an award of a labour court. Sooti Mills Mazdoor Sabha, Kanpur, is petitioner 1. Muir Mills Company, Ltd., Kanpur (hereinafter referred to as the company), are the principal respondent.2. In 1957 the company suspended a number of its workmen on certain charges. The company applied to the Regional Conciliation Officer, Kanpur, for permission to dismiss the workmen, as certain oases were pending before him. On 24 January 1958 permission was refused. Nonetheless the company proceeded to pass an order dismissing twenty workmen with effect from 15 February 1958. Petitioner 1 raised the question that dismissal of the twenty workmen was wrongful. The State Government, therefore, referred the question, whether the suspension and dismissal of the workmen were wrongful and unjustified, for decision by the labour court at Meerut. The labour court gave its award on 16 February 1959 holding that the dismissal of the workmen was Justified. The awa...
Ram Babu Vs. Lakshmi NaraIn and anr.
Court: Allahabad
Decided on: Jan-04-1962
Reported in: AIR1963All252
Bhargava, J.1. This special appeal has arisen in the following circumstances. The appellant, a minor, had brought a suit through his father as next friend which was numbered as Suit No. 297 of 1942. That suit was contested by the respondent, Lakshmi Narain, and was ultimately dismissed on the 31st of August, 1943. Against this decision a first appeal was filed by the Appellant which was numbered as Appeal No. 292 of 1943 and was pending in the Court of the District Judge. It was later transferred to the Court of the Civil Judge.Subsequently, while this appeal was still pending, an agreement for reference of certain disputesto an arbitrator was executed on the 10th of July, 1944. To that agreement there were various parties including the appellant, his father, his grandfather, the respondent and some other persons. The reference to the arbitrator was in respect of a number of disputes including the dispute which was the subject-matter of Appeal No. 292 of 1943. After this reference had ...
Arjun Sahai Vs. Pitamber Das and ors.
Court: Allahabad
Decided on: Jan-04-1962
Reported in: AIR1963All278
V. Bhargava, J.1. This is a defendant's special appeal arising out of a suit for the recovery of the entire amount due on a bond executed by the defendants on 20th September 1931. The bond was payable in 18 six monthly instalments which were to fall due in the months of Aghan and Jeth every year. The last instalment fell due on 19th June, 1940. The bond contained three stipulations as follows :1. If any instalment was not paid then from the date of the default upto the date of payment of that instalment interest at annas eight per cent per mensem was payable on the amount of the instalment; 2. if there was any default in payment of two successive instalments the creditor was to have a right to realise the principal and the interest due on those two instalments which remained unpaid; and 3. if the creditor so desired he could realise the entire amount of the bond on default of payment of all the instalments. 2. It is the admitted case of the parties that the defendants did not pay any i...
Surendra Bahadur Singh Vs. the State and anr.
Court: Allahabad
Decided on: Jan-03-1962
Reported in: AIR1962All456
ORDERS.D. Singh, J.1. This reference has been made by the learned Sessions Judge, Gonda under Section 438 of the Code of Criminal Procedure in respect of certain proceedings pending before Sri A.S. Misra, Sub-Divisional Magistrate, Utraula, Gonda. The applicant in the case is Sri Surendra Bahadur Singh, Station Officer, police station Mankapur in district Gonda, in order to understand the points involved in the decision of this reference, the facts giving rise to it have to be narrated in detail. While the applicant Sri Surendra Bahadur Singh was posted as Station Officer, Police Station Mankapur, some complaints regarding bribery, corruption, coercion and misconduct were made to the Uttar Pradesh Home Minister by Sri Baldeo Singh, M. L. A. Copies of these complaints were forwarded by the Government to the District Magistrate, Gonda, and a magisterial enquiry was desired into these allegations. The exact order which was received by the District Magistrate is not on the record, but the ...
- ‹ Prev
- 1
- Next ›