Allahabad Court July 1962 Judgments
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Jan Mohammad Vs. State
Court: Allahabad
Decided on: Jul-31-1962
Reported in: AIR1963All501; 1963CriLJ481
Srivastava, J.1. This is an appeal by Jan Mohammad who has been convicted under Sections 302 and 307, I.P.C. by the Civil and Sessions Judge of Mirzapur. For the former offence he has been sentenced to death and for the latter to undergo seven years' rigorous imprisonment. The usual reference under Section 374 ofthe Cri. P.C. for the confirmation of the death sentence is also before us.2. Learned counsel for the appellant did not question before us the correctness of the conviction of the appellant for both the offences. He also did not challenge the main findings recorded by the learned Sessions Judge against he appellant. On a perusal of the record the conviction appears to be perfectly justified. Though an attempt was made at the trial Court to make some of the witnesses to go back on their earlier statements, there can be no doubt that the Sessions Judge was right in his findings that on the 1st May 1961 at about 8 a.m. the appellant Jan Mohammad went to the house of Arshuddin Khan...
Om Prakash Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Jul-30-1962
Reported in: AIR1963All242
B. Dayal, J. 1. These seven First Appeals From Orders have been connected together as common questions of fact and law arise in all these cases. The appellant in all the cases, Shri Om Prakash, entered into certain contract with the military department during war period, in respect of which, there were disputes and according to an arbitration clause in the agreement the matter was to be referred to an arbitrator. In appeals Nos. 220, 221, 223 and 224 of 1952 the contracts provided for arbitration by the Director of Farms General Head Quarters, Simla, in appeals Nos. 222 of 1952 and 226 of 1962 the Officer-commanding Lucknow was to be the arbitrator and in appeal No. 225 of 1952 the contract provided that the arbitrator would be a certain Quarter Master at Delhi, The case of the appellant is that all these posts were abolished after the war and the officers mentioned in the respective agreements did not exist. Consequently, the appellant talked over the matter with the military officers...
Radha Krishna Vs. Krishna and ors.
Court: Allahabad
Decided on: Jul-30-1962
Reported in: AIR1964All325
Mithan Lal, J.1. This execution first appeal filed by the decree-holder arises out of the following circumstances.2. The decree-holder filed a suit against respondent No. 1 claiming certain property as an adopted son of Shanker Lal. The respondent claimed the property as a reversioner. The plaintiff's suit was decreed by the trial court but the decree of the trial court was reversed by the High Court and then the decree of the High Court was reversed by the Privy Council. The plaintiff was also awarded costs against the defendant, who is respondent No. 1. The judgment of the Privy Council is dated 6th/23rd November 1944.3. The decree-holder made the first execution application for recovery of costs in 1948 but it was dismissed. Thereafter another execution application wasmade on 16th May 1952 and it was alleged that thisapplication was within time because of certain paymentsmade by the judgment-debtor i.e. Rs. 1100/- on 3rdFebruary 1948, Rs. 1000/- on 3rd April 1950 and Rs.1000/- on 6t...
Lakshman Prakash Vs. Commissioner of Income Tax, U.P.
Court: Allahabad
Decided on: Jul-27-1962
Reported in: AIR1963All172; [1963]48ITR705(All)
Desai, C.J.1. The following question has been referred by the Income-tax Appellate Tribunal, Delhi Bench:'Whether in the fact and circumstances of this case and on a true interpretation of the relevant terms of Sections 31 and 34 the assessment for year (1944-45 made on the assessee on 24-1-52 in the status of an 'individual' was in order?' The reference was laid before a Bench which, considering that a decision of another Bench of this Court may require reconsideration, has referred it to a larger Bench, and so it has been laid before us.2. We are concerned with the assessment for the year 1944-45, the relevant account year being the financial year 1943-44. The assessee is Lakshman Prakash, who calls himself proprietor of Messrs. National Emporium. In the assessment years 1940-41 and the next three years the assessee was assessed as a Hindu undivided family. For the assessment year in question the assessee filed a return in his capacity as an individual and not as a manager of a Hindu...
The National Chamber of Commerce Ltd., Kanpur Vs. Nitya Nandan Deoki N ...
Court: Allahabad
Decided on: Jul-26-1962
Reported in: AIR1963All294
B. Mukerji, J.1. This is an appeal on behalf of a defendant-company, namely, the National Chamber of Commerce Limited, Kanpur, against a decree made by the learned Civil Judge, Kanpur, on the 16th February, 1951, decreeing a sum of Rs. 63,200/- as principal along with interest at 6 per cent, per annum recoverable from the 28th July, 1947, to the date of the suit: pendente lite and future interest were also awarded by the learned Judge at the rate of 3 per cent, per annum simple. The defendants were also ordered to pay the costs of the plaintiffs.2. The plaintiffs sued for the recovery of the aforementioned amount with interest on the ground that the plaintiffs had deposited with the defendant-Chamber of Commerce a sum of Rs. 70,600/- between dates in April and June, 1947, because the defendants had assured the plaintiffs that they could deal in forward transactions in respect of oil seeds and that the Chamber would hold the money for the plaintiffs as 'margin money' in respect of the f...
Shri Kishan Vs. K.S. Gandhi and ors.
Court: Allahabad
Decided on: Jul-26-1962
Reported in: AIR1963All532
Jagdish Sahai, J.1. The respondent No. 1, K. S. Gandhi (hereinafter referred to as Gandhi) filed a suit against the petitioner in the Court of the Judge Small Causes, Allahabad, for the recovery of a certain amount of money as rent from the petitioner for the premises 21, Canning Road, Allahabad. The suit was contested, inter alia, on the ground that the contract between the parties was void under Section 23 of the Indian Contract Act (hereinafter referred to as the Act), the that Court decreed the suit. A revision application was filed before the learned District Judge, Allahabad, under Section 25 of the Provincial Small Cause Courts Act which was allowed and the case remanded for trial to the Judge Small Cause Court. Thereafter a revision application was filed by the petitioner in this Court under Section 115, C.P.C., which was also dismissed on 1-11-1961 by Desai, C. J. and Ramabhadran, J. Thereafter the present petition was filed in this Court purporting to be under Articles 226 an...
Km. Nafees Ara Vs. Asif Saadat Ali Khan
Court: Allahabad
Decided on: Jul-25-1962
Reported in: AIR1963All143; 1963CriLJ394
ORDERB.N. Nigam, J.1. Kumari Nafis Ara through her mother Smt. Khatoon filed an application under Section 488 of the Code of Criminal Procedure on 25-9-1954 in the court of Sri Farkat All Magistrate. That application was dismissed on 17-12-1954. Thereupon the applicant filed a suit in the court of Munsif South, Lucknow claiming a declaration that she was the illegitimate daughter of the respondent Asif Saadat Ali Khan. That suit was decreed. No appeal or revision was filed. The decree became final. Thereupon the petitioner, who is aged 9, filed a fresh application under Section 488 of the Code of Criminal Procedure in the court of the Magistrate and the application was dealt by Sri Sadhu Singh and was dismissed by him. A revision, application No. 74 of 1960, was filed in the court of the sessions Judge, Lucknow. The learned Sessions Judge has by his order dated 14-8-1961 made this reference to the High Court recommending that the order of Sri Sadhu Singh be set aside and the learned Ma...
Anwar Ahmad Khan Vs. the Regional Transport Authority, Lucknow and ors ...
Court: Allahabad
Decided on: Jul-20-1962
Reported in: AIR1963All38
ORDERN.U. Beg, J.1. This is a writ Petition under Article 226 of the Constitution of India. It arises out of a contest for permit for the route of Tambor to Sitapur via Hargaon and Laharpur. It appears that respondent No. 3 Shaym Sunder Lal was holding one Regular Stage Carriage Permit No. 324/ST valid for three years from the 4th April 1957, to the 3rd April, 1960, for the said route. On the 2nd April 1960, he applied for renewal of the said permit for a further period of three years. This application for renewal was obviously time-barred, as under Section 58 (2) of the Motor Vehicles Act (Act No. IV of 1939), hereinafter called the Act an application for renewal of such a permit could be made sixty days before the main permit is due to expire. Under Section 58(3) the Regional Transport Authority could, however, condone delay up to a period of 15 days only.Even making a margin for a period of 15 days' which could be condoned by the Regional Transport Authority tne application of the r...
Ram Krishna and anr. Vs. Mukand Shanker and anr.
Court: Allahabad
Decided on: Jul-19-1962
Reported in: AIR1963All49
Mithan Lal, J. 1. This appeal filed by the judgment-debtor against the order of dismissal of their objection arises out of the following circumstances.2. The decree-holder obtained a decree for specific performance of a contract of sale. The operative portion of the judgment is as follows:-'The suit for specific performance of the contract dated 23rd November, 1944, is hereby decreed with costs on payment of Rs. 7143/12/- by the plaintiffs to the defendants. Let a sale-deed be duly executed by defendant No. 1 as karta of the family on his behalf and also on behalf of defendant No. 2 in favour of the plaintiffs within 30 days from today failing which the plaintiffs may get the sale-deed executed through Court.'3. The aforesaid decree was passed on 5th October, 1950. On 4th November, 1950, that is within thirty days, the decree-holder sent a telegram to the judgment-debtor to execute the sale-deed. The decree-holder further said that he was prepared to pay the sale-price. A reply to this...
Ranbir Singh Vs. Bataiya and anr.
Court: Allahabad
Decided on: Jul-17-1962
Reported in: AIR1963All108
B. Dayal, J. 1. This appeal has been referred to this Bench by a learned Single Judge of this Court which arises out of a suit filed by the five plaintiffs for ejectment, and possession over a grove alleging that the defendants were trespassers. The suit was contested by the defendants on the ground that the plot was not a grove of the plaintiffs and the plaintiffs, therefore, had no right in it. The trial court dismissed the suit with costs. Out of the five plaintiffs, only one Ranbir Singh filed an appeal in the court below which was heard by the Temporary Civil Judge of Orai. The court below took the view that since the suit had been filed by five of the plaintiffs, and their interest was not separable, only one of the plaintiffs was incompetent to file an appeal and dismissed the appeal on that ground. Ranbir Singh has consequently filed this Second Appeal and the contention of the learned counsel for the appellant is that the court below was wrong in dismissing the appeal on that ...
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