Allahabad Court December 1963 Judgments
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Prasidh NaraIn Singh Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Dec-09-1963
Reported in: AIR1964All278
M.C. Desai, C.J.1. This is a petition, for certiorari to quash an order dated 13-9-1962, passed by opposite party No, 2, the Development Commissioner, U.P., terminating the petitioner's services. The petitioner was appointed to the temporary post of Assistant District Planning Officer on 22-3-1957. In the order of appointment it was clearly stated that he was appointed on the basis of a recommendation made by the Public Service Commission, U.P., and that the post was 'temporary and cart be terminated at any time without notice.' The appointment was neither substantive nor on probation. Subsequently the petitioner was appointed as Block Development Officer Mathura which again was a temporary post. In May, 1961, the President of Vikas Samiti, Mathura, and pradhan of Bindraban Bangar Gaon Samaj published a pamphlet containing allegations against him. A Sub-Divisional Magistrate, Sri Mohammad Ibrahim under the District Magistrate's direction held an enquiry into the allegations and found t...
Shabbir Vs. State
Court: Allahabad
Decided on: Dec-06-1963
Reported in: AIR1965All97; 1965CriLJ258
Jagdish Sahai, J. 1. This criminal revision was listed for hearing before Satish Chandra, J, who along with Capoor and Tripathi, JJ., was appointed to be an Additional Judge of this Court in the beginning of October, 1963. All of the three made and subscribed to the following oath in the presence of the Chief fustice of the Court on 7-10-1963:'I-----, having been appointed Additional Judge of the High Court of Judicature at Allahabad do swear in the name of God that I will bear true faith and allegiance to the Constitution of India as by law established, that I will duly and faithfully to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.'2. The Chief Justice purported to act under a letter of authority, dated August 25, 1963 addressed to him by the Governor of Uttar Pradesh. That letter reads as follows:'Governor Uttar Pradesh, Governor's Camp.Uttar Pradesh,...
Nandan Singh Bhist Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-06-1963
Reported in: AIR1964All327; 1964CriLJ11
B. Dayal, J.1. This is an application under Section 491 Cr. P. C. read with Article 226 of the Constitution of India alleging that the detention of the applicant under Rule 30 (1) (b) of the Defence of India Rules, 1962 is illegal. Several grounds were taken when the petition was presented but many of them have now become without any force because of the decision of the Supreme Court and other circumstances. The only contention pressed by learned counsel for the applicant was that the case of the applicant was not reviewed according to the provisions of Rule 30A (9) of the same Rules.2. The facts which are necessary for the decisionof this point are that the detention order against theapplicant was passed by the State Government on the9th of November, 1962. The applicant was, in theenforcement of that order, arrested on the 10th of November, 1962. The applicant made a representationagainst his detention and on the 31st of January, 1953this representation was rejected. While rejecting t...
Usman Ali Khan Vs. State
Court: Allahabad
Decided on: Dec-05-1963
Reported in: AIR1965All39; 1965CriLJ3
ORDERM.H. Beg, J. 1. This is a revision application against a conviction under Section 7(16) or the Prevention of Food Adulteration Act. The applicant was fined Rs. 300/-. and, in default, sentenced to undergo three months' rigorous imprisonment by a learned Magistrate of Bareilly. The conviction and the sentence were maintained on appeal by an Additional Sessions Judge of Bareilly. 2. The prosecution case, which has been be lieved by both the courts below, was that theapplicant was exposing buffalo milk ten sale, and that a Food Inspector took a sample of that milk on payment of its price to the applicant and then sent it to the Public Analyst. The milk was found to be adulterated. Consequently, the applicant was prosecuted and convicted. The courts below found that the Food Inspector had paid nine annas as the price of the milk sold by the applicant to him as a sample. The milk, taken as a sample, was divided into three portions, each sealed in a Phial which was labelled. One of the ...
Cheddu Singh Vs. Monohar Singh and anr.
Court: Allahabad
Decided on: Dec-05-1963
Reported in: AIR1964All179
Desai, C.J.1. This is an appeal from a judgment of our brother Nigam dismissing the appellant's petition for certiorari for the quashing of an order passed by a Sub-Divisional Officer under Section 12-C of the U. P. Panchayat Raj Act setting aside the appellant's election as Pradhan of a Gaon Sabha on the ground that he held an office of profit under the Central Government. It is not in dispute that the appellant is an extra departmental branch post master and that post master and branch post masters are appointed by the Central Government.The appellant is paid not a salary but a monthly allowance of Rs. 15/-, dearness allowance of Rs. 12/- per month and a delivery allowance of Rs. 5/- per month. He contested the election for the office of Pradhan of a Gaon Sabha with respondent No. 1. There was no opposition to his being nominated as a candidate for the election though Section 5-A of the Act lays down that a person shall be disqualified for being chosen, or nominated to and for holdin...
Sulbha Devi Gupta Vs. the Benares Cotton and Silk Mills Ltd. (In Liqui ...
Court: Allahabad
Decided on: Dec-02-1963
Reported in: AIR1964All473
Jagdish Sahai, J.1. This First Appeal From Order under Section 202 of the Indian Companies Act, 1913 (hereinafter referred to as the Act) has been filed, by Srimati Salbha Devi Gupta against the order dated 28th May, 1963, passed by Sri R.N. Misra, District Judge, Varanasi, in Company Case No. 21 of 1954, Messrs Goverdhan Das Badri Prasad v. The Benares Cotton and Silk Mills, (In liquidation) dismissing the appellant's petition filed under Section 153 of the Act read with Sections 173 and 174 of the Act.2. It would contribute to a clear understanding of the questions raised before us if the following facts are mentioned :The Benares Cotton and Silk Mills Ltd. (hereinafter referred to as the Company) came under liquidation under circumstances which need not be enumerated here. An Official Liquidator was appointed and so was a Committee of Inspection. Amongst other eight persons the Committee of Inspection included Sri Jagdish Singh Thapar, the Manager of Messrs Karam Chand Thapar and Br...
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