Allahabad Court September 1963 Judgments
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Badri Nath Pandey Vs. U.P. State and ors.
Court: Allahabad
Decided on: Sep-16-1963
Reported in: AIR1965All127; 1965CriLJ271
ORDERD.S. Mathur, J. 1. This is an application in Revision by Badri Nath Pandey to challenge the order dated 11-10-1962 of the Sub-Divisional Magistrate, Gyanpur, Varanasi, whereby the proceeding under Section 145 Cr P C. was dropped, the attachment of the property in dispute was withdrawn and the property was to he left as it was found at the time of the attachment though if was not to be handed over to any particular party.2. The facts of the case, in brief, are that apprehending breach of peace the applicant, Badri Nath Pandey moved the Magistrate for raking proceeding under Section 145 Cr. P C. with regard to two agricultural plots. The Magistrate was satisfied that there was an imminent danger of the breach of peace and, therefore, passed a preliminary order as contemplated by Section 145 Cr. P. C. and also attached the plots. Parties were called upon to file their written statements and also affidavits, The Magistrate was, however, not in a position to come to a decision as to wh...
Jwala and anr. Vs. Ram Dutta and ors.
Court: Allahabad
Decided on: Sep-13-1963
Reported in: AIR1964All437
1. This is a plaintiff's appeal arising cut of a suit for injunction restraining the defendant-respondents from cultivating the plot in suit and from integer-ing with its use by the appellants and other members of the village community as a 'marghat' (cremation ground). The suit was brought under Order 1, Rule 8, C. P. C., on the allegation that plot No. 3270-B, area 4.27 acres, situate in village Rampur Raja, district Etah, was a cremation ground and it had been used as such since time immemorial. It was alleged that the defendant-respondents Nos. 1 to 4 had obtained, leases of the land in suit from the Pradhan of the Gaon Sabha and had started cultivating a portion of the land for some time prior to the institution of the suit. It was contended that, the Gaon Sabha or the landlord had no right to grant the lesse with respect to the land in suit and such grant of lease was void. It was further alleged that the respondents Nos. 1 to 6 were cultivating the land in suit which would inter...
Mohammad Sher Khan Vs. Union of India (Uoi) Through the Home Secy. and ...
Court: Allahabad
Decided on: Sep-11-1963
Reported in: AIR1964All63
ORDERG.C. Mathur, J.1. This is an application in revision against an order of the Civil Judge Bahraich by which he has dismissed the appeal of the applicant against an order of the Munsif refusing to grant a temporary injunction.2. The applicant had filed a civil suit for a declaration that he was an Indian National and for a permanent injunction to restrain the respondents from deporting him out of India. The allegations in the plaint were that the applicant was a citizen of India at the time when the Constitution came into force, that he subsequently went to Pakistan and owing to certain circumstances had to return after obtaining a Pakistani passport, that he had not lost his Indian citizenship and that the respondents were now seeking to deport him out of India.After filing the suit he made an application before the Munsif for a temporary injunction to restrain the respondents from deporting him out of India. Though an ex parte order of injunction was granted it was vacated after t...
Deo NaraIn and anr. Vs. Board of Revenue and ors.
Court: Allahabad
Decided on: Sep-11-1963
Reported in: AIR1964All419
Desai, C.J.1. We are satisfied with the reasons given in the affidavit for the delay with which this appeal was filed, and under Section 5 of the Limitation Act we treat the appeal as having been filed within time.2. The question that was raised before the revenue Courts is whether a gift of bhumidari rights is governed by Section 122 of the Transfer of Property Act. Section 122 defines what is 'gift' and it has not been shown that this definition does not apply to gifts of bhumidari rights. It applies to gifts of all immovable properties including bhumidari rights. There cannot be a gift unless there is acceptance and if the appellants failed to prove acceptance by their father it means that they failed to prove that there was a gift. U. P. Act No. X of 1949 does not define 'gift' or does not substitute another definition of 'gift' for that contained in Section 122, Transfer of Property Act in regard to bhumidari rights; it only states that a gift can be made of bhumidari rights. What...
Mahesh Chandra Gupta and anr. Vs. the State
Court: Allahabad
Decided on: Sep-11-1963
Reported in: AIR1964All572
ORDERD.S. Mathur, J. 1. This is an application in revision by Mahesh Chandra Gupta and Umesh Chandra Gupta to challenge their conviction of an offence punishable under Sections 9 and 11(c) of the Prize Competitions Act, 1955 (to be referred hereinafter as the Act) for contravention of the provisions of Section 4 thereof. They have both been sentenced to a fine of Rs. 600/-, Rs. 500/- each under Section 9 and Rs. 100/- each under Section 11(c), in case of default, three months' Rule 1.2. The Act was passed on October 22, 1955, but came into force on April 1, 1956. No notification pertaining to the appointment ot licensing authority was published till August 25, 1956; and no general or special order as contemplated by Section 14 of the Act was passed till then. The result was that even though the Act came into force on 1-4-1956, there was till 25-8-1956 no licensing authority to whom an application for the grant of licence under Section 6 could be made, nor was there any special police o...
Ram Asrey Baiswar Vs. Subedar Pandey and anr.
Court: Allahabad
Decided on: Sep-10-1963
Reported in: AIR1964All169
N.U. Beg, J.1. The District Board continued to function in Barabankl still the 30th of April, 1958. From the 1st of May, 1958, it was replaced by Antanm Zila parishad. The petitionerin this writ petition was a member of the Antanm ZilaParishad. His allegations in the present writ petition are that on the 7th of September, 1961, he received a letterin which a complaint was made against the conduct orrespondent No. 1 Sri Subedar Pandey. In this letter (sic)was stated that between the years 1948 and 1952 whenSubedar Pandey was acting as a Tax Officer he used tosome to Lucknow regularly and attend classes here during the day time. At the same time, he was showing hisattendance in the rural area of Barabanki as a Tax Officer, and also charging allowances in respect of it. It was further alleged in this complaint that respondent No. 1 wasappointed a permanent Secretary on one year's probationin place of one Sri Izhar Man who had taken leave preparatory to retirement and that the appointment ...
S.R. Tripathi Vs. State and anr.
Court: Allahabad
Decided on: Sep-09-1963
Reported in: AIR1964All371; 1964CriLJ184
ORDERD.S. Mathur, J. 1. The only point for consideration in this Revision is whether the Magistrate could proceed with the trial without giving notice to the Commanding Officer as required under Section 125 of the Indian Air Force Act (to he referred hereinafter as the Act). Another point that shall require consideration is whether the summons already sent can take the place of written notice as contemplated by Section 125.2. The matter was considered by me while deciding Criminal Reference No. 285 of 1962 made by Sri Mohammad Noorul Ain, Civil and Sessions Judge, Allahabad. The Reference was made on 21-7-1962. In the instant case also the applicant, Cpl. S. R. Tripathi, had moved the Sessions Judge in Revision and the Revision was dismissed by Sri R. A. Quraishi on 5-10-1962. Considering that the Criminal Revision was decided a few months after Sri Mohammad Norrul Ain made the Reference to this Court, it can be assumed that the applicant was aware of the Order of Reference and was ser...
Nathuram Vs. Smt. Ramsri
Court: Allahabad
Decided on: Sep-06-1963
Reported in: AIR1965All129; 1965CriLJ273
ORDERD.S. Mathur, J. 1. This is an application in revision by Nathu Ram husband, to challenge the order dated 10-5-1962 of the Sub-Divisional Magistrate, Kas-ganj, whereby he was directed to pay Rs. 25/- per month as maintenance to his wife, Smt. Ram Sri, opposite-party. The material facts, as proved, a finding which cannot be challenged in Revision, are that Nathu Ram remarried another woman during the life-time of Mis wife Smt. Ram Sri, and he also maltreated her whereupon she moved an application under Section 468, Cri. P. C. for the grant o maintenance allowance. The husband and the wife came to terms and filed a compromise deed, certified copy of which is on the record. There appear to be a few inaccuracies in the copy. The compromise appears to have been that Ram Sri wife would go back to her husband and if she were not treated property she would get Rs. 240/- per annum towards maintenance.2. The Magistrate passed a final order on 5-11-1959 which runs as below:'Parties have come ...
Shree Ram Vs. Ratanlal
Court: Allahabad
Decided on: Sep-05-1963
Reported in: AIR1965All83
Dhavan, J. 1. This is a defendant's appeal from the decree of the First Additional Civil Judge, Meerut for specific performance of an agreement to re-convey a plot of land. The facts are these. The plaintiff-respondent Ratan Lal alleged in his plaint that he entered into an agreement with defendant appellant Shree Ram by which he sold the plot of land in dispute for a sum of Rs. 10,000/- and the appellant agreed to reconvey It to the respondent for a sum of Rs. 15,000/-within a period of two years at the option of the plaintiff. According to the plaintiff, though the sale was executed on 31-3-1960 and the agreement to re-convey on 5th April, they formed parts of the same transaction. The plaintiff alleged that he exercised his option on or about the 6th February 1961 and asked the appellant to re-convey the land to him but the latter did not turn up at the office of the Registrar. The plaintiff further alleged that the respondent was given a second opportunity to go to the office of th...
Ram Sajiwan Vs. the State of U.P.
Court: Allahabad
Decided on: Sep-05-1963
Reported in: AIR1964All447; 1964CriLJ372
Uniyal, J. 1. Ram Sajiwan has been convicted under Section 302 I. P. C. and sentenced to life imprisonment for the murder of his wife Smt. Bitti on the morning of the 27th August 1961.2. Shortly stated, the facts of the case are that the appellant was married to Smt. Bitti about 3 years bach and her gauna was performed some 2 years ago; that the deceased used to run away from the house of her husband to her bahnoi's place; that on the last occasion she had run away to the house of her bahnoi with Rs. 130/-; that her hasband had gone there to call her and brought her back to his house; that some 10 or 12 days before the present occurrence the brother of the deceased came to fetch her but the accused refused to send her; that the accused and the deceased went to their juar field for scraping grass on the morning of the 27th August, 1961; that the deceased asked her husband to send her to her maika but-the accused refused to do so; that the deceased abused her husband and then the accused...
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