Allahabad Court October 1964 Judgments
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Nathu Ram Vs. R.P. Dikshit and ors.
Court: Allahabad
Decided on: Oct-30-1964
Reported in: AIR1965All454
Desai, C.J.1. This is a petition for certiorari (or any other suitable writ or order) for the quashing of orders passed by an Election Tribunal on 9-2-1963 and 17-8-1962 in an election petition pending before it. The petitioner, Dr. Jawahar Lal opposite party No. 2, and opposite parties Nos. 3, 4 and 5 contested election for membership of the Uttar Pradesh Vidhan Sabha and the petitioner was declared duly elected as having secured a majority of valid votes. Opposite party No. 2 (who will be referred to as the opposite party, because the other opposite parties, though served with the notice of the petition, have remained absent) filed a petition under Section 81 of the Representation of the People Act challenging the petitioner's election on several grounds including that the result of the election was materially affected by the irregularities committed by the Returning Officer and sought the relief of declarations that the petitioner's election was void and that the opposite party was ...
Diwan Singh Vs. the State
Court: Allahabad
Decided on: Oct-28-1964
Reported in: AIR1966All19; 1966CriLJ2
ORDERH.C.P. Tripathi, J. 1. This revision is directed against an order of the learned 1st Additional Sessions judge of Etawah upholding the applicant's conviction and sentence of 18 months' R. I. under Section 19(f) of the Arms Act as recorded by a Magistrate, First Class on 15-7-63.2. According to the prosecution, on receiving information from one Ram Singh that the applicant and one Manohar were cleaning unlicensed gnus near the house of Jhanda Singh in village Dhanna, a police party consisting of Sub-Inspector Mahubub Ali and some constables reached the village on 15th August 1962 at about 10 P.M. and with the help of the witnesses arrested the applicant and his associate Manohar, both of whom were searched and a single barrelled muzzle loading gun along with some percussion caps, some gnu-powder and pellets were recovered from the possession of the applicant and a country-made pistol and four live cartridges were recovered from the possession of Manohar. A recovery memo Ex. Ka-J wa...
Ram Pratap and anr. Vs. Mohan Lal and anr.
Court: Allahabad
Decided on: Oct-27-1964
Reported in: AIR1967All161
ORDERD.S. Mathur, J.1. This is a revision under Section 115, C. P. C. by Ram Pratap and another against the order dated 23-2-1963 of the Civil Judge of Gorakhpur dismissing their application, in substance, for setting aside the order confirming the sale.2. After obtaining a final decree under Order XXXIV, Rule 5, C. P. C. for the recovery of the mortgage money by the sale of the mortgaged property Mohan Lal, decree-holder-opposite party No. 1, applied for execution of the decree. The decree was against Uma Shanker, opposite party No. 2, father of the present applicants. The property was auctioned on 18-12-1961 and was purchased by the decree-holder himself. On 12-10-1961 the applicants moved an application for permission to sue as pauper to obtain a declaration that the decree already obtained was void and the property in dispute was not liable to sale in execution of that decree. At the same time, an application was made to restrain the decree-holder, who was the defendant in that sui...
Udai Raj and anr. Vs. the State
Court: Allahabad
Decided on: Oct-27-1964
Reported in: AIR1965All605; 1965CriLJ706
ORDERH.C.P. Tripathi, J.1. This revision is directed against an order of the learned Civil and Sessions Judge, Agra, forfeiting the surety-bonds furnished by the applicants and directing the amount of the bonds to be realised from them by way of penalty.2. The applicants had stood sureties for one Pancham, who was being prosecuted in a criminal case before the Court of Session. On the dates fixed for the trial of the case Pancham did not turn up and notices were issued to the applicants to produce him before the Court. The applicants took several ad. journments for tracing him out, but ultimately failed to produce him. The learned Sessions Judge, therefore, by his impugned order held that their bonds be forfeited and directed the recovery of the amount from the applicants.3. Learned counsel for the applicants has argued that the order of the learned Sessions Judge is unsustainable in law inasmuch as he had given opportunity to the applicants to show cause against the forfeiture of thei...
Ram Chandra and anr. Vs. the State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Oct-26-1964
Reported in: AIR1965All446; 1965CriLJ342
ORDERSatish Chandra, J.1. This revision arises out of proceedings under Section 145, Criminal P. C.2. The facts are that on 15-6-1958 the Station Officer, Kotwali, made a report on which the magistrate, on 27-9-1958 drew up a preliminary order under S, 145, Criminal P. C. There being an immediate apprehension of breach of peace the property in dispute was attached and the parties were called to file their written statements and adduce evidence. The parties did so. The learned magistrate felt unable to decide as to which party was in possession. He made a reference under Section 146 (1) Criminal P. C. to the court of the City Munsif, Azamgarh. An application under Section 24, Civil P. C. was made to the District Judge, Azamgarh, for the transfer of these proceedings to some other competent court. This application was after notice and a hearing, allowed and the proceedings were transferred to the court of the Munsif, Mohammadabad, Azamgarh, The learned Munsif, Mohammadabad, heard the par...
Brij Kishore Vs. the State
Court: Allahabad
Decided on: Oct-26-1964
Reported in: AIR1965All482; 1965CriLJ451a
ORDERH.C.P. Tripathi, J.1. This revision is directed against the order of the learned Sessions Judge of Bijnor affirming the applicant's conviction and sentence of Rs. 50/- as lecorded by a Magistrate, First Class.2. The applicant was arrested on 11-7-63 at about 5 p. m. by Sri K. C. Shartna, Sub-Inspector, Kotwali, Bijnor, and, on his search a parcha of Satta on which seven names were endorsed and a pencil, were alleged to have been recovered. According to the prosecution he was indulging in Satta gambling on a public way and was therefore sent up for trial. He was produced before a Magistrate, First Class immediately after his arrest and was examined by him. It is said that he pleaded guilty and the Magistrate relying on his plea convicted him. The applicant was tried summarily. The learned Magistrate did not'record any evidence and has only tilled up a form as prescribed under Section 263, Criminal P. C. This shows that the offence was alleged to have been committed on 11-7-1963, th...
Zahoor Ahmad Abdul Sattar Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Oct-23-1964
Reported in: AIR1965All326
Sahgal, J. 1. This is a defendant's appeal against whom a suit for a sum of Rs. 11,000/. by way of compensation for use and occupation has been decreed by me Civil Judge of Kheri. A decree for a sum of Rs. 1,000/- has also been passed against the appellant for special costs under Section 35-A of the Code of Civil Procedure.2. The dispute relates to a piece of land 200' x 200' situated in Chandan Chowki, Sonaripur Range in the North Kheri Forest Division. The State of U. P., respondent No. 1. is the proprietor of the reserved forest wherein the land lies. The defendant-appellant erected a paddy husking mill in that land for which purpose he had taken it. The land was originally taken for a sum of Rs. 100/- as rent for one year from the 1st of March, 1947. A document was executed for the purpose, copy of which is Ext. 3 at page 39 of our paper book. A subsequent lease for the same sum of Rs. 100/- was executed on the 10th of June, 1948 for one year beginning the 19th of March, 1948. This...
Raj Chander Gupta and anr. Vs. Ramesh Kishore
Court: Allahabad
Decided on: Oct-23-1964
Reported in: AIR1965All546
D.P. Uniyal, J. 1. This appeal has been filed by the decree-holder against the order of the District Judge of Bareilly dismissing his application for Execution of decree by arrest of the surety. 2. The facts, in brief, are that the appellants filed a suit in October 1947 and obtained an order of attachment before Judgment in respect of the property of the Judgment-Debtor. By an order dated I8th October 1947 the Munsif appointed the respondent Ramesh Kishore Kodesia as Superdar of the attached property. In the security bond executed by the respondent, he made himself liable for any loss of the property entrusted to his care during the pendency of the suit in the court of the City Munsif, Bareilly. It appears that at first the suit was dismissed for default of the plaintiff on 9-8-1943. On an application for restoration being made by the Decree-holder, the suit was restored on 4-12-1948. The defendant went up in appeal and the case remanded for disposal on the merits. The decree-holder t...
Mohammad Hasan Vs. Hafiz Abdul Naeem and ors.
Court: Allahabad
Decided on: Oct-23-1964
Reported in: 1965CriLJ438
M.H. Beg, J.1. The appellant filed a complaint as an aggrieved husband against his alleged father-in-law Abdul Nairn and his alleged wife Smt. Najumunnisan and her brother Abdul Aleem and her mother Smt. Sakina Bibi, and a man called Ali Asghar alias Lathi with whom Smt. Najmunnisan is said to be living at present at Ardarli Bazar, in the city of Varanasi, for offenses under Sections 494, 494/109, I. P. C. The Magistrate who tried the case acquitted the respondents. Hence, this appeal against the acquittal.2. It is a matter of admission between the two sides that Smt. Najumunnisan was married to Ali Asghar alias Lathi on 12th of August, 1950. There is, however, some dispute whether there was a divorce given by Ali Asghar respondent to Smt. Najmunnisan respondent in 1959. The complainant has proved two deeds dated 31st January, 1959, one purporting to be executed by Smt. Najmunnisan and another purporting to be executed by Ali Asghar. In addition to these, there is a deed executed on 9t...
Amrit Banspati Co. Ltd. Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Oct-22-1964
Reported in: AIR1966All104
S.S. Dhavan, J.1. This is a plaintiffs second appeal from the decree of the 1st Additional Civil Judge of Meerut dismissing their suit for recovery of damages from the respondent Union of India. The plaintiff-appellant, Messrs Amrit Vanaspali Limited, is a company carrying on business in Ghaziabad and the defendant is the Union of India as the owner of the Central and Northern Railways. The plaintiff-appellant alleged into a plaint that a wagon containing ground-nut oil was booked from Sholapur to be delivered at Ghaziabad and the railway receipt was endorsed in its favour. It is commonground that the wagon was never delivered. The plaintiff then claimed a sum of Rs. 26472/11 as the cost price of the oil which was lost. Before this amount could be paid by the railway, the plaintiff made a second additional claim for Rs. 5556/- on account of losses alleged to have been suffered as a result of the rise in the price of the oil. The respondent Railway sent a sum of Rs. 26338. 12np. by a ch...
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