Allahabad Court December 1964 Judgments
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Rameshwar Vs. Uttar Pradesh Government
Court: Allahabad
Decided on: Dec-09-1964
Reported in: AIR1966All436
D.P. Uniyal, J.1. This is a plaintiff's appeal, arising out of a suit for refund of Rs. 2,500 from the State Government.2. The facts of the case, briefly stated, are these. On 30-7-1947 the Excise Commissioner of U. P. granted a permit to the plaintiff-appellant for export of 2,500 maunds of molasses outside U. P. on pre-payment of Re. 1 per maund as licence fee. It appears that by Clause (4) of the Molasses Control Order, 1944 the U. P. Government had controlled the export of molasses by rail, river or road outside the United Provinces on such terms and conditions as may be prescribed by the Excise Commissioner, United Provinces. The aforesaid licence was granted to the plaintiff by the Excise Commissioner in exercise of the powers conferred on him under Clause (4) of the Molasses Control Order, 1944 (hereinafter referred to as the Order). The aforesaid Order was made by the U. P. Government in exercise of powers conferred under Rule 81(2)(a) of the Defence of India Rules, which, inte...
Delhi Cloth and General Mills Vs. Regional Provident Fund Commissioner
Court: Allahabad
Decided on: Dec-07-1964
Reported in: AIR1966All139; [1965(10)FLR126]
Jagdish Sahai, J. 1. This Special Appeal by the Delhi Cloth and General Mills Company Limited (hereinafter referred to as the Mills) is directed against the judgment of D. S. Mathur, dated 22-12-1959, dismissing Writ Petition No. 804 of 1957 filed by the appellant-mills. The Mills in their petition under Article 226 of the Constitution of India had prayed for the issue of a writ of mandamus to direct the respondent the Regional Provident Fund Commissioner, U. P., not to take any steps under the Employees Provident Funds Act, 1952, hereafter referred to as the Act, for enforcing the Employers Provident Fund Scheme (hereafterreferred to as the Scheme) in respect of the Mills distillery and confectionary at Daurala, and to withdraw his letter, dated 9-3-1957. The Mills is a company registered under the Indian Companies Act and owns a large number of factories. In village Daurala, in the district of Meerut, the Mills has got a factory known as Daurala Sugar Works. They have also a distille...
Mst. Peeran W/O Abdul Razzaq Vs. Hafiz Mohammad Ishaq and ors.
Court: Allahabad
Decided on: Dec-03-1964
Reported in: AIR1966All201
R.S. Pathak, J. 1. This appeal raised two important questions of law concerning the validity of a wakf under the Mohammedan Law.2. One Qudaratullah owned a house, No. 474, Mohalla Colonelganj, Allahabad, Upon his death it devolved upon his widow Subban, his daughter Peeran and his brother Iddn, their shares being 2 annas, 8 annas and 6 annas respectively. Subban died leaving a daughter Rahiman from her first husband, and her two annas share in the house devolved on Rahiman. On September, 8, 1936, Iddu executed a deed or wakf dedicating his six annas share in the house for the upkeep and maintenance of the Bara Imambara mosque. Similarly, on September 7, 1938, Rahiman executed a deed of wakf dedicating her two annas share in the house to the same purpose. Under the two deeds of wakf Hafiz Mohammad Ishaq was appointed Mutwalli, Thus a share of eight annas in the house became the subject of a wakf devoted to the purpose mentioned above, while the remaining share of eight annas continued t...
Shiv Charan and ors. Vs. State
Court: Allahabad
Decided on: Dec-03-1964
Reported in: AIR1965All511; 1965CriLJ578
M.H. Beg, J.1. The appellants have been con-victed under Section 147, I. P. C. and sentenced to one years' R. I. They have also been convicted under Section 325/149, I. P. C. and sentenced to two years' R. I. They have been further convicted under Section 323/149 and sentenced to one year's R. I. All the sentences were directed to run concurrently.2. The prosecution case was that one of the appellants Puran came along with Jassoo, Madan Lal and Kunwar Prasad prior to 10th September 1961 and asked Lila (P. W. 1) and Koka (P. W. 6) and his nephew Shanker (P. W. 5) to vacate the piece of land in dispute which had been in the possession of the family of Lila. These four persons are alleged to have demanded Rs. 500, and, in default o payment that, Lila and Koka should vacate the house in dispute. As the two brothers, Lila and Koka, refused either to vacate the house or to pay Rs. 500, the four persons went away threatening the two brothers withdire consequences. On 10th September, 1961, at ...
The General Assurance Society Ltd. Vs. Mohd. Salim
Court: Allahabad
Decided on: Dec-02-1964
Reported in: AIR1965All561
Seth, J.1. This is a defendant's appeal arising out of a suit filed by the plaintiff-respondent against the defendant appellant (Suit No. 10 of 1951) in the Court of the Civil Judge, Moradabad for recovery of Rs. 20,900/- on a policy of fire insurance on general merchandise goods belonging to the plaintiff.2. The case of the plaintiff, according to the plaint allegations, was that the plaintiff had been carrying on business of general merchandise on a large scale for a long time and had acquired good reputation as a first class local stockist covering every variety of goods and commodities to meet the requirements of the public. The plaintiff was in occupation of a rented shop in Bazarganj, Moradabad. This shop contained the plaintiff's stocks of general merchandise insured or held by him on trust or commission. The plaintiff wanted to get the building of the shop which contained his stocks insured against loss or damage by fire or lightning. An agent of the General Assurance Society (...
State of U.P. Vs. Maharaj NaraIn and ors.
Court: Allahabad
Decided on: Dec-01-1964
Reported in: AIR1965All443; 1965CriLJ338
S.D. Khare, J. 1. This is a Government Appeal directed against an order dated 10th November, 1962, passed by the learned Assistant Sessions Judge, Farrukhabad, acquitting all the nine respondents of the charges against them under Sections 452, 322/324/307 read with Section 149 and 147/148 J. P. C. A preliminary objection was raised that the appeal is outside 90 days' time prescribed under Article 157 of the 1st Schedule of the Indian Limitation Act.2. This appeal was 61ed on 29th March 1963, i.e., 139 days after the date of the order appealed against. Prima facie it was not barred by time because the memorandum of appeal was accompanied with a copy of the judgment for which an application had been made on 15th November, 1962, and the copy was notified to be ready on 3rd January, 1963, i.e., 50 days after the date of the application. The appeal filed 139 days after the date of the order appealed against, was, therefore, within time if 50 days could be excluded under Section 12 of the In...
Surat Singh Yadav Vs. Sudama Prasad Goswami and anr.
Court: Allahabad
Decided on: Dec-01-1964
Reported in: AIR1965All536
ORDERN.U. Beg, J.1. This writ petition has been filed by Sri Surat Singh Yadava. Opposite Party No. 1 in this writ petition is Sri Sudama Prasad Goswami. Sri Sudama Prasad Goswami was elected a member of the Vidhan Sabha, Uttar Pradesh, on the Congress ticket in the last general elections held in the year 1962 from 311, Moth Assembly Constituency, District Jhansi, The case of the petitioner in the writ petition is that Shri Sudama Prasad Goswami has resigned his seat in the U. P. Vidhan Sabha. The cause of the resignation of his seat by Opposite Party No. 1 in the Vidhan Sabha, as stated in the writ petition, was the arrest in connection with a dacoity case of one Sii Raghunath Singh who belonged to the Jan Sangh party. The allegation of the petitioner is that the police who had arrested him did not disclose information regarding the circumstances leading to the arrest of the said Raghunath Singh. This was resented by Sri Sudama Prasad Goswami Opposite Party No. 1 who resorted to a fas...
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