Allahabad Court March 1965 Judgments
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Parma Rai and ors. Vs. Dharam Deo Singh and ors.
Court: Allahabad
Decided on: Mar-05-1965
Reported in: AIR1966All199
C.B. Capoor, J. 1. This is a defendants' appeal. The plaintiff-respondents filed a suit to recover a sum of Rs. 1,106 on foot of a simple mortgage-deed, dated 10-10-1945. The plaintiff-respondents had in the plaint given up the security and claimed to recover the amount from the defendants personally.2. The suit was resisted and one of the pleas raised in defence was that under the provisions of U. P. Zamindars Debt Reduction Act, the debt was liable to be scaled down. That plea found favour with the learned trial Court, but it has been repelled by the lower appellate Court. The view of the Court below was that as the plaintiff respondent has given up the security and had not claimed a decree under Order 34 Rule 4 of C. P. C. the provisions of the U. P. Debt Reduction Act were not attracted. The Court of appeal passed a decree for a sum of Rs. 826 with proportionate cost and pendente lite and future interest at 3% per annum. Aggrieved by the aforesaid decree, this appeal has been filed...
Sahu Vanaspati Traders Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Mar-05-1965
Reported in: AIR1966All333
ORDERD.S. Mathur, J.1. This is a revision under Section 115, C. P. C. by Sahu Vanaspati Traders, Amroha Gate, Moradabad, plaintiff, against the order of the Additional District Judge of Moradabad, dismissing their revision under Section 25 of the Provincial Small Cause Courts Act and thereby maintaining the decree of the Judge Small Cause Court, whereby the plaintiff's suit was dismissed with costs. 2. On 10-2-1959 Messrs. Patel Bhra Bhai Jutha Bhai & Co., Rajkot, had consigned 320 tins of ground nut oil, the consignment having been booked at Bantava railway station for Moradabad City. The railway receipt was endorsed in favour of the plaintiff, who became the owner of the consignment. The consignment was loaded by the agent of the consignor and was to be unloaded by the consignor or by the endorsee. At the time of the delivery it was noticed that 19 tins had been damaged and the total loss was valued at Rs. 92. The plaintiff therefore claimed a decree for Rs. 110, including Rs. 8 towa...
Chhangu Aheer and ors. Vs. Dukhi Aheer
Court: Allahabad
Decided on: Mar-03-1965
Reported in: AIR1967All273
D.P. Uniyal, J. 1. Second Appeal No. 2698 of 1962 arises out of Suit No. 631 of 1954 instituted by Dukhi respondent against Chhangu and others, appellants, for a declaration that plots detailed in Schedules, A, B, C and D are in possession of the respondent as bhumidhar, and for cancellation of a gift deed dated 2-9-1939 executed by Smt. Govindi, widow of Gajadhar, in favour of the appellants Chhangu and others, as also for cancellation of the compromise dated 17-7-1940 in partition suit No. 44 of 1940 (Dukhi and others v. Smt. Govindi and others) decided on 31-3-1942.Second Appeal No. 2660 of 1962 arises out of Suit No. 105 of 1956 instituted by Chhanga appellant against Dukhi and others respondents for a permanent injunction restraining the defendants from interfering with his possession over the properties of Schedules A and B.2. In order to appreciate the facts of the case it is necessary to give a short pedigree: HANNU | _______________ |________________ | | | | Gajadhar = Smt Go...
Babu Singh Sengar Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Mar-03-1965
Reported in: (1966)IILLJ75All
Satish Chandra, J.1. This is a petition under Article 226 of the Constitution. It prays that the order dated 30 August 1961 reverting the petitioner being in violation of Article 311 of the Constitution, be quashed.2. The petitioner entered the police force of Uttar Pradesh as a constable in 1944 and was confirmed in 1947. He appeared and passed the departmental examination for head constables in 1948 and in 1949 was appointed as a head constable on a permanent post. The petitioner was selected as a candidate for training as sub-inspector at the Police Training College. He completed the training course and was declared passed in 1957. With effect from 1 January 1958 the applicant was appointed as a subordinate sub-inspector of police in the district of Agra. The counter-affidavit states that the petitioner was posted at Agra under the orders of the Deputy Inspector-General of Police, Agra range, in accordance with Para. 406 (a) of the Police Regulations. Paragraph 406 (a) deals with ' ...
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