Allahabad Court July 1965 Judgments
The State of U.P. Vs. Ram Nath Bansal
Court: Allahabad
Decided on: Jul-23-1965
Reported in: AIR1966All467
ORDERD.S. Mathur, J.1. This is a revision under Section 115, C. P. C. by the State of Uttar Pradesh defendant against the order dated 24-9-1963 of the Additional Civil Judge of Agra allowing the appeal of Ram Nath Bansal plaintiff and thereby getting aside the order of the Munsif Khalilabad at Agra staying the hearing of the suit under Section 34 of the Arbitration Act.2. The plaintiff, Ram Nath Bansal, was given the contract of digging ridges after he and also the Conservator or Forest Land Management Circle, U. P. had executed agreements. Disputes arose with regard to the execution of works whereupon the plaintiff instituted thepresent suit against the State of Uttar Pradesh for the recovery of Rs. 3,023 with costs and pendente lite and future interest. Before filing me written statement the State moved an application under Section 34 of the Arbitration Act praying that the hearing of the suit be stayed as there existed a clause for arbitration, the plaintiff had not availed of this ...
Tag this Judgment!Divisional Superintendent, Northern Railway Vs. Nand Lal Dubey
Court: Allahabad
Decided on: Jul-23-1965
Reported in: (1966)IILLJ709All
D.S. Mathur, J.1. This is a revision under Section 115, Civil Procedure Code, by the Divisional Superintendent, Northern Railway, Allahabad, against the order dated 3 April 1961 of the Additional District Judge of Allahabad, dismissing his appeal on the ground that it was not maintainable, the valuation being less than Rs. 300.2. From the record of the case it appears that Nand Lal Dubey, opposite party, moved an application under Section 15(2) of the Payment of Wages Act, alleging that a sum of Ra. 16 had been wrongfully deducted from his wages for the months of January and February 1960. It was prayed that a direction be issued under Sub-section (3) of Section 15 of the Act for payment of his (Nand Lai's) wages wrongly deducted (amount already deducted being Rs. 30) or which may afterwards be deducted during the pendency of the application, together with ten times the amount so deducted by way of compensation. The application was disposed of under order dated 16 May 1960. In Para. 1 ...
Tag this Judgment!Bechan Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Jul-21-1965
Reported in: AIR1966All91; 1966CriLJ122
Gyanendra Kumar, J.1. This is a revision against the conviction of the applicant for a second offence under Section 7/16 of the Prevention of Food Adulteration Act, 1954.2. Briefly stated the facts of the case are that on 9-84962 at about 9.30A. M., Bechan applicant was found in Mohalla Mutthiganj Allahabad, going with two canisters of milk. On demand being made by the Food Inspector he sold 700 grams of milk to him and received a sum of 37 np. towards its price. The fact of selling the milk and receiving its price was noted in the register of the Inspector which was duly signed by the applicant. The sample was sent to the Public Analyst who, in his report dated 12-9-1962 stated that the sample was deficientin non-fatty solid content by about 28 per cent. The applicant contested the matter on a variety of grounds which were all rejected by the trying Magistrate who convicted the applicant under Section 7/16 of the Act and, this being the second offence, sentenced him to undergo rigorou...
Tag this Judgment!Jangpal Sharma Vs. the Western U.P. Electric Power and Supply Co.
Court: Allahabad
Decided on: Jul-21-1965
Reported in: AIR1966All117
D.P. Uniyal, J.1. This appeal from the decree of the Civil Judge dismissing the suit for mandatory injunction has been filed by the plaintiff. The plaintiff took out an electric connection S. C. No. 218 for power and S. C. No. 332 for light and fan from the defendant Electric Supply Company, Firozabad, for running a factory under an agreement Ex. 1, dated 20-12-1945. In 1951 the plaintiff leased out the said factory to one Ram Dayal and let out the service connections also to him without the permission of the defendant Company. Acting under paragraph 13 of the agreement aforesaid the defendant Company cut off the electric power of the factory on 7-7-1952, treating the agreement as being at an end. Hence the suit.2. The main defence of the Electric Supply Company was that the electric power was not transferable under the terms and conditions of the agreement and the plaintiff having let out the said electric connections to a third party without their consent they were justified in termi...
Tag this Judgment!Hadi Hasan Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Jul-21-1965
Reported in: AIR1966All127
ORDERN.U. Beg, J.1. The petitioner in Hits case, Hadi Hasan, was taken into custody by the Government for the purpose of being sent back to Pakistan. Thereafter ho filed the present writ petition on the allegation that he was born at Bara Banki on the 19th April, 1940, and was a citizen of India. His parents were born in India and were citizens of India till their death. The petitioner had been residing at Bara Banki on the 26th of January, 1950. Towards the close of 1954 or the beginning of 1955 he went to Pakistan in connection with his business on a temporary visit. At that time the petitioner was a minor. While in Pakistan the petitioner made several applications to the Indian Mission at Karachi to afford passage to the petitioner to India but he was unsuccessful. As a result, the petitioner had no other alternative but to apply for a Pakistani Pass-port. Me obtained this Passport on the representation that he was a Pakistani citizen and, according to the counter-affidavit filed on...
Tag this Judgment!Bux Singh Vs. Joint Director of Consolidation and ors.
Court: Allahabad
Decided on: Jul-20-1965
Reported in: AIR1966All156
ORDERN.U. Beg, J. 1. This writ petition arises out of a dispute regarding khata No. 268 of village Gujra, Pargana Khairabad, Tahsil and District Sitapur, during the consolidation proceedings. The Khata in question was entered in the names of the petitioner Saheb Bux Singh and opposite party No. 6, Srimati Bhagwant Kunwar. Srimati Bhagwant Kunwar is the widow of Jagannath Singh, own brother of Saheb Bux Singh. Saheb Bux Singh filed an objection under Section 9 of the U. P. Consolidation of Holdings Act on the 15th of April 1961, alleging that he was the sole tenure-holder of khata No. 268 and entry of the name of opposite party No. 6 along with him was, therefore, incorrect and should be expunged. Opposite party No. 6 did not prefer any objection under Section 9 of the Act before the Assistant Consolidation Officer. In spite of it the Assistant Consolidation Officer treated the case as a disputed one and referred it to the Consolidation Officer under Section 9 (3) of the Act. On 26-6-19...
Tag this Judgment!ishwar Singh Bindra and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Jul-20-1965
Reported in: AIR1966All168; 1966CriLJ379
ORDER1. This is a petition under Section 561-A of Cr. P. C. Mutatis mutandis common questions of law and fact arise in this petition and petition No. 563 of 1964 and in order to facilitate matters, we propose to dispose of the petitions by this order. 2. The Bindra Chemical Corporation carries on the manufacture of medicines and substances in accordance with Ayurvedie and Unani systems at Delhi Shahdara. Ishwar Singh Bindra and Balbir Singh, two of the applicants of this petition are the partners and Harbans Singh, the third applicant is the manager of the aforesaid Corporation. The other petition has been filed by Harbans Singh Bindra. The aforesaid Corporation inter alia manufactures 1. Bindra's Autiphilogistic plaster, and2. Bindra's Yabrooj plaster (Belladona plaster). These articles purport to have been manufactured in accordance with the Ayurvedie and Unani systems of medicines and this fact appears on the printed labels. The Regional Inspector of Drugs, Agra Region, took sample ...
Tag this Judgment!Ram Newaz Vs. R.K. Bhargava
Court: Allahabad
Decided on: Jul-20-1965
Reported in: AIR1967All295; 1967CriLJ682
ORDERGyanendra Kumar, J.1. This is an application for action under Article 215 of the Constitution of India read with Section 3 of the Contempt of Courts Act gainst the District Magistrate of Banda. The facts of the case are that proceedings under Section 110, Cri. P. C. were launched against the applicant which were decided by a First Class Magistrate on 23-12-1963. The applicant was, however, discharged by the Magistrate by his judgment and order dated 23-12-63. The relevant portion wherefrom reads as follows:'In fact I am of the opinion that Beta should have never been prosecuted in this case under Section 110, Cri. P. C and his prosecution in the case itself can be called as rash and uncalled for. There has been unnecessary waste of public money and time in this reckless prosecution. From the findings recorded bv me it has been positively proved that Beta opposite party is of good character and is not at all hazardous to the community and does not habitually take any part in the co...
Tag this Judgment!Maheshwari Devi Jute Mills Vs. the State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Jul-20-1965
Reported in: [1966]17STC106(All)
Satish Chandra, J.1. These two petitions are under Articles 226 and 227 of the Constitution. They seek to quash provisional assessment orders passed under the U. P. Sales Tax Act. Petition No. 119 of 1965 relates to the second quarter of the assessment year 1964-65 ending 30th June, 1964. Petition No. 893 of 1965 relates to the third quarter of the assessment year 1964-65. The facts of both the writ petitions are similar. The questions of law raised are identical. Both can, therefore, conveniently be decided together.2. On 28th July, 1964, the petitioner filed a return for the quarter ending 30th June, 1964, showing a net taxable turnover of Rs. 5,74,708.54 p. The petitioner did not deposit Rs. 22,917.50 the admitted tax payable on this amount. It made an application for three months' time to pay the admitted sales tax. The Sales Tax Officer rejected the prayer for extension of time and directed the petitioner to deposit the admitted tax immediately failing which necessary action shall...
Tag this Judgment!Gopal Das and Co. Vs. Regional Labour Commissioner, Government of Indi ...
Court: Allahabad
Decided on: Jul-20-1965
Reported in: (1966)ILLJ566All
S.C. Manchanda, J.1. This is an application under Article 227 of the Constitution directed against the order of the Subdivisional Magistrate Shahganj, holding that the District Magistrate, Jaunpur, could transfer the case to the Subdivisional Magistrate on the basis of the fact that the Subdivisional Magistrate, Shahganj, had the Jurisdiction to hear and decide the instant case.2. The facts leading up to this petition are these. An application was first moved on 1 December 1961 by the Inspector (the Regional Labour Commissioner) before the Subdivisional Magistrate, Jaunpur, under Section 15(3) of the Payment of Wages Act allesing non-payment of wages in respect of fifty-one workmen alleged to have been employed by the petitioner-firm and for compenastion due to them. The Subdivisional Magistrate, Jaunpur, entertained the application and issued notice to the petitioner-firm. This application was filed within the period of limitation. Ultimately, however, the Subdivisional Magistrate, Ja...
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