Allahabad Court November 1967 Judgments
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Yunus Vs. State
Court: Allahabad
Decided on: Nov-21-1967
Reported in: 1969CriLJ73
Rajeshwari Prasad, J.1. This petition in revision has been filed by one Shri Yunus son of Mohammad Sahmad.2. It appears that there were cross cases under Sections 107/117 Criminal P.C. One party was headed by Yunus and the other by Najeebullah. The proceedings which was stated against Najeebullah were against Najeebullah and 18 other persons while the proceeding which was started against Yunus was against Yunus and five other persons. Daring the course of those proceedings on the 29th March 1968, an application was moved on behalf of Najeebullah to add 16 parsons more in the party of Yunus and to proceed against those additional persona also under Sections 107/117, Criminal P.C. A report in respect of the persons sought to be added was submitted by the Sub-Inspector indicating that there was no apprehension of breach of peace from the persons sought to be imploded. It was brought to the notice of the Court on behalf of Najeebullah that the police was acting with partiality in favour of...
Mrs. Florence Misra and ors. Vs. Daulat Ram and ors.
Court: Allahabad
Decided on: Nov-20-1967
Reported in: AIR1968All316
Nigam, J. 1. The plaintiff Daulatram Ruchiram Chablani filed suit No. 19 of 1951 in the Court of Civil Judge, Malihabad, Lucknow on 13th February, 1951 against Nawin Chandra Paul Misra claiming a decree for Rs. 12,170. An amendment of the plaint was allowed by the trial Court on 26-10-1951.2. The plaintiff alleges (in his amended plaint) that in the first week of January 1947 the defendant began borrowing money from the plaintiff. On 1st April, 1950 all advances were added up and after taking more cash the defendant executed a pronote and a receipt for Rs. 11,280 promising to pay the amount with interest at 9 per cent. The plaintiff gave details of the sums advanced. One item was a sum of Rs. 7,000 paid in cash in the first week of January 1947. The plaintiff further pleaded that if the pronote was not admissible in evidence, the plaintiff was entitled to a decree on the basis of the original advances which had been acknowledged four times as mentioned in the plaint, on one occasion by...
Shyama Charan Vs. Commissioner, Rohelkhand Division, Bareilly and ors.
Court: Allahabad
Decided on: Nov-15-1967
Reported in: AIR1969All11; (1969)IILLJ603All
ORDERM.H. Beg, J.1. The petitioner is a dismissed employee of the Antarim Zila Pari-shad, Bareilly, opposite party No. 3. He has prayed for a writ of certiorari to quash the order of the President, Antarim Zila Parishad, opposite party No. 2 passed on 4-1-1962 dismissing the petitioner from service and also the order of the Commissioner dated 12-7-1962 upholding the dismissal.2. Mr. G. D. Sriyastava appearing for the petitioner has raised a number of objections to the disciplinary proceedings taken against the petitioner. The first of these objections was that the charge which was preferred against the petitioner does not contain an actual statement of the evidence which was to be used against the petitioner. In this connection Mr. Srivastava relied upon a recent decision of the Supreme Court in State of Orissa v. Dr. (Miss) Binapani Devi, C. A. No. 499 of 1965, SC Notes Vol 9 No. 4, February 15, 1967= (AIR 1967 SC 1269) In this case it was held :'..... the person against whom an enqui...
Mohammad Siddiq and ors. Vs. the State of U.P. and anr.
Court: Allahabad
Decided on: Nov-13-1967
Reported in: AIR1968All396
G.D. Sahgal, J.1. This petition has been referred to a Full Bench by Jagdish Sahai and K. Chandra, JJ. on the point as to whether the revision application filed by the Divisional Forest Officer, North Kheri, before the State Government was competent.2. The facts of the case are that the father of the petitioners, viz., Sheikh Fazal Husain was the sub-tenant of certain plots situate in village Salband, Pargana Khairigarh, Tahsil Nighasan in the district of Kheri. He obtained bhumidhari sanad with respect to those plots with the consent in writing of the tenant-in-chief. On April 3, 1954, the State Government issued a notification under Section 4 of the Indian Forest Act (hereinafter referred to as 'the Act') proposing to constitute certain lands in the district of Kheri as reserved forest including the land of which bumidhari rights were granted to the father of the, petitioners. A proclamation was issued by the Forest Settlement Officer under Section 6 ofthe Act and a claim was filed b...
ishtiyaq HusaIn Abbas HusaIn Vs. Zafrul Islam Afzal HusaIn and ors.
Court: Allahabad
Decided on: Nov-09-1967
Reported in: AIR1969All161
S.K. Verma, J. 1. This is a defendant's second appeal arising out of a suit filed by the plaintiff-respondent for a declaration that the plaintiff is the owner in possession of the house described at the foot of the plaint, situate in village Sahaspur Ali Nagar, Pargana Amrcha, district Moradabad.2. The plaintiff's case was that he was the owner in possession of the house in suit of which defendant No. 2 was a tenant. One Mukhtar Ahmad Pradhan of the Gaon Samaj instituted proceedings under Rule 115D of the U. P. Zamindari Abolition and Land Reforms Act, claiming that the Gaon Samaj was the owner of the house in dispute. It was alleged, further, that neither defendant No. 2 nor defendant No. 4 was the owner of the house and that the sale-deed alleged to have been executed by Chhidda in favour of defendant No. 4 conferred no title upon him. In the proceedings under rule 115-D of the U. P. Zamindari Abolition and Land Reforms Act the plaintiff was directed to file a regular suit and hence...
Chancellor, Varanaseya Sanskrit Vishwa Vidyalaya, Varanasi and anr. Vs ...
Court: Allahabad
Decided on: Nov-09-1967
Reported in: AIR1969All378; [1968(16)FLR255]
Oak, C.J. 1. The question for consideration in these four connected special appeals is whether a certain order passed by the Governor of Uttar Pradesh appointing an interim Vice-Chancellor for Sanskrit University, Varanasi is valid. There is not much dispute about the facts. The admitted facts are these.2. The State Government established at Varanasi a University for the study of the Sanskrit language by Varanaseya Sans-krit Vishva Vidyalaya Act, 1956 (U. P. ActNo. XXVIII of 1956, hereafter referred to as the Act). The Act was amended by the Uttar Pradesh Universities Act, 1961 (U. P. Act no. XIII of 1961), The Governor, Uttar Pradesh is the Chancellor of the Sanskrit University. The Act empowers the Chancellor to appoint a Vice-chancellor for the University. Shri A.N. Jha, I. C. S. was the first Vice-Chancellor of the Sanskrit University. He was succeeded by Shri S. N. M. Tripathi as the Vice-Chancellor. His term of office was to expire on 10-12-1965. A Selection Committee submitted t...
Nanhai Lal Vs. Official Receiver Civil Court, Kanpur
Court: Allahabad
Decided on: Nov-09-1967
Reported in: AIR1969All441
Oak, C.J.1. This is an execution second appeal by a judgment-debtor. The question for consideration is whether an execution application by the respondent-decree-holder is within time or not.2. The Official Receiver, Kanpur obtained against Nanhal Lal a decree from the Court of Munsif, Havali, Kanpur on 17-7-1938. There was a series of execution applications. The third execution application was filed on 11-8-1943. When the amin went on 13-8-1943 to attach property, a sum of Rs. 800/- was paid to the amin by Halke, brother of Nanhal Lal, judgment-debtor. That execution application was dismissed in part satisfaction. There were two more execution applications. The fifth execution application was dismissed on 9-4-1949. The sixth execution application by the Official Receiver was moved on 14-3-1951, The decree-holder prayed for transfer of execution.3. The decree-holder realised that the execution application dated 14-3-1951 was moved more than 12 years after the date of the decree (17-7-19...
State of U.P. Vs. Nanhey
Court: Allahabad
Decided on: Nov-09-1967
Reported in: AIR1968All394; 1968CriLJ1463
S.D. Singh, J. 1. The Government has come up in appeal against the order passed by Sri J. P. Singhal, Judicial Magistrate, Jaunpur, under Section 345 of the Code of Criminal Procedure, permitting an offence under Section 379 of the Indian Penal Code being compounded. 2. At 11.30 a.m. on 19th January, 1965, the pocket of Ram Lakhan Singh son of Ram Bahal Singh was alleged to have been picked by the respondent Nanhey and ten ten-rupee notes taken out of the same. Nanhey was alleged to have been apprehended on the spot, but by the time that could be done he had passed on the money to some accomplice. Nanhey was thereupon taken to police station Shahganj where a report was lodged against him at 12.30 p.m. the same day. While investigation of the case was going on some applications were moved for Nanhey being released on bail but they were rejected. On 19th January, 1965 Chhotey Lal, who claimed to be a brother of Nanhey, filed an application before Sri. J. P. Singhal making certain allegat...
State of U.P. Vs. Ram Sevak and ors.
Court: Allahabad
Decided on: Nov-08-1967
Reported in: AIR1969All512; 1969CriLJ1452
S.D. Singh, J. 1. I am afraid this appeal will have to be allowed. The Magistrate Mr. M.C. Singh has assumed in himself the powers which are at once arbitrary and against law. 2. The respondents were prosecuted by the Station Officer Police Station Bithoor. Kanpur, under Sections 147, 148 and 323 of the Indian Penal Code. The offence was tried as a warrant case to which the procedure prescribed under Section 251-A of the Code of Criminal Procedure was applicable. On 10th January, 1965 the Magistrate recorded the statement of the accused and framed charges against them under Sections 147 and 323 read with Section 149 of the Indian Penal Code. The charges were read over to the accused and they pleaded not guilty. 3. On 27th August, 1964, which was the date fixed for the hearing of the case, the prosecution examined two witnesses, Kalka and Bageshwar. Thereafter the Magistrate somehow formed an opinion that the prosecution case was false and without recording the rest of the evidence or e...
Municipal Board Vs. Angan, Accused
Court: Allahabad
Decided on: Nov-07-1967
Reported in: 1970CriLJ123
S.D. Singh, J.1. This is a State appeal against an order of the Bench Magistrate, First Class, Moradabad, by which the present respondent Angan was acquitted in a case under Section 7 read with Section 16 of the Prevention of Food Adulteration Act (No. XXXVII of 1954).2. The respondent is a dealer in milk. A sample of his milk was taken by the Food Inspector, I.P. Apan, on 24th September 1963 and when the sample of milk was examined it was found to be deficient in fat contents by about 17 per cent and in non-fatty solids by about 2 per cent. The respondent was then prosecuted by the Medical Officer of Health of Municipal Board, Chandausi, as aforesaid.3. During the hearing of the case against the respondent, it was urged that Sri I.P. Apan was not qualified to be appointed a Food Inspector under Section 9 of the Prevention of Food Adulteration Act, 1954 (hereinafter called the Act) read with Rule 8 of the Rules framed thereunder. This contention found favour with the learned Bench Magi...
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