Allahabad Court January 1968 Judgments
Gulshan Khandsari Udyog Vs. Union of India (Uoi), New Delhi Through th ...
Court: Allahabad
Decided on: Jan-30-1968
Reported in: AIR1969All432
Gyanendra Kumar, J.1. These two connected Special appeals directed against the common judgment dated 20-3-2967, delivered by the learned single Judge in connected Writ Petitions Nos. 2174 of 1964 and 3003 of 1966, involve similar questions of fact and law. Therefore, we also propose to decide these appeals by a common judgment,2. The appellants are partnership firms of the district of Muzaffarnagar, established in 1958, by a licence granted under the Factories Act, for manufacturing khandsari sugar by the open pan process. In 1952, the Employees' Provident Funds Act 19 of 1952 (hereinafter called the Act) came into force, along with Schedule I attached thereto, mentioning various industries to which the Act was to apply. Under Section 4 of the Act the Central Government was authorised to add to Schedule I any other industry in respect of the employees whereof it was of the opinion that a provident-fund scheme should be framed and applied.In 1956, the Central Government, by necessary no...
Tag this Judgment!Chandra Gupta Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Jan-30-1968
Reported in: (1968)IILLJ594All
Satish Chandra, J.1. By the impugned order on 10 January 1968, the State Government has removed the petitioner from the office of the president of the municipal board, Kansanj, under Sub-section (2A) of Section 48 of the Uttar Pradesh Municipalities Act. On 15 September 1976 the State Government had served a chargesheet on the petitioner. The chargesheet required his explanation. The petitioner submitted his explanation on 14 October 1968, refuting the various charges. In its impugned order, the State Government has held that the charge relating to the appointment of three persons was substantiated. The State Government found that the petitioner, as the president of the municipal board, had no jurisdiction to make those appointments because the basic salary upon which the appointments were made did not exposed Rs. 40 per month. Such appointments should have been made by the executive officer of the municipal board in view of Section 75 of the Act. The petitioner hence wilfully contrave...
Tag this Judgment!Mast Ram Ram Charan and ors. Vs. Deputy Commissioner Bahraich and anr.
Court: Allahabad
Decided on: Jan-25-1968
Reported in: AIR1968All321
H.C.P. Tripathi, J.1. This is a plaintiffs secondappeal. 2. The plaintiffs first instituted a suit No. 163 of 1954 in the Court of Munsif, Bahraich, against the defendants praying thatthe defendant No, 1 (Deputy Commissioner, Bahraich) be permanently restrained from attaching or putting on sale the suit property of which the plaintiffs held jointly with defendant No. 2 on account of the dues from the defendant No. 2. Subsequently the plaintiffs sought permission of the Court to withdraw the suit with permission to file a fresh suit on which the following order was passed by the Munsif:'The plaintiff is allowed to withdraw the suit with permission to file a fresh suit subject to payment of the cost to the defendant No. 1'.3. The suit (No. 294 of 1954) out of which the present appeal arises was subsequently filed by the plaintiffs against the same set of defendants on the assertion that the property mentioned at the foot of the plaint is the joint property of the plaintiffs and defendant...
Tag this Judgment!Srivastava (S.P.) and anr. Vs. Banaras Electric Light and Power Compan ...
Court: Allahabad
Decided on: Jan-25-1968
Reported in: (1968)IILLJ483All
M.H. Beg, J.1. The appellant, S.P. Srivastava, was employed as an accountant by the respondent-company, Banaras Electric Light and Power Company, Ltd., Varanasi. He was suspected of having been responsible for the disappearance of a sum of Rs. 223 14.0 which was due from the company to another employee, Mahabir Prasad, towards payment of bounds. His past record and conduct also aroused suspicions. Therefore, on 10 October 1957, the company served a notice of termination of his services upon the appellant in accordance with the terms of the contract of service between the appellant and the company. On a reference to the labour court at Gorakhpur, it was found that the notice was not a proper one under Clause 7 of the terms of agreement between the parties. Therefore, the appellant was reinstated on 27 November 1958, and the entire amount due to him under the award was paid. But the company gave a fresh notices of termination of his services to the appellant on the ground that it had los...
Tag this Judgment!Ram Gopal Vs. State
Court: Allahabad
Decided on: Jan-24-1968
Reported in: 1970CriLJ384
ORDERRajeshwari Prasad, J.1. The revisionist has been convicted under Section 218, I. P. C. and sentenced to undergo one year's rigorous imprisonment.2. His appeal from the order of conviction was dismissed by the if Temporary Civil Sessions Judge, Bareilly and the order of conviction so also the sentence, awarded by the trial Court were maintained.3. The revisionist was a Lekhpal of village Udaypur Khas district Bareilly during the period 1368 Fasli and 1369 Fasli. He was charged with having wrongly framed revenue record of 1368 Fasli inasmuch as he entered the name of Devki Nandan alleged to be his son and one Shrimati Ishwara Devi wife of Aram Singh as tenants of plot No. 301. According to the prosecution, this was done by the revisionist with the intention to cause loss and injuiry to Durga Prasad, who was the recorded tenant or his descendants.4. The defence taken by the revisionist was that the entries had been made, by him on the basis of demarcation Khasra for the year 1367 Fas...
Tag this Judgment!Khusali and ors. Vs. the State of U.P.
Court: Allahabad
Decided on: Jan-24-1968
Reported in: 1968CriLJ982
H.C.P. Tripathi, J.1. Criminal Appeal No. 208 of 1936 from jail by Khushali and Criminal Appeal No. 800 of 1966 by Narain and others who are represented by a counsel arise out of the game judgment of the learned Civil & Sessions Judge, Hardoi, and they are being disposed of together. Each of the live appellants has been convicted under Sections 399 and 402 I.P.C. and sentenced to seven years' rigorous imprisonment and five years' rigorous imrisonment respectively under those counts. Appellants Narain Rim Lal, Maiku and Khushali have further been convicted under Section 25A (sic) of the Arms Act and sentenced to two years' rigorous imprisonment each. While the sentences under Sections 399 and 402 I.P.C. have been directed to run concurrently the sentence under Section 25A (sic) Arms Act, has been made consecutive.2. The prosecution case in brief is as follows:3. On 29th April, 1965, Sub-Inspector Zainul Abdin of police station Mallawan, district Hardoi, was informed that a gang of miscr...
Tag this Judgment!Rahmat Ullah Vs. State
Court: Allahabad
Decided on: Jan-18-1968
Reported in: AIR1969All165; 1969CriLJ450
ORDERS.D. Singh, J.1. This application arises out of a case against the applicant under Section 14 of the Foreigners Act (XXXI of 1946).2. The prosecution allegation was that the applicant is a Pakistani national and came to India on the basis of a Pakistani passport dated 15th March, 1955, and Indian Visa dated 22nd March, 1965, and stayed on in India beyond the period fixed under the visa.3. The applicant's contention was that he is an Indian and not a Pakistani citizen. He alleged that he was in India on 26th January, 1950, and that he had gone to Pakistan for a temporary visit, though he admits that he came to India after having obtained a Pakistani passport and an Indian visa.4. The main question which arises for consideration in the case, therefore, was whether the applicant was an Indian citizen and reliance for the purpose was placed on behalf of the State on Section 9 of the Citizenship Act (LVII of 1955). Under Sub-section (1) of this section if a citizen of India voluntarily...
Tag this Judgment!Rajendra and anr. Vs. the State
Court: Allahabad
Decided on: Jan-18-1968
Reported in: 1968CriLJ811
R. Chandra1. This is an appeal by Rajendra Prasad (27) and Bashiruddin (27) residents of village Moonda Sarkata, Police Station Haiderabad, district Kheri, against their conviction under Section 302 read with Section 84 of the Indian Penal Code, by the Sessions Judge Kheri. Each of them has been sentenced to death. The Sessions Judge has also made the usual reference for confirmation of the death sentence passed by him on the appellants. (This represented appeal was filed on 30th October, 1967. It appears that on 9th November, 1967 the condemned prisoners also preferred appeals from jail, and they were ordered to be connected with the presented appeal, which had been filed earlier). We have heard the learned Counsel for the appellants and the Assistant Government Advocate for the State.2. Bam Saran deceased (60) was a Brahmin by caste. He was a widower. The only members of his family were his young daughter-in-law Shanti Devi P.W. 6 who was a widow and his grandson aged about 8 or 9 ye...
Tag this Judgment!Ram Dulari Saran Vs. Sri Yogeshwar Sri Ram Balbhacharya Ji and ors.
Court: Allahabad
Decided on: Jan-17-1968
Reported in: AIR1969All68; 1969CriLJ133
ORDERS.N. Katju, J. 1. This is an application by Mahant Ram Dulari Saran who alleges himself to be the Chela of Mahant Siabar Saran for punishing the respondents for contempt of court. The first respondent Sri Yogeshwar Sri Ram Balbhacharya Ji is the printer and publisher of a Hindi Weekly called 'Virakt,' the second respondent is 'Virakt' through its proprietor Brahmachari Sri Basudevacharya, the third respondent is Brahmachari Sri Basudevacharya, the fourth is Sri Ram Gopal Pandey, the editor of Virakt while the fifth respondent is one Mahabir Das. 2. It was alleged that one Ram Priya Saran had constructed a temple in Mohalla Ram Kot, Ayodhya city, wherein he had installed a deity called Thakur Anand Behari ji' and had endowed certain properties to the deity. Ram Priya Saran had appointed himself as the first sarbarakar of the temple and its properties and had mentioned in the deed of trust executed by him that on his death his chela Siabar Saran would become the Sarbarakar of the en...
Tag this Judgment!Sarju NaraIn Vs. Lachhmi Narain
Court: Allahabad
Decided on: Jan-17-1968
Reported in: 1970CriLJ614
ORDERH.C.P. Tripathi, J.1. This revision is directed against an order of Sri H.C. Verma, Magistrate First Class, Kanpur, referring the case under Section 145, Criminal P. C. for decision to the learned Munsif, Havali.2. I have heard learned Counsel for the parties.3. In my opinion the impugned order of the learned Magistrate shows that he had not applied his mind to the evidence before him and had abdicated his functions in favour of the Civil Court. He has not given any reasons as to why he was not in a position to decide the question of possession. If the evidence was balanced he could have easily found out as to whether the balance tilted in favour of one party or the other. Instead of exercising his mind he has adopted an easy course of referring the matter to the Civil Court for deciding for him as to which of the two parties was in possession on the date of the preliminary order or within two months of that date. It must be remembered that proceedings under Section 145, Criminal ...
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