Allahabad Court January 1971 Judgments
Jaswant Vs. State
Court: Allahabad
Decided on: Jan-29-1971
Reported in: AIR1971All482; 1971CriLJ1562
Hari Swarup, J.1. Jaswant has filed this appeal against the order of the Sessions Judge. Badaun convicting him under Section 325, I. P. C. and sentencing him for one and half years' rigorous imprisonment. The case of the prosecution in brief was that on 6-6-1968 at about 10.30 a. m. in village Para, Police Station Dataganj, Jaswant the appellant caused injuries to Bhikam on his fore-head with a wooden spade used for scraping cow dung. The first information report of the incident was lodged at the police station Dataganj at about 11:30 a. m. As the report was deemed to be of an offence under Section 323/504, I. P. C. only a memorandum of report was taken down at the police station by the clerk constable Farukh Ahmad. Bhikam was then sent for medical examination to the Data-gani dispensary but as he did not pay the fees and did not consent to get himself medically examined, his injuries were not examined. On the basis of the memo for examination of the injuries sent from the police stati...
Tag this Judgment!Mohan Lal and anr. Vs. Ladli Prasad and anr.
Court: Allahabad
Decided on: Jan-29-1971
Reported in: AIR1971All519
Jagmohan Lal, J.1. This application purporting to have been filed under Section 151 of the Code of Civil Procedure contains a prayer that the delay of one week in depositing the costs in compliance with my order dated 14-5-1970 may be condoned and the consequential order resulting in the dismissal of the restoration application for this non-compliance may be set aside and that the restoration application may be revived.2. The facts of the case were that the Second Appeal No. 858 of 1961 was dismissed in default of the appellants on 1-8-1969. The appellants then applied for restoration of this appeal and that application was allowed by me conditionally on 14-5-1970 in the following terms:--'In the interest of justice, I allow this application on payment of Rs. 30/-as costs which shall be paid within a week from this date. If the costs are paid within the time allowed the second appeal shall be restored to its original number. In case of default in the payment of costs, this application ...
Tag this Judgment!Raja Jagdambika Pratap NaraIn Singh Vs. Deputy Commissioner
Court: Allahabad
Decided on: Jan-29-1971
Reported in: [1971]81ITR544(All)
Pathak, J.1. In view of an apparent conflict between different Benches of this court on the import of the word 'person' in Section 3 of the U. P. Agricultural Income-tax Act, this case has been referred by a Division Bench to a larger Bench. And that is how it has been placed before us.2. The petitioner was a Talukdar of an estate consisting of several villages in the districts of Faizabad, Gonda, Sultanpur, Barabanki and Lucknow. On July 1, 1952, the greater part of that estate vested in the State of Uttar Pradesh by virtue of a notification issued under the U.P. Zamindari Abolition and Land Reforms Act. What remained to the petitioner were pans of some villages within the municipal limits of Faizabad and Gonda.3. During the years 1360, 1361 and 1363 Fasli, the petitioner realised arrears of rent in respect of that part of the estate which had ceased tobelong to him. The arrears represented rent accruing in 1359 Fasli and earlier years.4. In proceedings under the U. P. Agricultural In...
Tag this Judgment!Zafar Ali Alias Achchan Vs. Tausik Hasan and anr.
Court: Allahabad
Decided on: Jan-29-1971
Reported in: 1971CriLJ986
ORDERH.C. P. Tripathi, J.1. On a report from opposite party Tausik Hasan, a case was registered against the petitioner Under Section 406 of the Indian Penal Code in respect of a Truck No. UPH 7139. During investigation, the police seized the truck from the possession of the petitioner on 10-8-1970.2. On 128-1970, the petitioner applied to the Judicial Officer, Mohammadabad for the release of the truck during the pendency of the investigation on furnishing the required security. Opposite party Tausik Hasan also claimed the release of the truck in his favour The Munsif-Magistrate, Azamgarh passed an order dated 9-94970 releasing the truck in favour of the opposite party on his furnishing a personal bond of Rs. 20,000/- and two sureties of the like amount within a period of 15 days. Petitioner then came up in revision before the learned Sessions Judge but it was dismissed and the order of the Munsif-Magistrate was upheld.3. The learned Counsel for the petitioner has argued that as the tru...
Tag this Judgment!Ram Dulare Yadav Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jan-29-1971
Reported in: 1971CriLJ983
D.D. Seth, J.1. This is a plaintiff's appeal arising out of a suit for declaration that the order dated 20th September, 1958 passed by the Superintendent of Police, Basti, dismissing the plaintiff from the post of a police constable, as illegal and without any force; and that the plaintiff is entitled to be re-employed at his original post and to receive his salary at the rate of Rs. 72/- per month from 20th September, 1958. It was further prayed that the defendants be directed to pay the plaintiffs salary till his reinstatement at his original post.2. The plaintiff's case was that in the year 1958 he was posted as a police constable at the out-post Purani Basti, Police Station Kotwali, district Basti. It was alleged that on 21st May, 1958while the plaintiff was having his cycle repaired, another police constable by the name of Mohitram approached him and told him that he, Mohit Ram, has been directed by the Head Constable to make enquiries into a matter of a theft and requested the pl...
Tag this Judgment!Kandhai Vs. the District Operating Superintendent (Safety) N.E. Railwa ...
Court: Allahabad
Decided on: Jan-25-1971
Reported in: AIR1971All323
K.B. Srivastava, J. 1. In his petition under Article 226 of the Constitution, the petitioner Kandhai prays for the issue for a writ of prohibition directing the District Operating Superintendent (Safety), N. E. Railway, Lucknow, the opposite party, to refrain from holding departmental proceedings against the petitioner. 2. The facts giving rise to this petition may now be stated. The petitioner was in the employment of the North Eastern Railway and was posted as a Gateman at Level Crossing Gate No. 6 at the Daliganj Railway Station. He failed to close the Level Crossing Gates at 4.28 A. M. on the night between 31st May/1st June, 1963 during the passage of 441 Parcel Express and thereby caused a collision between it and a truck, with the result that several persons received serious injuries and five of them died. He was arrested on June 1, 1963 and on being released on bail, was placed under suspension. His services were terminated with effect from August 28, 1963 under Rule 149, Railwa...
Tag this Judgment!Abdul Baqi and ors. Vs. Chaitanya Swarup and ors.
Court: Allahabad
Decided on: Jan-21-1971
Reported in: AIR1971All328
S.N. Katju, J. 1. This is a plaintiffs' appeal arising out of a suit for perpetual injunction restraining the respondents from obstructing the appellants in offering their daily prayers, Juma prayers, reading Taraveeh, Janaza prayers and holding annual Milad in the mosque in dispute which is situate within the enclosed compound of the police lines, Azamgarh. The appellants have contended that the mosque is a public mosque and since its construction the Muslims in general have been offering their prayers and performing their religious rites therein and the mosque is a waqf property and the Muslim public has a legal right to go to the mosque for performing their religious rites. The appellants further contended that the respondents have obstructed the Muslim public from entering the mosque and hence the suit in appeal. 2. It was contended, inter alia, on behalf of the respondents that the mosque exists on Government land inside the compound of the Police lines and it is exclusively meant...
Tag this Judgment!Manohar Oil Mills and anr. Vs. Bhawani DIn BhagwandIn and ors.
Court: Allahabad
Decided on: Jan-21-1971
Reported in: AIR1971All326
Gupta, J. 1. This revision, under Section 115, Civil Procedure Code is before us in consequences of an order of reference by brother Asthana by reason of the fact that brother Asthana was of the opinion that there was controversy on the question whether the English common law principle that the debtor must seek the creditor was applicable to India. After hearing learned counsel for the parties at some length we are of opinion that it is not necessary for us to record any opinion on the question whether the said principle, as a pure principle of law, is or is not applicable in India, because, for the purposes of this revision it does not appear necessary to do so. In our opinion this revision must fail for the reasons which follow. 2. In order to appreciate the controversy the necessary facts may now be set forward. The plaintiff is a firm carrying on business at Kalpi in the district of Jalaun,whereas the principal defendant is a firm carrying on business at Allahabad. There is no cont...
Tag this Judgment!Suraj Prasad Gupta and anr. Vs. Chartered Bank and anr.
Court: Allahabad
Decided on: Jan-21-1971
Reported in: [1972]83ITR494(All)
A.K. Kirty, J. 1. This appeal was heard by a Division Bench constituted by Dwivedi and Hari Swarup JJ. On a difference of opinion between them, the following question has been referred for opinion to another judge:' Whether the expression 'decree for the payment of money' in Rule 16(1) includes a decree for sale in enforcement of a mortgage under Order XXXIV, Rule 5, Code of Civil Procedure ?'2. Rule 16(1) referred to in the question is Rule 16(1) of Schedule II of the Income-tax Act, 1961, and reads as follows:' 16. Private alienation to be void in certain cases.--(1) Where a notice has been served on a defaulter under Rule 2, the defaulter or his representative-in-interest shall not be competent to mortgage, charge, lease or otherwise deal with any property belonging to him except with the permission of the Tax Recovery Officer, nor shall any civil court issue any process against such property in execution of a decree for the payment of money.'3. Although a pure question of law has b...
Tag this Judgment!Jogendra Singh Bahadur and ors. Vs. B. Balbhaddar NaraIn Mall and ors.
Court: Allahabad
Decided on: Jan-20-1971
Reported in: AIR1971All334
Trivedi, J. 1. The suit out of which this First Appeal arises relates to the estate, known as Majhauli Raj. The pedigree which has been found as substantially correct and is not assailed by the parties in this appeal is annexed hereto. 2. Rani Shyam Sunder Kunwar, widow of Raja Kaushal Kishore Mall was admittedly in possession of the properties in suit till her death on 28th of July, 1937. On her death, possession was taken by Balbhaddar Mall, a descendant of Anand Mall's branch. Regular Suit No. 41 of 1940 which is the subject-matter of this appeal, was filed by Maharani Chandrika Prasad Kunwar, mother-in-law of Rani Shyam Sunder Kunwar, for possession with the allegation that she was the rightful heir and entitled to succeed. Regular Suit No. 33 of 1941 was filed by Pratap Kishore Mall for possession of the estate claiming himself as adopted son of Rani Shyam Sunder Kunwar. Both the suits were disposed of by one judgment. The claim of Pratap Kishore Mall as adopted son of Rani Shyam ...
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