Allahabad Court March 1972 Judgments
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Ram Lotan Singh and Vs. Smt. Vidya Debi
Court: Allahabad
Decided on: Mar-22-1972
Reported in: 1973CriLJ318
G.S. Lal, J.1. The facts of the case giving rise to this revision are that on the application of the opposite party Smt. Vidya Debi under Section 488 Cr.P.C. the learned Magistrate passed an order for allowing her maintenance at the rate of Rs. 40/- per month against the applicant Ram Lotan Singh, husband of the opposite party. The revision filed by Ram Lotan Singh was dismissed by the Sessions Judge of Hardoi. It appears from the order of the learned Magistrate which gives the facts, that in 1961 the parties were married according to the Hindu Law and lived as husband and wife but the applicant began to maltreat the opposite party and this was alleged to be because he had contracted illicit relationship with another lady and this was objected to by the opposite Party. In 1967 there was a Panchayat and before the panchayat Ram Lotan Singh entered into an agreement with his wife. According to the learned Counsel for the applicant, the agreement was that Ram Lotan Singh would properly ma...
National Plastic and Allied Industries, Lucknow Vs. Union of India (Uo ...
Court: Allahabad
Decided on: Mar-21-1972
Reported in: AIR1973All102
ORDERC.S.P. Singh, J.1. The petitioner is a firm, which used to cany on business of manufacturing plastic goods. The import of certain raw material used in the manufacturing process was subject to Import (Control) Order 1955 and administrative directions issued by the Central Government. The petitioner was granted two import licences, being actual users licence under the aforesaid rules and administrative orders, for importing certain quantities of Polythelene Moulding Powder. The petitioner utilised these licences and imported powder under the licence. Subsequently the petitioner had to close down his business, for certain reasons, and as such the entire quantity of powder imported by him could not be put to use.2. The petitioner approached the Deputy Chief Controller of Imports and Exports Kanpur, for necessary directions for disposal of the surplus powder, and it transpires that the Controller advised the petitioner to approach the Director of Industries, U. P., Kanpur for arranging...
Salik Ram Adya Prasad Vs. Ram Lakhan and ors.
Court: Allahabad
Decided on: Mar-21-1972
Reported in: AIR1973All107
ORDERH.N. Seth, J.1. By this petition under Article 226 of the Constitution, petitioner Salik Ram seeks to get the decree for his ejectment dated 30th November, 1964 passed by the Assistant Collector 1st Class, Pratapgarh and confirmed by the appellate order dated 24th September, 1965 and second appellate order dated 25th of April, 1970 quashed.2. Respondents Ram Lakhan and Jagdish Prasad filed a suit under Section 202 of the U. P. Zamindari Abolition and Land Reforms Act for the ejectment of petitionerSalik Ram from plot No. 1386 village Mahokhari, on 21st September, 1961. According to the plaint, one Bindeshwari was hereditary tenant of a number of plots including the plot in dispute. On his death, his widow Smt. Lakhpatti inherited these plots. She got the plot in dispute settled with the petitioner Salikram. Kalidin, father of the two plaintiffs, claiming to be the reversioner of Bindeshwari, filed a suit under Section 183 of the U. P. Tenancy Act which was decreed by the trial Cou...
Mewa Lal and ors. Vs. Smt. Tara Rani
Court: Allahabad
Decided on: Mar-21-1972
Reported in: AIR1973All165
K.N. Srivastava, J.1. The facts giving rise to this appeal are as follows:--The defendants are tenants of the disputed property on a monthly rent of Rupees 18/-. The property originally belonged to one Kanhaiyalal who died in the year 1933. Raj Kumar Agrawal is said to be the son of Kanhaiyalal. Smt. Nanhi Bibi is the widowof Kanhaiyalal. According to the plaintiff, Raj Kumar Agrawal was born seven months after the death of Kanhaiyalal and was the natural son of Kanhaiyalal. The property in dispute was sold by Smt. Nanhi Bibi to Smt. Tara Rani, plaintiff-respondent on 7-3-1967. It was then realised that the property belonged to Raj Kumar Agrawal who was the natural son of Kanhaiyalal. Raj Kumar Agrawal then executed another sale-deed on 24-4-1967 in favour of Smt. Tara Rani. Smt. Tara Rani then served a notice on the defendants alleging that they were in arrears of rent and that their tenancy was terminated in accordance to Section 106 of the Transfer of Property Act. After this notice...
Raj Kishore Misra and anr. Vs. Zila Parishad, Unnao and ors.
Court: Allahabad
Decided on: Mar-21-1972
Reported in: AIR1973All224
ORDERG.S. Lall, J.1. This writ petition relates to a service matter.2. The petitioners Raj Kishore Misra and Surendra Pratap Singh were appointed clerks in the office of the Antarim Zila Parishad, Unnao, in the years 1961 and 1963 respectively and they were confirmed after a year in each case. When the U. P. Kshettra Samitis and Zila Parishads Adhiniyam, 1961 came into force they became the servants of the Zila Parishad, Unnao under the provisions of Section 46 of the said Act. The case of the petitioners is that two posts of Kar Nirikshaks were created on 29-7-1965 by the 'Zila Parishad Unnao (Opposite Party No. 1) in exercise of the power conferred by Section 39 of the Act. Petitioner No. 1 who was earlier working in the education section was transferred by the Mukhya Adhikari of the Zila Parishad (Opposite Party No. 3) to the main office of the Parishad and was given, in addition to his duties as a clerk, the duties of Kar Nirikshak. This was under order dated 4-7-68, copy of which ...
Sri Ram Prasad Vs. the State Bank of Bikaner and ors.
Court: Allahabad
Decided on: Mar-21-1972
Reported in: AIR1972All456
J.S. Trivedi, J.1. Plaintiff opposite party, State Bank of Bikaner had filed a suit on 4-10-66 against Seth Sriniwas Murarka and others for the recovery of Rupees 2,67,147.20 on the basis of a mortgage. Sri Ram Prasad, a transferee of some of the mortgaged property was also implead-ed as a defendant. Sri Bam Prasad filed a writ petition in the Hon'ble High Court and proceedings in the suit were stayed. The writ petition was disposed of on 7-4-66 and the stay order was vacated. During the pendency of the writ petition on 1-2-66 Sriniwas Murarka died. No steps were taken for bringing his legal representatives on record in the writ petition. The record was received in the Court below on 1-10-66. On 11-10-66 the plaintiff opposite party, Bank of Bikaner moved an application under Order 22, Rule 4 and Order 6, Rule 17, C. P. C., mentioning thereinthat the sons of Sriniwas Murarka were already on record as defendants 2 to 4. It was also prayed that the two daughters, Smt. Durga Bai and Ram B...
Ram Shanker Vs. State
Court: Allahabad
Decided on: Mar-21-1972
Reported in: 1972CriLJ1544
S.D. Khare, J.1. This is an application under Section 561-A of the Code of Criminal Procedure. The facts leading to the presentation of this application. briefly stated, are as follows.2. Four Packets of 100 Prednisone tablets were kept at the shop of M/s. Mishra Brothers Kanpur. when on 22nd February. 1966, Shri G. R. Jain Inspector of Drugs. Kanpur Region, collected all those four packets from the shop of M/s. Mishra Brothers and sent the same to the Central Drugs Laboratory, Calcutta, for analysis and report. The report received from the Director. Central Drugs Laboratory. Calcutta, was that the tablets were not of standard quality, Sri G. R. Jain, therefore, lodged a complaint against Ram Shanker. partner of M/s. Mishra Brothers. Kanpur. under Section 27 of the Drugs and Cosmetics Act Act XXIII of 1940 (hereinafter referred to as the Act). The City Magistrate, Kanpur, by his order dated 27-5-1959 convicted the applicant under Sections 18(a)(i)(a) and 18(a)(ii)(a) of the Act and sen...
Jhurai Lal Vs. MohIn Das Bose
Court: Allahabad
Decided on: Mar-20-1972
Reported in: AIR1972All457
K.N. Srivastava, J.1. This is an Execution Second Appeal arising out of the following facts:The decree-holder respondents filed a suit for ejectment and arrears of rent against the judgment-debtor appellant. They prayed for ejectment of the judgment-debtor appellant from three portions of land. Over one portion a Gumti stood, and the other two portions were open pieces of land. The suit resulted in a compromise decree. By this compromise decree, the defendant was allowed to pay all the arrears of rent within a period of three months. He was also to give possession of the two vacant pieces of lands within a month. The defendant judgment-debtor was allowed to remain tenant of the Gumti. But, if the first two conditions were not satisfied within the time stipulated in each of them, the whole decree was to be executed with costs, including that portion over which the defendant-appellant was allowed to remain as tenant.2. According to the decree-holder respondents, the appellant made defaul...
Mahendra Pratap Kapur Vs. Burmah Shell Oil Storage and Distributing Co ...
Court: Allahabad
Decided on: Mar-17-1972
Reported in: AIR1973All109
ORDERK.N. Seth, J.1. The plaintiff applicant filed a suit for restraining the defendants from removing the plaintiff from the dealership of outlet No. ODD 803 situate at G. T. Road, Lahartara, Varanasi of which he claimed to be an authorised dealer on behalf of defendant No. 1. Along with the suit an application for temporary injunction was also filed. The defendants immediately put in appearance and alleged that they had appointed some third person as a dealer and that they have sponsored the name of that third person before the Excise Officer for grant of a licence. After hearing the parties the trial Court, by its order dated 10-3-1972, granted three days' time to the defendants to file documents and detailed objections and in the meantime issued a temporary injunction as prayed for. Against the aforesaid order the defendants filed an appeal before the learned District Judge, Varanasi, the very next day and made an application for staying the operation of the injunctionorder passed ...
Kanhaiya and ors. Vs. Mst. Dhaneshwari and anr.
Court: Allahabad
Decided on: Mar-17-1972
Reported in: AIR1973All212
ORDERK.N. Seth, J.1. This is an application by the plaintiff appellants under Order XXIII, Rule 1, Civil Procedure Code praying that the plaintiffs appellants be permitted to withdraw from the aforesaid suit with liberty to institute a fresh suit in respect of the subject-matter. At the time of arguments, however, the learned counsel pressed his prayer only under Sub-rule (1).2. The suit was filed for an injunction restraining the defendants from interfering with the plaintiff's right in respect of the plots in dispute alleging that the plaintiffs were Bhumidhars. A relief for damages for misappropriation of the fruits of the grove was also claimed. The suit was dismissed by the trial court and the decree was confirmed by the learned Additional Civil Judge. It may also be noted that during the pendency of the second appeal in this Court Mewa Lal, one of the plaintiff appellants, died and his heirs were not brought on record. Baul, respondent No. 2 also died during the pendency of the s...
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