Allahabad Court May 1975 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Smt. Balley and anr. Vs. Rama Shanker Lal and ors.
Court: Allahabad
Decided on: May-14-1975
Reported in: AIR1975All461
K.B. Asthana, C.J.1. The plaintiff-respondent brought the suit giving rise to this appeal for a permanent injunction restraining the defendants from interfering in any way with the right of the plaintiff, the members of his family, the labourers employed by him and the bullocks belonging to him from going to plots Nos. 9 and10 over the rasta MNPQ shown in the plan attached to the plaint and for directing the defendants to remove the portion of a wall MN marked in the plan aforesaid constructed by them. The plaintiff's case was that the passage claimed by Him was one Lattha wide joining his plots Nos. 9 and 10 with the main public road in the north and passing over the boundary between plots Nos. 30 .and 31 and that he, members of his family and servants had been using it for a period of more than 25 years as of right without any let or hindrance; thus they acquired a prescriptive right of easement under Section 15 of the Easements Act. The plaintiff further pleaded that the passage ove...
Smt. Jasoda Vs. the State
Court: Allahabad
Decided on: May-14-1975
Reported in: 1976CriLJ360
ORDEROnkar Singh, J.1. This is an appeal by Smt, Jasoda who has been convicted and sentenced to three years' rigorous imprisonment under Section 326 read with Section 34, I. P.C.2. The facts giving rise to this appeal are as follows: P.W. 3 Srimati Bitola daughter of P.W. 4, Birbal was married to Hardwari who was also an accused in this case and was convicted under Section 326, I. P.C. but was sentenced to a fine of Rupees 1,000/- only in view of the fact that during the course of trial he became crippled and the trial Court did not think it desirable to impose substantive sentence on him.3. Smt. Jasoda appellant is the mother of accused Hardwari. There was another accused Bipati, Bahnoi of Hardwari who was also prosecuted along with Hardwari and Smt. Jasoda but has been acquitted by the trial Court. It appears that the relations between Smt. Bitola and her husband were strained and the former used to complain about it to Smt. Jasoda. It is said that 1% years before the occurrence Hard...
Dwarika Yadav and ors. Vs. the State
Court: Allahabad
Decided on: May-13-1975
Reported in: 1976CriLJ239
J.P. Chaturvedi, J.1. This is an appeal by Dwarika Yadava, Mahesh Yadava, and Mangala Yadava. The three appellants were tried in Sessions Trial No. 47 of 1971 by the learned Sessions Judge, Ballia. He found Dwarika guilty of an offence under Section 302, I. P.C. and convicted and sentenced him to life imprisonment. He also found him guilty of the offence under Section 323, I. P- C. for causing simple hurt to Gauri Shanker and sentenced him to rigorous imprisonment for one year. He further convicted him under Section 323 read with Section 34, I. P.C. for causing simple hurt to Hardeep and sentenced him to undergo rigorous imprisonment for six months. The two appellants Mahesh and Mangala were convicted of the offence under Section 302 read with Section 34, I. P.C. and sentenced to life imprisonment. Mangala was also convicted of the offence under Section 323, I. P.C. for causing simple hurt to Hardeep and he was sentenced to undergo rigorous imprisonment for six months. Mahesh was convi...
Nagar Mahapalika, Agra Vs. Kalawati Devi
Court: Allahabad
Decided on: May-12-1975
Reported in: AIR1976All40
P.N. Bakshi, J. 1. The Nagar Mahapalika, Agra acquired certain land for North Vijay Nagar Development Scheme. A Notification was issued under Section 36 (2) of the Town Improvement Act and published in the U. P. Gazette on 29-7-1950. Notification under Section 42 (1) of this Act was published in the U. P. Gazette dated 24-11-1951. The plot in dispute bears Khasra No. 1810 situate in village Ghatwasan, Tahsil Agra. District Agra. Its area is one bigha which is equal to 2756 square yards. The Land Acquisition Officer awarded compensation of Rs. 9/8/- to Smt. Kalawati. Objections were filed by Smt. Kalawati claiming this compensation to be most inadequate. The claim by the obiector was Rs. 5/- per square yard The Collector then made a reference under the Land Acquisition Act. The Nagar Mahapalika Tribunal, Agra has decreed the claim of the obiector for Rs. 11,014/7/- with interest at 6% per annum from the date of the possession till the date of payment of compensation money vide its iudgm...
Salik Chand Vs. Mohan Lal
Court: Allahabad
Decided on: May-12-1975
Reported in: AIR1975All420
K.B. Asthana, C.J.1. Salik Chand presented a plaint in the court of the second Civil Judge, Meerut at Ghaziabad, alleging inter alia that the defendant Mohan Lal was his tenant and had defaulted in payment of rent. The relief claimed in the plaint was that the defendant be ejected and a decree be passed for recovery of arrears of rent and damages. Many other suits of similar nature were presented by other landlords. These suits were not registered as the Munsarim reported that the court had no jurisdiction to entertain the suits on the small cause court side. The learned Second Civil Judge, by his order dated 18-4-1975accepted the objection and held that the suits were not entertainable by him. When this order was brought to the notice of the Chief Justice in Chambers by a delegation of Advocates from Ghaziabad, who also presented before him a certified copy of the said order of the Second Civil Judge, the Chief Justice suo motu entertained the revision and sent for the record of the l...
Sheo Mahendra Kumar and ors. Vs. State of U.P.
Court: Allahabad
Decided on: May-12-1975
Reported in: [1976]104ITR703(All)
C.S.P. Singh, J.1. The Agricultural Income-tax Revision Board, U.P., Lucknow, has in conformity with the order passed by this court, referred the following question of law under Section 24(4) of the U.P. Agricultural Income-tax Act, 1948 :'Whether, on the facts and in the circumstances of the case, a joint assessment could be made in law in respect of the agricultural income of the estate held by Kr. Ram Singh as reversioner and of the ancestral estate held by him for himself and his sons ?'2. The years involved in the present reference are the Fasli years 1355, J356, 1357, 1358 and 1359. In 1355 Fasli, a notice under Section 15(3) of the Act was issued against the assessee, and he filed two sets of returns, one for the inherited property and the other for his self-acquired property. The assessing authority by order dated August 13, 1949, assessed an amount of Rs. 19,700-11-0 as tax treating both the properties as joint. An appeal was filed against this order by the assessee before the...
Advance Insurance Co. Ltd. Vs. Mill Stores Co.
Court: Allahabad
Decided on: May-09-1975
Reported in: AIR1975All411
N.D. Ojha, J.1. The opposite party Messrs. Mill Stores Company, Galghar, Gorakhpur. filed an appeal in this Court against an order dated 24th April, 1971 passed by the Civil Judge Gorakhpur refusing to make an award the rule of the Court. The appeal was allowed by a Bench of this Court on 15th October, 1971. The applicant made an application under Article 133(I)(a) and (b) of the Constitution of India for a certificate that the case was a fit one for appeal to the Supreme Court. The application was presented on 10th December, 1971. and after notices were served on the opposite party it came up for hearing on 30th March, 1973. On that date we granted a certificate in the following terms :--'The judgment of this Court is of variance. The subject-matter in dispute was and still is above Rs. 20,000/- in value. We accordingly grant a certificate to the applicant under Clause (a) of Article 133(1) of the Constitution. There will be no order as to costs.'Thereafter the present application was...
Badri Barai Vs. Bishwa Nath Bajpai and ors.
Court: Allahabad
Decided on: May-08-1975
Reported in: AIR1976All180
Amitav Banerji, J.1. This is an appeal by one of the defendants in the suit. Bishwanath Bajpai plaintiff filed a suit for the declaration that the suit plots belonged to defendant No. 3 Chhedi Barai and they are liable to be attached in execution of the decrees of the plaintiff and other creditors against Chhedi Barai. The plaintiff also prayed for the relief of cancellation of a gift deed dated 1st March, 1954 executed by Chhedi Barai in favour of the defendants Nos. 1 and 2.2. Plaintiff's case was that he had filed suit No. 456 of 1964 against defendant No. 3 Chhedi Barai on the basis of a promissory note executed by the latter. The suit plots were attached before judgment in that suit. Objections were filed by defendants Nos. 1 and 2 and the plots in suit were released in their favour. These defendants claimed that they were the owners of the plots in dispute by means of the gift deed dated 1st March, 1954 executed in their favour by Chhedi Barai. The order releasing the suit plots ...
Palak Dhari and anr. Vs. Deputy Director of Consolidation, Varanasi an ...
Court: Allahabad
Decided on: May-08-1975
Reported in: AIR1975All410
ORDERSatish Chandra, J. 1. The question of law argued before me in this writ petition was whether a female Bhumidhar, who had inherited a holding from her husband, was competent to bequeath it by a will. The Deputy Director of Consolidation upheld the view of the Settlement Officer (Consolidation) that in view of Section 14 of the Hindu Succession Act the female Bhumidhar became a full owner and was entitled to bequeath the agricultural holding by will. On that basis he repelled the claim of the petitioners.2. In Ramji Dixit v. Bhirgunath, (1968 All LJ 844) = (AIR 1968 SC 1058) the Supreme Court has upheld the view of this Court that a female Bhumidhar governed by Sub-section (2) of Section 169 is incompetent to bequeath a Bhumidhari holding by will. Sub-section (2) of Section 169 aforesaid applies, inter alia, to a widow. In the present case Smt. Rameshwari Devi had inherited the holding from her husband and had executed the will on 10th November, 1963 before her death on 18th Decembe...
Mangal Ram Bhagat Vs. State
Court: Allahabad
Decided on: May-08-1975
Reported in: 1976CriLJ362
ORDERH.N. Kapoor, J.1. This reference has been made by the Addl. Sessions Judge, Dehradun, by the order dated 21-12-1973 in Criminal Revision No. 47 of 1972 with the recommendation that the conviction and sentence of die applicant under Section 448, I. P.C. be quashed. The applicant was prosecuted under Section 448, I. P.C. on a complaint filed by Sri Sheel Chand Jain, Karinda of Narendra Welfare Trust. The Trust had purchased certain properties including the property in dispute from Smt. Satbala Jain. Smt. Satbala Jain had purchased that property from one Musaddi Lai in the year 1963. Admittedly, the applicant was in possession of the property in dispute from the time of Musaddilal as he was related to him. The case of the complainant was that after purchasing the property on 2-7-1971 the Chairman of the Trust served a notice dated 22-7-1971 on the applicant to vacate the rooms within a period of one week. He had promised to do so but he then did not vacate the property. Hence a compl...
- ‹ Prev
- 1
- 3
- Next ›
- Last »