Court : Allahabad
Reported in : 1976CriLJ244
ORDERH.N. Kapoor, J.1. The applicant has filed this petition under Section 482 Cr.P.C. with the prayer that the order of the Sessions Judge dated 16-5-1974 be quashed. The applicant was being tried in Sessions Trial No. 11 of 1970 in a case under Section 465/109 I. P.C. on the basis of a complaint filed by Smt. Ketki Devi. During the pendency of the trial, an application was moved on behalf of the complainant praying that the court in the interest of justice be pleased to take thumb-impressions of the accused Iqbal Ahmad under Section 73, Indian Evidence Act and to send them to the Government Handwriting and Finger Prints Expert for comparison with his thumb-impression affixed in the relevant book of the Registration office. On this application, the learned Sessions Judge passed the impugned order dated 16-5-1974 which is as follows:--The statement of the accused was taken under S. 342(1) of the Cr.P.C. He is called upon to give his thumb-impression for comparison by expert, but it is ...
Tag this Judgment!Court : Allahabad
Reported in : 1976CriLJ359
ORDERHari Swarup, J.1. This application has been moved for taking an action in contempt against one C. P. Singh. Ho is an employee of the applicant's company. There was a labour dispute which ended into an award. The award held that the action of the employer was wrongful and unjustified and that C. P. Singh was ordered to be reinstated with continuity of service and he was also held entitled to full wages. Against the award the employer filed a writ petition. The writ petition was dismissed. A special appeal was filed and an interim order was granted in the appeal permitting the workman to withdraw half the amount which was to be deposited by the employer in ac- cordance with the award on furnishing security. Thereafter an application was moved by the workman for modification of the order passed in Special Appeal. The order was clarified by a Bench of this Court to the following effect:-The order dated 14-2-1966 is clarified by stating that it will be open to the Labour Court to accep...
Tag this Judgment!Court : Allahabad
Reported in : 1976CriLJ211
ORDERHari Swarup, J.1. The applicants were granted bail on 23rd December, 1974, as no charge-sheet had been submitted even though the period of more than 60 days had expired. The bail has now been cancelled by the learned Sessions Judge on 1st March, 1975. The grounds given by him are that the application for cancellation of bail had been moved by the State Government and that certain first information reports were lodged with the police. Learned Sessions Judge has not even mentioned the offences for which the first information reports may have been lodged if any proceedings consequent thereto had been initiated to prosecute the petitioners. According to the learned Counsel for the applicants the reports were under Section 506, I. P.C. and, as far as he knows no prosecution has yet been launched on the basis thereof.2. Once the bail has been granted by the Court, it can be cancelled only for valid reasons. The normal grounds for cancelling the bail are chances of jumping the bail, thre...
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All323
ORDERC.S.P. Singh, J.1. The petitioner is owner of premises No. 98, K P. Kakkar Road, Allahabad. In the ground floor portion of this accommodation, there are two shops. One shop is in the possession of Pur-shottam Dass respondent No. 3. On the 1st April, 1972, Purshottam Dass moved an application for regularization of his tenancy over the disputed shop, alleging that he had been in possession of it as a tenant for the last thirteen years under the name and style of 'Agarwal Paper Stores' and paying a monthly rent of Rs. 150/- per month. The monthly rent, according to respondent No. 3, was initially Rs. 80/- per month which was increased to Rs. 100/- per month, and then to Rs. 120/- per month and thereafter to Rs. 150/- per month. The landlord was now asking him to enhance the rent to Rs, 200/- per month. As no rent receipt was being issued by the landlord, a prayer was made that his possession be regularized by issuing an allotment order in his favour. The Chief Inspector inspected the...
Tag this Judgment!Court : Allahabad
Reported in : 1976CriLJ209
ORDERH.N. Kapoor, J.1. This petition has been filed under Section 482, Cr.P.C. for quashing the proceedings before the Sub-Divisional Magistrate, Naugarh, district Basti under Section 145, Cr.P.C. A dispute arose in respect of the premises in which a school was being run in Baruni Bazar in the name of Amar Bal Vidya Mandir. It was being run since 1971 in the aforesaid name by the managing committee comprising of the present applicants including the pradhan of the village, namely, Chandi Prasad. The applicants claimed that the school building was constructed on banjar land belonging to the Gram Sabha. The applicants were described as the second party. The first party consisted of Balmukund Giri (now dead), Om Prakash Kanodia and Haripati Tripathi. They are now the opposite parties. They claimed that the building was constructed on the land belonging to Balmukund Giri which he had obtained on a patta thirty years back and that Balmukund Giri himself had started the school in the year 197...
Tag this Judgment!Court : Allahabad
Reported in : 1976CriLJ465
ORDERHari Swarup, J.1. This revision is directed against the conviction of the applicant under Section 25 of the Arms Act and sentence of one year's rigorous imprisonment awarded to him.2. The applicant was found along with some others manufacturing illicit arms in .a house. At the time of the search the applicant was found engaged in the process of manufacturing revolvers. Besides raw material and manufactured parts, one complete revolver was also recovered. Both the Courts have believed the prosecution version.3. learned Counsel for the applicant has urged that the conviction of the applicant is bad because the search had not been conducted in strict accordance with the provisions of Section 103 of the Code of Criminal Procedure, 1898, which is equivalent to Section 100, Cr.P.C. 1973. Section 103, Cr.P.C. runs as under:103 (1) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more respectable inhabitants of the locality in ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All19
T.S. Misra, J.1. This appeal arises in the following circumstances.2. The appellants, before instituting the suit which has given rise to this appeal, had filed an application under Section 20 of the Arbitration Act for appointment of an arbitrator in terms of the arbitration agreement contained in the deed of partnership. That application was rejected by the Court below on the ground that the partnership deed was not duly registered under Section 58 of the Indian Partnership Act and therefore the petition was barred by the provisions of Section 69 of that Act The matter was brought to this Court in appeal. The order of the court below was upheld with the observations that the petition under Section 20 was not maintainable because of the bar created by Section 69 of the Act. The plaintiff-appellants thereafter filed the suit for rendition of accounts and. In the alternative, for dissolution of the firm in which the defendants were the partners. The defendants before filing the written ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All21
ORDERM.P. Mehrotra, J.1. This revision is directed against the decree passed by the lower appellate court in an appeal against a compromise decree passed by the trial court. The lower appellate court dismissed the appeal and the plaintiff-appellant feeling aggrieved, has come up in the instant revision.2. The brief facts are these: There was a dispute between the parties in respect of a piece of land which was claimed to be the Sahan land by the plaintiff-appellant. It was alleged that the defendant-respondent interfered with the possession of the plaintiff over the said piece of land and wanted to enclose the same. Therefore, the suit was filed by the plaintiff claiming a permanent injunction restraining the defendant from acting in the said manner. The defendant-respondent disputed the plaintiff's claim and claimed the land to belong to himself. During the pendency of the suit the parties referred their dispute to some arbitrators without the intervention of the court. An award was m...
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All64
M.P. Mehrotra, J.1. This is the plaintiffs second appeal.2. The relevant facts are these: The plaintiff filed the suit against two defendants-respondents. Defendant-respondent No. 1 is the alleged widow of Mahanth Shankeranand Nath deceased and the defendant-respondent No. 2 is the Life Insurance Corporation of India. Two main reliefs were claimed by the plaintiff.(1) A declaration was sought to the effect that the plaintiff was entitled to Rs. 7,000/- or any other amount due on the two insurance policies in dispute.(2) A permanent injunction was claimed in favour of the plaintiff against the defendant-respondent No. 1 restraining her from realising the amounts due on the said two policies from the defen-dent-respondent No. 2. According to the plaint allegations there is a Math known as Bawa Sarwanath Math of which Mahanth Mahadeo Nath happened to be the Mahanth Gaddinashin and in that capacity he filed the suit. It was stated that the Mahanth had no personal interest in the income of ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All274
Satish Chandra, J.1. This and the companion writ petitions raise the same points. They can conveniently, be decided by a common judgment.2. Mr. S. C. Khare, who led the various counsel appearing in the different writ petitions, treated the writ petition filed by Messrs. Elgin Mills Co. Ltd., Kanpur, as the leading case.3. This group of writ petitions challenges the validity of the notification dated 1st April, 1973, whereby the Nagar Mahapalika, Kanpur, imposed octroi duty on a large number of goods. The Elgin Mills Co's, case is that it imported mineral oils, steam coal and spare parts of machinery amongst a large number of other things for manufacturing cotton textiles and cotton piece goods at its factory. The aforesaid commodities were exempt from octroi duty under a notification dated 24th October, 1925, issued by the State Government under Section 128 of the U. P. Municipalities Act. This notification was continued in force by Section 577 (a) of the Nagar Mahapalika Adhiniyam 195...
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