Allahabad Court September 1975 Judgments
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Gur Dayal Prasad Vs. L. Raghunath Prasad and ors.
Court: Allahabad
Decided on: Sep-24-1975
Reported in: AIR1976All141
R.B. Misra, J.1. The present appeals are directed against the judgment and decree dated 30th October, 1958, passed by the 1st Additional Civil Judge, Agra in a suit for dissolution of partnership, rendition of accounts and for recovery of damages.2. There was a spinning mill at Hathras in the district of Aligarh, known as Ram Chand Hardeo Dass. This mill was later on, purchased by Shroti Lal Bankey Lal and others in execution of a decree No. 217 of 1916 for a sum of Rupees 24,00,000. According to the plaintiffs, the purchasers were short of funds. They, therefore, approached Makhan Lal, grand-fa her of plaintiff No. 1 and father of Ram Swarup, plaintiff No. 2 and persuaded him to become a partner in the said mill on the assurance of prospective profits.Makhan Lal agreed to become a partner and invested a sum of Rs. 2,25,000 out of Rs. 24,00,000, the total sale consideration of the mill. The terms of the partnership were agreed upon in or about November, 1920, and later on, a partnershi...
Dr. Pradeep Kumar Vs. the Chief Controller of Explosives, Nagpur and o ...
Court: Allahabad
Decided on: Sep-24-1975
Reported in: AIR1976All266
ORDERP.N. Bakshi, J. 1. The petitioner is a registered Medical Graduate and resides in a house situate in an Ahata known as Chandrika Prasad Bagicha, situate in Mohalla Chunniganj, Kanpur. The Bagicha lies in one of the thickly populated commercial and residential localities of Kanpur. A trust was created in 1917 in respect of this Bagicha and one Mukandi Lal Garg was acting as its Managing Trustee till 22nd March, 1975, nO new trustee has since been appointed.2. The petitioner's case is that Srimati Rabia Begum respondent No. 4, who is a war widow, started raising construction over a portion of the afore-said Bagicha in May, 1975, in close proximity to the petitioner's residential house. On an enquiry the petitioner came to know that she had obtained a lease in respect of 1,000 Sq. yards of land in this Bagicha from Mukandi Lal Garg on 1-2-1975 for the construction of a godown for the storage of 500 gas cylinders. The petitioner's father Dr. M. G. Mangalani also resided with him. The ...
indra Dev Vs. Meerut University, Meerut
Court: Allahabad
Decided on: Sep-24-1975
Reported in: AIR1976All272
K.N. Seth, J. 1. The scope and ambit of the power of the Vice-Chancellor under Sub-section (5) of Section 10 of the Kanpur and Meerut Universities Act, 1965, is the only question involved in this appeal. 2. The petitioner was a student of the Ishwar Dayal Parsandi Devi Degree College, Bulandshahr, affiliated to the Meerut University. He joined the college in July, 1971, and offered Botany,Chemistry and Zoology as the subjects for the B.Sc. Degree, The existing ordinance required that a candidate must obtain 20% marks in each subject in theory and practical separately and 33% in the aggregate in order to secure a pass. The marks secured by the petitioner entitled him to be declared successful if the existing ordinance governed his case. Before the academic session started in July, 1971, the Vice-Chancellor, in exercise of the power conferred on him by Section 10 (5), passed an order on 30th June, 1971, amending the existing ordinance. The amended ordinance provided that the pass percent...
Ganesh Das Ram Gopal Vs. the Munsif, South Lucknow and anr.
Court: Allahabad
Decided on: Sep-23-1975
Reported in: AIR1976All111
K.C. Agarwal, J.1. By this judgment Special Appeal No, 499 of 1969 and the connected Special Appeal No. 343 of 1969 are being disposed of which have been filed against the judgment of the learned Single Judge dated 27-3-1969. The learned Single Judge allowed the writ petition of Messrs Ganesh Das Ram Gopal (briefly stated as the appellant) in part.2. The facts of the case, necessary for appreciation of the points involved, are as follows: The appellant admittedly is the owner of a building situate in Lucknow known as 'Halwasia Court' Hazratganj, Lucknow. On 8-5-1962 die appellant tiled an application under Section 7-B of the U. P. (Temporary) Control of Rent and Eviction Act, hereinafter referred to as the 'Act' against Shamsher Bahadur the appellant of Special Appeal No. 343 of 1969 (briefly stated as the respondent). The appellant alleged in the application under Section 7-B of the Act that the respondent was the tenant on a monthly rent of Rs. 1650/- under the allotment order dated ...
Mahabir Prasad and anr. Vs. State and anr.
Court: Allahabad
Decided on: Sep-22-1975
Reported in: 1976CriLJ245
ORDERHari Swarup, J.1. These three references have been made with the recommendation that the conviction of the applicants in each of the three references under Section 447, I. P.C. and the Sentence of fine of Rs. 50/- awarded for the offence be quashed.2. Three complaints had been filed by the Assistant Engineer P.W. D. on the allegation that the accused in each case was in unauthorised possession of the proper in dispute and in spite of the notice served upon him, had not withdrawn from the property. The learned Magistrate without recording any finding about service of The notice contemplated by Section 441, I. P.C. convicted the accused on the finding that the land belonged to the P.W. D. and had been encroached upon by the accused.3. The learned III Additional District and Sessions Judge ^m examining the evidence came to the conclusion that the notice was not proved to hpve been served on the accused- Learned Government Advocate has referred to the evidence in the case and has poin...
Rupan and ors. Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Sep-22-1975
Reported in: 1976CriLJ502
ORDERHari Swarup, J.1. This revision has been filed against the order of the learned Magistrate issued under Section 137 of the Criminal P.C. 1898. Notice under Section 133, Criminal P.C. was given to the applicants requiring them to remove the alleged obstruction from the alleged public way. The applicants appeared and denied that the land in dispute was a public way. After that denial the learned Magistrate should have proceeded to make enquiry contemplated by Section 139-A (2), Criminal P.C. From the record it appears that the learned Magistrate did not comply with this provision but proceeded under Section 137 thinking that the dispute inter se the parties was open to decision. He accordingly proceeded to take evidence of the parties and finally came to the conclusion that the land in dispute was a public way and the same had been encroached upon bv the applicants. He accordingly made the order absolute under Section 137, Criminal P.C. The revision filed by the objector was dismiss...
Ram Asrey Misra Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: Sep-19-1975
Reported in: AIR1976All223
ORDERK.N. Singh, J. 1. This is a petition under Article 226 of the Constitution for the quashing of the order dated 7th March, 1975, appointing Akhilesh Chandra Upadhya as Principal of Raja Shri Krishna Dutta Degree College, Jaunpur.2. Raja Shri Krishna Dutta Degree College, conducts B.A., B.Sc. and B.Ed. classes. The College was previously affiliated to Gorakhpur University. Sri Akhilesh Chandra Upadhya, respondent No. 4, was its permanent principal, he took one year's leave with effect from 2nd October, 1972, and later on he got hisring that period he joined as principal of Goverdhan Dass Binani Degree College, Mirzapur, which was also affiliated to the Gorakhpur University. During his absence the Committee of Management of the Raja Shri Krishna Dutt Degree College, Jaunpur (hereinafter referred to as the Jaunpur College) invited applications from qualified and experienced persons for appointment to the post of Principal in leave vacancy which was likely to be made permanent. Ram Asr...
Dassu Vs. Smt. Manitra
Court: Allahabad
Decided on: Sep-19-1975
Reported in: 1976CriLJ1221
ORDERH.N. Kapoor, J.1. This is a petition under Section 482, Criminal Procedure Code praying that the order passed by the Magistrate under Section 488, Criminal Procedure Code allowing maintenance to the opposite party Smt. Manitra be quashed. In this case a revision had already been filed (Cr. Revision No. 31 of 1974) which was dismissed on 6-5-1975. No second revision lies under Section 397(3), Criminal Procedure Code, The provisions under Section 482, Criminal Procedure Code cannot be invoked for the purpose of circumventing the express provisions under the Code. Smt. Ramo Devi Gupta, learned Counsel for the applicant, however, argued that the question is one which goes to the very root of the jurisdiction. In this case it has been challenged that there was no valid marriage between the applicant and the opposite party. According to her, the opposite party no doubt examined some witnesses including herself and all that was stated was that she was married with the applicant. Her argu...
State of U.P. Vs. Raja Ram
Court: Allahabad
Decided on: Sep-18-1975
Reported in: 1976CriLJ1222
S. Malik, J.1. This is an appeal by the State against the judgment dated 5-3-1966 of the Judicial Magistrate, Handia, Allahabad, acquitting the accused opposite party, namely, Raja Ram of the charge framed against him for an offence punishable under Section 447 of the Indian Penal Code.2. The appeal first came up before another Bench of this Court and was disposed of on the 3rd September, 1970. 'The judgment disposing of this appeal was subsequently set aside on an application moved on behalf of the accused opposite party stating that the case was listed without the name of the learned Counsel for the accused opposite party and, therefore, the accused opposite party had no information and could not defend himself.3. The facts are simple. As has been found by the learned Magistrate, Raja Ram constructed a house over an area 23' X 18' at a distance of 45 ft. 7 inches from the southern end of national highway No. 2, or in other words, the Grand Trunk Road between Allahabad and Varanasi to...
U.R. Agarwal Vs. Brahm Singh and ors.
Court: Allahabad
Decided on: Sep-17-1975
Reported in: AIR1976All243
ORDERT.S. Misra, J.1. The plaintiff applicant filed this revision against an order dated 31-5-1975 passed by the Civil Judge, Lucknow dismissing the plaintiff's application for interim injunction. The learned counsel for the applicant, however, statedtoday before me that the revision against that order was not maintainable and that the revision petition may be treated as a F. A. F. O. I have consequently treated this revision petition as a F. A. F. O.2. I have heard the learned counsel for the plaintiff appellant at length and have also gone through the impugned order. The appellant seems to have challenged the official actg of the opposite parties 1, 2 and 3 who are public officers. The State Government was not impleaded in the suit on the ground that no formal agreement was executed in terms of the provisions of Article 299 of the Constitution. The fact, however, remains that the opposite parties have been impleaded in the suit in their official capacity impugning their act purportin...
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