Allahabad Court May 1977 Judgments
Maiku Vs. the State
Court: Allahabad
Decided on: May-31-1977
Reported in: 1977CriLJ1461
ORDERD.N. Jha, J.1. This is an application for bail moved on behalf of Maiku, I had by my order dated 27-5-1977 after setting aside the order dated 22-4-1977 passed by the Sessions Judge, Unnao, had directed the applicant to be released on bail for reasons to follow subsequently. I now proceed to give reasons for that order.2. Briefly stating the facts are that four persons, namely Ali Ahmad, Yousuf alias Munna, Saubad Ali and the present applicant Maiku had been apprehended in connection with Crime No. 194 relating to Police Station Fatehpur Chaurasi, District Unnao on the charge of murder of one Maqsood Ali at about 6 P. M. on 13-11-1976. The report of the incident was lodged at Police station Fatehpur Chaurasi on 13-11-1976 at 9.30 P. M. by Mahfooz Ali, brother of the deceased. The motive alleged in the report was that about a year ago a quarrel had taken place between deceased and Maiku on the question of cutting of mend in the field. About two months prior to the occurrence the di...
Tag this Judgment!Mohd. Hafiz Vs. State and ors.
Court: Allahabad
Decided on: May-31-1977
Reported in: 1977CriLJ1458
M.N. Shukla, J.1. These two connected petitions may be conveniently disposed of by a single order inasmuch as they arise out of common facts and circumstances. They have been filed in somewhat extraordinary circumstances and disclose a most curious and deplorable state of affairs. In the annals of crime some rare cases have been known in which convicted accused have succeeded in. securing their release by means of forged orders in their favour but for once we have before us reverse case in which an innocent person has been deprived of his liberty with the aid of a purely forged order. Mohd. Hafiz has filed the habeas corpus petition praying that he is in unlawful custody and should be released forthwith. Hari Mohan Singh has filed a Criminal Misc. Application Under Section 482 of the Cri. P. C. stating that he is in imminent danger of being arrested in pursuance of the same forged order and conserquently his arrest may be restrained.2. The allegations made in the habeas corpus petition...
Tag this Judgment!Ghasi Ram Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-20-1977
Reported in: AIR1978All9
ORDERR.M. Sahai, J.1. In response to the notice issued under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act), the petitioner raised a number of objections. One of the objections was that Plot Nos. 1674, 1679, 1714 end 1717 of village Rajpur were not irrigated land.2. The prescribed Authority examined the revenue extracts and held that two crops appeared to have been grown on the plots in dispute. On the basis of oral statement of Naib-Tahsildar he held the land in dispute to be irrigated. The Appellate Court dismissed the appeal on the finding :--'I have gone through the copies of Khasras for the years 1378 to 1380 Fasli on the record. In the aforesaid plots the source of irrigation recorded is tube-well boring, well and tube-well. Further in the Khasras two crops have been recorded in the fields.'3. The basis for determination of ceiling area is the nature of the land. In 1960 Act it was fair quality land and since 1973...
Tag this Judgment!AzharuddIn Vs. Syed Zahid Husain
Court: Allahabad
Decided on: May-20-1977
Reported in: AIR1977All435
Hari Swarup, J.1. This is plaintiffs appeal; it arises out of a suit for ejectment of a tenant and arrears of rent and damages for use and occupation. The plaintiff instituted the suit on the allegation that the tenant had failed to pay arrears of rent for more than three months, within one month of the notice of demand as contemplated by Section 3 of the (U. P.) Temporary Control of Rent and Eviction Act. The defendant's case was that rent for more than three months was not in arrears. He led evidence in support of this plea by producing in court certain receipts of payment of property tax to Nagar Mahapalika. Both the courts below have accepted this payment as sufficient to discharge the tenants liability of rent and have held that there were no arrears of rent due against the tenant for more than three months. On this finding the suit for ejectment was dismissed.2. The learned counsel for the appellant has challenged the view of the courts below and has contended that the payment ma...
Tag this Judgment!R.M. Gupta Vs. Ii Additional District Judge, Lucknow and ors.
Court: Allahabad
Decided on: May-20-1977
Reported in: AIR1977All431
ORDERT.S. Misra, J.1. On 1st June, 1965 the petitioner was let out house No, 90-A Mahanagar, Lucknow by the opposite party No, 2 acting for himself and the opposite parties Nos. 3 and 4 who are his brothers, at a monthly rent of Rs. 250/-. The rate of monthly rent was thereafter increased from time to time and it was finally enhanced to Rs. 425 with effect from 1st of August, 1972. The opposite parties 2 to 4 filed an application against the petitioner under 3, 27 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short, the Act) on the ground, inter alia, that the house was required for the residence of opposite party No. 2. Eviction of the petitioner was accordingly sought for from the said house. The application was resisted by the petitioner pleading, inter alia, that his need was more genuine and pressing than that of opposite parties 2 to 4. On 19-10-1973, an application was made on behalf of the petitioner to the effect that opposite party No. 2 h...
Tag this Judgment!Ram Bilas Tewari Vs. Smt. Shiv Rani and ors.
Court: Allahabad
Decided on: May-20-1977
Reported in: AIR1977All437
T.S. Misra, J.1. The house in suit originally belonged to Ram Bali. A gift deed was executed by him on 29-4-1941 in favour of Smt. Mahdei daughter of Ram Bali. Smt. Mahdei died in the year 1957 after the enforcement of Hindu Succession Act. The house thereupon devolved on her mother Smt. Mangla, who too died on 24-10-1961 leaving behind a son Ram Charan and daughter Smt. Saheb Dei. Ram Charan and Smt. Saheb Dei thus inherited the said house each having a half share therein. Ram Charan however, executed a gift deed in respect of the whole house in favour of his wife Smt. Shiv Rani on 24-1-1962. Smt. Saheb Dei on the other hand sold the entire house aforesaid to Ram Bilas on 3-3-1962. Ram Charan is now dead. Smt. Shiv Rani his wife is alive.2. Before the appellate court below it was stated by the learned counsel for the appellant as also the respondents that the plaintiff got only half share in the house whereas the remaining half belonged to Ram Charan and then the remaining half share ...
Tag this Judgment!Jagannath Vs. District Judge, Mathura and ors.
Court: Allahabad
Decided on: May-20-1977
Reported in: AIR1977All439
ORDERR.M. Sahai, J. 1. On the findings recorded by the subordinate authorities, the short question for determination in this petition is whether the relationship of landlord and tenant can arise by conduct.2. Admittedly, the shop was taken on rent by Sita Ram (petitioner's elder brother)nearly 20 years ago who shifted to Dehra Dun within four or five years and established a separate business. The petitioner is in possession, is running the shop, is paying rent and has licence for running the shop in his name for the last 15 years. The landlord based his claim on the ground of sub-letting which was countered by the petitioner who claimed tenancy in himself. As the petitioner was a minor, the shop was taken in his elder brother's name.3. After remand by the appellate court to record a finding whether the shop was sub-let to the petitioner and whether Sita Ram vacated the shop for good, the Prescribed Authority, once more, dismissed the application for release on the finding that subletti...
Tag this Judgment!Munnu Lal Vs. Nagar Mahapalika and ors.
Court: Allahabad
Decided on: May-19-1977
Reported in: AIR1978All11
ORDERYashoda Nandan, J.1. This is a plaintiff's application in revision and is directed against an order passed by the learned District Judge, Allahabad confirming an order passed by the learned Munsif West vacating an ex parte order of injunction. The ex parte order of injunction was vacated on the ground that the plaintiff applicant was adopting dilatory tactics.2. Learned counsel for the applicant urged that the learned Munsif whose order wag confirmed by the Appellate Court vacated the ex parte order of injunction in purported exercise of powers under Order 39, Rule 4 as amended by the Uttar Pradesh Civil Laws (Reforms and Amendment) Act, 1976 hereinafter referred to as the State Amendment Act. It was urged that Section 13 of the State Amendment Act which introduced a third proviso to Order 39, Rule 4, C. P. C. as it stands amended by the Code of Civil Procedure (Amendment) Act, 1976 is not consistent with the Central Amendment and is consequently invalid on account of Section 97 o...
Tag this Judgment!Smt. Ram Piyari Vs. Budh Sen and ors.
Court: Allahabad
Decided on: May-19-1977
Reported in: AIR1977All390
ORDERSatish Chandra, J. 1. Budh Sen, opposite party No. 1, filed a suit for ejectment against Lala Amichand. During the pendency of the suit. Amichand died. His widow Smt. Ram Piari. the present applicant as well as his sons and daughters, who are opposite parties 2 to 7, were substituted in his place. The sons actively participated in the further hearings of the suit and the same was ultimately decreed on December 6, 1975. The decree was ex parte against the applicant, namely, the widow of Amichand. The applicant moved for the setting aside of the ex parte decree on January 19, 1976. She filed a tender for Rs. 208.50, the decretal amount, along with the aforesaid application. The court passed the tender the same day, but the money was deposited in the bank on February 18, 1976. The trial court dismissed the application on the finding that the applicant Smt. Ram Piari had knowledge of the suit and wilfully did not appear and allowed it to proceed ex parte against her. The court disbeli...
Tag this Judgment!Ram Deo Singh Vs. Executive Engineer, P.W.D. and ors.
Court: Allahabad
Decided on: May-19-1977
Reported in: AIR1977All527
C.S.P. Singh, J. 1. The dispute in the present petition relates to the opening of a tender submitted by the peti-tioner in connection with auction of the ferry Ghat over the Ganges river known as Qazi Tola Ferry Ghat. This Ghat has been declared as a public ferry of Class I by the State Government under Northern India Ferries Act, 1878 (hereinafter referred to as the Act). The Executive Engineer P. W. D. Ghazipur published a notice in the local news paper inviting tenders for letting out of the right to collect tolls over the Ghat for a period of three years. The tender notice apart from requiring the tenderer to comply with a condition imposed by para. 16 of the notice that the tenderer should own a power barge fitted with two engines in a working condition with a capacity of 400 passengers duly registered and a certificate of the District Magistrate or Executive Engineer of these facts should be filed along with tender stating the size, seating capacity, loading capacity and the Hors...
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