Allahabad Court September 1977 Judgments
Babu RajnaraIn Singh and anr. Vs. Ganesh Bind and ors.
Court: Allahabad
Decided on: Sep-30-1977
Reported in: AIR1978All30
M.P. Mehrotra, J.1. This appeal and the connected revision arise out of two connected suits, namely, original suit No. 27 of 1945, connected with original suit No, 297 of 1945. Both the suits were consolidated in the trial Court and were disposed of by one common judgment. On appeal the lower appellate court also disposed of the two connected appeals by one common Judgment. Against the Judgment of the lower appellate court the instant second appeal and the connected revision have been filed. The second appeal arises out of original suit No. 297 of 1945 and the connected revision arises out of the original suit No. 29 of 1945. The said suit No. 27 of 1945 was initiated by an application under Section 12 of the U. P. Agriculturists Relief Act whereby the plaintiffs claimed possession over the mortgaged property after redemption of certain mortgages. Against the judgment whereby the said application was disposed of an appeal lay to the lower appellate court but, it seems, no second appeal...
Tag this Judgment!Ram Chander Dubey and anr. Vs. the Deputy Director of Consolidation, D ...
Court: Allahabad
Decided on: Sep-30-1977
Reported in: AIR1978All157
ORDERK.C. Agarwal, J.1. Ram Chandra Dubey and Shanker Dubey, the petitioners and Bharadwaj Dubey, the respondent No. 4, were the members of a joint Hindu family. Their inter se relationship would be reflected from the pedigree given below :-- NIRANJAN _________________________|______________________________ | | | | Ganga Raja Sarju Rajpati _________|_______ | | | Bharadwaj Ram Chandar Shankar2. The dispute in this writ petition is in respect of the land situated in three Khatas, being Khata Nos. 50, 95-A and 95-B. Khata No. 50 comprises of Bhumidhari plots whereas Khata Nos. 95-A and 95-B consist of sirdari plots. In the basic year, these Khatas were entered in the names of the petitioners. Respondent No. 4 filed an objection claiming rights of co-bhumidhar and co-sirdar over the land of the aforesaid three Khatas. In brief, the case of respondent No. 4 was that Khata Nos. 95-A and 95-B were the joint tenancy of the ancestors of the petitioners and the respondent No. 4 and that the nam...
Tag this Judgment!Raja Ram Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Sep-29-1977
Reported in: 1978CriLJ196
ORDERS.K. Kaul, J.1. This appeal arises out of an unfortunate occurrence in which two teenagers, both co-workers at a petty tea shop, were involved. The facts of this appeal lie in a short compass. Deceased Karhley, a lad of about 17, and accused Raja Ram of the same age group, both were employed at the hotel of one Halli, situate in Mohalla Bhuin-phurwa Nath. 4 or 5 days before this murder, according to the prosecution story, the deceased had committed car-na intercourse against the order of nature with accused Raja Ram. On 6th of Oct., 1972, the deceased and the accused both on pretext of easing themselves went away from this hotel at about 3 p. m. Both of them went to Mahewa Garhi. After finishing easing himself in the Arhar field of one Lai Mohan Singh, when Karhley deceased was tying the string of his Pyjama, Raja Ram accused expressed a desire to have a carnal intercourse against the order of nature with deceased Karhley. Karhley was not prepared to oblige him and pointedly refus...
Tag this Judgment!Mohd. YasIn Khan Vs. State
Court: Allahabad
Decided on: Sep-26-1977
Reported in: 1978CriLJ208
ORDERH.N. Kapoor, J.1. The applicant Mohd, Yasin Khan has been convicted Under Section 14 of the Foreigners Act read with Rule 6 of the Indian Passport Rules, 1950 and sentenced to undergo imprisonment for 15 months' R.I. The order has been confirmed in Cr. Appeal No. 71 of 1973 by the Sessions Judge of Ghazipur by his order dated 26-7-1973.2. The prosecution case is that the applicant is a foreigner and having en- tered India vide Pakistani Passport No 518168 dated 10-9-1969 and Indian Visa No. 113093 Clause (c) dated 24-12-1969 overstayed in India without a valid permit. He entered the Indian territory on 8-1-1970 via check-post Hardaspur and returned back to Pakistan on 22-2-1970. He again entered the Indian territory on 20-5-1970 without any travel document and he was prosecuted by the G. R. P. Siliguri Under Section 3(2) of the I. P. Act and on 22-5-1970 he was sentenced to undergo R.I. for rive days. After being released from the jail on 26-5-1970, he was pushed back to Pakistan ...
Tag this Judgment!Murari Lal Vs. Raman Lal and ors.
Court: Allahabad
Decided on: Sep-23-1977
Reported in: AIR1978All106
M.P. Mehrotra, J.1. This revision is directed against the dismissal of an appeal by the court below upholding the preliminary objection which was raised by the respondents that there was no validly presented memorandum of appeal before the said court as required by Order XLI Rule 1, C. P. C.2. The brief facts are these. The predecessor of the plaintiff-respondents filed an application under Section 12 of the U. P. Agriculturists Relief Act, 1934 for the redemption of a usufructuary mortgage. This application was filed against Murari Lal who was the original defendant-applicant in this revision. He died during the pendency of the revision and his legal representatives were brought on record. The trial court decreed the aforesaid suit initiated by the applicant under Section 12 of the U. P. Agriculturists Relief Act and an appeal was taken out by the defendant-appellant, Murari Lal, to this Court and the same was registered as First Appeal No. 55 of 1945 on 8th Jan., 1945. This appeal wa...
Tag this Judgment!S.N. Misra and ors. Vs. B.L. Rastogi and ors.
Court: Allahabad
Decided on: Sep-22-1977
Reported in: AIR1978All165
Hari Swarup, J.1. These appeals have been filed against the judgment of a learned single Judge by which he allowed the writ petition and quashed the order filed along with the writ petition as Annexure 13 in so far as it related to the appointment of opposite parties Nos. 5 to 19 in the writ petition (hereinafter referred to as the appellants) as Travelling Ticket Examiners and in so far as it directed the reversion of the petitioners (hereinafter referred to as the respondents) from the post of Leave Reserve Ticket Collectors.2. The respondents claimed that the appellants were recruited in the ministerial cadre and their transfer to the open line cadre of Ticket Collectors was without authority of law and that even if it was valid they could not carry with them their seniority to the open line cadre. In case the first contention was accepted the appellants would have remained in their ministerial cadre without disturbing the seniority in the open line cadre. In case the second and not...
Tag this Judgment!MoIn UddIn and ors. Vs. Dy. Director of Consolidation and ors.
Court: Allahabad
Decided on: Sep-22-1977
Reported in: AIR1978All241
ORDERR.M. Sahai, J.1. The two questions canvassed on behalf of the petitioners is the legality of setting aside of an order, although ex parte, by the Deputy Director Consolidation, OD grounds, which, on the finding did not make out sufficient cause for the absence of the opposite parties on the date of hearing. And infirmity in the order, thereafter, passed on merits without adverting to the material evidence on record consisting of oral evidence etc. on adverse possession, the plea on which the claim by the opposite party was founded before the Consolidation Officer.2. To substantiate the first argument reliance was placed on Section 201 of U. P. Land Revenue Act which by Legislative incorporation applies to proceedings under U. P. Consolidation of Holding Act. Its applicability to proceedings in revision under Section 48 of the Act is no more in doubt (see 1969 All WR (HC) 592, Ram Charan v. Deputy Director Consolidation). Section 201 of the U. P. Land Revenue Act reads as under:'S....
Tag this Judgment!Ram Das Ram Parkash Vs. Nagar Mahapalika and anr.
Court: Allahabad
Decided on: Sep-22-1977
Reported in: (1977)6CTR(All)257
Yashodanandan, J. - The appellants writ petition was allowed by a learned single was allowed by a learned single Judge in part. Aggrieved by the dismissal of its petition in part the appellate has filed this appeal. The facts giving rise to this appeal are that by a notification dated 16th January 1960 the Nagar Mahapalika, Kanpur proposeed to revise the rates of terminal tax on various commodities imported within or exported from the municipal limits. The petitioner filed a writ petition some time in the year 1969 challenging the legality of this notification enhancing the rates of terminal tax and imposing the tax on certain additional commodities. It prayed for the quashing of the notification and further prayed for an order or writ directing the respondent Nagar Mahapalika to refund the excess tax realised on the basis of the impugned notification. The learned signal Judge following an earlier decision of this court in writ petition No. 1200 of 1960 M/s. J. K. Jute Company Ltd. Kan...
Tag this Judgment!Mohd. Ajmal Vs. Firm Indian Chemical Co. and ors.
Court: Allahabad
Decided on: Sep-19-1977
Reported in: AIR1978All21
ORDERYashoda Nandan, J.1. This is a plaintiff's revision directed against an order passed by the learned Civil Judge, Azamgarh, dated 4th February, 1975.2. The relevant facts giving rise to this revision are that the plaintiff, claiming to be a partner of the defendant-firm Indian Chemical Co. having its office in Mohalla malik Tehirpura, Maunath Bhanjan, district Azamgarh, filed a suit against the Frm and remaining defendants praying for the following reliefs :--(a) That by granting the decree of dissolution of partnership of the firm defendant No. 1 defendant No. 2 or any other defendant who may be found liable be or-dered to render the account of the capital profit and loss of the firm from 1963 right upto this day and on accounting the plaintiff's share of capital and profit to the extent of one third be got recovered from defendant No. 2 or any other defendant who may be found to be liable.(b) The assets of the firm as disclosed in list A be partitioned and one third share of the ...
Tag this Judgment!Ganpat Singh Vs. Sher Bahadur Singh and ors.
Court: Allahabad
Decided on: Sep-19-1977
Reported in: AIR1978All66
T.S. Misra, J. 1. This appeal arises out of a suit filed by the appellant for declaration of his title with regard to the property in dispute and for permanent injunction to restrain the defendants from interfering with the possession of the plaintiffs. The plaintiffs claimed title to the property and maintained that they were in possession thereof. The defendants denied the averments made by the plaintiffs and asserted that the plaintiffs were neither the owners of the property in question nor were they in possession thereof. They set up their own possession over the property. They also pleaded that they had perfected their title by remaining in adverse possession thereof. The trial court on a consideration of the evidence found that the plaintiffs were the owners of the property in question but found that they were not in possession. In view of the same, the trial court also repelled the contention of the defendants that they had perfected their title by adverse possession. On these ...
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