Allahabad Court January 1979 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.
State of U.P. Vs. Mumtaz Hussain
Court: Allahabad
Decided on: Jan-15-1979
Reported in: AIR1979All174
H.N. Seth, J.1. The first appeal by defendant State of U. P. is directed against the judgment of the Additional Civil Judge, Nainital dated 30-4-1963 decreeing the suit filed by Sri Mumtaz Hussain Contractor for a sum of Rs. 31,338/-.2. The plaintiff Mumtaz Hussain filed the suit giving rise to the present appeal in the court of the Civil Judge, Nainital alleging that he had purchased the entire Shisham trees in the area between rivers Dhimri and Baur which are sold to him under an auction sale conducted by the Agricultural Officer, Co-operative Farm, Rudrapur under the Colonization Scheme on 25-5-1952 for a sum of Rs. 7,500/-. In due course he deposited the entire sale consideration and started cutting and felling the Shisham trees and was expecting to complete the work before 30-11-1952. Officials of the Forest Department, however, illegally and without authority started interfering with the plaintiff's work and finally stopped him from exporting timber and illegally seized all the t...
Ratnoo Mahabir and anr. Vs. the State
Court: Allahabad
Decided on: Jan-11-1979
Reported in: 1980CriLJ123
ORDERMahavir Singh, J.1. This is a petition under Section 561-A Cr. P. C. for remitting the penalty imposed upon them on forfeiture of their bonds.2. The relevant facts are that the applicant stood surety for one Ganesh in some case under Section 420 I. P. C. On some date Ganesh absented and the bail bonds of the applicants were forfeited. They were asked to show cause as to why the amount of bail bonds be not realised from them- The applicants could not produce the accused and therefore, order was passed for realisation of the amounts of bail bonds which were for Rs. 800/- from each of the two applicants.3. Afterwards the applicants succeeded in tracing out Ganesh and he was produced in Court. On a trial Ganesh was also acquitted.4. Later the applicants moved another application to the Magistrate under Section 514 (5) Cr. P. C. for remitting penalty imposed upon them in view of their having succeeded in tracing out the accused and also because the accused was ultimately acquitted, but...
Mool Chand Vs. Ram Phool and anr.
Court: Allahabad
Decided on: Jan-10-1979
Reported in: AIR1979All189
R.R. Rastogi, J. 1. This is defendants second appeal from a decree dated 20-11-67 passed by the 1st Additional Civil Judge Bulandshahr confirming the judgment and decree passed by the 1st Munsif, Buland-shahr, decreeing the suit for specific performance in favour of plaintiff-respondent No. 1. 2. The facts giving rise to this appeal briefly stated are: that the suit was originally filed by Jagdish Prasad respondent No. 2 on the allegations that the defendant-appellant Mool Chand had executed an agreement to sell his land in his favour for a sum of Rs. 4,200/- and had received Rs. 900/- as advance. An agreement was duly executed on 1-10-1965. The sale deed was to be executed by 2-12-1965. Since the defendant-appellant failed to execute the sale deed, Jagdish Prasad filed a suit for specific performance on 6-12-1965. By means of an amendment application moved on 30-4-1966 it was alleged by Jagdish Prasad that he was Benamidar of Ram Phool who is now plaintiff-respondent No. 1 and that it...
Ratan Lal Vs. Ramesh Chandra and ors.
Court: Allahabad
Decided on: Jan-10-1979
Reported in: AIR1979All296
Deoki Nandan, J. 1. This is a plaintiff's second appeal from the preliminary decree in a suit for partition. The plaintiff had claimed his share in the property to be 9/40. By its preliminary decree dated 31st July, 1967 the trial court decreed the plaintiff's share to be 9/40 as claimed by him, but on appeal by some of the defendants, the lower appellate court held that the plaintiff's share was only 1/8 and that he was liable to pay Rs. 1062.50 p. to the defendant-appellants before it, as his share towards the consideration payable for the re-purchase of immovable properties, which could be adjusted against the value of the properties to be allotted against his share at the partition. The plaintiff-appellant has prayed for restoration of the trial court's decree declaring his share to be 9/40. 2. The property in suit belonged to one Ram Chandra and has been found to have been his self acquired property. That finding has not been questioned before me. Ram Chandra had a brother Chiman ...
Jagi Narayan Pandey and anr. Vs. Smt. Bach Kaliya
Court: Allahabad
Decided on: Jan-09-1979
Reported in: AIR1979All246
P.N. Goel, J.1. Jagi Narayan Pandey and his son Lallan Pandey have preferred this appeal against the judgment and decree dated 7-8-1968 passed by II Temporary Civil and Sessions Judge, Ballia.2. The plaintiff-appellants brought the suit for recovery of Rs. 2,000/- on the basis of a Sarkhat dated 26-1-1961 for Rs. 800/- The appellants alleged that Nand Kishore Misra had taken a loan of Rs. 800/- from them at 5 Anna per cent per month as interest.3. The suit was decreed by the Munsif, East Ballia. In appeal the Civil and Sessions Judge, hereinafter called the Civil Judge, admitted several documents filed by the respondents and took oral evidence of one Hari Har Rai, Inspector Post Offices and Kamla Kant produced on behalf of the respondents. Then on an appraisal of the entire evidence the Civil Judge dismissed the appellants' suit.4. Sri G. P. Bhargava, learned counsel for the appellants contended: (1) The Civil Judge, as an appellate court, was not competent to have taken documentary an...
Nanoo Mal Saxena Vs. State and anr.
Court: Allahabad
Decided on: Jan-09-1979
Reported in: 1979CriLJ306
ORDERP.N. Bakshi, J.1. An application was filed by Smt. Sheel Kumari claiming maintenance from her husband Nanoo Mai Saxena on the ground that he had treated her with cruelty and had failed to maintain her. These allegations were denied by the husband. The trial court rejected the application of Smt. Sheel Kumari but awarded a maintenance allowance of Rs. 50 for her infant child. Aggrieved thereby a revision was filed before the Sessions Judge, Nainital, which has been dismissed on 2nd August, 1976. Hence this revision.2. I have heard the learned Counsel for the applicant and have also perused the impugned orders. It is argued by the learned Counsel that Smt, Sheel Kumari has not claimed any maintenance for her child and therefore, the Magistrate was not justified in allowing the same. He has also urged that so far a? Sheel Kumari herself is concerned, the Magistrate has found that the allegations of cruelty and neglect have not been found true. In these circumstances, ha submits that ...
Tilak Raj Mehra Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jan-09-1979
Reported in: 1979CriLJ308
ORDERP.N. Goel, J.1. This is an application under Section 482, Cr.P.C.2. There is Mehra Silk Mills in the city of Varanasi. There was dispute in respect of this Mill between Mehkana Chand Mehra and his son Tilak Raj Mehra. On one side and Radha Krishna Mehra, opposite party No. 2, which gave rise to a case under Section 145, Criminal P. C. On 19-2-1970 the Magistrate drew a preliminary order under Section 145(1) and considering the case as one of Emergency, appointed Kashi Nath, Godown In-charge, Mehra Silk Mills as Supurdar of the Mills. It was directed in the order that the Mill would not be closed by the Supurdar and would be run by him so that the interests of the workers would not suffer, A copy of this order has been filed by opposite party No. 2 today. On 14-2-1975 Radha Krishna Mehra, opposite party No. 2, filed a complaint before the Chief Judicial Magistrate, Varanasi, against Kashi Nath, Tilak Raj, applicant, Mekham Chand Mehra, Om Prakash and Kishan Chand under Sections 406...
Beni Madhav Mishra and anr. Vs. Shiv Govind and ors.
Court: Allahabad
Decided on: Jan-05-1979
Reported in: AIR1979All359
ORDERK.C. Agrawal, J. 1. This revision is directedagainst the judgment of the DistrictJudge, Etawah dated 18th Aug., 1975.2. Suit No. 254 of 1972 had been filed by the plaintiff-opposite party for eviction, recovery of arrears of rent and damages. After the enforcement of the U. P. Civil Laws (Amendment) Act No. 37 of 1972, the suit was fixed for hearing for the 28th Feb., 1974. On that date the hearing was adjourned to 16th May, 1974. The case did not proceed and was adjourned on the ground of the illness of the defendant. Next date fixed was 29th Aug., 1974. On this date the defendant moved an application No. 55-D asking the plaintiff to disclose material particulars. The hearing of the case did not take place even on that date and was adjourned to 26th Sept., 1974, for the disposal of the application No. 55-D. On 26-9-1974 the defendant sought adjournment and 19-12-1974, was fixed. As the defendant did not appear on 19-12-1974, the application No. 55-D was rejected. Thereafter, thre...
Kishan Lal Vs. State
Court: Allahabad
Decided on: Jan-05-1979
Reported in: 1979CriLJ309
ORDERV.N. Varma, J.1. This revision is directed against an order dated 20-3-1976 passed by the Additional Sessions Judge, Saharanpur, confirming the conviction and sentence recorded against the applicant under Section 411, I. P. C.2. At the relevant time (August, 1973) Abdul Shakoor (P. W. 1) owned a tube-well with a transformer fixed therein. On the night of 4/5th August, 1973 a theft was committed at his tube-well and all the copper wire present on the body of the transformer was removed therefrom. Several other things, namely, a Parat, a lota, a tumbler and a Katori (utensilsEd.) (all made of brass) were also found missing. One bag having a cross-mark on it was also not found there. On the Lota and the tumbler the name of Abdul Shakoor had been engraved. Abdul Shakoor collected some of his friends and left for Sarrafa market of Saharanpur in search of the articles which he had lost. In the Sarrafa market he visited almost all the shops and ultimately came across a person having a ba...
Municipal Board Vs. Smt. Chandrawati
Court: Allahabad
Decided on: Jan-04-1979
Reported in: AIR1979All101
P.N. Goel, J. 1. This is a defendant's appeal against the judgment and decree dated 28-5-1968 passed by Second Temporary Civil and Sessions Judge, Aligarh.2. Facts of this case are in a narrow compass. Smt. Janki Devi was inthe employ of the appellant, Municipal Board, Aligarh as a maid servant. By notice dated 19-9-1958 her services were terminated with effect from 1-11-1958: Smt. Janki Devi filed a suit for declaration that the order dated 19-9-1958 terminating her services was illegal. Her suit was decreed. Consequently the appellant reinstated her on 16-2-1962. Smt. Janki Devi died on 7-4-1962. Thereafter on 1-1-1963 Smt Chandrawati, respondent heir of Smt. Janki Devi brought a suit for recovery of arrears of pay of Smt. Janki Devi for the period April, 1960 to 7th April. 1962.3. The suit was contested by the appellant mainly on the ground that it was barred by time as it was not filed within 6 months as provided under Section 326 of the U. P. Municipalities Act, 1916. This content...
- ‹ Prev
- 1
- 3
- Next ›
- Last »