Allahabad Court February 1979 Judgments
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Bhola and ors. Vs. State
Court: Allahabad
Decided on: Feb-15-1979
Reported in: 1979CriLJ718
S. Malik, J.1. This is an application in revision under Section 397 of the Cr, P. C, 1973 (hereinafter referred to as the Code), praying that the order dated 17-11-1977 of the Sessions Judge, Ghazipur cancelling the bail granted to the applicants by the Magistrate before whom they are being prosecuted for offences punishable under Sections 147, 323. 325 and 452 of the I. P. C. (Crim. No. 60 of 1977), be set aside.2. The main question involved in this application is whether an order cancelling bail is an 'interlocutory order' within the meaning of Sub-section (2) of Section 397 of the Code or in other words, whether an application in revision would lie to this Court under Section 397 of the Code against an order cancelling bail.3. As usual, the application came up before a learned single Judge of this Court who by his order dated 3-5-1978 referred the case for disposal to a Division Bench as in his view the question requires reconsideration. As has been mentioned in the referring order,...
Smt. Brahmavati and anr. Vs. Ramesh Chand and anr.
Court: Allahabad
Decided on: Feb-12-1979
Reported in: AIR1980All297
P.N. Goel, J.1. This is an appeal against the judgment and decree dated 23-9-1968 passed by II Additional Civil Judge, Moradabad.2. Original Suit No. 443 of 1960 was brought by Ramesh Chand and 9 others under Order 1 Rule 8, C. P. C. in respect of an open piece of land in which there was a well. The open land was used by the members of the public for sitting purposes and passage. The members of the public used to draw water from the well. The defendants-appellants had broken the eastern stairs and Chabutra of the well with the intention of including it in their building, The defendants-appellants also intended to include the open land in their house, Therefore, the plaintiffs-respondents claimed permanent injunction restraining the appellants from doing any such act as to cause interference in the rights of the public in the matter of user of the open land and the well. The case was compromised between the parties. Para 9 of the compromise application stipulated that the appellants cou...
Ramesh Chandra and anr. Vs. Ram Rakshpal
Court: Allahabad
Decided on: Feb-09-1979
Reported in: AIR1979All339
P.N. Goel, J.1. This is a defendants appeal against the judgment and decree dated 3-12-1968 passed by the Civil Judge, Bijnor reversing the judgment and decree dated 23-11-1967 passed by Munsif, Nagina, in Original Suit No. 551 of 1966.2. Parties have their shops in mohalla Kalluganj in the town of Najibabad. Their shops adjoin each other. The shop of the plaintiff-respondent is towards north and the shop of the appellants is just to its south. Both the shops face towards west. A wall 9' in width is between the two shops. The shop of the respondent is a double storeyed one. On the third storey of the respondent's shop there is a wall. The assertion of the respondent was that the intervening wall on the first floor as well as on the second and third floors belonged to him exclusively. The appellants pulled down their shop and in its place constructed a new shop. In doing so they constructed an almirah towards their side in the disputed wall on the ground floor and placed a beam. They al...
ishwari Prasad Vs. Smt. Rajni Devi and ors.
Court: Allahabad
Decided on: Feb-09-1979
Reported in: AIR1979All336
ORDERK.C. Agrawal, J.1. Shrimati Rajni Devi, the plaintiff filed Suit No. 739 of 1968 for ejectment, recovery of arrears of rent and damages for use and occupation against Ishwari Prasad and Ghanshyam defendants 1 and 2. On the enforcement of U.P. Act No. 13 of 1972 the suit was transferred to the Judge Small Cause Court side on 25-1-1973. It, however, appears that as Ghanshyam Das was dead a substitution application had been filed by the plaintiff for bringing his heirs on record. On 9th April, 1974 the substitution application was allowed and 1-8-1974 was fixed for final hearing. No date for hearing of the suit was fixed between 15-7-1972 and 1-8-1974. On 1-8-1974 the suit was adjourned to 19-9-1974. On 19-9-1974 an application was moved by the plaintiff praying that since the defendants had not deposited admitted rent and damages as required under O. XV R. 5 Civil P.C., the defence was liable to be struck out. The defendants filed their objection stating that the arrears had already...
Chhotey Lal Pandey and ors. Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Feb-02-1979
Reported in: AIR1979All135
T.S. Misra, J.1. This petition under Article 226 of the Constitution challenging the reservation of posts in the State Judicial Service for Backward Classes and the dependants of freedom-fighters, the ex-detenus under MISA and DISIR and their dependants raise issues which are complex and indeed of far reaching consequences.2. The petitioners are Advocates and had appeared at the State Judicial Service Examination held in April, 1978 at Allahabad. The examination was conducted to fill 150 temporary posts of which 27 posts are reserved for Scheduled Castes, three posts are reserved for Scheduled Tribes, eight posts are reserved for the dependants of the freedom-fighters domiciled in Uttar Pradesh, twelve posts are reserved for disabled Officers of Military services and 23 posts are reserved for backward classes. The advertisement issued by the Public Service Commission also mentioned that the benefit of reservation of posts meant for the dependants of freedom-fighters would also be avail...
Smt. Marium Vs. Mohd. Shamsi Alam
Court: Allahabad
Decided on: Feb-02-1979
Reported in: AIR1979All257
Deoki Nandan, J.1. This is a plaintiff's second appeal in a suit for declaration that the plaintiff had been divorced by the defendant and for a decree for recovery of Rs. 975.65p. as dowar, Rs. 300/- as maintenance for the period of 'Iddat' Rs. 2,800/- on account of the price of ornaments alleged to have been detained by the defendant; and maintenance for the daughter amounting to Rs. 600/- up to date of the suit and Rs. 50/- per month for the future. In the alternative, it was also pleaded that if the court found that relationship of husband and wife still existed between the parties the marriage may be dissolved by a decree of divorce. The trial court decreed the suit for recovery of Rs. 975.65p. on account of dower but dismissed the rest of the claim. The lower appellate court maintained the decree of the trial court.2. The plaintiff's case was that she was married to the defendant on March 31, 1967; that the dower agreed upon was Rs. 975.65p.; that she went to live with the defend...
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