Court : Allahabad
Reported in : AIR1981All313
ORDERC.S.P. Singh, J. The Small Causes Court passed an ex parte decree against the defendant on the 3rd August, 1979. An application for setting aside the ex parte decree was made on 16-8-1979, i.e. which was well within time. A prayer was made by the defendant that he should be allowed to file security bond instead of depositing the decretal amount in cash. This prayer was refused on 18-8-1979. Thereafter the defendant did not deposit the decretal amount with the result that the application for setting aside the ex parte decree was rejected. Counsel urged that proviso to Section 17 of the Act gives two options to the defaulting defendant, the first being to deposit the decretal amount in cash, and the other to furnish security. The contention is plainly untenable. So far as security is concerned that can be furnished only when the Court directs that instead of the decretal amount being deposited the defendant shall furnish security. The use of the words 'either' and 'or' in the provis...
Tag this Judgment!Court : Allahabad
Reported in : AIR1981All27
V.K. Mehrotra, J.1. This is a defendants second appeal.2. The plaintiff-respondents filed a suit for an injunction restraining the defendants from interfering with their possession over the land in question, along with trees and bamboo clumps standing thereon, and for recovery of a sum of Rs. 150 as damages. The defendants took the stand that the plaintiffs were neither the owners nor in possession of the disputed property. The trial court, after a consideration of the evidence on record, concluded that the plaintiffs had succeeded in establishing their ownership and possession over part of the disputed property but failed to do so in respect of the rest. It, consequently, decreed the suit in part and dismissed the plaintiff's claim in respect of the remaining part.3. The plaintiff went up in appeal against that part of the decree of the trial court by which it had rejected their claim in part. The defendants filed a cross objection in that appeal in which they assailed the finding of ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1981All29
H.N. Seth, J.1. By this petition under Article 226 of the Constitution the petitioners pray for a writ, order or direction in the nature of certiorari quashing the order dated 20th October, 1976 passed by the Cantonment Board, Kanpur, and for a direction in the nature of mandamus directing the respondent not to realise the excess house and water tax for the period 1974-75 and 1975-76 on the annual value of Rs. 52,000/-.2. Briefly stated, the facts giving rise to this petition are that the petitioners own bungalow No. 23, situated within the limits of Cantonment Board, Kanpur. From time to time, the Cantonment Board, Kanpur, assessed the said bungalow to house tax and water tax on the annual value of Rs. 9,000/- (for the years 1965-66 to 1967-68), Rs. 10,000/-(for the years 1968-69 to 1970-71), Ru-13,000/- (for the years 1971-72 to 1973-74) and Rs. 52,000/- (for the years 1974-75 to 1976-77).3. Being aggrieved by the increase In the valuation of the said bungalow from Rs. 13,000/- (for ...
Tag this Judgment!Court : Allahabad
Reported in : 1981CriLJ196
H.N. Kapoor 1. The appeal has been filed by Chandrabhan and Ram Sajiwan against the order and judgment dated 3-2-1979 of the Addl. Sessions Judge, Kanpur in sessions trial No. 406 of 1978 convicting them under Section 302/149 I.P.C. and sentencing each of them to life imprisonment for committing the murder of Ashok. They have further been convicted under Section 307/149, I.P.C. and sentenced to seven years' R. I. each for making the murderous assault on Dr. Bhanchandra, They have also been convicted under Sections 452 and 148 I.P.C. and sentenced to two years: R. I. and one year's R. I. respectively. All the sentences have been directed to run concurrently. The revision has been filed by Dr. Bhanchandra, the injured against both the accused persons for enhancement of their sentences.2. The prosecution story, as revealed in the first information report and by the prosecution evidence briefly stated, is as follows, There is a small town of Maitha within the police circle, P. S. Sheoli, D...
Tag this Judgment!Court : Allahabad
Reported in : 1980CriLJ1349
ORDERP.N. Bakshi, J.1. This application under Section 482, Cr.P.C. arises in the following circumstances. It appears that a report was lodged at the Police Station Kanuj and registered as Crime No. 365 of 1977 under Section 307 Indian Penal Code against the accused. Investigation was conducted and police submitted its final report. The Magistrate did not accept this report and passed the following order on 29th May, 1977. 'Register. Prepare copies. Issue Summons to the accused persons fixing 16-6-1979 for appearance.' Aggrieved thereby the instant application has been filed under Section 482, Cr.P.C.2. I have heard learned Counsel for the parties and have also perused the impugned order.3. Learned Counsel for the applieant has argued that a Magistrate is bound in law to accept the final report, which is submitted to him by the Investigating Agency under Section 173(3), Criminal P. C. To my mind the Expression 'Final Report' has been misunderstood as a report whereby the police merely r...
Tag this Judgment!Court : Allahabad
Reported in : AIR1980All410
K.N. Singh, J. 1. This is an appeal under Section 110-D of the Motor Vehicles Act by the claimants against the judgment and order of the Claims Tribunal, Etawah, dismissing the appellants' claim petition filed under Section 110-A of the Motor Vehicles Act, 1939.2. Briefly the facts giving rise to this appeal are that Mahmood a conductor who was in the employment of Raj Kishore, owner of Public Carrier Vehicle No. USF 8823, was killed in an accident which took place on 3-6-1970. Abdul Ghafoor the father of the deceased and Mohan Bibi, foster mother of the deceased, Roopa Begam wife of the deceased and Gulam Kadir and Mohd. Usman minor brothers of Mahmood filed claim petition under Section 110-A of the Motor Vehicles Act, claiming compensation from the owner of the vehicle and the New India Assurance Company with whom the vehicle had been insured. The Claims Tribunal dismissed the claim petition by its order dated 1-10-1973. The Claims Tribunal held that since Smt. Roopa Begam widow of t...
Tag this Judgment!Court : Allahabad
Reported in : AIR1981All11
S.D. Agarwal, J.1. This is a defendant's second appeal arising out of a suit filed by the plaintiff-respondent Har Bhajan Singh for possession over Shop No. WB17/290 together with a phar (open land) in front of shops Nos. WB/17/289, 289A, 289/1 and 290 as shown in the map attached to the plaint. A sum of Rs. 345/- was also sought to be recovered as arrears of rent and damages at the rate of Rs. 15/- per mensem for wrongful use and occupation from 15-11-1966 till the date of actual possession. The appellant Om Prakash is a tenant and respondent Har Bhajan Singh is the landlord. The plaintiff-respondent had purchased a set of shops whose numbers have been mentioned above at an auction on 13th December 1964 held under the authority of Custodian, Evacuee property. Om Prakash was a tenant of the said shop bearing No. WB/17/290 as also of the phar in front of the shop. The case set up was that this shop in fact had two doors and as such the defendants appellants became a tenant of both these...
Tag this Judgment!Court : Allahabad
Reported in : 1981CriLJ67
P.N. Goel, J.1. Sadhu alias Ram Dhan and Lalji, appellants have been convicted and sentenced under Section 307/34, I.P.C. to undergo R. I. for 6 years by order dated 23-12-1974 passed by IV Additional Sessions Judge, Allahabad.2. The occurrence took place on 7-6-1969 at about 2.30 P. M. in the grove of Kali Charan within the limits of village Jhusi. One Masuriadin was mercilessly assaulted by the 2 appellants with lathis and two other persons Sheo Baran and Nanku. 33 injuries caused by blunt weapons were found on the person of Masuriadin. Bones of his right and left fore-arms were fractured. Report of the occurrence was lodged at 5 P. M. at the police station Sarai Inayet which is 4 miles from the scene of occurrence.3. Sheo Baran and Nanku were prosecuted and tried along with the appellants. They were acquitted by the learned trial Judge because there was discrepancy in the evidence of the prosecution witnesses in respect of the weapon which they used in the assault on Masuriadin.4. T...
Tag this Judgment!Court : Allahabad
Reported in : AIR1981All200
K.C. Agrawal, J.1. These two first appeals arise from the judgments and decrees of the District Judge Sultanpur, dated 30th October, 1974, disposing of two suits Nos. 6 of 65 and 8 of 66.2. The relevant facts briefly stated are these. Late Sri Ram Naresh Tripathi was an eminent scholar of Hindi and a poet of repute. He wrote a number of books. He was carrying on business at Allahabad in the name and style of Hindi Mandir Prayag. Ram Naresh Tripathi died in. January, 1962 leaving behind his three sons and his widow Smt. Udaiwanti devi. On his death, the business was shifted to Sultanpur. Amongst others, one of the books which had been written by late Sri Ram Naresh Tripathi was SAPNA 'Khandkavya'. This book had gained reputation and popularity in the market. It had also been prescribed by the Delhi University as a Text Book for the Degree of Bachelor of Arts.3. On 7-9-65. Anand Kumar and Jayant Kumar, the two sons of Pt. Ram Naresh Tripathi, brought suit No. 17 of 67 against three defen...
Tag this Judgment!Court : Allahabad
Reported in : 1981CriLJ378
ORDERB.N. Katju, J.1. The applicant was convicted under Section 3/7 of the Essential Commodities Act and sentenced to imprisonment till the rising of the Court and a fine of Rs. 500 and in default to undergo two months' rigorous imprisonment by the Magistrate First Class, Meerut by his judgment dated 24-1-1975 passed in case No. 132. He filed Criminal Appeal No. 25 of 1975 which was dismissed by the III Additional Sessions Judge, Meerut by his judgment dated 11-11-1978 which runs as follows:This appeal has been filed against the order dated 24-1-1975 passed by S. N. Gupta, Magistrate 1st Class convicting the appellant under Section 3/7 of the Essential Commodities Act to imprisonment till the rising of the Court and to pay a fine of Rs. 500 or to undergo R. I. for two months.The prosecution story was that on 16-6-78 at about 7-30 p.m. the accused was found carrying 10 quintals of wheat in two buggies from Tahsil Baghpat towards Meerut without any licence or permit, thereby contravening...
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