Court : Allahabad
Reported in : AIR1941All1
Bajpai, J.1. This is an appeal by the defendant Dharam Narain. The plaintiff Suraj Narain brought a suit for 'possession of the entire wakf property, moveable and immovable, and all the funds of the wakf created under a document dated 14th May 1900 executed by Mt. Bibi Sabitri and of the office of mutwalli and amin of the aforesaid wakf by dispossession of the defendant.' It was also prayed that the defendant may be ordered to render all accounts of the funds and income of the property appertaining to the wakf from 1926 upto the institution of the suit and that a decree for the amount found payable by the defendant for the period of his possession with reasonable interest may be passed in favour of the plaintiff against the person and property of the defendant. The Court below decreed the plaintiff's suit 'for possession over the office of trustee and over the property, moveable and immovable, belonging to the trust.' A preliminary decree for account was also passed in favour of the pl...
Tag this Judgment!Court : Allahabad
Reported in : AIR1943All87
Dar J.1. This is an appeal against a judgment and decree, dated 3rd April 1939, of the Civil Judge of Aligarh by which he reversed a judgment and decree, dated 18th July 1938, of the Munsif of Hathras in a suit for possession of immovable property and of its mesne profits. The property in suit which consists of a house and two shops at Hathras is the estate of a Hindu named Hetram, son of Radhe Lal, who died some time ago in the city of Hathras without leaving any issue. On his death his mother Mt. Renuka, widow of Radhe Lal, succeeded to his estate and shortly before her death on 26th May 1936, Mt. Renuka made a gift of the said property in favour of a Hindu idol Shri Thakur Behariji Maharaj. On 30th September 1937, Mt. Sahodra, who is a daughter of Naunidh Ram the brother of Radhe Lal and Mt. Sahodra's three sons, Gokal Chand, Moolchand and Bhagwandas, raised an action in the Court of the Munsif of Hathras against the idol Shri Thakur Behariji Maharaj and against its manager Hotilal ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All257
..... any such authority acquires a financial interest in any transport undertaking, he shall, within four weeks of so doing give notice in writing to the provincial government of the acquisition of such interest and shall vacate office.'the object of this section was to ensure that the persons appointed shall be persons possessed of: an independent mind not tied ..... the law in america might be different from the law in england and in india, and both in england and in india if a highway is dedicated for foot passengers, foot-passengers may alone have a right to pass and repass, if, however, it is dedicated for vehicular traffic, vehicular traffic can pass and repass and the owner of ..... men) ; she could dismiss all the officers, from the central commanding-in-chief downwards ; she could dismiss all the sailors too ; she could sell of all our ships of war and all our naval stores; she could make a peace by the sacrifice of cornwall, and begin a war for the conquest of brittany. she could make every .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All718
..... . on the other side, & it was not easy to say why cargo boats should be treated differently from coasting steamers or passenger ships. there was also no justification for discriminating between military messes & civilian clubs. the pull bench relied upon the cases of barbier, & lindsley. it observed that if ..... habitual criminals who have acquired a bad reputation & others who have not & the difference in the treatment meted out to them has no intelligible connection with the acquisition, or non-acquisition, of a reputation as bad character. there is no reason why habitual criminals who have not acquired a bad reputation should be dealt with under section 110 of ..... the special procedure prescribed for those who have acquired a bad reputation & the orders that may be passed against them under the act have nothing to do with the acquisition by them of a bad reputation. there is no reason why a habitual criminal who is sly & sleek & succeeds in concealing his criminality from the general public .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All551
..... have accepted the principle that a petitioner under article 226 must prove that he has a legal right which has been infringed. in nirmal chakravarti v. land acquisition collector, alipur : air1953cal257 , it was held that it was not open to the beneficiaries under a trust to challenge compensation award after the trust property had ..... for considering representations from persons who have not applied for a permit but are opposed to the grant of a particular permit those include persons already providing passenger transport facilities by any means along or near the proposed route or area, or by any association representing persons interested in the provision of road transport ..... . state of uttar pradesh : [1955]1scr707 any member of the public can, within the limits imposed by state regulations, carry on the business of transporting passengers by motor vehicle. his right to carry on that business is guaranteed under article 19(1)(g), and he is entitled to challenge the constitutionality of any .....
Tag this Judgment!Court : Allahabad
Reported in : (1973)ILLJ387All
..... day of accident the workman finished work at 5.30 a.m. and was returning as usual to the lucknow junction station over the yard in order to catch the passenger train which left there at 8 a.m. for malhaur. when he was within a short distance of the station platform, he was run over by a shunting engine at ..... undertaken. the dead body, however, was not found either on that day or later on. it was a normal night and the commissioner, who made a local inspection of the ship, saw the position of the bridge and deck and found that there was bulwark more than 31/2 feet. on these facts the supreme court, upsetting the judgment of the ..... he sustained injury.in the case before the supreme court the facts were that the deceased was employed as a deck-hand, a sea man of category ii 011 the ship. on 13th december, 1961 he complained of pain in the chest, but nothing abnormal was detected clinically. he was prescribed some tablets and the employee reported fit for the work .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All46
N.D. Ojha, J. 1. This special appeal arises out of a dispute in regard to plot No. 867 situate in village Silla Vishanpur, Pergana Koil, district Aligarh. When Consolidation proceedings started in the village aforesaid, the plot stood recorded inter alia in the names of the appellant and respondent No. 4. Respondent No. 4 filed an objection asserting that the appellant had no right in the plot and that his name may be expunged. This objection was allowed by the Consolidation Officer, but on appeal by the appellant it was dismissed by the Settlement Officer, Consolidation. On second appeal by respondent No. 4, the Deputy Director of Consolidation set aside the order of the Settlement Officer, Consolidation and restored that of the Consolidation Officer. A revision filed by the appellant was ordered to be dismissed by the Commissioner on the ground that it was not maintainable in view of the amendment of the Consolidation of Holdings Act in 1963. Thereafter, a writ petition was filed by ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All98
..... an evacuee' in section 13, in our opinion, includes the person in whom the right, title and interest of the evacuee vests at the time of the acquisition. we are therefore of the opinion that the central government was competent to issue the impugned notification for acquiring the property as also the notice to auction the said ..... interest vests on the date of the acquisition. the respondents having inherited the rights and liabilities of qutub uddin ahmad in the property in question held it subject to the liability of its being acquired under section ..... presents no real difficulty in taking the view that section 12 applies even after the death of an evacuee. section 13 deals with payment of compensation in lieu of acquisition of right, title and interest of an evacuee in the evacuee property. such compensation will be payable to the person in whom the said right, title and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All91
Satish Chandra, J.1. During consolidation operations the petitioners filed an objection claiming to be co-sharers in the holding. Their claim was contested by respondents 4 and 5. One of the issues framed by the Consolidation Officer was whether Beni and Gappu died before the death of Chandi, if so, its effect. In support of their case that Chandi had died before the other two, the petitioners had, inter alia, filed extracts from death registers. The Consolidation officer after considering the evidence on record, held that Gappu and Beni died before Chandi, On, inter alia, this finding the objection of the petitioners was rejected. The petitioners went up in appeal. The Settlement Officer elaborately discussed the extracts from the death registers and rejected them. He confirmed the finding of the Consolidation Officer and dismissed the appeal. The petitioners filed a revision. The Deputy Director of Consolidation stated that he had carefully gone through the record of the case in the ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All110
ORDERG.C. Mathur, J.1. On January 25, 1972, Smt. Kamlesh Asthana (hereinafter referred to as the 'wife') filed, in the Court of Civil Judge, Agra a petition under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights against her husband Sri Surendra Kumar Asthana, the applicant in this revision. At that time and even now the husband is working and residing in Tehran (Iran). After notices were served on the husband, he on March 24, 1972, put in appearance under protest. On March 25, 1972, he filed an application stating that he was a foreign national and was not domiciled in any territory to which the Act extended and that he was not subject to the jurisdiction of Indian courts. He asked for time for filing written statement and prayed that in the mean time the question of jurisdiction be determined. Immediately thereafter on March 28, 1972, the wife filed an application under Section 24 of the Act praying that a pendente lite monthly alimony or monthly maintenan...
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