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Judgment Search Results Home > Cases Phrase: mediation Court: allahabad Year: 1955 Page 5 of about 70 results (0.010 seconds)

Sep 30 1955 (HC)

Vishwa Mittra Vs. Dist. Judge, Jhansi and ors.

Court : Allahabad

Decided on : Sep-30-1955

Reported in : AIR1956All89

ordermehrotra, j.1. the applicant along with sri jagdish rai and allah rakha, who have been impleaded as opposite parties nos. 2 and 3 to this petition, filed his nomination paper for ejection as a member to the cantonment board, jhansi from ward no. 3 in the election held in october 1954. on the date of scrutiny of nomination papers, the nomination paper of sri jagdish rai, opposite party no. 2 was rejected by the returning officer and the applicant's and allah rakha's nomination papers were admitted and they were declared duly nominated.12-10-1954 was the date fixed for the withdrawal of the nomination papers and on that date sriallah rakha, opposite party no. 3 withdrew his candidature and as no other candidate was left in thefield, the returning officer declared the applicantduly elected on the 13-10-1954 under rule 22, cantonment rules. an election petition was thereafterfiled by the opposite party no. 2 against the applicant on various grounds. the applicant put in hisdefence and filed his written statement. a numberof issues were struck and issue no. 1 reads as follows:'is the petition as framed not legally maintainable? is the petitioner not entitled to make this application?2. this issue was heard as a preliminary issue in the case and the district judge of jhansi held in favour of the opposite party and rejected the objection of the petitioner that the petition as framed was not maintainable. the present petition has been tiled under article 226 of the constitution .....

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Oct 03 1955 (HC)

Jagmohan Das and ors. Vs. Official Liquidator, Banaras Bank and ors.

Court : Allahabad

Decided on : Oct-03-1955

Reported in : AIR1956All145

agarwala, j. 1. this appeal arises out of proceedings under section 183, companies act. the facts briefly stated are as follows. 2. in 1921, 703 shares were purchased by one har krishna das. then in 1928 another lot of shares 718 in number were purchased in the name of hari krishna das, but in reality it was purchased by har krishna das together with two other persons named narottam das and ram chandra rao naik kalia. these shares were registered in the name of har krishna das alone. later on 239 out of these 718 shares were registered in the name of narottam das and the remaining 479 shares remained registered in the name of har krishna das. har krishna das died in 1938. on 1-8-1939 the banaras bank went into liquidation and the liquidators had to determine who the legal representatives and heirs of har krishna das were who should be brought on the register of share-holders as contributories. at his death, har krishna das had only one brother living, namely, udai karau das. he had four other brothers who had died prior to his death. the liquidators held that udai karan das was the legal representative and heir of har krishna das. udai karan das objected to this finding and on an appeal by him under section 183, the company judge, braund, j. upheld the official liquidator's order and directed the name of udai karan das to be recorded as a contributory. he, however, stated that he was not deciding the question as to from which property the amount due upon the shares was to be .....

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Nov 08 1955 (HC)

Kashi Prasad Singh Vs. Gupteshwar Singh and anr.

Court : Allahabad

Decided on : Nov-08-1955

Reported in : AIR1956All431

brij mohan lall, j.1. this civil revision is connected with first appeal from order no. 328 of 1952.2. it appears that the applicant, thakural kashi prasad singh and two of the opposite parties, viz., thakurai gupteshwar singh and thakurai jagdish prasadi singh, executed an arbitration agreement on 29-4-1950. they appointed two persons, viz., sri raj kishore singh and sri mutun behari singh, as arbitrators and a third person, sri jai shankar lal vakil, as sarpanch. as no suit was pending, the arbitration was intended to take place without the intervention of the court.it so happened that sri raj kishore singhand sri mutun behari singh refused to act asarbitrators. thereupon thakurai gupteshwar singhserved notices on the other twoexecutants of the arbitration agreementcalling upon them to nominate fresh arbitrators. no step was taken by the remaining twoexecutants on receipt of these notices, whereuponthakurai gupteshwar singh made an applicationto court under section 8(2), indian arbitration act(x of 1940) for the appointment of arbitratorsin place of the two arbitrators mentioned in thearbitration agreement who had refused to act.this application was registered as miscellaneous case no. 65 of 1950. it was opposed by the present applicant, thakurai kashi prasad singh, ultimately the learned civil judge appointed two vakils, viz., sri vishwanath prasad and sri ram chandra das, as arbitrators. he added that 'their fees will be paid by the parties which will be determined .....

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Aug 05 1955 (HC)

Udai Bhan Singh Vs. Lachhman Das and anr.

Court : Allahabad

Decided on : Aug-05-1955

Reported in : AIR1955All667

randhir singh, j. 1. this is a miscellaneous appeal under section 6a(i), court-fees act arising out of a court-fee matter. 2. a suit was instituted by the appellant for a declaration that the plaintiff was the owner in possession of the entire village bansi rehayak and that the defendants had no right to put it to sale in execution of the decree dated 9/12th august, 1948. the grounds on which the declaration was claimed were that this village belonged to one thakur sheo narain singh who was succeeded by his widow thakurain sujan kunwar and that on the death of thakurain sujan kunwar, who was only a life estate holder, the plaintiff became owner of the village. a decree was passed against thakurain sujan kunwar in her life time, and under the provisions of the agriculturists' relief act a charge was, created on village bansi rehayak. the decree was put into execution and as thakurain sujan kunwar had died the plaintiff, who was her legal representative, also, raised an objection to the execution, of the decree against this property. it was alleged on his behalf that thakurain sujan kunwar having died her interest in the property came to an end and the property could no longer be taken in execution of the decree. the defendants contested the suit and one of the objections raised by the defendants was that the court-fee paid by the appellant was insufficient inasmuch as the suit was governed for the purposes of payment of court-fee by section 7(iv-a) and not by article 17 of .....

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May 04 1955 (HC)

Vikram Cotton Mills Ltd. and anr. Vs. Jwala Pd. Radha Krishna and ors.

Court : Allahabad

Decided on : May-04-1955

Reported in : AIR1956All14

brij mohan lall, j. 1. this is an application by shri vikram cotton mills ltd. (hereinafter described, for brevity's sake, as the company) under section 153 of the indian companies act (vii of 1913) praying that this court may sanction a scheme put forward by it for payment of its debts. 2. this company was registered in 1910. one of its principal objects was the manufacture of cloth. for the last six or seven years it has been in financial difficulties it approached the industrial financial corporation (hereinafter described as corporation) for help and succeeded, by executing a deed of an english mortgage, in obtaining from it a loan of rupees ten and a half lakhs, repayable in certain instalments. under this deed the corporation had a right to enter into possession of the mortgaged property and to sell it in the event of non-fulfilment of the conditions mentioned in the deed. repayment could not be made as agreed. 3. on 12-2-1954 messrs. jwala prasad radha krishna, who claim to be the company's creditors but whose claim is denied by the company made an application lor its compulsory winding up. in june 1954 the corporation exercised its right of taking possession of the company's property and entered into possession thereof. 4. on 16-7-1954 the present application was presented by the company. it may be pointed oat at this stage that the paid-up capital of the company is about rupees eleven lakhs and its indebtedness exceeds rupees thirty-seven lakhs. from amongst the .....

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May 06 1955 (HC)

Mukundji Mahraj Vs. Persotam Lalji Mahraj

Court : Allahabad

Decided on : May-06-1955

Reported in : AIR1957All77

agarwala, j. 1. this is a plaintiff's appeal arising out of a suit for a declaration that proceedings in suits nos. 503 of 1928 and 138 of 1930 and 66 of 1937 do not bind the plaintiff and that the plaintiff may be awarded possession over the property in dispute. the plaintiff is an idol sri thakur mukundji maharaj, installed in a temple, situate in mohalla bengali gnat in the city of mathura. the idol sues through its next friend surra chaube who claims to be its manager. the defendant is one goswami purshottam lalji who is the purchaser at auction of half of the temple in which the plaintiff idol is installed. the property in dispute is this half portion of the temple which has been taken possession of by the defendant in the following circumstances. 2. the plaintiff idol was under the shebaitship of one mahant bhagwat das who was a follower of the vaishnavite ramanandi sampradaya. earlier history of the shebaits of the idol is not known. but it is common ground that the shebaits had been bairagis, that is to say, vaishnavites who had renounced the world. mahant, bhagwat das made a will on 11-9-1922, which was duly registered and by which he nominated narsingh das to succeed him as mahant and appointed five trustees to look after the management of the idol's properties. 3. bhagwat pas died in 1923 and narsingh das, as provided in the will, became the manager of the temple and its property. narsingh das borrowed a sum of rs. 380/- under a promissory note executed by him from .....

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Aug 09 1955 (HC)

Dalel Singh Vs. Honorary Secretary, Co-operative Union Ltd., U.P., Luc ...

Court : Allahabad

Decided on : Aug-09-1955

Reported in : AIR1956All43; (1956)ILLJ242All

orderv.d. bhargava, j.1. this is a petition under article 226 of the constitution. according to the petitioner he was a supervisor appointed on 17-8-1947 in the co-operative union limited, lucknow, which is a co-operative society registered under the co-operative societies act. he alleges that his services were under the registrar co-operative societies, lucknow. while he was holding this post he was in charge of the branch union at chandausi. on 8-3-1950 the application went on leave and he entrusted the store in his absence to one chandrapal.kamdar who also after a week, on 16-3-1950, went away without the permission of his superior officer and entrusted the work to one ganeshi lal, salesman of the union.in the meantime owing to some ill will his name was mentioned in connection with a case under section 363, i. p. c. on account of this the registrar ordered his suspension till the case under section 363, i. p. c., was decided. later on the case under section 363 was not proceeded with. but the cooperative society started investigation against the applicant and the other two persons chandrapal kamdar and ganeshi lal for misappropriation that was alleged to have taken place in the union during the time when the applicant was on leave.on 19-8-1950 after the investigation a certain explanation was asked for from the applicant and he was asked to give his reply to the assistant registrar, co-operative societies about the irregularities and charges which were handed over to .....

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Jul 14 1955 (HC)

Vimal Kishore Mehrotra Vs. State of Uttar Pradesh and anr.

Court : Allahabad

Decided on : Jul-14-1955

Reported in : AIR1956All56; 1956CriLJ13

oak, j.1. this is a petition by vimal kishore mehrotra under article 226 of the constitution for a direction or writ in, the nature of habeas corpus. the petitioner is one of the general secretaries of suti mill mazdoor sabha, kanpur. the workers of textile mills at kanpur went on strike from the early part of may, 1955. the strike lasted for several weeks. the petitioner was arrested on 28-4-55 but was released on 11-5-1955. the petitioner was again arrested by the police on 18-5-1955. he was produced before a magistrate on 19-5-1955.the petitioner was informed that he had been arrested under section 7, criminal law amendment act, 1932. since then he is in jail custody. according to the petitioner, his arrest and detention are illegal for a variety of reasons. he, therefore, prays that he be set at liberty, and orders for detention be quashed. the petitioner filed an affidavit in support of his petition.2. notices were issued to the opposite parties. the state of uttar pradesh is respondent 1, while the superintendent, jail, kanpur is respondent 2. the petitioner was produced before this court on 27-6-1954 as directed by the court. the learned deputy government advocate appearing on behalf of the two respondents filed a counter-affidavit to justify the petitioner's arrest and detention. the counter-affidavit is by one suraj singh who is a sub-inspector of police posted in district kanpur. on 27-6-1955, the petitioner filed a supplementary affidavit as rejoinder to the sub- .....

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Oct 05 1955 (HC)

Kalika Prasad Vs. Additional Commissioner, Agra Division and ors.

Court : Allahabad

Decided on : Oct-05-1955

Reported in : AIR1956All103

ordermehrotra, j. 1. this is an application under article 226 of the constitution praying that a writ of certiorari be issued quashing the order passed by the learned additional commissioner dated 11-1-1955. 2. an application under section 27 of act 10 of 1947 was filed by the grand-father of samokhi lal, opposite party 2 for reinstatement of his possession. in those proceedings a compromise was arrived at between kishan lal and the petitioner in the present petition, kalika prasad under which, four plots were given to him. during the pendency of those proceedings a bhumidhari sanad was obtained by kalika prasad applicant. proceedings under section 202, u. p. zamindari abolition and land reforms act were started. those proceedings were stayed and on an application made by the opposite party the sanad granted to the applicant was cancelled by the assistant collector under section 12, u. p. agricultural tenants (acquisition of privileges) act, an appeal was preferred to the additional commissioner agra' division against the order of the assistant collector cancelling the sanad and the additional commissioner by his order dated 22-11-1954, allowed the appeal, set aside the order of the assistant collector and maintained the order granting sanad to the applicant. thereafter opposite party filed an application for review of judgment of the additional commissioner, who by his order dated 11-1-1955, recalled his order dated 26-11-1954, and dismissed the appeal with costs. the order .....

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Sep 28 1955 (HC)

Durvijay Singh and ors. Vs. Munni NaraIn and ors.

Court : Allahabad

Decided on : Sep-28-1955

Reported in : AIR1956All119

upadhya, j. 1. this is a defendants' appeal arising out of a suit for damages. the plaintiffs alleged that they were the tenants and in culti-vatory possession of certain agricultural plots and after they had collected the harvest of 1351f., on the threshing floor, the defendants took it away. in the next year i. e., 1352f., proceedings under section 145, criminal p. c., are said to have been started at the instance of the defendants. the learned magistrate passed an order attaching the plots in dispute, and the plots having remained under attachment for sometime, the plaintiffs could not cultivate them during 1352f., and thereby they suffered a loss which is claimed in this suit. the damage assessed by the plaintiffs amounted to rs. 600/- each year, and a total claim of rs. 1200/- for the two years mentioned above, was made by the plaintiffs. the trial court dismissed the suit. on appeal by the plaintiffs the lower appellate court found that the claim put forward by the defendants to the plots in dispute had not been proved, and the learned judge held that the plaintiffs were the tenants, that the plots had been cultivated by them in 1351f., and that the defendants had taken away the' harvest after the plaintiffs had collected it on the threshing floor. he also took the view that the loss relating to the year 1352p., was due to the action taken by the defendants, and he, therefore, held that the plaintiffs were entitled to the damages and assessed the damages to be rs. 800/- .....

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