Allahabad Court February 1945 Judgments
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Agha Syed Zafar Ali Shah Vs. Collector of Meerut
Court: Allahabad
Decided on: Feb-15-1945
Reported in: AIR1945All290
Allsop, J.1. The question raised by this ' reference under the Court-fees Act is whether the plaintiffs in a suit instituted in the Court of the First Civil Judge of Meerut have paid sufficient court-fees. The Court of Wards executed two sale deeds of the plaintiff's property when that property was under its superintendence. Plaintiff 1 and the husband and the predecessor-in-interest of. plaintiff 2 also executed the deeds, although it is alleged that they did so because they were deceived. The plaintiffs sued for three reliefs, namely, (1) that the sale deeds should be declared invalid and ineffectual and that the possession of the property should be delivered to them; (2) that a decree for Rs. 30,000 paid in cash to the Court of Wards should be passed in favour of the plaintiffs and (3) that mesne profits should be allowed. It is admitted that the right court-fee was paid on the second and third reliefs. On the first relief the learned Judge held that the court-fee should be calculat...
United Provinces Government Vs. Azhar Ali and anr.
Court: Allahabad
Decided on: Feb-14-1945
Reported in: AIR1945All187
Mulla, J.1. This is an appeal by the United Provinces Government against an award of the Improvement Trust Tribunal at Cawnpore, dated 24th September 1940, which is embodied in a decree, dated 11th November 1940. The award and the consequent decree were made in a proceeding under the U.P. Town Improvement Act (8 of 1919). The Improvement Trust, Cawnpore, prepared an improvement scheme and published a notice thereof on 10th January 1920, as required by Section 36, U.P. Town Improvement Act. The improvement scheme was called the Factory Areas Scheme No. l. The notice related to a portion of a plot No. 466 situated in Juhi in the suburbs of Cawnpore. The total area of this portion was 2 bighas, 18 biswas and 4 biswansis. This land belonged at the date of the notice to one Rani Kunwar. The scheme was sanctioned by the Local Government and a notification announcing that fact was issued on 18th January 1921, as required by Section 42, U.P. Town Improvement Act. Subsection (1) of Section 42 p...
Commissioner of Income-tax Vs. Sarwankumar, Minor, Under the Guardians ...
Court: Allahabad
Decided on: Feb-14-1945
Reported in: AIR1945All286
Iqbal Ahmad, C.J.1. This is a reference under Section 66, Income-tax Act, by the Income-tax (appellate) Tribunal, Delhi, and the questions referred for decision by this Court are:(1) Whether the undivided Hindu family of which Raja Jagat Kumar was the sole surviving coparcener and who died in 1934, leaving behind two widows, an unmarried daughter, a mother, a step-mother who during his lifetime was entitled to and receiving maintenance as the widow of a predeceased coparcener, and two illegitimate sons of his father who are receiving maintenance out of the family estate, ceased to exist on Raja Jagat Kumar's death. (2) Whether when the amount of maintenance that the widow of a predeceased coparcener had in the past been receiving as a member of a Hindu undivided family has been fixed by an agreement, the amount received by her under the agreement ceases to be an amount received by her as member of an undivided Hindu family.2. For a proper appreciation of these questions, which are a bi...
Commissioner of Income-tax Vs. Sarwan Kumar.
Court: Allahabad
Decided on: Feb-14-1945
Reported in: [1945]13ITR361(All)
IQBAL AHMAD, C.J. - This is a reference under Section 66 of the Income-tax Act by the Income-tax Appellate Tribunal, Delhi and the questions referred for decision by this Court are :-(1) Whether the undivided Hindu family of which Raja Jagat Kumar was the sole surviving coparcener and who died in 1934, leaving behind two widows, an unmarried daughter, a mother, a stepmother who during his lifetime was entitled to and receiving maintenance as the widow of a predeceased coparcener, and two illegitimate sons of his father who are receiving maintenance out of the family estate, ceased to exist on Raja Jagat Kumars death.(2) Whether when the amount of maintenance that the widow of predeceased coparcener had in the past been receiving as a member of a Hindu undivided family has been fixed by an agreement, the amount received by her under the agreement ceases to be an amount received by her as member of an undivided Hindu family.For a proper appreciation of these questions, which are a bit in...
Makkhan and ors. Vs. Emperor
Court: Allahabad
Decided on: Feb-13-1945
Reported in: AIR1945All81
Malik, J.1. Four appellants before me have been convicted under Sections 458 and 323, Penal Code. Makhan, appellant has been awarded a sentence of five years' rigorous imprisonment under Section 458, Penal Code, while the other appellants have been sentenced to three years' rigorous imprisonment each. All the four appellants have been sentenced to one year's rigorous imprisonment under Section 323, Penal Code. The appellants were acquitted of the offence punishable under Section 395, Penal Code. The appellants were charged only under Section 395, Penal Code, and it will be necessary to quote the exact wording of the charge, which was as follows:That you on or about the 26th day of December 1943, committed dacoity at the house of Nek Ram in village Shamla Nagla, and thereby committed an offence punishable under Section 395 of the Indian Penal Code, and within cognizance of Sessions Court, Etah, and I hereby direct that you be tried by the said Court on the said charge.2. It would thus a...
Fattan and ors. Vs. Emperor
Court: Allahabad
Decided on: Feb-13-1945
Reported in: AIR1945All87
Malik, J.1. This appeal has been filed by seven appellants who have been convicted under various sections of the Penal Code and sentenced to various terms of imprisonment. The case for the prosecution was that on the night between 7th and 8th August 1943 they committed dacoity in the house of Nathu Singh and others in village Nithari, police station Jansath, district Muzaffarnagar. The learned Sessions Judge, however, disbelieved the story of dacoity and acquitted them under S.395, Penal Code but convicted the various accused under Sections 452, 823, 324,147 and 148, Penal Code. On behalf of the appellants it has been argued before me that the learned Sessions Judge having disbelieved the entire case for the prosecution as regards this dacoity should not have, merely on the ground that the complainants had received certain injuries which could not be self-inflicted and which, must have been caused to them by somebody and there was no reason why if the injuries were caused to the compla...
Sukhram Dubey Vs. Lal Partap Singh and ors.
Court: Allahabad
Decided on: Feb-09-1945
Reported in: AIR1945All343
Sinha, J. 1. This is an appeal by an unsuccessful plaintiff in a pre-emption suit whose claim for pre-emption has been dismissed by both the Courts below on the ground of nonjoinder of necessary parties. The facts essential for the decision of this appeal are no longer in controversy and are as follows: On 1st July 1936, one Abriilak Singh sold three items of property to Lal Pratap Singh and Rudra Pratap Singh, minors. The two vendees, just named, are sons of Suraj Pal Singh. Sukhram Dube, the appellant in the present appeal, brought a suit for pre-emption with respect to two out of the three items of the property sold by the sale deed of 1936. He impleaded the two vendees and the vendor as defendants to the suit. The suit was based on the allegation that the vendees were total strangers to the Mahal in which the properties in dispute were situated and the plaintiff had a right of pre-emption against them. It was further alleged in the plaint that the ostensible consideration of Rs. 25...
Allahabad Bank, Ltd. Vs. Maharaj Kishore Khanna and ors.
Court: Allahabad
Decided on: Feb-09-1945
Reported in: AIR1945All371
Verma, J.1. This is a somewhat unusual case. The essential facts can, however, be stated briefly. It appears that the respondent before us, Mr. Maharaj Kishore Khanna, was possessed of considerable immovable property over which he created a number of simple mortgages in favour of the Allahabad Bank, the Benares Bank, and some other person or persons. The Benares Bank brought Suit No. 117 of 1929 in the Court of the Civil Judge at Benares for sale on foot of their mortgage and impleaded the mortgagor as well as the other mortgagees as defendants. During the pendency of this suit an application was filed by the Benares Bank - in which the other mortgagees joined or which, at any rate, was supported the other mortgagees - praying that a Receiver be appointed of the landed property belonging to Mr. Khanna. This application was granted by the Civil Judge on 6th January 1932. A preliminary decree for sale was passed on 25th May 1933. There was an appeal to this Court against this decree by t...
B. Shaila Pati Bhattacharji Vs. Sahu Mahadeo Prasad and ors.
Court: Allahabad
Decided on: Feb-08-1945
Reported in: AIR1945All215
1. These are two connected appeals by two sets of decree-holders, who had obtained a compromise decree on the basis of a mortgage on 15th November 1932. It appears that under this compromise decree, Shaila Pati, appellant, got a half interest in the decree and Sheo Shankar and Ram Shankar got the other half interest in the decree. On 12th March 1941, an application for execution of the decree with respect to the entire decretal amount was filed by Sheo Shankar and Ram Shankar on their own behalf as well as on behalf of Shaila Pati. Later on 28th March 1941 another application for execution was made by Shaila Pati alone for execution of the decree in respect of half of the decretal amount. It appears from the application, dated 12th March 1941 that the decree-holders sought execution against the entire mortgaged property consisting of landed property as well as house property, whereas in the application, dated 28th March 1941 on behalf of Shaila Pati, the prayer was that execution might...
Badar Shoe Stores in Re.
Court: Allahabad
Decided on: Feb-08-1945
Reported in: [1946]14ITR431(All)
This is a reference by the Income-tax Appellate Tribunal under Section 66 of the Income-tax Act at the instance of the Badar Shoe Stores (hereinafter called the assessee).The statement of the case beings by saying that the necessary facts are set out in the judgment of the Appellate Tribunal and in greater detail in the assessment orders for the years 1939-40 and 1940-41. We deprecate the practice, which is becoming too common, of omitting a sufficient statement of facts from the statement of the case and of referring this Court to a miscellany of other documents for the collection of the full facts necessary for the determination of the question of law submitted, and we shall take the opportunity of referring to the unfortunate consequences if this practice at a later stage of this judgment.The assessee, a firm of which a certain Mr. Badr-Uzzaman was the proprietor, had carried on business as dealers in shoes at the Shoe Market Agra, since at least the beginning of the year 1936. For ...
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