Allahabad Court October 1949 Judgments
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Chemical Industrial and Pharmaceutical Laboratories Ltd. Vs. Prasanta ...
Court: Allahabad
Decided on: Oct-23-1949
Reported in: AIR1950All258
Mushtaq Ahmad, J.1. This is a defendants' appeal in a suit relating to an alleged infringement of trade-mark. The plaintiff is the proprietor of a manufacturing firm called the Indian Drug House, Allahabad, while the defendants are a firm in Bombay manufacturing and dealing with various classes of medicine. The plaintiff in 1930 put on the market a certain, medicine considered to be a nervine tonic which he labelled with the words 'Tonic Phosphotone' while the defendants about six years later brought out another medicine which they advertised under the title of 'Cipla Phosphoton'. Since this year the two medicines, as found by the trial Court, had been in the market and enjoyed each a certain degree of popularity.2. It is necessary to visualise the precise basis on which the plaintiff sought his relief which was for a permanent injunction restraining the defendants, his servants and agents from manufacturing and offering for sale, etc., anywhere in the country any stuff with the mark a...
Salar Bux Haji Ramzan Vs. the Commissioner of Income-tax, U.P., C.P. a ...
Court: Allahabad
Decided on: Oct-20-1949
Reported in: AIR1952All531; [1952]21ITR449(All)
1. This is a reference under Section 66(1), Income-tax Act, as applied to the Excess Profits Act by Section 21 of the latter Act. 2. The assesses, Messrs Haji Salar Bux Haji Ramzan of Tanda, district Faizabad, besides having business in British India, has cloth business at Bhutwal in Nepal which is outside British India. On the assessment made by the Excess Profits Tax Officer the whole of the assessee's income from business, whether carried on in British India or outside British India, was assessed to Excess Profits Tax. The assessee claimed that from the entire profits computed from the business outside British India, that is, Bhutwal cloth business, a sum of Rs. 4500 should be deducted in accordance with the third proviso to Section 4 (1), Income-tax Act. 3. On appeal the Appellate Assistant Commissioner decided in favour of the assessee, but on further appeal the Appellate Tribunal held that the proviso was not applicable and the assessee was not entitled to the deduction of Rs. 45...
L. Chadammi Lal Vs. B. Govind Prasad and ors.
Court: Allahabad
Decided on: Oct-19-1949
Reported in: AIR1950All245
Agarwala, J.1. These two appeals arise out of an application under Section 12, Encumbered Estates Act.2. On 22nd November 1935, two separate application were made under Section 4, E. E. Act, one by Ram Sarup, Girwardhari and their minor sons, and the other by Govind Prasad and his sons. The application of Bam Sarup and others was numbered as 89 of 1936 and the other application of Govind Prasad and others was number, ed as 160 of 1936. First Appeal No. 258 of 1942 arises out of case No. 160 of 1936, while the other First Appeal No. 271 of 1942 arises out of case No. 89 of 1936. Proceedings under Section 14, E. E. Act, were being taken in Court. When all the evidence was finished, on 29th November 1941, an application was put in by one of the creditors, namely, Mt. Pushpawati Devi, under Section 12 of the Act, alleging that four mortgages made by the applicants in the two cases in favour of certain creditors were invalid as they had not been made in good faith after chap. I of the said ...
Sita Ram Vs. Rex
Court: Allahabad
Decided on: Oct-18-1949
Reported in: AIR1950All232
ORDERAgarwala, J.1. This is an application in revision by Sita Ram who was found guilty of an offence under Rule 81, Defence of India Rules read with Section 11, U. P. Gur Control Movement Order 1945, and whose appeal was dismissed by the learned Sessions Judge. He was sentenced to rigorous imprisonment for four mouths and a fine of Rs. 100 with two months' R. I. in default by the Magistrate but the learned Sessions Judge has mposed a sentence of fine of Rs. 1000 in lieu of the sentence imposed by the Magistrate.2. On 28th August 1946 one Nand Kishore, father of Sita Ram applicant, obtained a permit for carrying 92 maunds of Gur Shakkar from Ghaziabad to Farrukh Nagar, a village situated to the west of river Hindan within the district of Meerut. Ghaziabad is to the east of the river. After crossing the Hindan bridge, at a short distance, a kutcha road leads to the north of the bridge to village Farrukh Nagar. A pucca road runs between Hindan bridge and Shahadra in the province of Delhi...
Shankar Vs. Rex, Through WahajuddIn and anr.
Court: Allahabad
Decided on: Oct-18-1949
Reported in: AIR1950All274
ORDERAgarwala, J.1. This is an application in revision by Shankar against an order made under Section 145, Criminal P. C. by a Magistrate of the first class of the district of Allahabad declaring that the opposite party is entitled to possession of the plots in dispute until evicted therefrom in due course of law.2. It appears that the plots in dispute were within the zamindari of two persons, Mt. Jannatunnissa Bibi and L. Manmohan Das, and were in the occupancy of a tenant Durga. On Durga's dying heirless, the plots were taken possession of by certain persons who were, however, ejected on a suit being filed by the two zamindars.3. Jannatunnissa Bibi gifted her share of the property to her daughter Khairunnissa, wife of one Wahajuddin. On 29th December 1947, Wahajuddin lodged a report at the police station, Phulpur, alleging that Shankar along with some others was interfering with the possession of Mt. Khairunnissa over the plots in dispute and that there was a great danger of the brea...
Shambhu Datta Vs. Mst. Ram Raji
Court: Allahabad
Decided on: Oct-17-1949
Reported in: AIR1953All256
1. This is a plaintiff's appeal. The suit was for possession of certain tenancy plots by the ejectment of the defendant. One Ram Charan was a tenant of holding situated in village Khamaria Chak Rakhauna in the district of Bahraich belonging to the Kapurthala estate. He died about the year 1895 and was succeeded by his widow, Mt. Radha. Under the Oudh Rent Act (22 of 1886) a widow was entitled to remain in possession of her husband's tenancy for the unex-pired portion of seven years for which the tenancy was created. Mt. Eadha, however, continued to remain in possession of the property right up to 1912. In the year 1912, there was a fresh contract of tenancy and Mt. Eadha and Bhagwati Prasad, her brother's son, became tenants under a contract with the landlord. From time to time this contract has been renewed and the amount of rent fixed has been enhanced. Bhagwati Prasad died in 1927 and Mt. Eadha in 1940. The defendant, Mt. Ram Raji, as widow of Bhagwati Parasad, continued to remain i...
Abdul Shakoor and anr. Vs. Rex
Court: Allahabad
Decided on: Oct-14-1949
Reported in: AIR1950All223
ORDERV. Bhargava, J.1. This is a reference by the learned Sessions Judge, Muzaffarnagar, recommending that the conviction and sentence of Abdul Shakoor and Bashir foe various offences under the Motor Vehicles Act may be set aside and either the case be remanded for fresh trial or they be acquitted of the charges preferred against them.2. The case of Abdul Shakoor and Bashir was tried by the Magistrate summarily. The learned Sessions Judge has pointed out in his order of reference that in this summary trial the Magistrate did not comply with the require, meats of Section 263, Criminal P. C., and that the judgment does not amount to a judgment at all so that the conviction of these two persons cannot be upheld. I entirely agree with the reasons given by the learned Sessions Judge. The record of the summary proceedings prepared by the Magistrate shows that he only mentioned the sections under which the persons had been prosecuted. He did not anywhere mention the particulars of those offen...
Ram Adhar Misra Vs. Parshottam Misra and ors.
Court: Allahabad
Decided on: Oct-14-1949
Reported in: AIR1950All226
Malik, C.J.1. This purports to be an appeal Under Section 10 of our Letters Patent and it has-been put up today for admission. A suit was filed in the Court of Munsif, being original Suit No. 77 of 1944. There was an appeal filed against the decision of the learned Munsif in the Court of the Judge, Small Causes, at Gorakhpur. The appeal was decided on 7th January 1946. An application was filed to set aside the ex parte appellate decree and this application* wag also dismissed on 27th April 1946. Against the order refusing to set aside the ex parte appellate decree an appeal from order wag. filed in this Court under Order 43, Rule 1, Civil Procedure Code. This appeal was dismissed by a learned single Judge on 10th March 1949. The learned Judge did not grant leave to appeal-Under Section 10 of our Letters Patent. An appeal could be filed under the Letters Patent, only when the learned single Judge, hearing the appeal, had granted leave, if the case before him was against a judgment passe...
Sm. Rukmani Bai Vs. Joshi Ram Kishan Joshi Bhawani Shanker
Court: Allahabad
Decided on: Oct-14-1949
Reported in: AIR1950All242
Malik, C.J.1. This is an application tinder Sections 109 and 110, Civil P. C., for leave to appeal to the Federal Court.'2. One Joshi Bhawani Shankar died in the year 1931 leaving a son Joshi Ram Kishna and a widow Shrimati Rukmani Bai. Joshi Ram Kishan became the owner of the property and we are informed that he has got a son, who has now attained majority, a daughter and a wife. Joshi Ram Kishan has been in possession of the property ever since his father's death in the year 1931. On 18th December 1942, Shrimati Rukmani Bai filed an application under Section 63, Lunacy Act, for an inquisition to be made that the appellant was of unsound mind and was incapable of managing his affairs, and praying for the appointment of a guardian of the latter's person and property. This application was heard by the then District Judge, Mr. Atma Charan, who granted the application and on 27th August 1943, authorised the Court of Wards to manage the property of Joshi Ram Kishan. Against that order Josh...
B. Lalji Tandon Vs. Mrs. F.G. Rufus
Court: Allahabad
Decided on: Oct-14-1949
Reported in: AIR1950All289
ORDERSeth, J.1. This is a plaintiff's application in revision under Section 28, Provincial Small Cause Courts Act, against the decree of the learned Judge of the Court of Small Causes at Allahabad, by which his suit was decreed in part and dismissed in part.2. The suit was brought to recover arrears of rent and the dispute before me is confined to a claim for as 50 only. This sum of Rs. 50 represents the difference between the rent that had become due to the plaintiff according to the agreement between the parties, and the rent which the plain, tiff claimed at an enhanced rate. The plaintiff served two notices upon the defendant, enhancing the rent, the former of the two was sent on 14th September 1946, and the latter on 12th October 1946. The agreed rent was a sum of Rs. 22-8-0 per month. According to the notice dated 12th October 1946, the plaintiff informed the defendant that he had enhanced the rent by Rs. 5-10-0 per month, namely, that he had enhanced the same to Rs. 28-2-0 per mo...
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