Allahabad Court October 1949 Judgments
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Ram Gopal Vs. Dr. Baikunth Nath Sharma
Court: Allahabad
Decided on: Oct-07-1949
Reported in: AIR1950All290
Malik, C.J. 1. This is a plaintiff's appeal in a suit for pre-emption. On 29th March 1948, Dr. Baikunth Nath Sharma purchased plots Nos. 172, 182 and the northern portion of plot No. 180 under a sale-deed dated 29th March 1943. The sale-deed was presented for registration on the same day and the vendor admitted the execution and the receipt of consideration before the sub-registrar. The sub-registrar, however, for some reason, delayed making the entries in the requisite registers and it was not till 10th May 1943, that he noted on the back of the sale-deed that it had been registered and entered in a particular volume and page of the register. The suit for pre-emption was filed on 26th April 1944.2. Under Article 10, Limitation Act, a suit for pre-emption has to be filed within one year from the date'when the purchaser takes under the sale sought to be impeached physical possession of the whole of the property sold or where the subject of the sale does not admit of physical possession ...
Ram Gopal and ors. Vs. Ajodhia Prasad and anr.
Court: Allahabad
Decided on: Oct-07-1949
Reported in: AIR1953All281
Chandiramani, J.1. This is the plaintiffs' appeal against the appellate decree of Mr. Tribeni Prasad, Civil Judge, Bahraich dated 22-7-1944.2. The plaintiffs stated that more than 20 years before the date of the suit, their father Mata Din and his five sons including 4 plaintiffs and defendant 2 Misri Lal, had a private partition of their property whereby their father gave up all his interest in family property which accordingly was equally divided between 5 sons. In 1920, defendant l fraudulently obtained a mortgage-deed from their father and their brother Misri Lal, defendant 2, in respect of the property in list B (NOS. 243, 275c) and that this mortgaged property has no connection whatsoever with the property in list A (NOS. 235, 257, 287 and 288).On the basis of this mortgage-deed, defendant 1 filed a suit for sale in May 1937. In this suit, the plaintiffs as their father was dead, were impleaded as his legal representatives. The plaintiffs filed written statement claiming paramoun...
The Municipal Board Vs. B. Mangli Lal
Court: Allahabad
Decided on: Oct-07-1949
Reported in: AIR1952All554
Malik, C.J.1. This is an appeal by the Municipal Board of Agra against a decision of a learned Single Judge of this Court allowing an appeal in a suit for damages for malicious prosecution.2. The plaintiff Mangli Lal is a Sub-Post-Master and was on the material date posted at Agra. He had acquired a plot of land from the Nazul Department and was building a house thereon. On 6-1-1940, the Sanitary Inspector was directed to inspect the lavatory built in the house, take measurements of certain constructions and make hia report. On 23-1-1940, the Sanitary Inspector, Iqbal Ahmad, along with his Jamadar and a peon went to the house of the plaintiff. There was no order of the Board under Section 287, Municipalities Act, entitling the Sanitary Inspector to enter the house and he should have, therefore, waited for the permission of the plaintiff. He, however, went straight into the zenana portion of the house to which the plaintiff took great objection. The Sanitary Inspeotor, on hisreturn, mad...
Sm. Indra Devi Vs. B. Pirag Nath
Court: Allahabad
Decided on: Oct-06-1949
Reported in: AIR1950All210
Wali Ullah, J.1. This is an appeal by the decree-holder against an order passed by the Court below by which certain objections raised by the judgment-debtor were allowed and it was held that the decree in favour of the appellant was not capable of execution.2. It appears that a decree for maintenance was passed in favour of Mt. Indra Devi, the decree-holder-appellant, against Babu Pirag Nath, the judgment-debtor. It was a decree for maintenance at the rate of RS. 70/- per mensem and a charge was created on the property of Babu Pirag Nath for future maintenance. Mt. Indra Devi has applied for execution of her decree for the total amount of maintenance that has fallen due, The judgment-debtor put forward the objection that the decree in favour of Mt. Indra Devi was only a declaratory decree and as such it was not capable of execution. This objection has found favour with the learned Civil Judge, who has, in his order, relied upon two cases decided by this Court : (1) the case of Alla Bak...
Uma Shanker Tewary and anr. Vs. Rex
Court: Allahabad
Decided on: Oct-06-1949
Reported in: AIR1950All234
ORDERAgarwala, J.1. This is a reference made by the Additional Sessions Judge of Gorakhpur recommending that the conviction of Uma Shanker Tewary, driver of a motor vehicle, and R.K. Bajpai, the Manager of the Shankar Sugar Mills Ltd., Captainganj, Deoria, be altered from one under Section 123, Motor Vehicles Act, Act IV [4] of 1939, to one under Section 112 of the said Act, and the fines imposed upon the applicants by a first class Magistrate of Gorakhpur be reduced.2. The facts which have given rise to this reference may shortly be stated as follows: A motor truck used for carrying goods belonging to the Shankar Sugar Mills Ltd., was being driven by Uma Shanker Tewary, the driver. On 18th August 1946, an Enforcement Squad Inspector checked the truck in question and found that (1) its fitness certificate had expired on 3rd April 1946, and there was no such certificate in existence on 18th August 1946 when it was being plied; (2) that the currency of the driver's licence had expired on...
Kalyan Mal Budhulal, Cawnpore, in Re.
Court: Allahabad
Decided on: Oct-06-1949
Reported in: [1950]18ITR54(All)
This is a reference under section 66(1) of the Indian Income-tax Act by the Income-tax Appellate Tribunal. The following question has been referred to us under section 66(1 : -'Whether on the findings of fact recorded in the Tribunals order, the sum of Rs. 12,417 is income, profits and gains arising out of carrying on trade or adventure in the nature of trade within the meaning of section 2(4) of the Indian Income-tax ?'The assessee firm deals on wholesale basis in cloth and prints manufactured by Atherton West Mills Co. Ltd. and J. K. Cotton Spinning and Weaving Mills Co. Ltd. On the 17th 1942, the assessee firm purchased 200 bales of cotton from Harkishan Bishan Dayal and in February, 1943, the bales were sold in one lot and a profit of Rs. 12,417 was made. The question was whether the purchase and sale of the 200 bales of cotton yarn was an adventure in the nature of trade. The Tribunal came to a conclusion against the assessee and, on an application by the assessee, the question me...
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