Allahabad Court November 1950 Judgments
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Chhedi Lal and anr. Vs. Chhotey Lal
Court: Allahabad
Decided on: Nov-16-1950
Reported in: AIR1951All199
Ghulam Hasan, J.1. These appeals have been referred to the Full Bench for decision by one of us, as they raise questions upon which there is conflict of view between the decisions of the Allahabad High Court as it existed before the amalgamation and the decisions of the late Chief Court of Avadh. Before addressing our-selves to these questions, it will be convenient) to give facts of each case separately.2. One Tika Ram was the owner of Khata No. 54 corresponding to 17 (new), which included plot No. 1607 in the agricultural area of Hardoi. Tika Ram survived by his four sons, Jutta who died issueless, Nimman Lal, Jai Lal and Chunni Lal. Chunni Lal died leaving a son Gur Sahai, who left a widow Suraj Kuar, defendant 1 in the case Nimman Lal and Jai Lal transferred their entire share in the property of their father to Chhedi Lal and Sheo Narain, On 5-6-1929, Chunni Lal sold a specific share to Chhedi Lal and Sheo Narain. This share included plot No. 1607. Suraj Kuar and one Chhotey Lal st...
Murari Lal Vs. Chhidda and ors.
Court: Allahabad
Decided on: Nov-16-1950
Reported in: AIR1951All499
Malik, C.J.1. This unfortunate case has had a very chequered history in this Court and, though it was filed as far back as 1940, even a preliminary question about the proper court-fee payable on the memorandum of appeal remains undecided.2. The plaintiffs filed a suit for declaration that a sale-deed dated 6-7-1921, executed by Mt. Aliman and Niazan, mothers and certificated guardians of the plaintiffs, was null and void as against the plaintiffs and claimed possession and mesne profits. The main ground was that the certificated guardians of the minors had not obtained the sanction of the Court before transferring the property. The suit was filed in forma pauperis and it was decreed on condition of the plaintiffs' paying to the defendant Rs. 344-12-0 out of which a sum of Rs. 128-12-0 was to be credited to Government on account of the court-fees payable on the plaint. The defendant filed an appeal in the lower appellate Court and he paid a court-fee of Rs. 15 in respect of the relief f...
Mata Badal Pandey Vs. Bal Karan Pandey and ors.
Court: Allahabad
Decided on: Nov-15-1950
Reported in: AIR1953All508
V. Bhargava, J.1. This appeal arises out of a suit brought by the plaintiff-respondents for a declaration that they are the sir-holders of the plots in suit and for possession over those plots by ejectment of the defendant-appellant.2. It is the admitted case of both the parties that the plots in suit originally belonged to one Bam Jas who was the sole and separate proprietor of all of them. Ram Jas had three brothers Sheo Ratan, Sri Nivas and Mata Badal, who were separate from him. The present appellant is Mata Badal and the present respondents are the sons or Sheo Batan and Sri Nivas. In 1921 Ram Jas executed a registered deed of agreement by which he gave possession over the plots in suit to his widowed daughter-in-law Sm. Bachcha in lieu of her maintenance. She entered into possession over these plots in pursuance of that agreement. Thereafter Bam Jas died. Before the death of Sm. Bachcha, Mata Badal transferred all his property including his proprietary rights in the plots in suit...
Kr. Kirpal Singh Vs. Mt. Chandrawati Devi
Court: Allahabad
Decided on: Nov-15-1950
Reported in: AIR1951All507
Sapru, J.1. These are two appeals which arise out of a suit which was brought by the plaintiff, Sm. Chandrawati Devi, for a maintenance allowance, for certain arrears of allowance since 1937 and for her residence in a portion of the house occupied by the defendant. In F. A. No. 119 of 1946 the plaintiff is the appellant. Her grievance with the judgment of the learned Additional Civil Judge is that instead of allowing her maintenance at the rate of Rs. 225 a month, a sum of Rs. 150 per month has been fixed by the learned Judge as future maintenance; that for eleven months prior to the institution of the suit that she has been held to be living separate from the defendant, the arrears of maintenance allowed is only at Rs. 40 per month and not at the rate allowed to her for her future maintenance and that the learned Judge's view of the period for which arrears of maintenance should be allowed is incorrect as she claims to have established by evidence on the record that she has been livin...
State Vs. Sagar Mal and ors.
Court: Allahabad
Decided on: Nov-15-1950
Reported in: AIR1951All515
Wanchoo, J.1. This is an appeal by the State Government against an order of acquittal by a Magistrate of the first class of Azamgarh in a case under Section 7, Essential Supplies (Temporary Powers) Act XXIV [24] of 1946 for breach of Clause 3, Government of India, Cotton Textiles (Control of Movement) Order, 1946. Originally six persons in all were prosecuted. The present appeal is only against the acquittal of three of them, namely, Sagar Mal, Mul Chand and Girdhar Gopal, opposite parties. It may be mentioned that Mul Chand is the brother and Girdhar Gopal the son of Sagar Mal.2. The prosecution story was briefly this. There is a firm 'Jiwan Ram Sagar Mal' at Mau in the district of Azamgarh. The opposite parties are the proprietors of that firm. The firm deals in cotton cloth on commission agency basis. It obtained a permit from the Provincial Textile Controller, United Provinces on 1-5-1947 for exporting two bales of handloom cloth, each bale containing 1500 yards from Mau to Delhi. ...
Jokhai and anr. Vs. the State
Court: Allahabad
Decided on: Nov-15-1950
Reported in: AIR1951All585
ORDERP.L. Bhargava, J.1. This is an application in revision by Jokhai and Bhagwati, who were convicted by a Magistrate of Bhadohi (Banaras) for an offence punishable under Section 500, Penal Code, and each of whom was sentenced to pay a fine of Rs. 40, or in default of payment of fine to undergo rigorous imprisonment for one month. The applicants went up in revision to the Sessions Judge of Bhadohi ; but the revision was rejected. Now, they have come up to this Court in revision.2. The facts which have given rise to this revision are these : The applicants, Jokhai and Bhagwati, and the complainant, Ram Sumer Chamar, live in the same village ; Jokhai is the Chaukidar, while Bhagwati is the Mukhia of the village. Ram Sumer filed a complaint against the applicants alleging that owing to enmity the applicants had circulated a false rumour in the village that the complainant's daughter-in-law, whose husband was away from the village, was pregnant and there was miscarriage; and that on heari...
Joti Prasad Vs. State
Court: Allahabad
Decided on: Nov-14-1950
Reported in: AIR1951All549
ORDERP.L. Bhargava, J.1. This is an application in revision by Joti Prasad and Girdhari Lal, who had, according to their own showing,'stood sureties for the appearance of Khushal Singh during the trial of S. T. No. 27 of 1949, Rex v. Har Pal and Ors. under Section 395, Penal Code. P. S. Etah.'The trial in the Sessions Court commenced on 7-7-1949, and it proceeded from day to day. After the case for the prosecution and the defence had been closed, the case was set down for delivery of judgment on 25-7-1949. It appears that the judgment was not ready on that date, and the case was adjourned to 6-8-1949, for delivery of judgment. Khushal Singh accused was absent on 6-8-1949. When the case was taken up on that date, the learned Sessions Judge recorded the following proceedings :'The accused Khushal Singh and his sureties are absent without any excuse. His counsel is present. I forfeit the bond and the surety bonds of Khushal Singh. Let notice go to the sureties to deposit the security mone...
Sm. Indermani Jatia Vs. Comr. of Income-tax
Court: Allahabad
Decided on: Nov-14-1950
Reported in: AIR1951All652; [1951]19ITR342(All)
Malik, C.J.1. This is a reference Under Section 66 (1), Income-tax Act by the Income-tax Appellate Tribunal, Allahabad Bench. The assessee, Rai Bahadur Seth Ganga Sagar Jatia, was assessed to Income-tax as an individual. The sources of income were from house property, dividends & business. The business was carried on in Khurja under the name & style of Ram Dayal Mahali Ram & at Khurja, Aligarh & Chistian, in Bhawalpur State, under the name and style of Lachhman Das Ganga Sagar. In the Khurja books of the assessee, which were the central set of account & in which incomes from all sources were incorporated, interest account showed credits of Rs. 17,132 for the assessment year 1943-44 & Rs. 47,029 for the assessment year 1944-45. The assessee was 'resident & ordinarily resident' in British India.2. The case of the assessee was that the amount of interest mentioned in the books had not been remitted in cash from the Bhawalpur State to British India & the entries were merely book adjustment...
Ram Lal Bachai Ram Vs. Commissioner of Income-tax, United and Central ...
Court: Allahabad
Decided on: Nov-14-1950
Reported in: [1951]19ITR246(All)
BHARGAVA, J. - The assessee in this case is a Hindu undivided family carrying on business under the name and style of Ram Lal Bachai Ram. The head office of the assessee with a cloth shop was situated at Samohi in the district of Jaunpore in British India and it also ran a branch cloth shop at Bhadohi in the erstwhile Banaras State during the year of account corresponding to the assessment year 1940-41. Cloth worth Rs. 77,469 was sent in the year of account from Bhadohi to Samohi and cash and cloth to the extent of Rs. 65,931 was sent from Samohi to Bhadohi. There was an excess remittance of Rs. 11,538 from Bhadohi to Samohi, it was an admitted fact that profits were available at Bhadohi for remittance to the place of residence of assessees family at Samohi in British India. In these circumstances, the Income-tax Appellate Tribunal, Allahabad Bench, held that this balance of Rs. 11,538 represented profits earned by the firm at Bhadohi outside British India and that, by these transactio...
Nurul Hasan Khan Vs. Krishna Lal and ors.
Court: Allahabad
Decided on: Nov-08-1950
Reported in: AIR1951All581
Kidwai, J.1. On 9-8-1937 a document purporting to be a permanent lease was executed, by Suraj Bali and Chandra Bali, defendants 2 and 3 in favour of Nurul Hasan Khan, defendant 1. On 3-3-1947, Sri Krishna Lal and Bhabhuti instituted the suit out of which this appeal arises for possession of the property covered by the perpetual lease.2. They gave a pedigree with their plaint and alleged that they themselves, defendants 2 and 3 Ram Milan, and Ram Dularey were members of a joint Hindu family to which the property belonged; that defendants 2 and 3 were the kartas of the family and had executed the lease and that the lease was in excess of the power of a karta and not binding upon the plaintiffs.3. Defendant l filed a written statement in which he pleaded that Section 180 barred the suit: that the document of lease was valid and that the defendant was not a trespasser. They raised other pleas also but it is not necessary to go through them at this stage.4. The learned Munsif framed several...
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