Allahabad Court May 1950 Judgments
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Sukhdeo Singh Vs. State
Court: Allahabad
Decided on: May-15-1950
Reported in: AIR1951All410
ORDERSeth, J.1. This is a reference by the learned Sessions Judge of Banaras, recommending that the conviction of the applicant under Section 112, Railways Act, (hereinafter referred to as the Act) be altered to a conviction under Section 113 of the Act.2. Proceedings, for the prosecution of the applicant, were initiated by the presentation of a written complaint in the Court of the Special Railway Magistrate of Banaras. A printed form was used for the complaint. The complainant mentioned Sections 112 and 113 of the Act in the space meant for the insertion of 'section or sections of Act under which complaint is lodged', and in the space meant for the insertion of 'description of offence', he described the offence alleged to have been committed by the applicant in the following words; 'Travelled without ticket, refused to pay the railway dues.' This is the whole of the allegation made by the complainant against the applicant on which he desired the applicant to be convicted under Sectio...
L.N. Gadodia and Co. Vs. the Commr. of Income-tax, United and Central ...
Court: Allahabad
Decided on: May-11-1950
Reported in: AIR1953All271
V. Bhargava, J. 1. This is a reference under Section 66 (l), Income-tax Act, read with Section 21, Excess Profits Tax Act. The question referred to us for opinion runs as follows:'Whether in the circumstances of this case the applicant firm is liable to be assessed to Excess Profits Tax for the chargeable accounting period 30-10-1940 to 19-10-1941 on the income, profits and gains derived by it from: (a) the selling agency of the Cawnpore Cotton Mills Co. (branch of the British India Corporation, Ltd.) and (b) the running or the management of the retail cloth shop of the Cawnpore Cotton Mills Co.?' 2. Messrs. L.N. Gadodia & Company, which is a registered partnership firm, secured the selling agency business of the Cawnpore Cotton Mills Company, which is a branch of the British India Corporation, Limited, by means of a written agreement drawn up on 1-3-1938. The case of the firm is that the income derived by it from this selling agency business is not the income, profits or gains from a...
Sohan Pathak and Sons Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: May-11-1950
Reported in: AIR1950All648; [1953]24ITR395(All)
Malik, C.J.1. This is a reference under Section 66 (1), Income-tax Act read with Section 25, Excess Profits Tax Act. The assessee was a joint Hindu family owning considerable property in Banaras and carrying on business under the name and style of Messrs. Sohan Pathak & Sons. The Sohan Pathak's family tree is as follows : SOHAN PATHAK _____________________________|___________________________ | | | | Gridhar Ganesh Maheah Ram Shyam Suder | | | | ______|_______ __|_________________ | | | | | | | | |Man Mohan Chandra Mohan Badri Nath Gopi Nath Radhey | | | Mohan | | Jitendra Mohan | | _________________________________________________| | | | | | Hira Lal Panna Lal Kishori Lal | | | |Kamal Narain. Hirday Narain | ___________________________________________________________| | | | | Shri Nath Ram Mohan Shyam Mohan Krishna MohanThe joint family was carrying on extensive business in Banaras brocade goods and in the year 1943-44 it had made a profit of Rs. 26,802. In 1944-45 upto 16th July 1943,...
Mt. Shamshunnissa and anr. Vs. Latafat HusaIn and anr.
Court: Allahabad
Decided on: May-11-1950
Reported in: AIR1950All688
Sapru, J.1. This appeal has been preferred to this Court by the decree-holders in a suit for partition of a house.2. Two brothers, Abdul Hamid Khan and Abdul Majid Khan, who were owners of a seven anna share in a certain house brought a suit for partition of their share against one Mohammad Atiq to whom the remaining nine anna share belonged. The lower storey of this house is in the occupation of one Latafat Husain. In the upper room of this house, a woman of the name of Fayazan resides. In the suit which was brought by the brothers, Latafat Husain and Fayazan were made parties. Mohammad Atiq contested it, however, on the ground that the house was not capable of partition by metes and bounds. Its width is 11 ft. and length 13 ft. and, therefore, to partition it conveniently is an impossibility. It was urged by Mohammad Atiq that the Court should take proceedings under Sections 2 and 3, Partition Act. The Munsif, however, decreed the claim for partition on 8th October 1912, and directed...
Mt. Jileba Vs. Mt. Parmesra
Court: Allahabad
Decided on: May-11-1950
Reported in: AIR1950All700
Desai, J.1.This is a defendant's appeal from a decree passed by a Civil Judge in a suit for possession over zamindari property. The property was admittedly owned by one Faqir Chand, a Jaiswal Kalwar of village Gaura, whose relationship with parties would be clear from the following genealogical table : JALEBA defendant(2nd wife) = _ Ram Das | (D. 1929) | = | Thakuri __ _ 1.Ram Lakha | (first wife) | (D.1936)Faquir chand -| (dead) | = |_ Bhirgun | Parmashra (D.1927) | Plaintiff | |_ 2.Murta Gungara |_ 3.Surta2. On the death of Faqir Chand, the property in dispute devolved upon his sons and on the death of one of them Ram Das and Ram Lakhan became the owners. When Ram Das died, Ram Lakhan became the sole survivor of the joint family. It is not contended that Jaleba inherited any right from Ram Das and was entitled to anything more the n maintenance. Ram Lakhan married Parmeshra, daughter of Umrao of village Seori which is about twenty miles from village Gaura, in 1936. Within twenty days...
State Vs. Saidu Khan and anr.
Court: Allahabad
Decided on: May-11-1950
Reported in: AIR1951All21
Wali Ullah, J.1. Two questions have been referred for decision by the Full Bench :1. ''Whether it is possible to convict an accused person of an offence under Section 304, Part II, read with Section 34, Penal Code ?2. Whether to establish a charge under Section 325 read with Section 34, Penal Code, where several persons strike another with lathis, it is necessary to establish specifically that one or more of them actually caused grievous hurt ?'2. At the time of the hearing before us the second question has been redrafted with a view to bring out more clearly its real implication. Redrafted, the second question stands thus :'2 (a). If a person is attacked by several persons numbering less than 5 and grievous hurt is caused, and it is not known who caused the grievous hurt, can all of them be convicted of causing grievous hurt, with the aid of Section 34, Penal Code ?2 (b). If a person is attacked by several persons numbering less than 5 and grievous hurt is caused, and it is known whic...
Keshar Sugar Works Vs. R.C. Sharma and ors.
Court: Allahabad
Decided on: May-11-1950
Reported in: AIR1951All122
ORDERWali Ullah and Sankar Saran, JJ.1. These are two connected applications for leave to appeal to the Federal Court under Order 45, Rule 2, Civil P. C. One is by the plaintiffs and the-other by the defendants. Both these applications arise out of Suit No. 66 of 1936 filed in the Court of the Civil Judge of Aligarh for recovery of a certain sum of money. The suit was contested by the defendants who claimed a set off and damages etc., to the extent of about Rs. 28,000/-. Eventually the learned Civil Judge dismissed the claim of the plaintiffs but decreed the claim of defendant 1, R. C. Sharma, viz., the applicant before us in F. C. A. No. 9 of 1947, for Rs. 24,817-8-9 together with pendente lite and future interest at Rs. 6/- per cent. per annum with costs. Against the decree passed by the learned Civil Judge the plaintiffs filed F. A. No. 396 of 1941 in this Court which was valued at Rs. 31,472-12-0 (later it appears that this sum was raised to Rs. 35,000/-) and defendant l filed cros...
Mahesh Prasad Vs. Mt. Mundar
Court: Allahabad
Decided on: May-11-1950
Reported in: AIR1951All141
ORDERMalik, C.J. and Agarwala, J.1. The facts of this case are very simple, but, in view of the difference of opinion between the Oudh Chief Court and the Allahabad High Court before their amalgamation; it appears to us desirable that it be referred to a larger Bench of five Judges for decision.2. Mt. Munder had filed a Suit No. 166 of 1913 in the Court of the Subordinate Judge of Allahabad for the following reliefs :(a) Rupees 60 per month or any amount which may be adjudged by the Court may be fixed as maintenance allowance. The said maintenance allowance of the plaintiff may be a charge on the whole or a sufficient portion of the family ancestral property as specified below in the list A, and the defendants may be ordered to pay the same every month to the plaintiff out of the income of the said property.(b) One house out of the ancestral houses may be awarded to the plaintiff for her abode.(c) Costs of the suit may be awarded against the defendants.(d) Other proper directions which...
Moti Lal and ors. Vs. the Government of the State of Uttar Pradesh and ...
Court: Allahabad
Decided on: May-11-1950
Reported in: AIR1951All257
Malik, C.J.1. These applications have been filed on behalf of certain persons who own motor buses and carry passengers for hire on various routes in Uttar Pradesh. The applicants want appropriate relief under Article 226 of the Constitution. The applications can be grouped according to the routes over which the transport buses of the various bus-owners or transport companies were running.2. Civil Misc. Cases Nos. 4 to 7, 71 to 98 and 133 to 140 of 1950 relate to the route Khurja-Bulandshahr-Delhi. The applicants in these cases are represented by Mr. Gopal Swarup Pathak. Civil Misc. Cases Nos. 8 to 70 of 1950 relate to Meerut-Delhi route and the applicants in these cases are also represented by Mr. Pathak.3. Civil Misc. Cases Nos. 99, 100, 104 to 116 of 1950 relate to Garhmukteshwar-Hapur-Delhi route and the applicants in these cases are represented by Shri Alladi Krishnaswami and Mr. S.B. L. Gour.4. Civil Misc. Cases Nos. 118, 119 and 120 of 1950 relate to buses running on the Mathura ...
Radha Kishan Vs. Ram Nagar Co-operative Society Through Anand Behari L ...
Court: Allahabad
Decided on: May-11-1950
Reported in: AIR1951All341
Malik, C.J.1. This appeal was referred to a Full Beech by a Division Bench of this Court on 11th April 1945. When the case came up before a Full Bench of this Court on 17th April 1946, two issues were remitted to the lower Court for findings. They were as follows :'(1) What were the terms of the requisition sent by the Registrar Co-operative Societies to the Collector under Section 42(4A), Co-operative Societies Act, and on what date was it received by the Collector and(2) What were the steps taken or processes enforced by the Collector upon the receipt of the said requisition up to the date of the institution of the suit?'The learned District Judge of Agra has recorded the findings on the two issues and has sent up the papers to this Court.2. The facts of the case are that money was due to Ramnagar Co-operative Society from Phool Chand, defendant 2. The Society went into liquidation and the Registrar of the Cooperative Societies gent a requisition to the Collector on 30th March 1937, ...
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