Allahabad Court May 1950 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
L. Subhkaran Seksaria Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: May-02-1950
Reported in: AIR1950All587; [1950]18ITR773(All)
Malik, C.J.1. This is a reference under Section 66 (1), Income-tax Act. The question referred is:'Whether in the circumstances of the case the Income tax Officer, E. P. T. Circle, Cawnpore, was entitled to re-open the assessment under Section 34 of the Act?'2. The facts are very simple and are not disputed. The assessee Subhkaran Seksaria entered into an agreement with Kedarnath, who carried on extensive business under the name and style of Kedarnath Subhkaran, on 27th April 1940. Under this agreement the assessee undertook to secure contracts from the Government for Kedarnath Subhkaran and he was to be paid a remuneration of 5 per cent. on the value of the goods, which were supplied to the Government, besides the travelling expenses. The assessee received a sum of Rs. 36,586-2-6 during the previous year and in the assessment year 1941-42 he showed the said amount as his total income from business. The Income-tax Officer, however, on 29th July 1942, passed the following order:'The tota...
Ahmad DIn Vs. Bijha Singh
Court: Allahabad
Decided on: May-02-1950
Reported in: AIR1950All652
ORDERChandiramani, J.1. This is an application under Section 561-A, Criminal P. C.2. It appears that the applicant Ahmad Din obtained through the civil Court in execution of his decree a certain stall in Hazratganj. Thereafter one Rijha Singh, a refugee, gave an application to the District Magistrate, Lucknow, that this stall was his own and was not really the subject-matter of litigation, that severe damage had been caused to him and that there was an apprehension of a breach of the peace. It was prayed that proper inquiry be ordered into the matter and necessary action be taken against Ahmad Din and his associates and in the mean time the possession of the site together with the stall be restored to the applicant so that he may be able to resume his business and earn his livelihood. The City Magistrate' of Lucknow, according to his own explanation, received this application in person from the District Magistrate. Thereupon he ordered the police of Hazratganj to look into the matter a...
Mt. Ganga Devi Vs. Bijai Singh
Court: Allahabad
Decided on: May-01-1950
Reported in: AIR1952All244
Agarwala, J. 1. This is a plaintiff's appeal arising out of a suit for a declaration that certain monies belonging to Dalel Singh, the husband of the plaintiff-appellant, who died leaving the plaintiff-appellant and the defendant-respondent, a son by a previous wife, belonged to the plaintiff-appellant. The plaintiff was married to Dalel Singh deoeased under the Special Marriage Act in the year 1938. When Dalel Singh married the plaintiff he had a son Bijai Singh, defendant-respondent by a previous Hindu wife whom he had married under the Hindu form of marriage. On Dalel Singh's death, the plaintiff appellant claimed that she was the sole heir of the property left by Dalel Singh under the provisions of the Succession Act. This claim was made on the ground that the Succession Act does not recognise a Hindu marriage and a son by the previous Hindu wife was not entitled to inherit under the provisions of that Act.2. The Special Marriage Act under which the plaintiff was married provides :...
Jagdamba Misir Vs. Ram Jit Singh and ors.
Court: Allahabad
Decided on: May-01-1950
Reported in: AIR1953All253
Agarwala, J. 1. This is a decree-holder's appeal arising out of an objection under Section 47, Civil P. C. 2. The appellant obtained a decree for money from the Judge, Small Cause Court, Banaras, in 1937. The judgment-debtor respondent was an agriculturist. While passing the decree, the learned Judge, under the provisions of Section 3, Agriculturists' Relief Act, declared that one-half share belonging to the judgment-debtor, in the family properties which were specified, was charged with the payment of the decretal amount and granted instalments. The judgment-debtor died and his brother, who is the present respondent, succeeded to the property by right of survivorship, he being a member of a joint Hindu family with the deceased. 3. No instalments having been paid, the decree-holder, in the year 1941, after having got the decree transferred to the Court of the Munsif for the purposes of execution, applied for execution of the decree by attachment and sale of certain property including t...
Sahadeo Singh Vs. Kuber Nath Lal and ors.
Court: Allahabad
Decided on: May-01-1950
Reported in: AIR1950All632
Desai, J.1. This is an appeal by a plaintiff whose suit for pre-emption of an alleged sale has been dismissed by the Courts below. In 1907, Fazal Ali Khan and Jahandar Khan usnfructuarily mortgaged with Bhoja Kuer their 23 ganda share in the village for Rs. 636/-. Bhoja Kuer entered into possession and received the profits of the mortgaged share, It is said that the mortgage debt was discharged completely from the profits before 1939, but that she would not surrender possession to Asfandyar Khan, Nawab Khan and Rahrnatullah Khan, the sons of Pazal Ali and Jahandar Khan who had died, as Asfandyar Khan, etc. thought of filing a suit against; Bhoja Kuer for recovery of possession of the mortgaged share, but had no money. Consequently he negotiated with Kuber Nath and Sudeehra Kuer the sale of 9 gandas out of the 23 gandas mortgaged. The negotiations were successful, and Kuber Nath and Sudeshra Kuer agreed to file a suit against Bhoja Kuer for recovery of the entire 23 ganda share, keep 9 ...
Sm. Ram Kali Vs. Gaya Prasad and ors.
Court: Allahabad
Decided on: May-01-1950
Reported in: AIR1950All653
ORDERMisra, J.1. This is a revision against an Order of acquittal passed by the learned Sessions Judge of Rae Bareli in appeal.2. The case arose on a complaint filed by Smt. Ram Kali. The facts are not in dispute now. Ram Kali is sister's daughter of one Ram Asrey who died issueless on or about 19th October 1949. The complainant was living with him at the time and she remained in possession of his house and effects after his death. On 29th October 1949, which was the Das wan day, Ram Kali was engaged in the Shuddhi ceremonies when she heard an alarm raised by her mother, Mt. Phuljari. According to her, when she went in she found that Gaya Prasad accompanied by a number of persons had entered the house and was removing boxes and utensils etc., that he persisted in taking them away to his house and that the occurrence took place in broad day light between 12 noon and 2 p. m. on 29th October 1949. The prosecution story has been found to be true by the Courts below and its correctness is n...
Chotey Lal Vs. Sheo Shankar
Court: Allahabad
Decided on: May-01-1950
Reported in: AIR1951All478
Agarwala, J.1. This is a defendant's appeal arising out of a suit for ejectment and for arrears of rent.2. The defendant-appellant was a tenant of a certain shop belonging to the plaintiff-respondent in Urdu Bazar in the city of Gorakhpur. It was a month to month tenancy. The plaintiff-respondent applied to the Town Rationing Officer who seems to have been authorised by the District Magistrate to act under the Control of Rent and Eviction Act, III [3] of 1947, for permission to sue the defendant-appellant for his ejectment from the shop. It is not clear on what ground the permission was sought. There is one application on the record dated 30-4-1948, in which the ground for ejectment mentioned that the defendant-appellant had damaged the wall of the shop. Learned counsel for the plaintiff-respondent asserts that there was another application in which he had alleged that he wanted the shop for his own business. However, that may be, the Town Rationing Officer granted permission to sue th...
- ‹ Prev
- 1
- 2
- 3
- 4
- Next ›