Allahabad Court July 1951 Judgments
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Jagat Bus Service Vs. State Transport Authority and ors.
Court: Allahabad
Decided on: Jul-24-1951
Reported in: AIR1952All74
Sapru, J.1. I should like to indicate my attitude towards the line taken by my brother, Agarwala J., and, with this object in view, I propose to make in this case a few remarks of my own. The question whether any or all the members of the State Transport Authority and the Regional Transport Authority were validly nominated or not came up for consideration before us at the time when we were disposing of the Full Bench case of Moti Lal v. Government of the State of Uttar Pradesh : AIR1951All257 . Reference may be made to the observations relating to this matter by the various learned Judges composing that Bench. The learned Chief Justice was not impressed with the argument that officials of Government serving in the Transport Department must be said to have a financial interest inasmuch as their service depended upon the continuation of the Transport Department. He went on to observe that without further facts it would be impossible to hold that a person who was in the permanent service ...
The State Vs. Krishna Madho and ors.
Court: Allahabad
Decided on: Jul-24-1951
Reported in: AIR1952All86
Beg, J.1. In pursuance of an order made by a single Judge of this Court on 12-3-1951, four persons--Krishna Madho, Balak Ram, Chunni Lal & Manni Ram--appeared, before us to show cause why they should not be punished for having committed contempt of Court. Krishna Madho is the Pradhan & Balak Bam, the Up-Pradhan of the Gram Sabha of village Aurahwa, police station Pachperwa, district Gonda, Chunni Lal is a Prantiya Raksha Dal leader & Manni Ram is a Panch of the Panchayat.2. The background of this case may be shortly stated. On 24-1-1950, Krishna Madho & Balak Ram applied to the Deputy Commissioner, Gonda alleging that Basdeo, Jageshwar, Ishaq & others were bad characters habitually addicted to the committing of thefts & that preventive action should be taken against them. On the same day they as well as Chunni Lal & Manni Ram applied to the Panchayat Officer making a similar request. No report of any date prior to 24-1-1950, the date of the above application, existed against any of the...
Madari Singh Vs. Bhajru and ors.
Court: Allahabad
Decided on: Jul-23-1951
Reported in: AIR1952All93
Harish Chandra, J. 1. This second appeal came up for hearing before my late brother Seth, J. on the 22nd January, 1951. He heard it and pronounced his judgment in open court. It was taken down in shorthand by a judgment clerk, but before the transcript of the judgment could be laid before His Lordship for 'inspection, supervision and correction' under Rule 7 of Chapter VII of Rules of Court, he died on the 26th January, 1951, and the judgment could not be signed by him, as provided in Rule 8 of the same Chapter. 2. The point that has to be considered is whether the order pronounced by Seth, J. is a valid order or it is invalid and without effect so that the appeal should be re-heard and decided afresh. 3. In a criminal case in which judgment had been pronounced in open court by the said Judge on the same date, namely, January 22, 1951, but had not been signed, the matter came up for consideration before my brother Brij Mohan Lall, J. in 'State v. Saru Smelting and Refining Corporation ...
Chunni Lal Burman Vs. Board of Revenue and ors.
Court: Allahabad
Decided on: Jul-19-1951
Reported in: AIR1951All851
Agarwala, J.1. This is an application Under Article 226 of the Constitution for the issue of a writ of certiorari of prohibition to quash an order made by the Collector of Aligarh impounding a document which was sent to him Under section 31 of the Stamp Act for his opinion as to the stamp duty payable thereon.2. There was a partnership firm known as the New Ram Chand Cotton Mills Co. at Hathras, in the district of Aligarh. There were several partners in this firm. There were differences and disputes between them. A suit was filed by the applicant in the Court of the Civil Judge at Aligarh for establishing his rights of joint management and ether reliefs. During the pendency of the suit the matters in dispute were referred by the parties to the arbitration of L. Gauri Shanker and B. Daulat Ram. The arbitrators wanted to give an interim award On the 15th Sept. 1944 they sent a draft of the interim award with an application Under section 81 of the Stamp Act to the Collector of Aligarh for...
Ram Rao Singh and ors. Vs. Ajodhya Pd. Singh and ors.
Court: Allahabad
Decided on: Jul-18-1951
Reported in: AIR1952All83
Misra, J.1. This is a second appeal by some of the defts. in a suit for possession of certain shares in village Goendi, district Faizabad.2. The case of the plff. Jaskaran Shukul (who has since died & is now represented by his legal heirs) was founded upon a permanent lease executed by Mahesh Singh, deft. 5 on 23-11-1940. The latter had already transferred the property under a registered deed of gift dated 15-12-1939 to his three sons, namely, Ram Res Singh, deft. 1, Ram Bahadur Singh, deft. 2 & Sheo Bahadur Singh. deft. 3 & his wife, Mt. Lekhraji. Mahesh Singh & his sons were members of a joint Hindu family & the property covered by the deed of gift was ancestral. The suit was resisted by the donees on the basis of the transfer in their favour. The plff. had anticipated the defence & pleaded in para 3 that the gift was fictitious & void adding that the document was legally invalid & ineffective against the plff. & other creditors that it was executed with the object of defeating & del...
Sagwa Vs. Dalwa and ors.
Court: Allahabad
Decided on: Jul-17-1951
Reported in: AIR1952All97
Agarwala, J. 1. This is a defendant's appeal arising out of a suit for partition of a grove and for recovery of Rs. 200/- on account of the price of certain trees which were cut away by the defendants. 2. The parties belong to one family. The plaintiffs are the sons of one Bahadur. The defendants to the suit were the descendants of one Nathua, Bahadur's brother. The appellant, one of the defendants, is a minor, grandson of Nathua. Defendants Nos. 2 to 5 were the other descendants of Nathua. Defendant No. 6 was the transferee of the trees. The plaintiffs alleged that they were owners of one-half of the grove as it was the ancestral property of the parties. The defendants, on the other hand, alleged that the plaintiffs had no right in the grove in suit, and that the grove was planted about 40 years ago with the permission of the zamindar by the sons of Nathua in theplot which had come to their share. There were other pleas with which we are not concerned. 3. The trial Court held that the...
Girdhari Lal Vs. Sales Tax Officer
Court: Allahabad
Decided on: Jul-17-1951
Reported in: AIR1952All95
C.B. Agarwala, J. 1. This is an application Under Section 11 of the U. P. Sales Tax Act praying that the Judge (Revisions Sales Tax, Uttar Pradesh, may be directed to state the case and refer it to this Court. The facts of the case are these: 2. The applicant is a bullion merchant at Allahabad. Under Section 3 of the U. P. Sales Tax Act every dealer is liable to pay on his turnover in each assessment year sales tax, subject to the provisions of the Act. One of these provisionsis contained in Section 4 under which the State Government is authorised by means of a notification in the official Gazette to exempt from time to time from taxation certain dealers on such conditions and on payment of such fees, if any, not more than Rs. 500/- annually as may be specified therein. The State Government issued a notification dated June 7, 1948, by virtue of which dealers in bullion and specie were exempted from sales tax on condition that they obtained an exemption certificate from the appropriate ...
Radha Kishan Bhagwan DIn Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Jul-17-1951
Reported in: AIR1952All422
Sapru, J. 1. This is an application under Section 11, U.P. Sales Tax Act, 1948, praying that this Court may be pleased to direct the Judge (Revisions) Sales Tax, Uttar Pradesh, Lucknow, to refer to this Court the following questions : '1. Is the deposit of quarterly instalments by the assessee and the mention of the relative quarter in the Treasury Challan followed by a return for the quarter, though filed beyond time but before the Assessment Order was made by the Sales Tax Officer not an election of the assessment year by an assessee within the meaning of Section 7 of the Act read with Rules 39 and 41 2. Is the Sales Tax Officer entitled under Section 7 (3) of the Act to ignore a return of turnover filed by the assessee beyond the time prescribed by it before an Assessment Order is made, to assess the assessee to the best of his judgment as if the assessee was in default.' 2. The appellants (applicants ?) carry on business as merchants in Kanpur. The Sales Tax Department assessed th...
Ochhi Ram Hari Ram Vs. the Custodian General of Evacuee Property in In ...
Court: Allahabad
Decided on: Jul-16-1951
Reported in: AIR1951All821
Agarwala, J.1. This is an application for a writ of certiorari, mandamus or other direction or order under Article 226 of the Constitution.2. The applicant alleges himself to be a registered refugee and, as such, a national and citizen of India. He took possession as tenant of house No. 243, Chillipara, Shahganj, Agra, 3-5-1950 from one Syed Shahid Husain who is alleged to be a resident of Achnera, in the district of Agra. He applied for the allotment of the house to the Manager, Evacuee Property, Shahganj Beat, Agra. On receipt of this application the house in question was declared evacuee property and the Manager, Evacuee Property, reported the matter to the Assistant Custodian and recommended that the need of the applicant for the house was a genuine one. While the matter was pending before the Assistant Custodian, the Custodian, Evacuee Property U.P. passed an order in August 1950 allotting the house to one Sri Harbans Singh directing at the same time that the applicant be evicted ...
Makhan Lal Kela and anr. Vs. Girdhari Lal and anr.
Court: Allahabad
Decided on: Jul-16-1951
Reported in: AIR1952All421
Bind Basni Prasad, J.1. This second appeal raises an interesting point of interpretation of the provisions of the U. P. Temporary Control of Rent and Eviction Act, 1947 (hereinafter referred to as 'the Act'). The question is : 2. Where a landlord proposes to evict a tenant and a sub-tenant both by a suit, is it sufficient for him to obtain the permission under Section 3 of the Act as against the tenant only or should he obtain such permission as against the tenant and the sub-tenant both ! 3. The two Courts below have differed in their answers to this question. The trial Court held that the permission under Section 3 of the Act as against the tenant was sufficient against the sub-tenant also. The learned District Judge took an opposite view and held that without an express permission as against the sub-tenant also, the sub-tenant could not be evicted. 4. The material facts are that the plaintiffs-appellants are the owners of a shop in the city of Aligarh. Several years ago, they let it...
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