Allahabad Court October 1952 Judgments
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State Vs. Ganga Sahai
Court: Allahabad
Decided on: Oct-25-1952
Reported in: AIR1953All211
Desai, J. 1. This is an appeal by the Uttar Pradesh State against Ganga Sahai who has been acquitted of the charges under Section 379 and 411, I. P. C. by a Magistrate.2. I have heard Mr. Shri Rama on his motion for admission. He contended that the appeal must be admitted and that the motion for its admission cannot be refused by a single Judge. I do not see any substance in this contention. Under Rule 2 (i) of Chap. 5 of the Rules of the Court, 1952, Vol. I, every motion for the admission of a memorandum of appeal, whether civil or criminal, has to be heard by a Judge sitting alone. There is a distinction between a motion for the admission of an appeal and the hearing of an appeal after admission and issue of notice to the respondent. Certain civil appeals and certain criminal appeals can be disposed of by a Judge sitting alone vide Rule 2 (ii) (vii) etc. but other civil and criminal appeals cannot be disposed of by him. These provisions have reference to those civil and criminal appe...
Tittar and anr. Vs. State
Court: Allahabad
Decided on: Oct-25-1952
Reported in: AIR1953All506
ORDERKaul, J.1. Tittar Khatik and his son, Bhajan were convicted under Section 60 (b), U. P. Excise Act, and sentenced to six months' rigorous imprisonment. They preferred an appeal, which was unsuccessful. They have now come up to this Court in revision. The material facts are as follows :2. A house in village Sahibganj said to belong to Tittar was raided on 20-4-1951, by Excise Inspector, Ram Pratap Singh. The search witnesses who accompanied him were head constable Lalta Singh P. W. 1, Amiruddin an octroi clerk P. W. 2 and Rafiq, an ekkawallah P. W. 5. According to the prosecution version, Tittar and Bhajan were found distilling liquor in the house. A Charbua, a bhapka, a pipe, an urnai, handsome distilled liquor and a quantity of mahua wash were saia to have been recovered from their possession.3. The accused pleaded that there was enmity between them and the Excise Inspector, Ram Gopal Singh (Ram Gopal Singh was on leave and one of his subordinates, Ram Pratap was apparently offic...
Deputy Commissioner, Faizabad Vs. Rudra Pratap Singh and ors.
Court: Allahabad
Decided on: Oct-23-1952
Reported in: AIR1953All317
Kaul, J.1. In a proceeding initiated under Section 4, Encumbered Estates Act, by Rudra Pratap Singh a claim under Section 11 was filed by Avdesh Pratap Singh 'who was originally the appellant in F. C. Appeal no. 12 of 1946, in this Court. The claim was dismissed as time barred. It was against this order that Appeal no. 12 of 1946 was preferred. Respondent 10 was one of the creditors of Eudra Pratap Singh and, in the proceeding under the Encumbered Estates Act, a decree for a certain sum was passed in his favour. As already stated, he is a party to the appeal preferred by Advesh Pratap Singh. It may be mentioned that the property in respect of which Avdesh Pratap Singh had preferred a claim under Section 11, Encumbered Estates Act, was taken over by the Court of Wards under its superintendence in 1950. The Deputy Commissioner, Faizabad, was appointed manager Court of Wards in respect of this estate. Consequently the name of Deputy Commissioner, Faizabad, was substituted on the record of...
Poshaki and anr. Vs. State
Court: Allahabad
Decided on: Oct-23-1952
Reported in: AIR1953All526
B.D. Mukerji, J. 1. This is an appeal by two persons, Poshaki who has been convicted under Section 395, I. P. C. and sentenced to six years' R. I. and Azimullah who has been convicted under Section 412, I. P. C and sentenced to three years' R. I.2. The facts which give rise to this appeal, briefly stated, are as follows: On the night between 8th and 9th August 1949 near about midnight a dacoity was committed in the house of one Rewaram by 14 or 15 persons. Rewaram's house is situate in village Gahlol within the police station, Sahaswan in the district ofBudaun. A first information report was made on the morning of the 9th at 11-30 by Rewaram himself. The police station where the report was made was four miles from village Gahlol. In this first information report Rewaram gave no names because he was unable to identify anyone, taking part in this dacoity, as having been known to him from before. Rewaram also gave the details of the property which had been taken away from his house. From ...
Kali Prasad Vs. Birendra Bikram Singh
Court: Allahabad
Decided on: Oct-23-1952
Reported in: AIR1953All714
ORDER1. Three suits were filed in the revenue Court against Yusuf Khan and Kali Prasad for recovery of theka money. The suits were decreed 'ex parte' on 2-7-1944. Kali Prasad applied for setting aside these 'ex parte' decrees under Order 9, Rule 13, Civil P. C. His applications for setting aside the decrees passed against him 'ex parte' were made on 21-4-1945, 7-5-1945 and 7-7-1945. On 19-11-1945, these applications were dismissed. Three appeals were filed against these orders of dismissal. Though the appellant filed a copy of the order of dismissal passed by the Court, no copy of any formal order or the memorandum of costs was filed in any of these appeals within the time allowed by law for preferring an, appeal. The Court of appeal dismissed all the three appeals on the ground that no formal order was filed in any of them. Dissatisfied with this decision Kali Prasad has come up in revision to this Court. 2. It was contended by his learned Counsel, Mr. Hakimuddin, that under the rules...
Jan Mohammed, Nainital Vs. the Commr. of Income-tax
Court: Allahabad
Decided on: Oct-22-1952
Reported in: AIR1953All119; [1953]23ITR15(All)
ORDER1. This is a reference under Section 68(1) of the Indian Income-tax Act and the question referred to us for opinion is as follows : 'Whether there was material to come to the conclusion that the money with which the bus was purchased was advanced to the wife by the husband so as to attract the operation of the Section 16(3) (a) (iii) of the Income-tax Act?'2. The assessee carries on business in Haldwani and Naini Tal. There was, however, a bus No. 104 U. S. R. registered in the name of of the assessee's wife. The income from this bus amounting to Rs. 2520/- during the year in question was paid to the wife of the assessee by the Kumaon Motors Union who were running the bus. The Income-tax Officer claimed that the bus belonged to the assessee and his wife was merely a benamidar for him. He treated the income from the bus as the income of the assessee. The assessee, however, denied that the bus belonged to him and asserted that the bus belonged to his wife who had purchased it out of...
Sherwani Bros. Co. Ltd., Allahabad Vs. Commr. of Income-tax, United Pr ...
Court: Allahabad
Decided on: Oct-22-1952
Reported in: AIR1953All456; [1953]23ITR51(All)
Malik, C.J.1. The assessee, Sherwani Bros. Co., Ltd., Lucknow, was started in the year 1937. In the memorandum of association, the various objects for which the company was established were given. The company, however, in the same year, i.e., 1937, took on lease a sugar mill known as Sri Krishna Deshi Sugar Factory. This lease expired on 31-7-1942. It was admitted before the Appellate Tribunal that the only business carried on by the company consisted of manufacture and sale of sugar. This manufacture of sugar, it was again admitted, was stopped on the expiry of the lease on 31-7-1942. The sale, how-ever, of the stock of sugar continued and the fact was admitted that this stock was sold off by 30-11-1942. The assessee company maintained its accounts on the mercantile basis and each year in computing its profits it showed the price of he Sugarcane purchased as expenditure in-urred and these figures were accepted by the Income-tax Department in assessing the profits of the company. It ap...
Sithoolal Chhoteylal Vs. Commr. of Income Tax/Excess Profits Tax, U.P. ...
Court: Allahabad
Decided on: Oct-21-1952
Reported in: AIR1953All437; [1953]23ITR10(All)
ORDER1. The facts are set out in the statement of the case.2. In the year 1936 one Sitthqo Lal started a partnership business with his two sons, Banarsi Das and Chhotey Lal, as partners each having an equal share in the profits and losses of the firm which was styled as firm Sitthoo Lal Chhotey Lal. This firm was carrying on wholesale business in cloth at Kanpur. On 6-12-1941, Sitthoo Lal purported to start a new firm known as Anandi Prasad Sitthoo Lal. The partners of this new firm were Sitthoo Lal and one Lal Behari, the former having a fourteen anna share and the latter a two anna share in the profits and losses of the firm. This new firm did part of the business that was being done previously by the old firm Sitthoo Lal Chhotey Lal. On 4-7-1942, Banarsi Das, another partner of the parent firm Sitthoo Lal Chhotey Lal, purported to start a new business in cloth under the name and style of firm Banarsi Das Radhey Shyam. The partners of this firm were Banarsi Das, Chhotey Lal and four ...
Ghariby and ors. Vs. the State
Court: Allahabad
Decided on: Oct-21-1952
Reported in: AIR1953All491
Kaul, J.1. Ghariby, Bhaggan, Autar and Mahadin were convicted by the learned Sessions Judge of Barabanki for an offence under Section 304, latter part, and Section 323 read with Section 34, Penal Code. They were sentenced each to five years' rigorous imprisonment under Section 304, Penal Code, and to six months' rigorous imprisonment under Section 323. The sentences were to run concurrently. Of them three, Ghariby, Bhaggan and Autar, come up in appeal. No appeal has been preferred by Mahadin.2. The case for the prosecution as established at the trial briefly stated is as follows :On 11-7--1950, some time after mid-day, Pancham was tethering his bullocks in his field in village Pandrawan, police station Tikaitnagar, district Barabanki. One of the bullocks began to fight the bullock of Ram Bakhsh Kori and injured it, whereupon Bhaggan, who was standing there, abused Pancham. This led to further hot words and exchange of abuse whereupon Ghariby, Bhaggan, Autar and Mahadin assaulted Pancha...
Badri Prasad and ors. Vs. State
Court: Allahabad
Decided on: Oct-21-1952
Reported in: AIR1953All494
ORDERKaul, J.1. Badri Prasad, Gur Prasad, Jagannath, Ram Prasad, Ram Singh and Mohammad Yakub were convicted by the Judicial Magistrate, Rae Bareili, for offence under Sections 147, 341/149 and 353/149, Penal Code. Under Section 147 they were sentenced to six months' rigorous imprisonment, under Section 341/149 to a fine of Rs. 50/- or one month's imprisonment each and under Section 353/149 to nine months' rigorous imprisonment each. On appeal the Sessions Judge of Rae Bareili acquitted Mohammad Yaqub of ell the charges. The other convicted persons were also acquitted of the offence under Section 341/149, Penal Code. Their convictions under Sections 147 and 353/149 were, however, confirmed. The sentence under Section 147, Penal Code was reduced to two months' rigorous imprisonment and that under Section 353/149 to three months' rigorous imprisonment. The sentences were to run concurrently.2. Badri Prasad, Gur Prasad, Ram Singh, Jagannath and Ram Prasad have preferred this revision appl...
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