Allahabad Court November 1952 Judgments
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B.N. Rama and Co. Vs. Commr. of Income-tax, United Provinces, Lucknow
Court: Allahabad
Decided on: Nov-12-1952
Reported in: AIR1953All445
Malik, C.J. 1. This is a reference under Section 66(1), Income-tax Act and the question referred to us for decision reads as follows :'Q. Whether, in view of fact that the capital invested in the businesses in respect of which the benefit of Section 25(3) and (4) is claimed flowed put of the same nucleus of the Hindu undivided family from which the Hindu undivided family business in respect of which the tax was paid under the Act of 1918 and of the fact that both the businesses were owned by the same Hindu undivided family and assessed together, the businesses started subsequent to 1918 would be entitled to the benefit of the provisions of Section 25(3) and (4) as ramifications of the old business which was assessed to tax under the Act of 1918?'2. In effect, we have been asked to give our opinion on the point whether if the following two facts are proved that (1) The capital invested in the two businesses, in respect of which the benefit of Sub-sections (3) and (4) of Section 25, Inco...
Commr. of Income-tax, U.P. and C.P. and Berar, Lucknow Vs. I.D. Varsha ...
Court: Allahabad
Decided on: Nov-11-1952
Reported in: AIR1953All414
ORDER1. On an application under Section 66 (1) of the Income-tax Act made by the Commissioner of Income-tax, U. P., C. P. and Berar, the Appellate Income-tax Tribunals Allahabad, referred to this Court a question of law for its decision on 16-12-1943. The assessee, Mr. I. D. Varshani, was an individual. While the reference was pending the assessee died and it is admitted that death took place on 10-12-1948. In the counter-affidavit filed on behalf of the three sons of the assessee detailed facts are given to show that the Income-tax Officer, Kanpur Circle, was informed of Mr. Varshani's death and in subsequent years the sons of the deceased were assessed to Income-tax. The reference was put up before a Bench of this Court for hearing on 13-9-1949, when Mr. S. N. Katju, learned counsel for the assessee, stated thathis client had died on 10-12-1948. The Court directed that 'the Commissioner of Income-tax should make an application within one month, giving the names of the legal represent...
Biswa Nath Singh Vs. the District Board of Ballia
Court: Allahabad
Decided on: Nov-11-1952
Reported in: AIR1953All415
Sapru, J. 1. These three applications have been presented to this Court under Article 226 of the Constitution by three brick-kiln owners who have been carrying on the business of manufacturing bricks in the district of Ballia for the last 15 years or so and are at present working several brick-kilns in that district. Under the powers conferred by Section 174(2) (k), District Boards Act, the District Board ofBallia first made a bye-law introducing the licensing of brick-kilns of every description on 4-7-1932. By the notification issued under that bye-law, a licence fee for a chimney brick-kiln was fixed at Rs. 10/-, for a deshi brick-kiln at Rs. 5/- and for a kankar lime kiln at Rs. 2/-. This bye-law came to be sub-sequently amended in 1937 and 1947. By these amendments, the licence fee for chimney brick-kilns was raised to Rs. 25/- and Rs. 100/-. The District Board of Ballia approved of a third amendment in 1950 which raised the licence fee for chimney brick-kilns to Rs. 250/-, deshi b...
Kulsum Bibi Vs. District Magistrate, Kanpur and anr.
Court: Allahabad
Decided on: Nov-06-1952
Reported in: AIR1953All178
V. Bhargava, J. 1. This is a petition under Article 226 of the Constitution for issue of a writ of mandamus directing the District Magistrate and the Superintendent of Police of Kanpur to refrain from removing two minor children, Quraisha Begum aged about six years and Mohammad Elias aged about five years, from the lawful custody of the applicant and from taking them out of India to Pakistan. The facts of this case were given in detail in the order dated 12th September 1951, passed by a Bench of this Court and we need not repeat thosefacts. It was held in that order that the father of the minor children had migrated to Pakistan in March 1948, and had, therefore, lost his Indian domicile. It was further held that the children had also lost their Indian domicile when they were taken by their father to Pakistan a little later. After this finding the Bench left open for decision only one question, viz. whether the act of the father in bringing the two children back to India subsequently ha...
Tahawwar HusaIn Vs. State Through Jagannath and anr.
Court: Allahabad
Decided on: Nov-06-1952
Reported in: AIR1953All440
ORDERBeg, J.1. This is a reference by the learned Sessions Judge Farrukhabad, recommending that an order of Sri P. P. Sriyastava, Sub-Divisional Magistrate, Kanauj, dismissing an application under Section 147 of the Code of Criminal Procedure in default be set aside.2. The reference in question has arisen out of a petition made by one Tahawwar Husain under Section 147 of the Code of Criminal Procedure. Tahawaur Husain is a contractor on behalf of the Farrukhabad District Board of the Kusumkhore Ghat ferry on the river Ganges. The limits of the said ferry are specified in the provincial gazette of the year 1883. The district of Farrukhabad is separated from the district of Hardoi on the north by the river Ganges. A new ferry called the Sarhiapur Ghat ferry was established to the east of the Kusumkhore Ghat ferry by notification in the U. P. Gazette dated 16-11-1946 and its limits, too, were specified. A contract in respect of the new ferry was obtained by one Noor Mohammad from the Dist...
Beche Lal and ors. Vs. Hem Singh and ors.
Court: Allahabad
Decided on: Nov-06-1952
Reported in: AIR1953All485
Agarwala, J.1. This is an application in revision against an order allowing an application for amendment of, a decree under Sections 151, 152 and 153, Civil P. C. The facts briefly stated are as follows :2. One Bhudher Singh executed a usufructuary mortgage on 18-8-1893 in favour of one Balwant Singh mortgaging 7 biswas, 2 kachwansis and 10 nanwansis in village Bijgawan for a consideration of Rs, 400/-, A deed of further charge was executed about a year later on 15-8-1894, securing a sum of Rs. 200/-. Bhudher Singh died leaving Khanzade Singh as his legal representative. Balwant Singh mortgagee sub-mortgaged his mortgagee rights by a deed, dated 31-5-1915. in favour of one Kunj Behari Lal for a consideration of Rs. 200/-. Khanzade Singh, the representative of the mortgagor, purchased the mortgagee rights of Balwant Singh at an auction sale in execution of a decree and stepped into Balwant Singh's shoes. This would be, however, subject to the right of the sub-mortgagee, Kunj Behari Lal....
Maseh Ullah Shah Vs. Abdul Rehman Sufi and ors.
Court: Allahabad
Decided on: Nov-05-1952
Reported in: AIR1953All193
Bhargava, J.1. This is a petition under Article 226 of the Constitution for the issue of a writ in the nature of 'Quo-warranto' filed by one Masih Ullah Shah, a resident of the Municipal town of Etah directed against one Abdul Rehman Sufi, opposite-party 1, who was nominated as a member of the Municipal Board of Etah by the State Government some time about the end of the year 1950. There are further prayers for issue of direction or order or a writ in the nature of mandamus or prohibition directing opposite-party 3, the State of Uttar Pradesh, to remove opposite-party 1 from membership of the Municipal Board and to restrain opposite-party 1 from acting as a member of the Bpard and further directing opposite-party 2, the Chairman of the Municipal Board of Etah, not to recognise opposite party 1 as a member of the Board.2. When this case came for hearing before us after service or notices on the opposite-parties, learned counsel for opposite parties 1 and 3 raised a preliminary objection...
Mt. thekura and ors. Vs. Sukhraj Singh
Court: Allahabad
Decided on: Nov-04-1952
Reported in: AIR1953All350
Agarwala, J.1. This is a defendants' appeal arising out of a suit for possession of a portion of plot no. 278B in Mahal Chitta Singh and demolition of a building erected on it by the defendant-appellant. The plaintiff and one Jagannath were co-sharers in Mahal Chitta Singh. Jagannath gave permission to the defendant-appellant in construct a building on the plot in suit. In pursuance of the permission, the defendant-appellant raised a construction on the plot. The plaintiff-respondent filed a suit, which has given rise to this appeal, for demolition of this construction and for possession of the plot on the ground that one co-sharer had no right to give permission to make constructions on a pint piece of land.2. In defence, it was urged that there was a private partition between the cosharers in the mahal and the plot in suit had fallen to the lot of Jagannath's prodecessor-in-title. In support of this plea a partition chithi showing the plots which had been allotted to Jagannath's pred...
Bhaga and ors. Vs. Girwar and ors.
Court: Allahabad
Decided on: Nov-04-1952
Reported in: AIR1953All439
Brij Mohan Lall, J.1. This is a second appeal by the plaintiffs against a decree of the learned Second Civil Judge of Meerut who reversed a decree of the learned Additional Munsif of Ghaziabad and dismissed the appellants' claim with costs.2. The appellants lived as ryots in two houses situate in village Ramala, pargana Chaprauli, Tahsil Baghpat in the district of Meerut. They were labourers. They brought the suit which has given rise to this second appeal, to recover possession of the said houses. They alleged that during their temporary absence the respondents (Zamindars) had taken forcible possession of the said houses and had ejected their women folk and cattle.3. The respondents' defence, so far as material for the purpose of this second appeal, was that the appellants had abandoned the village and the house, had taken up residence in a different village and thereupon, they (respondents) had taken possession of the houses. It may be stated, however, that the respondents had procee...
Abdul Hamid and ors. Vs. Mst. Asghari Begum
Court: Allahabad
Decided on: Nov-03-1952
Reported in: AIR1953All173
Kaul, J. 1. This second appeal originally came up for hearing before a Division Bench consisting of Wanchoo and Bhargava JJ. For reasons to be stated presently they referred it to a Full Bench.2. The facts so far as they are material are as follows :In a suit brought by one Mt. Asghari Begum against Abdul Hamid and others some property belonging to the defendants was attached before judgment under Order 38, Rule 6, Civil P.C. The claim was ultimately decreed and Asghari Begum put in an application for execution of her decree. She prayed that the property attached before judgment be sold for satisfaction of her debt. This application was dismissed for default. Thereupon Asghari Begum put in another application for execution which was also dismissed in 1935. The last application for execution was made by her on the 30th April 1938 and therein the prayer for sale of the property attached before judgment was repeated. In due course the decree was transferred for execution to the Collector ...
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