Allahabad Court March 1953 Judgments
inderchand Hari Ram Vs. Commr. of Income-tax
Court: Allahabad
Decided on: Mar-31-1953
Reported in: AIR1953All683; [1952]22CompCas186(All); [1953]23ITR437(All)
ORDER1. This case involves a very short point but as the facts had not been very clearly set out in the statement of the case we had to wade through various papers to find out what exactly the facts were. The assessee is a registered firm which was acting as managing agents of the Shankar Sugar Mills Ltd., Captaingunj, Gorakhpur. The assessee was also carrying on the business as _sole selling agents. To carry on the latter business the assessee had an office at Kanpur. Under the Sugar Control Order, 1942, the Sugar Controller for India issued a Notification No. 32-S.-C. (2) 42, dated 25-4-1942, to the following effect :'In exercise of the powers conferred by Clause 3 of the Sugar Control Order, 1942, the Sugar Controller for India hereby notifies 30-4-1942, as the date after which no producer shall dispose of, or agree to dispose of, or in pursuance of any agreement, entered into on or before that date make delivery of, any sugar except --(i) to a recognised dealer, or (ii) to a person...
Tag this Judgment!The Laxmi Devi Sugar Mills Vs. the Labour Appellate Tribunal of India ...
Court: Allahabad
Decided on: Mar-30-1953
Reported in: (1953)ILLJ224All
ORDER1. The applicant, the Laxmi Devi Sugar Mills, Ltd., situated at Chhitauni in district Deoria, has made two applications under Article 226 of the Constitution. In these 'writ petitions, the prayer is that the order of the Labour Appellate Tribunal of India be quashed, and suitable ordors be passed in the case.2. The facts of the case in brief are that the applicant mills is a limited liability company carrying on the manufacture of sugar in village Chhitauni, and there are a number of workmen working in the mills. On 27 March 1952, there was some dispute between 76 workmen, belonging to the engineering department, and the management. At about 10-30 a m. the management passed an order suspending the workmen. It was alleged on behalf of the applicant that at about 1 p.m. these workers made a forcible entry into the factory, and the police had to be called. On 2 June 1952 charge-sheets were issued to all the 76 workmen with a copy to the Chini Mill Mazdoor Sangh (it was an association...
Tag this Judgment!Hari Prasad and ors. Vs. the State
Court: Allahabad
Decided on: Mar-26-1953
Reported in: AIR1953All660
Raghubar Dayal, J.1. Hari Prasad, Ram Saran and Harianand appeal against their conviction under Sections 406, 477 and 477A, Penal Code, by the Additional Sessions Judge Banaras. The trial was with the help of a jury.2. The prosecution case, in brief, is that these appellants and one Moti Lal, the complainant, entered into a partnership on 15-7-1948. The partnership firm was to be known as 'Moghalsarai Cloth Trading Company'. Moti Lal was to contribute Rs. 24,000/- towards the capital and each of the three appellants was to contribute Rs. 8,000/-. Each of the appellants was to share in the profit and loss equally, and the share of Moti Lal in the profit and loss of the business was to be 7/16. The three appellants were to manage the business of the firm. The account-books were to be kept by them or any of them. It was further provided in the deed of partnership that an account would be taken of all the capital assets and liabilities and of the profits and losses of the partnership annua...
Tag this Judgment!Baijnath Das Vs. Mahant Ramdeo Das Chela Mahant Kashi Das Deceased
Court: Allahabad
Decided on: Mar-24-1953
Reported in: AIR1953All663
Malik, C.J.1. One Kashi Das died. Ramdeo Das, claiming to be the Chela of Kashi Das, made an application under Section 192 of the Succession Act in the Court of the District Judge of Banaras and alleged that the opposite-party Baijnath Das was threatening to take wrongful possession of the property which consisted of two houses. The applicant further alleged that the deceased had left a will in his favour. The applicant also alleged that the deceased Mahant Kashi Das had executed a will on 13-2-1908, in favour of his Chela Ram Saran Das who, in his turn, had executed another will dated 9-2-1926, in favour of Kashi Das. It was further alleged that Kashi Das also had executed a will in favour of the applicant, Ramdeo Das, before his death.Before taking proceedings under Section 192 the learned District Judge issued notice to Baijnath Das. Baijnath Das filed various objections and claimed that the application under Section 192 of the Succession Act did not lie. The learned District Judge ...
Tag this Judgment!Sm. Daljit Kaur, B.A., B.T. Vs. S. Tarlok Singh and ors.
Court: Allahabad
Decided on: Mar-24-1953
Reported in: AIR1953All707
Malik, C.J. 1. A preliminary objection has been raised by learned counsel for the respondents that this appeal does not lie. Sardar Mehar Singh, Air Commodore, died in an air-crash in the year 1952. It is said that he left considerable property and the applicant, Baljit Kuar, claiming to be his widow made an application under Section 192, Succession Act in the Court of the District Judge, Rampur. This application was filed against the father and brothers of Sardar Mehar Singh and it was said that they were wrongfully trying to take possession of the property left by the deceased. The applicant, therefore, prayed for the appointment of a curator. The learned District Judge dismissed the application on 21-4-1952 on the ground that no sufficient cause had been made out for taking proceedings under Section 192, Succession Act and the applicant was directed, if she was so minded, to file a regular suit. Against that order, this First Appeal was filed. Learned counsel for the appellant claim...
Tag this Judgment!Sheo Kumar and anr. Vs. V.G. Oak and ors.
Court: Allahabad
Decided on: Mar-19-1953
Reported in: AIR1953All633
Sapru, J.1. This is an application under Article 226 of the Constitution of India praying that this Court may be pleased to issue a writ of certiorari quashing the order passed on 13-11-195X by opposite parties 1 to 3 and a writ of prohibition directing opposite parties 1 to 3 not to proceed with the election petition No. 316 of 1952.-- Saling Ram Jaiswal v. Sheo Kumar'.2. The facts which have given rise to this petition may be stated briefly.3. The first general elections under the Constitution of India were held in the district of Allahabad in January 1952. The Sirathu-Manjhanpur constituency from which the applicants were seeking election in this district was a double-member constituency with a seat reserved for scheduled caste candidate. For the election. there were as many as nine candidates, viz. opposite parties 4 to 15. Sri Sheo Kumar Pandey and Sri Sukhi Ram Bhartiya were among the duly nominated candidates for the Uttar Pradesh Legislative Assembly. Both of them were standing...
Tag this Judgment!Bashir Vs. State
Court: Allahabad
Decided on: Mar-19-1953
Reported in: AIR1953All668
Desai, J. 1. This is an appeal by Bashir who has been convicted under Section 302, 323 and 447 read with Section 34, Penal Code; under Section 302, Penal Code he has been sentenced to transportation for life.2. The case against the appellant was very simple, Sardar Khan, Uzair Khan and Wazir Khan were brothers. P. W. Angan is Sardar Khan's son, Majid Khan deceased was the son of Uzair Khan and Bashir appellant is the son of Wazir Khan. Along with the appellant his three sons Ibrahim, Nisar and Hamid were also said to have taken part in the crime but they absconded immediately after the commission of the crime and were not arrested and put on trial. Angan and Majid had a joint field in the neighbourhood of the fields of Bashir. On 31-3-1950 Angan and Majid reaped the crops of the field and stored them in the field. Bashir and his sons were at that time reaping crops of their field. When next morning Angan and Majid went to their field they found that some of their crops were missing. So...
Tag this Judgment!V.G. Deshpandey Vs. City Magistrate, Lucknow and ors.
Court: Allahabad
Decided on: Mar-17-1953
Reported in: AIR1953All577
ORDER1. This is an application under Articles 226 and 228 of the Constitution for an order that the case against the applicant before the Judicial Officer, Lucknow, be withdrawn and disposed of by this Court and that the proceedings in the lower Court be stayed.2. Learned counsel has urged that in view of the provisions of Article 19(1)(a) of the Constitution the learned' Magistrate was not justified in passing an order under Section 144, Criminal P. C. It is further urged that Section 144 itself is ultra vires as it places unreasonable restriction on the right of a citizen conferred by Article 19(1)(a) of the Constitution. The facts, as they appear from the application, are that the applicant came to Lucknow and on 15/3/1953, at about 4-30 P. M. a notice was served on him signed by the City Magistrate, Lucknow, that it had come to his notice that the applicant was going to deliver a speech in support of the Praja Parishad Agitation in Jammu and on the Jammu and Kashmir question genera...
Tag this Judgment!Panchaiti Akhara Vs. Babu Nem Chandra and ors.
Court: Allahabad
Decided on: Mar-17-1953
Reported in: AIR1953All657
Chaturvedi, J.1. The present appeal by a creditor, Sri Panchaiti Akhara, Kydganj, Allahabad arises out of proceedings under the Encumbered Estates Act. In order to appreciate the points that arise in this appeal, it would be necessary to give a few facts.2. On 13-4-1930, Mutsaddi Lal, father of the respondents Nos. 1 and 2, and himself arrayed as respondent No. 11 in the appeal, executed a deed of simple mortgage in favour of the appellant. The mortgage deed was for a sum of Rs. 20,000/-, and by means of the deed, property in village Arai and a plot of land situate on the Zero Road, Allahabad, were mortgaged. In the year 1932, the two sons of Mutsaddi Lal brought a suit for partition of their shares against their father and arrayed the appellant also as a defendant in the suit. On 23-1-1933, the appellant filed a written statement resisting the suit for partition, and claiming that the mortgage executed by Mutsaddi Lal in favour of the appellant was binding on the sons also as it was e...
Tag this Judgment!Gulab Singh and ors. Vs. Collector of Farrukhabad and ors.
Court: Allahabad
Decided on: Mar-16-1953
Reported in: AIR1953All585
Gurtu, J. 1. The3e are two writ applications arising out of proceedings taken under Section 3. U. P. Land Utilization Act, 1948 (Act 5 of 1948). Writ No. 7959 of 1951 is by certain alleged tenants of the land in question. Writ No. 7951 of 1951 is by the erstwhile landlord of the village in which the land in question was situate.2. It is to be conceded that in view of the U. P. Zamindari Abolition and Land Reforms Act and the vesting order thereunder the applicant, the ex-landlord has no locus stand to prosecute this application. Writ Application No. 7951 of 1951 will, therefore, have to be dismissed.3. Since these two writ applications were connected they are being dealt with together in order that the facts in the affidavits in support either of one application or the other may be used in disposing of the Writ Application No. 7959 of 1951, if necessary.4. The case of the applicants in Writ Application No. 7959 of 1951 is that the plots mentioned in para. 2 of the affidavit filed in su...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »