Allahabad Court February 1954 Judgments
Asghar Vs. Uttar Pradesh Govt. Through D.C. Gonda
Court: Allahabad
Decided on: Feb-26-1954
Reported in: AIR1954All649
Randhir Singh, J. 1. This is a defendant's appeal against a decree for possession passed by the lower appellate Court modifying a conditional decree passed by the Munsif of Gonda. 2. It appears that a lease in respect of three plots of land was granted by the Deputy Commissioner of Gonda to the appellant on the 28th. October, 1933, for making certain constructions on the land. One of the conditions in the lease was that the lessee was to complete the constructions within six months of the date of the lease. It was further provided that if no construction was made or if there was a breach of the terms of the lease, the lessor shall have a right of re-entry. No construction was made on the leased land and the U. P. Government instituted a suit on 17-10-1949, for possession of the land. 3. The suit was resisted by the defendant on the ground that he had applied for permission to the Municipal Board to build, but the permission was not granted in time and he could not therefore comply with...
Tag this Judgment!Sri Chand Vs. Dhundi Ram Mathuri
Court: Allahabad
Decided on: Feb-25-1954
Reported in: AIR1955All56; 1955CriLJ178
ORDERRoy, J.1. This is an application in revision by Sri Chand against an order dated 24-3-1952, passed by the learned District Magistrate of Agra by which ha refused to interfere with an order dated 29-10-1951, passed by the learned City Magistrate of Agra in a case under Section 145, Criminal P. C. The case furnishes an instance which illustrates that the provisions of Sections 145 and 146, Criminal P. C., are so easily attracted by Magistrates with utter disregard of what those sections really contemplate before an action under those sections can be warranted.2. On 18-9-1950, a complaint was lodged by Dhundi Ram opposite party against Sri Chand, applicant in the Court of the City Magistrate which runs as follows:'The applicant has a plot of land in the Naya Nagla within police circle Chatta in Agra. There exists a temple over this land. The opposite party who plies his cart on hire used to stable his bullocks by the side of the road. The road was under repairs by the Municipality. T...
Tag this Judgment!Sobha Nath Vs. Ram Baran and anr.
Court: Allahabad
Decided on: Feb-25-1954
Reported in: AIR1954All493
Randhir Singh, J.1. This is a second appeal which has been referred to us by one of us sitting singly and before whom the appeal originally came up for hearing as it appeared that the authorities on the points of law involved in this case were not all clear and consistent.2. The appeal arises out of a suit for possession instituted by one Ram Baran against Sobha Nath and Bam Bilas on the allegations that Ram Baran and Ram Bilas, defendant No. 2, were joint tenants of plot No. 958, having an area of 9 biswas, situate in village Kakrapur, district Paizabad and that defendant No. 1 was a licensee on behalf of the plaintiff and defendant No. 2. This licence was, according to the plaintiff, revoked in 1353 Fasli but defendant No. 1 did not relinquish the land. The plaintiff also claimed a sum of Rs. 15/- as damages.3. Defendant No. 1 contested the suit mainly on the ground that it was he who was the tenant of the land and that the plaintiff or defendant No. 2 were not the tenants. An issue ...
Tag this Judgment!Sm. Raj Rani Sekhri Vs. U.P. Govt. and anr.
Court: Allahabad
Decided on: Feb-23-1954
Reported in: AIR1954All492
Mukerji, J.1. This is a petition by Shrimati Rajrani Sekhri under Article 226, Constitution of India praying for a writ in the nature of mandamus directing the opposite parties, viz., the Government of Uttar Fradesh and the District Supply Officer of Luck-now, to withdraw an order made by a letter dated the 25th February, 1953. The petitioner further prays that this Court should issue a direction to the opposite parties to grant to the petitioner a quota for hard and soft coke so that she may be able to carry on the business of a coal depot holder which business she had been carrying on since 1949.2. The petitioner's case was that she had been granted 'depot holder's' licence and that as such licensee she had been carrying on the trade of selling coal and making profits out of those sales. She further stated that she was able to get this permit because she had been a refugee who had migrated from Pakistan in August 1947 and further because she had started an institution called 'Shri Ka...
Tag this Judgment!Commissioner of Income-tax Vs. Shrimati Singari Bai.
Court: Allahabad
Decided on: Feb-23-1954
Reported in: [1945]13ITR224(All)
IQBAL AHMAD, C.J. - This is a reference by the Commissioner of Income-tax, Central and United Provinces, under Section 66 (2) of the Indian Income-tax Act (XI of 1922) and the question referred to this Court is :-'Whether on the facts of this case the Income-tax Officer was justified in taking the assessees gross income from money-lending to be Rs. 31,081.'The facts that led to the reference, and as they appear from the statement of the case submitted by the Income-tax Commissioner, are very simple. Shrimati Singari Bai, the assessee, a professional money-lender, regularly kept her accounts according to what is known as the 'mercantile accountancy system' or the 'book profits system of accountancy' or the 'complete double entry book-keeping.' Under this system the net profit or loss is calculated after taking into account all the income and all the expenditure relating to the period, whether such income has been actually received or not and, whether such expenditure has been actually p...
Tag this Judgment!Mohammad Sabir Ali Vs. Tahir Ali and ors.
Court: Allahabad
Decided on: Feb-22-1954
Reported in: AIR1957All94
Agarwala, J.1. This is a plaintiff's first appeal from the judgment and decree of the Civil Judge of Bahraich, and the subject of dispute in this, appeal is the taluqdari and non-taluqdari property of one Thakur Asghar Ali who died in 1937.2. To appreciate the controversy between the parties, the following genealogical table, which is not disputed, will be of considerable assistance. AMIR BAKSH ___________________________|__________________________________________________ | | | | | | Faiz Mohammad Fateh Mohammad Nabi Baksh Jang Bahadur Janab Ali Madar Baksh | | | Daughter First Wife Asghar Ali Mohammad | | | Shah Jahan Begum | (Second wife of Asghar Ali) | Deft. 4 | _____________________________________________|______ | | | | | Mohammad Ali(Deft. 5) Mohammad Ismail (Deft.6) Zainab Bibi(Deft.7) | __________|__________________________________________________________ | | | | Uma Saima= Nasir Ali Mohd. Umar (Deft. 1) Aeysha Bibi (Deft.2) Fatima Bibi (Deft.3) ____________|_________________...
Tag this Judgment!Bijai Bahadur and ors. Vs. State
Court: Allahabad
Decided on: Feb-19-1954
Reported in: AIR1954All626
Desai, J.1. This is an application by four men against their conviction under Section 52, Prisons Act. There is no dispute about the facts which have been proved satisfactorily. Vijay Bahadur applicant was convicted on 8-2-1950 by a Magistrate under Sections 147 and 332, I. P. C., and sentenced to imprisonment for six months. He was sent to the District Jail, Kanpur. to undergo the sentence of imprisonment. The other three applicants were detained since 1-3-1950 in the same District Jail in pursuance of an order issued by the Governor of Uttar Pradesh under Section 3(1)(a)(ii) of the Preventive Detention Act (No. 4 of 1950). The applicants have been found guilty of having disobeyed orders of the Superintendent of Jail and the district authorities, committed acts of indiscipline and assaulted the jail and police authorities on 4-3-1950. They challenge their conviction on the sole ground that they were not prisoners and were not governed by Section 52, Prisons Act.2. Section 52 of the Pr...
Tag this Judgment!Tej Bhan Madan Vs. Govt. of India
Court: Allahabad
Decided on: Feb-18-1954
Reported in: AIR1954All522
ORDERV. Bhargava, J. 1. I have heard learned counsel for the petitioner on this petition under Article 226 of the Constitution.2. By this petition the petitioner seeks issue of a writ of mandamus to the Government of India through their Deputy Secretary, Ministry of Finance, Department of Economic Affairs, Shri B. K. Kaul, I. C. S., New Delhi, commanding the opposite party to accept the petition of the petitioner under Article 14, Constitution of India and thereby declare him eligible for enrolment as a member of the Institute of Chartered Accountants of India or at least admission to the final examination for the said enrolment. A preliminary point that arises is whether a writ of mandamus can be issued to the Government of India through the Deputy Secretary at New Delhi by this Court.The petition and the affidavit filed in support of it show that the petition of the petitioner which has not been accepted by the opposite party and which the petitioner says was a petition under Article...
Tag this Judgment!Vibhuti NaraIn Singh Vs. Improvement Trust, Benaras and anr.
Court: Allahabad
Decided on: Feb-18-1954
Reported in: AIR1954All520
ORDERV. Bhargava, J.1. By this petition under Article 226 of the Constitution the petitioner challenges the validity of an order of the Improvement Trust, Banaras, sanctioning a plan for constructions submitted by the petitioner subject to certain amendments. The petitioner seeks the issue of a writ of mandamus directing the Improvement Trust, Banaras, and the Municipal Board, Banaras, to stop them from taking coercive measures to enforce the amendment of the plan or interfering in the construction of the building by the applicant according to the plan submitted by him on 9-5-1952.The petitioner has admitted in his own petition that his building is sought to be constructed along a road in respect of which the Improvement Trust of Banaras has already made a Deferred Street Scheme prescribing alignment on each side of the street. In enforcing this Deferred Street Scheme, the Improvement Trust directed by a resolution dated 22-8-1949 that no construction should be permitted which did not ...
Tag this Judgment!Raghubar Dayal and ors. Vs. the Sarrafa Chamber and ors.
Court: Allahabad
Decided on: Feb-18-1954
Reported in: AIR1954All555; [1954]24CompCas388(All)
ORDERBrij Mohan Lall, J.1. This is a petition by three shareholders of the Sarrafa Chamber, Jhansi (hereinafter described as the Company) for its winding up on the ground that it is just and equitable to do so.2. This Company was formed in 1946 with a nominal capital of rupees one lakh divided in 200 shares of rupees five hundred each. The object of the Company was to carry on trade in gold and silver. The Company was never registered.3. This petition is resisted mainly by opposite parties Nos. 2 and 3. It is not necessary to mention the defence raised by them on merits because a preliminary question has arisen for deci-sion whether the Company consists of more than twenty members and whether an application for winding up of such a Company can be entertained. It may, however, be remarked that although in the counter-affidavit filed by the opposite parties it was expressly stated that the . Company consisted of forty-eight partners no plea was taken to the effect that the application wa...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »