Court : Allahabad
Reported in : AIR1955All653
ORDERChowdhry, J. 1. These are seven petitions under Article 226 of the Constitution by as many firms carrying on business as wholesale dealers in cloth in Bareilly in the State of Uttar Pradesh against the State, the Sales Tax Commissioner U. P. and the Sales Tax Officer Bareilly, impugning orders of assessment of sales tax passed against them respectively by the Sales Tax Officer Bareilly. 2. This judgment will govern all the seven writ petitions as the grounds on which the orders in question were passed, and those on which those orders are being challenged by the petitioners, are identical. 3. The relevant provisions of the U. P. Sales Tax Act (15 of 1948) hereinafter referred to as the Act, which came into force on 1-4-1948 and was passed by the Provincial Legislature by virtue of the power vested in it under Section 100(3), read with Entry 48 in List II, Schedule 7, Government of India! Act, 1935, may he set forth to begin with. The corresponding power is now conferred on the Stat...
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All10
ORDERMehrotra, J. 1. This is an application under Article 226 of the Constitution praying that a writ of mandamus be issued to the Opposite Party directing them to treat the applicant in service of the State on terms which are not less favourable to those on which the applicant was employed by the erstwhile Tehri State. 2. The applicant was appointed as Sub-Divisional Officer, in charge Keertinagar and Deopra-yag Sub-Division and worked, as such from 15-1-1948, up to 31-3-1948, under the erstwhile Tehri State, On 27-6-1950, the applicant was drawing a salary of Rs. 180/-. On account of certain political changes the Tehri-Garhwal State merged in the State of U. P. The applicant continued to work in the District of Garhwal in the same grade and scale as Town Rationing Officer and was drawing a salary of Rs. 180/- per month in spite of the merger of the State in the State of Uttar Pradesh. On 24-4-1950, a communication was received by the applicant from the District Magistrate, Garhwal, i...
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All141; 1956CriLJ189
ORDEROak, J. 1. These three connected references by the learned Sessions Judge of Etawah arise out of three connected prosecutions under the U. P. Excise Act. The facts of the case are that Ram Narain is the licencee for a country liquor shop. He had to pay monthly instalments towards his licence fee. Ram Narain did not pay a number of monthly instalments in time, as required by the conditions of his licence. The defaults started from October, 1952. The Excise Inspector made an inspection on 29-12-1952, and noticed that instalments for October, November and December 1952 had not been paid by Ram Narain. He was, therefore., prosecuted under Section 64 (c), Excise Act for wilful failure to pay monthly instalments in breach of the conditions of the licence. The accused was fined Rs. 5/- under Section 64 (c), U. P. Excise Act. That conviction has now become final. The Excise Inspector visited Ram Narain's shop again in January, February and March, 1953. Three separate prosecutions were sta...
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All666
Raghubar Dayal, J.1. A certain dispute between the applicant and the North-Eastern Railway was referred to an arbitrator in terms of the contract The arbitrator asked the applicant to state his claim and the claim was stated and then the arbitrator called upon the applicant to deposit a certain amount as his fees.The applicant did not deposit the' amount and let the statutory period for the making of the award expire. The arbitrator 'then asked the parties to first get the order of the court for extending the time to make the award. He did not act further in the matter because his fees had not been paid. 'The applicant thereupon put in an application under Section 11 of the Arbitration Act before the Civil Judge, praying for the removal of the arbitrator on account of his misconduct. The misconduct alleged was that the arbitrator demanded fees from one of the parties only, insisted on payment before acting further as an arbitrator and, in effect, neglected to deliver the award.The oppo...
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All40
V. Bhargava, J.1. Ram Chander Roy, who was a student of the Allahabad University, has filed this petition under Article 226 of -the Constitution, praying for the issue of a writ of 'certiorari' quashing the proceedings before the Enquiry Committee and their report and the order of the petitioner's rustication dated 30-3-1955, and, further, a writ of 'mandamus' against opposite parties Nos. 1 to 3, the University of Allahabad, the Chancellor of the University of Allahabad, and Shri A. C. Banerji, Vice-Chancellor of the University of Allahabad, directing them to treat the petitioner as a student of the Allahabad University and to allow him to appear in the examinations which were to take place soon after the date on which the petition was presented.2. The petitioner was an ex-student of M.Com. (Final) and LL. B. (Previous) classes in the year 1954-55. The last convocation of the Allahabad University for the year 1954-55 was held on 3-3-1955, in the University compound at about 4 P.M. it ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All1
Agarwala, J. 1. This is an application in revision against an order rejecting the applicant's application for being brought on the record as the successor-in-inte-rest of the plaintiff-appellant who had dled during the pendency of the appeal in the lower appellate court. The facts in brief are as follows :2. Amanatullah, father of the applicant owned a house in the city of Banaras. Adjacent to it to the north, is the house of Abdul Rashid and Abdul Jalil, opposite parties Nos. 1 and 2. The latter sold their house by means of a deed of sale dated 20-7-1946 to Barkatullah, opposite party No. 3 for a sum of Rs. 1200/-. Amanatullah claimed a right of pre-emption with regard to this sale on the ground that he was the owner of the adjoin-ing house and that he also participated in theappendages of the house in other words, he claimed to be a 'Shafi-e-Jar' and a 'Shafi-e-Khalit'. He claimed that he had performed the necessary demands. The suit was Instituted in the court of the Munsif, Banaras...
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All693; 1955CriLJ1550
ORDERMulla, J. 1. This is an application of revision arising out of proceedings under Section 488, Criminal P. C.2. Shrimati Rabbo, daughter of Dilley Kabaria resident of Lucknow, filed an application under Section 488. Criminal P. C., against her husband Mohammad Rasul, a resident of Barabanki. She claimed that she was the married wife of Mohammad Rasul and out of this marriage a son named Abdul Khaliq was born. This marriage took place some four or five years before filing the case and she went to Barabanki to live with her husband there.Her husband acted cruelly towards her and occasionally gave her a beating. On one occasion he threw her down the stairs as a result of which she received such a severe injury in her hip joint that she has become a cripple. According to her, after she received this injury, her husband brought her to Lucknow for treatment and resided with her at Lucknow for about five or six months. He then deserted her and in spite of her efforts to secure maintenance...
Tag this Judgment!Court : Allahabad
Reported in : (1957)IILLJ9All
Mehrotra, J.1. This is an application under Article 226 of the Constitution praying that a writ in the nature of certiorari be issued quashing the order of the applicant's removal from service, dated 25 March 1953 passed by the Deputy Inspector General of Police, Western Range, Meerut. It was farther prayed that the subsequent orders passed by the Inspector-General of Police on appeal and the State Government on revision be also quashed, and that the opposite parties be directed to treat the applicant as continuing in service. 2. The applicant was working in the police department as an inspector of police at Multan before partition. After partition he came over to India and on 21 December 1947 he was appointed as circle inspector of police in the State of Uttar Pradesh under the orders of the State Government. He was posted at Mainpuri district and while he was working at Shikohabad as circle inspector he was reverted to the post of a sub-inspector of police in April 1950 and transferr...
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All661
Agarwala, J. 1. This is a defendants' appeal arising out of a suit for possession over certain property and recovery of 'damages. The only question in the appeal is whether the plaintiffs' suit was barred by Order 2, Rule 2, Civil P. C. The following pedigree will be useful in understanding the facts of the case: SHEO BARAN SINGH ______________________________|___________ | | | Nabbo Singh Kedar Singh= Lochan Singh= | Mst. Chameli Mst. Larehti | D.4 | | | | ______|_____________ | | | | | |Budha Singh TIkam Singh | | D.5 D.6 | | ____________|__________________ | | | | Lakhan Sing Sardar Singh | P.2 P.1 | _______________ |________________ | | Hukam Singh Hakim Singh P. 4 P. 32. Sheo Baran Singh was the owner of 21/2 biswa share in Patti Sheo Baran Singh. Appertaining to this share he had some Sir land. On 23-11-1921 he made a gift of his zamindari share and the Sir land to the three branches of his sons but in unequal shares. To Lakhan Singh and Sardar Singh plaintiffs 1 and 2 and their...
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All671; 1955CriLJ1547
Chowdhry, J. 1. Lajjaram, aged 26, of village Jagannathpur, P.S. Ajitmal, District Etawah, has been convicted and sentenced to death under Section 302, I. P. C., for the murder of Pragu of village Kakraiya within the same police station by the learned Additional Sessions Judge of Etawah. Lajjaram has appealed against his conviction and sentence. The record is also before us for confirmation of thedeath sentence. Three men, Ramdas, Kanhai and Lakhan, who were charged with the abetment of the offence, have been acquitted. 2. Kakraiya is about a mile from Jagannathpur, wad the offence is said to have been committed after, sunset on 8-3-1954. It is said that thedeceased was sitting in front of his door when the aforesaid three persons who have been acquitted came up from the east and engaged him in talkin a low tone. Suddenly one of them addressed him in a loud tone. This is said to have served as a signal whereupon two other men, clad in Khaki and armed with guns, came up from the east. O...
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