Allahabad Court September 1955 Judgments
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Om Prakash Gupta Vs. Income-tax Officer, Dehra Dun, and Another.
Court: Allahabad
Decided on: Sep-12-1955
Reported in: [1956]29ITR495(All)
MEHROTRA, J. - The applicant, Om Prakash Gupta, along with three others formed a partnership and carried on the business of supplying fire-wood and other articles to the Government in the Military Department in the name any style of Om Prakash & Bros. The other partners were Sri Kashi Nath of Dehra Dun, Sri Ram Chandra of Dehra Dun and Sri Beru Ram of Solan. All the partners had one-fourth share each. On March 18, 1949, the Income-tax Officer, Excess Profits Tax Circle, Kanpur, assessed the aforesaid firm in the status of an association of persons in respect of the business for the assessment year 1944-45 on an income of Rs. 2,07,451. On this excess profits tax amounting to Rs. 1,14,334 was demanded and an income-tax was further levied on the balance of Rs. 93,117. The total liability came to Rs. 1,57,575. On appeal the assessment was set aside and the Appellate Assistant Commissioner directed fresh assessment to be made by his order dated June 13, 1950. In the meantime the partnership...
Mohammad Shafique Vs. the State
Court: Allahabad
Decided on: Sep-09-1955
Reported in: AIR1956All108; 1956CriLJ176
Desai, J 1. This is an application in revision by one Mohammad Shafiq from judgments of the Courts below convicting him under Section 5 of the Influx from Pakistan (Control) Act (No. XXIII), 1949. The trial Court sentenced him to rigorous imprisonment for 9 months and the appellate Court reduced the sentence to 6 months. We may point out that this reduction was a misuse of the power of the appellate Court to interfere with sentences. The disparity between the sentence inflicted by the trial Court and that inflicted by the appellate Court was not so great that the appellate Court would be justified in interfering with the sentence, which was at the discretion of the trial Court and which could not be interfered with unless the appellate Court held that the discretion had been exercised arbitrarily or erroneously. 2. There is no controversy about the facts. Sometime in June 1948, the applicant went from India to West Pakistan. On 19-7-1948 the Influx from the West Pakistan (Control) Ordi...
Bhairon Lal RamadhIn Vs. State
Court: Allahabad
Decided on: Sep-09-1955
Reported in: AIR1956All123; 1956CriLJ182
ORDERRoy, J. 1. This criminal revision arises under the following circumstances. The applicant Bhai-ron Lal stood surety for the appearance in Court of one Bhola who was being prosecuted under Section 454, I. P. C. Bhola had applied for bail and he was released on his own bond and on the surety bond executed by Bhairon Lal the applicant on 13-3-1951. The surety bond was in the sum of Rs. 600/-. At the trial Bhola was not produced. He had absconded. The result was that the trial could not go on and, in spite of several opportunities having been given to Bhairon Lal, the attendance of Bhola could not be secured. Notice was issued to Bhairon Lal by the learned Magistrate to show cause why the bond be not forfeited. The cause that was shown by Bhairon Lal did not commend itself to the Magistrate who by his order dated 15-3-1952, directed that under the provisions of Section 514, Criminal P. C. the bond be forfeited to the extent of Rs. 600/-. Bhairon Lal preferred an appeal from that order...
U.P. Government Vs. S. Tabarakh Husain
Court: Allahabad
Decided on: Sep-09-1955
Reported in: AIR1956All151
Randhir Singh, J. 1. This is a defendant's first appeal arising out of a suit for a declaration that the plaintiff continued to be in the service of the defendant and for arrears of salary. The claim for declaration of the plaintiff's continuance in service was, however, given up subsequently taut the claim for arrears was followed up.2. The facts of the case briefly are that the plaintiff was a sub-inspector of police in the employ of the defendant-appellant; he was suspended pending enquiry into certain charges by an order dated 13-4-1942, and was, ultimately dismissed by an order dated 30-10-1943. The plaintiff then filed a departmental appeal and as a result of that appeal the order of dismissal was set aside on 18-10-1946.3. The suit which has given rise to the present appeal was, however, instituted on 8-10-1946, for a declaration that the order of dismissal, which had not till then been set aside in appeal, was invalid and void and for recovery of arrears of salary. The suit for...
Ganga NaraIn Vs. State
Court: Allahabad
Decided on: Sep-08-1955
Reported in: AIR1956All197
ORDERRoy, J. 1. Ganga Narain has been committed to the Court of Sessions at Farrukhabad under Section 409, I. P. C. The charge against him is that he as a public servant, namely, as an Extra Agricultural Amin in Tehsil Kanauj, committed criminal breach of trust of a certain sum of money between 15-2-1950, and 31-3-1950. Ganga Narain moved an application before the learned Sessions Judge to the effect that the act complained of amounted to 'criminal misconduct' as defined in Section 5, Prevention of Corruption Act, No. II of 1947, consequently the procedure prescribed by Section 7, Criminal Law Amendment Act, No. XLVI of 1952, has to be followed and the case was exclusively triable by the Special Judge, and it was not triable by the Sessions Judge.That contention did not find favour with the learned Sessions Judge and he rejected the application holding that the order of commitment was not bad in law. From that order Ganga Narain has come up in revision to this Court and it has been con...
Mahendra Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-07-1955
Reported in: AIR1956All96; 1956CriLJ174; (1955)IILLJ750All
Agarwala, J.1. This special appeal arises out of a writ petition under Article 226 of the Constitution. The applicant Sri Mahendra Singh was posted as a head constable at police outpost, George Town, Police Station Colonelganj, Allahabad, in August 1952. Shortly thereafter the petitioner was suspended by an order of the Senior Superintendent of Police on a report that he was exorting money from persons who grazed their cattle on road patris.An enquiry was made by the Deputy Superintendent of Police who submitted his report on 3-1-1953 to the Senior Superintendent of Police with a recommendation that the petitioner be dismissed from service. On 8-1-1953, the Senior Superintendent of Police issued a notice to the appellant to show cause why he should not be dismissed from service.The appellant submitted his explanation on 16-1-1953. The Senior Superintendent of Police did not accept his explanation, but instead of dismissing him, he reduced him to the post of a constable for a period of ...
Gursaran Lal Vs. Seral Kumar
Court: Allahabad
Decided on: Sep-07-1955
Reported in: AIR1956All136
Randhir Singh, J. 1. This is a defendant's second appeal arising out of a suit brought by the respondent for the recovery of Rs. 955/10/- on the allegation that the plaintiff had advanced various sums of money to the defendant on the defendant promising to pay the money back with a half share in the profits of the business in which the money was to be invested by the defendant. The suit was brought by the plaintiff through his father as his next friend.The defendant contested the suit on several grounds taut mainly on the ground that the transaction was entered into between the plaintiff father and the defendant and that the plaintiff had therefore no right to maintain the suit for the recovery of the money.The trial Court found that the plaintiff's [father, who was a lawyer, had advanced money belonging to the plaintiff' to the defendant who wanted money for carrying on some contract business in the Municipal Board and that under the terms of the loan the defendant was to repay the mo...
Salig Ram and ors. Vs. the State of U.P.
Court: Allahabad
Decided on: Sep-06-1955
Reported in: AIR1956All138; 1956CriLJ186
ORDERRoy, J. 1. This is an application in revision by Salig Ram and six others against an order 29-9-1953, passed in appeal by the learned Sessions Judge of Shahjahanpur upholding the order dated 30-5-1953, passed by the learned Magistrate convicting Salig Ram applicant under Sections 148 and 324, I. P. C., and the other applicants under Section 147, I. P. C., and convicting further all the applicants under Sections 323 and 325, I. P. C. and sentencing them to various terms of imprisonment. The occurrence with respect to which the proceedings were started against the applicants was alleged to have taken place in the evening of 16-9-1952, when the complainant Tribcni Sahai was returning from Nakhasa at Bajhera. It was alleged that when he was near the field of one Darbari Lal, he was set upon by the seven applicants who were sitting near a chari' field. It was further alleged that the applicants were armed with lathis and kantas. One Darbari Banjara was said to have been coining from th...
Lal Singh Vs. the State
Court: Allahabad
Decided on: Sep-06-1955
Reported in: AIR1956All731; 1956CriLJ1385
Mukerji, J.1. This is an appeal by Lal Singh, who has been convicted by the learned Additional Sessions Judge of Mainpuri under Section 302 and Section 201 read with Section 611, Penal Code. The appellant has been awarded a sentence of death under Section 302, while under Section 201/ 511 I. P.C. he has been sentenced to three years' rigorous imprisonment. Along with the appeal there is also a reference by the learned Judge for the confirmation of the sentence of death passed on appellant Lal Singh.2. The facts of this case fall within a narrow ambit and may be succinctly stated as follows:3. Lal Singh, the appellant, was married to Shanti Devi about eight years ago. Shanti Devi was the daughter of Mathura Singh, who lived in an adjoining village, six miles away, from hamlet Khiria, where Lal Singh, and his wife resided. Some two or three years back relations between Lal Singh and his wife became strained and Lal Singh started ill-treating her. The reason, which was suggested on behalf...
Shariff Ahmad Vs. the State
Court: Allahabad
Decided on: Sep-05-1955
Reported in: AIR1957All50; 1957CriLJ28
Mukerji, J.1. These are two connected appeals that have arisen out of the same incident. The appellants in both the appeals were convicted at the same trial which was held by the Sessions Judge of Moradabad. The appellants have been convicted under Section 302 read with Section 34, Penal Code and each one of them has been sentenced to transportation for life.2. The charge against the appellants was that they intentionally caused the death of oneDurgpalsingh, who was a constable, in furtherance of the common intention of all of them, on the night between the 3rd and 4th of October, 1950,in Mohalla Jagat within the police station of Sambhal. A first information report was lodged at police station Sambhal by constable Gulzari Lal on the morning of the 4th of October at 7.15 a.m.According to the time set down in this first information report of the offence, the offence is said to have been committed in the small hours of the morning of the 4th, that is to say, about 1 o'clock. The place of...
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