Allahabad Court March 1956 Judgments
Junnoo Singh Vs. Ram NaraIn Singh and ors.
Court: Allahabad
Decided on: Mar-30-1956
Reported in: AIR1956All580
Agarwala, J.1. This is a special appeal against an order of a learned single judge of this court dismissing a second appeal.2. The facts of the case, briefly stated, are as follows. One Smt. Rajpatti and'certain other persons executed a sale deed of certain zamindari property on 25-11-1943 in favour of Jhunnoo Singh appellant. Lalta Singh plaintiff who is now dead and is represented by respondents 1 and 2 instituted a suit for pre-emption of the property conveyed by the sale deed. He impleaded Munnoo Singh brother of Jhunnoo Singh as a defendant in the suit.It was alleged in the plaint that the sale had taken place in favour of Munnu Singh. Jhunnoo Singh was not impleaded in the suit. There was no allegation in the plaint that Jhunnoo Singh was merely a benamidar for Munnu Singh or that Munnoo Singh was the karta of the joint Hindu family of which Jhunnoo Singh was a junior member. In the plaint it was alleged that the sale consideration was much smaller than that shown in the sale dee...
Tag this Judgment!D.R. Menon Vs. Director of Harijan Welfare and anr.
Court: Allahabad
Decided on: Mar-29-1956
Reported in: AIR1957All408
Randhir Singh, J.1. This is an application under Article 226 of the Constitution for the quashing of an order of removal for misconduct passed by the opposite party No. 1 against the applicant.2. The applicant was admittedly in the temporary service of the State of Uttar Pradesh as Senior Electrical Inspector at Government Technical Centre, Bakshi-Ka-Talab, Lucknow. It appears that one Sri Hasan Zaffar was the Superintendent of the State Government Technical Centre in November, 1953. A loan of Rs. 25/- is said to have been taken by Sri Zaffar from the applicant and in connection with the demand for this amount it was alleged that the applicant had misbehaved with Sri Hasan Zaffar. A report was lodged to the authorities and a notice was given to the applicant to show cause why his services should no be terminated. He was suspended with immediate effect for gross misconduct and for assaulting Sri Hasan Zaffar. The applicant was required to submit his explanation to the Superintendent of ...
Tag this Judgment!Sriniwas and Ors. Vs. Income-tax Officer 'A' Ward, Sitapur
Court: Allahabad
Decided on: Mar-29-1956
Reported in: AIR1956All657
Mootham, C.J. 1. This is a petition under Article 226 of the Constitution, the circumstances in which it has been filed being shortly as follows :2. On 31-3-1955, the respondent, who is the Income-tax Officer, A Ward, Sitapur, issued two notices under Section 34, Income-tax Act, to the petitioners who are five in number. The address of the petitioners was given in each of these notices as being care of Messrs. Pushkar Mal Sagar Mal, Nai Bazar, Lakhimpur Kheri, within this State.The notices (which were the same in form) stated that the respondent had reason to believe that the. income of the petitioners assessable to income-tax for the year ending 31-3-1947 had both escaped assessment and had been under-assessed, that he proposed to assess such income and it called upon the petitioners to deliver within the time stated in the notices a return of their total income and total world income assessable to income-tax for the year ending 31-8-1947. These notices, it is to be observed, were iss...
Tag this Judgment!Sri Niwas and Others Vs. the Income-tax Officer, a Ward, Sitapur.
Court: Allahabad
Decided on: Mar-29-1956
Reported in: [1956]30ITR381(All)
MOOTHAM, C.J. - On 31st March, 1955, the respondent, who is the Income-tax Officer, A Ward, Sitapur, issued two notices under section 34 of the Indian Income-tax Act to the petitioners who are five in number. The address of the petitioners was given in each of these notices as being care of Messrs. Pushkar Mal Sagar Mal, Nai Bazar, Lakhimpur Kheri, within this State. The notices (which were the same in from) stated that the respondent had reason to believe that the income of the petitioners assessable to income-tax for the year ending the 31st March, 1947, had both escaped assessment and had been under-assessed, that he proposed to assess such income and it called upon the petitioners to deliver within the time stated in the notices a return of their total income and total world income assessable to income-tax for the year ending the 31st March, 1947. These notices, it is to be observed, were issued by the respondent on the last day of the maximum period of the eight years within which...
Tag this Judgment!Sm. Inda Devi Vs. Board of Revenue and ors.
Court: Allahabad
Decided on: Mar-23-1956
Reported in: AIR1957All116
Mehrotra, J. 1. These are two applications under Article 133 of the Constitution praying that leave be granted to the applicant to appeal to the Supreme Court against the judgments of this Court in Civil Misc. Writs Nos. 1358 and 1359 of 1954. 2. The facts, as set out in the petition briefly are that Sri Shankar Lal, father of the applicant, who was a zamindar of village Deorampur, had certain sir plots Nos. 88, 130, 131 and 148 in the said village. Two suite were filed on or about 29-9-1947, which were Nos. 103 and 104 of 1947 under Sections 175/179, U. P. Tenancy Act against the opposite parties Brij Lal, Sewa Ram and Kalika for ejectment. These two suits along with two other suits, which were filed against one Bachchan, were consolidated and were heard together by the Assistant Collector, First Class, Parrukhabad who decreed the suits for ejectment. The petitioner executed her decree and got possession over the plots on 29-6-1948. Appeals were filed by the opposite parties to the Co...
Tag this Judgment!Ghanshyam Das Gupta and ors. Vs. Board of High School and Intermediate ...
Court: Allahabad
Decided on: Mar-23-1956
Reported in: AIR1956All539
Brij Mohan Lall, J. 1. This is a special appeal against the decision of a learned single Judge of this Court. The appellants are three examinees, being the students of G. S. Hindu Inter College, Sikandra Rao, district Aligarh, who appeared in the intermediate examination of 1954 conducted by the Board of High School and Intermediate Education, UP., in March and April of that year. Their college itself was a centre for the purposes of the examination. Some of the examinees were found using unfair means and were expelled' from the examination hall. The appellants were not among them. They completed their examination.The results were declared by the aforesaid Board in the Leader of 12-6-1954, and were again published in the U. P. Gazette dated 16-10-1954. In both these notifications the appellants were declared as successful candidates. The mark sheets were also sent to all colleges and therein also the appellants were shown as having passed the examination. They joined B.A. Classes in di...
Tag this Judgment!Banmali Vs. District Board, Jhansi
Court: Allahabad
Decided on: Mar-16-1956
Reported in: AIR1956All460
ORDERMehrotra, J.1. The applicant was appointed as assistant teacher in the primary school by the Jhansi District Board in the year 1948 in a temporary vacancy and was confirmed in July, 1951. As an assistant teacher he was paid a salary of Rs. 35/- plus Rs. 12/- as dearness allowance. In September, 1952, he was appointed head masterand was paid Rs. 45/- as basic pay plus Rs. 13/-p.m. as dearness allowance. He was entitled to an increment of Re. 1/- per year.In 1954 he was drawing the basic salary of Rs. 47/- plus Rs. 13/- as deamess allowance. In March, 1955, the applicant was informed by the District Board, Jhansi through its President that he had been reverted to the post of an assistant teacher from 1-2-1955 on account of some financial stringency in the Board.The petitioner alleges that he made several efforts with the Board to pay him his salary as head master but it has had no effect and consequently he filed the present petition under Article 226 of the Constitution praying tha...
Tag this Judgment!Sri Ram Varma Vs. the State
Court: Allahabad
Decided on: Mar-16-1956
Reported in: AIR1956All466; 1956CriLJ959
Raghubar Dayal, J.1. Sri Ram Varma was committed for trial to the Court of Session, Etah for offences under Sections 409 and 477A, Penal Code. The charge under Section 409 Penal Code was that he being a public servant in the employment of the Director of Medical and Health Services, U. P. at Etah and being entrusted with and having dominion over property in such capacity committed criminal breach of trust with respect of the said property to the extent of .Rs. 569-10-3 and thereby committed an offence punishable under Section 409, Penal Code.2. The charge under Section 477A was that he in the year 1947 at Etah wilfully and with intent to defraud, altered multilated falsified account which had been kept and maintained by him on behalf of his employer and made false entries in and committed to make entries & made alterations in material particulars in such books of accounts in the year 1947 and thereby committed an offence punishable under Section 477A, Penal Code.3. The sum of Rs. 569-1...
Tag this Judgment!Kashi Ram Vs. Kundan Lal and ors.
Court: Allahabad
Decided on: Mar-15-1956
Reported in: AIR1956All660
Brij Mohan Lall, J. 1. This and the connected First Appeals Nos. 364 and 379 of 1954 are defendants' appeals aaginst a decree of the learned Additional Civil Judge of Bijnor. 2. There are six brothers, viz. Kundan Lal, Banarsi Das, Kanshi Ram, Muuna Lal, Devi Chand and Shiva Prasad. They were members of a joint Hindu family till 31-8-1936 and owned, inter alia, a sugar mill known as S. B. Sugar Mills situate at Bijnor. On the aforesaid date a separation took place in the family and the six brothers agreed to hold the said mill thenceforward as a partnership concern, each owning a one-sixth share therein. From 1941 to 1944 Kundan Lal was the resident manager of the mill. 3. On 13-5-1944 Shiva Prusad instituted a suit (No. 105 of 1944) in the court of the Subordinate Judge of Lahore against Kundan Lal and other brothers for dissolution of partnership and for accounts. On the same day he put in an application for appointment of a receiver. 4. On 3-8-1944 the leraned Subordinate Judge appo...
Tag this Judgment!Bansi Vs. State
Court: Allahabad
Decided on: Mar-15-1956
Reported in: AIR1956All668; 1956CriLJ1272
B.R. James, J. 1.Bangi, a Taga Brahman, who has been sentenced to transportation for life under Section 302, I.P.C., and to rigorous imprisonment for three months under Section 426, I.P.C. has filed this appeal against his conviction and sentence.2. The person of the murder of whom the appellant has been found guilty was Chameli, a Bhangi woman of the appellant's village, who was the wife of one Thanwarya. The evidence of the eye-witnesses Sukhdeo, Sm. Ram Dei, Nand Kishore, Sagar Singh and Kali Chran establishes the following. Chameli had a piglet three months old. On the morning of 7-5-1953 it entered the appellants' house and thereby defiled it. The appellant was infuriated, went up to Chameli's house and brought her over to identify the animal.By then the animal had come out of the appellant's house and entered a neighbouring shed where a heap of arhar stalks was lying. No sooner had Chameli seized the animal and started dragging it out of the stalks then the appellant began hittin...
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