Allahabad Court December 1957 Judgments
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Ramesh Chandra Vs. State Government of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Dec-23-1957
Reported in: AIR1959All47
ORDERJ. Sahai, J. 1. The petitioner was in permanent government service and was working as court clerk of the Bench of Magistrates at Rajepur in the district of Farrukhabad. On 5-3-1952 he received an order from the officer in charge, collectorate, Far-rukhabad, asking him to submit his explanation about the report of the petitioner's attendance in the rally of Rashtriya Swayam Sevak Sangh volunteers held on 17-2-1952. The petitioner filed an explanation on 6-3-1952. This explanation bears an endorsement by one of the Bench Magistrates which is as follows : 'Submitted to officer in charge with remark that he was on head quarters on 17-2-1952.' On 13-5-1952 a charge sheet was served on the petitioner. He was suspended the same day. Thecharge is as follows : 'Whereas while you Ramesh Chandra Shukla were, working as court clerk to the Bench Magistrate, Rajepur, and took part in certain political activities which is a contravention of the Government Servants Conduct Rules, the following ch...
Brijlal Misra and anr. Vs. the Regional Transport Authority, Kanpur
Court: Allahabad
Decided on: Dec-23-1957
Reported in: AIR1958All390
ORDERJagdish Sahai, J.1. The petitioner No. 1 holds a Permit --being permit No. 408 for plying a stage carriage on Kalpi-Kotra route. This permit is valid upto October 1958. The petitioner No. 2 also holds a permit being permit No. 228 for plying a stage carriage on the same route. This permit is valid upto 1960. The petitioner's allegation is that this route was created in 1950 and originally the petitioner No. 2 alone was granted a Permit for running the stage carriage on this route. The petitioner No. 1 however began plying his stage carriage on the route from 1952 when the strength was increased by one more vehicle on this route. Certain representations were made for recognising certain routes and for increasing the strength of carriages on certain routes. Because of those representations the Secretary. Regional Transport Authority. Kanpur, by his letter No. 1388 RTA/80/Strength dated 7-10-1955, wrote to the District Magistrate of Jhansi for his views on the matter.It is alleged th...
State Vs. Shanker and ors.
Court: Allahabad
Decided on: Dec-23-1957
Reported in: AIR1958All432; 1958CriLJ710
H.P. Asthana, J. 1. This is an appeal by the State Government against the acquittal of the respondents on charges under Ss. 148 and 325 I. P. C. They were convicted by the trial Court on both these charges and they were each sentenced to a fine of Rs. 50/- under Section 148, I. P. C., and three months' rigorous imprisonment and a fine of Rs. 75/- under Section 325, I. P. C. They appealed against their conviction and sentence which was allowed by the learned Sessions Judge, Meerut, who set aside their conviction and sentence. 2. It appears that Smt. Mantahari was the owner of certain plots. She executed a lease on 21-6-1946 in favour of the respondents Shanker and Asa who got possession over the plots. The rival party Balwant and Hari did not like the lease rights granted by Smt. Manbhari with the result that there was civil & criminal litigation between them on one side and Shanker and Asa on the other. It may be mentioned here that in this litigation Smt. Manbhari supported the respon...
J.K. Cotton Spinning and Wvg. Mills Co. Ltd., Kanpur Vs. the Commissio ...
Court: Allahabad
Decided on: Dec-23-1957
Reported in: AIR1958All609
V. Bhargava, J.1. The question of law referred by the Income Tax Appellate Tribunal for the opinion of this Court is as follows:'Q. Whether the order of the Income Tax Officer under Section 23-A(1) of the Indian Income Tax Act is barred by limitation on the ground that it was passed on 14th March, 1946, in respect of the assessment year 1940-41, the relevant 'previous year' of the assessee company being calendar year 1939?''2. The assessee, which is a company incorporated under the Indian Companies Act, maintained accounts treating each calendar year as the year of account, so that the books of account were closed on the 31st of December every year. The company during the calendar year 1939 earned profits to the extent of Rs. 10,16,602/- which were assessed in the hands of the company in the relevant assessment year 1940-41. Out of these profits, dividends amounting to Rs. 4,05,000/- were declared at the annual general meeting of the assessee company held on 26th January, 1944, and tho...
Kundan Lal Agarwal and anr. Vs. State
Court: Allahabad
Decided on: Dec-23-1957
Reported in: AIR1958All643; 1958CriLJ1102
Raghubar Dayal, J.1. Kundan Lal Agarwal and Badri Prasad have applied in revision against the dismissal of their appeal by the IInd Civil and Sessions Judge, Luck-now, against their conviction for offences under Sections 482 and 486 of the Indian Penal Code.2. Kundan Lal is the proprietor and Badri prasad, an employee of the firm from whose premises were recovered certain quantities of soap with labels 'Sumbright', 'Sumlight', 'Sunleght' 'Lillyboy' on a search on 19-5-1953. It has been held by the courts below that the manufacturers have counterfeited the trade marks of Lever Brothers with respect to the name and the label of 'Sunlight' soap and 'lifebuoy' soap and that the applicants committed the offences under Sections 482 and 486, I. P. C., because they used goods with false mark and had in their possession goods with counterfeit marks. The courts below did not agree with the contention that the case of the accused came under any of the Clauses (a), (b) and (c) of Section 486, I. P...
Municipal Board, Lucknow Vs. Shyam Behari
Court: Allahabad
Decided on: Dec-20-1957
Reported in: AIR1960All117
N.U. Beg, J. 1. This is an appeal by the Municipal Board, Lucknow. It is directed against an order of acquittal of one Shyam Behari passed by Sri B. B. Misra, Civil and Sessions Judge, Lucknow.2. The respondent Shyam Behari was prosecuted for an offence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act (Act 37 of 1954) 1954. He was convicted by the trial Court and sentenced to pay a fine of Rs. 600/- or 'in the alternative, to undergo four months' simple imprisonment. On appeal he was acquitted by the learned Civil and Sessions Judge, Lucknow. Dissatisfied with the said judgment, this appeal has been filed by the Municipal Board, Lucknow, against the said order of acquittal.3. Shyam Behari is admittedly the owner and proprietor of a milk shop situate at Gwyane Road, Lucknow. One Ram Lal used to work as his servant at this shop. On the 15th of September, 1955, Sri O. P. Mehrotra, Food Inspector, paid a visit to this shop in the morning at about! 8.30 A. M. ...
L. Ram NaraIn Singh Vs. A. Sen
Court: Allahabad
Decided on: Dec-20-1957
Reported in: AIR1958All758; 1958CriLJ1278
M.L. Chaturvedi, J. 1. These two appeals arise out of two suits brought by the appellant Lala Ram Narain against Sri A. Sen and Sri Baltair Prasad for recovery of Rs. 10,000/- as damages for false imprisonment. 2. In August, 1944 Sri A. Sen was working as the District Supply Officer in Agra and Sri Balbir Prasad was working as an Inspector under him. The District Magistrate of Agra had promulgated a Brick and Cement Control Order under Rule 81 of the Defence of India Rules on the 31st March, 1944. This Brick and Cement Control Order was in supersession of a previous one promulgated in December, 1943. By the order of the 31st March, 1944, which is the control Order with which we are concerned in these appeals, the District Magistrate prohibited any person or local body from using or causing to be used pucca bricks and cement in the construction of any building or part thereof in the district of Agra, without first obtaining a permit for the same from the District Magistrate or the Distr...
N.K. Industries (Private) Ltd., Kanpur Vs. Regional Provident Fund Com ...
Court: Allahabad
Decided on: Dec-19-1957
Reported in: AIR1958All474; (1958)IILLJ19All
ORDERJ. Sahai, J. 1. The petitioner Messrs. N.K. Industries (Private) Ltd. are carrying on the business of manufacturing oil under the name and style of Messrs. Rajendra Prasad Oil Mills. With effect from June 1, 1954, a separate department for the manufacture of tins was established in the said mills. This department employs ten persons only. Messrs. Rajendra Oil Mills were informed by circular No. 168 dated August 2, 1956, by the Regional Provident Fund Commissioner, that the provisions of the Employees Provident Funds Act, 1952, had been extended to thirteen additional industries including edible oils and fats by means of notification No. S. R. O. 1956 dated 4th July, 1956.It is alleged by the petitioner that this letter was received sometime in the first week of August 1956. The Rajendra Oil Mills were dosed for indefinite period with effect from 4th August, 1956 and the factory was not working at the time when the circular was received. The factory resumed work in February 1957. a...
The Kanpur Tannery Ltd., Kanpur Vs. the Commissioner of Income Tax, U. ...
Court: Allahabad
Decided on: Dec-19-1957
Reported in: AIR1958All612; [1958]34ITR863(All)
V. Bhargava, J.1. The assessee company was dealing in the manufacture of leather goods during the accounting period, from 1-7-1945 to 30-8-1946 relevant to the assessment year 1947-48. In the year 1940, the War Risks (Goods) Insurance Ordinance had been promulgated under which the assessee company was required to insure its stock-in-trade. The company insured its goods for certain amounts in the years preceding the account year in question but, during the account year in question mentioned above, it appears that the Government detected that the assessee had failed to pay the proper insurance premium for the earlier years and not properly insured its goods.The Government, therefore, started a case against the company and eventually the Government demanded the premium, which had remained unpaid, in addition to the penalty for commission of the default. The demand originally was for a sum of Rs. 1,54,830/-. This demand was, however, reduced and the matter was ultimately compromised for a ...
Brijesh Kumar and anr. Vs. State
Court: Allahabad
Decided on: Dec-17-1957
Reported in: AIR1958All514; 1958CriLJ842
D.N. Roy, J.1. Brijesh Kumar, aged twenty years, and Shiv Narain alias Shiv Charan, aged twenty-eight, were charged along with one Lakhi with offences punishable under Sections 302 and 201, I. P. C., read with Section 34, I. P. C. Lakhi has been acquitted. The other two have been sentenced to death under the first count and to two years' rigorous imprisonment under the second count. They have appealed against their conviction and sentences. Along with their appeal there is the usual reference by the learned Sessions Judge for the confirmation of their death sentences.2. The charge against the appellants was that on the night between the 19th and 20th of June, 1956, between 10 p. m. and 1 a. m. they committed, in furtherance of their common intention, the murder of Battu Mal somewhere in the jungle of village Duhai and they caused the dead body to disappear with the object of escaping punishment.3. Briefly stated the prosecution story was as follows: Lala Battu Mal was a shop-keeper of ...
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