Allahabad Court February 1957 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
State Vs. Sahati Ram and anr.
Court: Allahabad
Decided on: Feb-22-1957
Reported in: AIR1958All34; 1958CriLJ8
Roy, J.1. Sahati Ram and Dudh Nath respondents were prosecuted on the complaint of the Health Officer. Banaras Municipal Board of an offence under Section 4 read with Section 42 of the U. P. Pure Food Act 1950 for having sold adulterated ghee on the 15th July 1953 to a Pood Inspector of the Banaras Municipality.2. The prosecution led evidence about the purchase of the ghee and about sending a sample of it to the Public Analyst to U. P. Government and filed a certificate received from the Public Analyst. This certificate is reproduced below:'I. the undersigned, Public Analyst, Government. U. P. hereby certify that I received a sample of ghee No. 877 on 27th July 1953, from the Medical Officer of Health, Municipal Board Banaras. far analysis (which weighed at the time .....). I analysed it and notify the following result: In my opinion this sample is adulterated. In my opinion fhe greater part of this sample consists of fat or oil which is foreign to the pure substance.' 3. The defence t...
Mst. Shujarat and anr. Vs. Mohammad Raza
Court: Allahabad
Decided on: Feb-22-1957
Reported in: AIR1957All450
Tandon, J. 1. The facts revealed in this revision are briefly as follows:2. The plaintiff Mohammad Raza, who is the opposite party, brought a suit for restitution of conjugal rights against Smt. Shujarat, his wife. After the suit had proceeded for sometime an application was presented on behalf of the defendant applicant that the dispute in the suit had been adjusted between the parties by a compromise reached between them, and that according to the compromise the defendant had been divorced by the plaintiff. A writing was also produced which, according to the defendant, the plaintiff had executed. It was Ex. A-1 and was in the nature of a deed of divorce. The plaintiff disowned this document and urged that his signatures had been taken on a blank sheet of paper which later appeared to have been dishonestly utilized by the opposite party to forge the above document There was thus very specific and definite denial' by the plaintiff that he ever entered into any agreement divorcing Srima...
Sadhu Misir Vs. Jhingur
Court: Allahabad
Decided on: Feb-21-1957
Reported in: AIR1957All438
Gurtu, J.1. This is an unfortunate case. The appellant obtained a decree on the 14th of November, 1932. The judgment debtor filed an insolvency petition on the 29th of April, 1933. He was adjudicated insolvent on the 26th of August, 1933. The adjudication was annulled on the 12th of January, 1913. Then the decree holder made an application on the 13th of September, 1945 for the execution of his decree. The judgment debtor objected that the execution application was time barred. The decree holder being outside the benefit of Section 14 of the Limitation Act asserted that the effect of mentioning the debt in the application for insolvency was that the liability was acknowledged by the judgment debtor and that therefore a fresh period of limitation had to be computed from the date when the acknowledgment was made in the application for insolvency.Unfortunately, in the application for insolvency, the decree which had been obtained on the 14th of November, 1932 was not mentioned. Only the d...
State Vs. Lachmi Chand
Court: Allahabad
Decided on: Feb-21-1957
Reported in: AIR1957All548; 1957CriLJ915
Roy, J.1. This is an appeal by the State against an appellate order dated the 23rd of October, 1953, passed by the learned Additional Sessions Judge of Etawah by which he set aside the conviction and sentence of Lakshmi Chand passed by a Magistrate on the 17th of July 1953, under Section 17 of the U. P. Prevention of Adulteration Act (No. VI of 1912). The sentence was a sentence of fine of Rs. 100/- only. The learned Magistrate found that on the 2nd of January, 1953. Lakshmi Chand was found selling and storing ghee for sale without a license, the license having been required under Section 16 of the U. P. Prevention of Adulteration Act (No. VI of 1912) as amended by Acts 1 of 1956, 2 of 1930 and 13 of 1932 and under Rules which have been framed by the local Government under that Act.The Additional Sessions Judge was of the view that the U. P. Prevention of Adulteration Act (No. VI of 1912) was repealed by the U. P. Pure Food Act (No. XXXII of 1950), (wrongly quoted by the Judge as Act N...
Abdul Shakur and ors. Vs. Kotwaleshwar Prasad and ors.
Court: Allahabad
Decided on: Feb-19-1957
Reported in: AIR1958All54
Chowdhry, J. 1. This is a second appeal under the second proviso or, in the alternative, a revision under the first proviso, to Section 75 of the Provincial Insolvency Act, 1920. by the three creditors Abdul Shakur, Abdul Rashid and Abdul Wahid, against. the appellate decision of the learned District Judge of Kanpur, dated 18-12-1951, whereby the order of the Insolvency Judge under Section 68, dated 12-4-1948, directing the debts due to the present appellants to be scheduled under Section 33 of the Act, was set aside and that of the Official Receiver, dated 1-4-1946, dismissing the claims, of the present appellants restored.2. The present creditors applied for the insolvency of the respondent Kotwaleshwar Prasad on 11-8-1936 on foot of three pronotes in, their favour aggregating Rs. 22.500 in value. The petition for insolvency was opposed by the debtor, but eventually it was allowed on 8-10-1937 on an admission of the debtor himself. An interim receiver was appointed and, under the pow...
Bhagwandas Burnwal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-19-1957
Reported in: AIR1957All375
ORDERMehrotra, J.1. This is an application under Article 226 of the Constitution praying that a writ of mandamus be issued directing the opposite parties' Nos. 1, 2 and 3, the State of Uttar Pradesh, the District Magistrate of Mirzapur and the Civil and Sessions Judge of Mirzapur, not to act upon the resolution passed in the meeting of the 15th of December, 1956, purporting to be a motion of non-confidence against the petitioner as if passed by a majority of more than half members constituting the board. Further it is prayed that a mandamus be issued restraining the opposite parties Nos. 1 and 2 from interfering with the petitioner functioning as President of the board.2. The petitioner was elected President of the Mirzapur Municipal Board in the general elections of the town in October 1953 on a Jan Sangh ticket. It is asserted by the petitioner that the members of the Congress Party in the Board were attempting to oust the petitioner from the presidentship of the Municipal Board. In ...
Sahu Ram Kishan Vs. the State of U.P.
Court: Allahabad
Decided on: Feb-18-1957
Reported in: AIR1958All35
V. Bhargava, J. 1. In compliance with the order of this Court dated 4-3-1955 the Board constituted under the Agricultural Income-tax Act has referred the following question for the opinion of this Court: Whether on the facts of this case the assessment of Sahu Ram Kishan in the status of a Hindu undivided family is right in law? The statement of the case shows that Sahu. Ram Kishan has eight sons and a wife. The notice for assessment of the Agricultural Income-tax for the year 1955 was issued to Sahu Ram Kishan alone. He filed a return in which he had shown his individual income and he averred that a partition had taken place between him and his sons so that he could not be assessed in respect of the entire income of the family. He was assessed in respect of the entire income of the family except for the share of one of his sons, viz., Om Prakash who was held to be separate. His appeal before the Commissioner and his revision, before the Board were unsuccessful. He then applied to this...
Mohd. Abdul Jalil Khan Vs. State
Court: Allahabad
Decided on: Feb-18-1957
Reported in: AIR1958All38
V. Bhargava, J.1. The Revision Board under the Agricultural Income-tax Act has referred the following question for our opinion :'Whether an assesses should be assessed separately on the income of his personal property and the income of the wakf property held by him as a Mutawalli of Wakf Alal-aulad or there should be one assessment of both the properties taken together?'According to the statement of the case, the assessee Abdul Jalil Khan is Mutawalli of a wakf created by his wife Musaratunnisa Begam in respect of property from which agricultural income is derived. In addition. Abdul Jalil Khan has his own property from which agricultural income accrues to him. The Commissioner of Agricultural Income-tax by his order directed that the income received by the assessee from both the sources should be added together and agricultural income-tax should be assessed on the total income received by the assessee. The assessee thereupon came up in revision before the Revision Board. The Revision ...
Massood Ali Khan and ors. Vs. Ashfaq Mohammad Khan and ors.
Court: Allahabad
Decided on: Feb-18-1957
Reported in: AIR1957All395
V.D. Bhargava, J.1. This is a defendants appeal arising out of a suit for a declaration that a certain Waqfnama executed by Faqir Mohammad Khan was not binding on the plaintiffs, because, firstly, it was not properly executed and secondly, it was executed during the illness which amounted to marzulmaut. The defence was that this deed was not executed during the illness and was executed with the free will and free mind. The first court dismissed the claim with costs. The Lower appellate court reversed the decree and decreed the plaintiffs' suit. Aggrieved by that decision the defendants have come to this Court.2. Faqir Mohammad Khan was an aged man of more than seventy years old and according to the finding of both the courts he was suffering from pneumonia before his death. The deed was executed on the 5th of February 1946, and he died a few days later i.e., on the 26th of February 1946. The appellate court has taken into considerationthe fact that he was an old man suffering with pneu...
Sahu Ram Kishun Vs. State of Uttar Pradesh.
Court: Allahabad
Decided on: Feb-18-1957
Reported in: [1957]31ITR895(All)
In compliance with the order of this Court dated 4th March, 1955, the Board constituted under the Agricultural Income-tax Act has referred the following question for the opinion of this Court :'Whether on the facts of this case the assessment of Sahu Ramu Kishan in the status of a Hindu undivided family is right in law ?'The statement of the case shows that Sahu Ram Kishan has eight sons and a wife. The notice for assessment of the agricultural income-tax for the year 1955 was issued to Sahu Ram Kishan alone. He filed a return in which he had shown his individual income and he averred that a partition had taken place between him and his sons so that he could not be assessed in respect of the entire income of the family. He was assessed in respect of the entire income of the family except for the share of one of his sons, viz., Om Prakash who was held to be separate. His appeal before the Commissioner and his revision before the Board were unsuccessful. He then applied to this Court whi...
- ‹ Prev
- 2
- 3
- Next ›
- Last »