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.
Sakhawat Ali Vs. Ali HusaIn and ors.
Court: Allahabad
Decided on: Feb-07-1957
Reported in: AIR1957All356
Upadhaya, J 1. In this second appeal the main question to be decided is as to whether the plaintiff appellant is entitled to the benefit of Section 4 of the Partition Act. The decision of a learned single Judge of this Court in Rukmi Sewak v. Mt. Munesari : AIR1953All332 , has been overruled by a bench of this Court in Ramzan Baksh v. Nizamuddin, S. A. No. 850 of 1952: : AIR1956All687 . In that, case the bench has accepted it as a well known principle that 'a party to a partition suit, whether plaintiff or defendant, is for many purposes at the same time a plaintiff as well as a defendant'. The decision of the Patna High Court in Sheodhar Prasad Singh v. Kishun Prasad Singh, AIR 1941 Pat 4 (C), and the decision of the Calcutta High Court in Abu Isa Thakur v. Dinabandhu Banik : AIR1947Cal426 , were considered by the bench to be distinguishable on facts.It was, however, observed that the bench found it unnecessary to 'venture upon the opinion as to whether the view should be followed.' I...
Gaya Prasad Vs. the State
Court: Allahabad
Decided on: Feb-06-1957
Reported in: AIR1957All459; 1957CriLJ803
Roy, J.1. The appellants Gaya Prasad and Behari Lal are two young boys aged about eighteen or nineteen years. They are Patwas by caste and reside in village Malaka in district Fatehpur which is situate at a distance of about five miles from police station Fatehpur. Gaya Prasad was a student of Class X of Anglo Sanskrit College attached to the Government Higher Secondary School at Fatehpur and was appearing at the High School Examination on the relevant date. Behari Lal was following his ancestral occupation of Patwagiri or the threading of ornaments.They were charged with having committed the murder of one Kumari Raj Dulari, the daughter of Badri Prasad Baniya who was carrying on a flourishing business, in that village, on 7th of April, 1956, some time in the day and also for having committed robbery of the property of Badri Prasad. Kumari Raj Dulari was aged about nine or ten years. Badri Prasad's wife died about four years back. Badri Prasad has a son by name Ram Prasad aged about tw...
L.R. Brothers Vs. the Commr. of Income Tax
Court: Allahabad
Decided on: Feb-04-1957
Reported in: AIR1957All749
V. Bhargava, J. 1. The following question has been referred by the Income-tax Appellate Tribunal for opinion to this Court in compliance with the orders passed by this Court under Section 66 (2) of the Income Tax Act :'Whether there was any material on which the Tribunal could come to the conclusion that the amount of Rs. 68,958/- out of the cash deposits appearing in the assessee's personal accounts represented his concealed income of the previous year of the assessment year 1945-46?'2. It appears from the statement of the case submitted by the Tribunal that in the accounts submitted by the assessee there were two accounts in the name of the sole proprietor Sri M. L. Garg. One was the personal account of the proprietor and the other was a loan account. These two accounts showed various defects as well as some withdrawals during the previous year in question. In the loan account there were withdrawals to the extent of Rs. 47,222/8/-, which were made in the month of March just before th...
Western U.P. Electric Power and Supply Company Ltd. Vs. Town Area and ...
Court: Allahabad
Decided on: Feb-01-1957
Reported in: AIR1957All433
Srivastava, J. 1. This is a petition under Article 226 of the Constitution praying for the issue of a writ in the nature of certiorari or any other suitable writ, order or direction quashing the order dated the 5th September, 1955 and all proceedings relating to the assessment of the applicant for the years 1952-53, 1953-54 and 1954-55 in respect of circumstances and property tax.2. The applicant is an incorporated company having a branch at Jaswantnagar in the district of Etawah. Its head office is located at Delhi. It carries on the business of supplying electricity at several places including Jaswantnagar. The town of Jaswantnagar is situate within the jurisdiction of the Town Area Committee of that place constituted under the U. P. Town Areas Act (Act No. II of 1914).Holding that the applicant was liable to pay circumstances and property tax, the Town Area Committee of Jaswantnagar has assessed the applicant to a tax of Rs. 250 per year for the threeyears 1952-53, 1953-54 and 1954-...
Rai Krishan Saran and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-01-1957
Reported in: AIR1957All455
ORDERMukerji, J. 1. This is a petition by six persons under Article 226 of the Constitution against five named respondents; the respondents to the petition are (1) The State of Uttar Pradesh, (2) The Sub-Divisional Officer, Chunar, District Mirzapur, (3) Gram Samaj, Jalalpur, District Mirzapur, (4) Gram Samaj, Arazi Sultanpur, District Mirzapur, and (5) Gram Samaj, Aibakpur Muhana, District Mirzapur. The prayers that have been made by the petitioners are these: (a) that a writ of certiorari or other direction or order may be issued quashing the order dated the 24th of November 1955, passed by respondent No. 2; and (b) that a writ of prohibition, or other direction or order as the Court may deem fit be issued restraining the respondents from interfering in any way with the rights of the petitioners to the ferry situate at village Arazi Lain, Sultanpur, District Mirzapur. The petitioners also claimed an ad interim injunction, which, it may be pointed out, was granted to the petitioners ...
B. Jangi Lal Vs. B. Panna Lal and anr.
Court: Allahabad
Decided on: Feb-01-1957
Reported in: AIR1957All743
Beg, J.1. This is a plaintiff's appeal arising Out of a suit praying for the removal of defendant No. 1 from his office as manager and of defendants Nos. 2 and 3 from their office as trustees of a private endowment, and for his own appointment as manager of the same. The plaintiff further sought an injunction restraining the defendants from managing the endowed property or interfering with its management in future. The plaintiff also claimed rendition of accounts from defendant No. 1 the manager. The dispute in the present case relates to a private endowment which was created by one Chhunnu Lal an ancestor of the plaintiff in the year 1893 by a written deed.By this deed of endowment Chunnu Lal dedicated some properties to the idols of Sitaramji and other deities. For the management of this endowment he framed an elaborate scheme in the deed executed by him. According to this scheme, he was himself to be the manager of this endowment for his life time, and, after his death, his son Jaga...
- ‹ Prev
- 1
- 2
- Next ›