Allahabad Court April 1957 Judgments
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Tika Ram and ors. Vs. the State
Court: Allahabad
Decided on: Apr-03-1957
Reported in: AIR1957All755; 1957CriLJ1200
James, J. 1. Tika Ram Jatav, his brother Lala Ram, their brother-in-law Patl Ram and friend Bhika Jatav were tried for offences under Ss. 148 and 302/148, I. P. C.. for committing a riot with deadly weapons on the night between the 3rd and 4th April 1956 and murdering Sobha Ram Jatav of village Nagla Mehdi, police circle Chaubia in the district of Etawah. They were found guilty of both the offences. Under Section 148, I, P. C., they were sentenced to three years' rigorous imprisonment each, while under 8. 302/149, I. P. C.. Tika Ram and Lala Ram were sentenced to death, and Pati Ram and Bhika to life imprisonment. They have come up in appeal to this Court, while we have also before us the Sessions Judge's reference for confirmation of the death sentences awarded to Tika Ram and Lala Ram. 2. It may be noted that the appellants belong to district Mainpuri and that their villages are eighteen or twenty miles from Nagla Mehdi, the village in which the crime was perpetrated. 3. The deceased...
Karam Singh and anr. Vs. Nihal Khan and anr. Overruled
Court: Allahabad
Decided on: Apr-02-1957
Reported in: AIR1957All549
Randhir Singh, J.1. This appeal pending in the court of the District Judge Bahraich, has been withdrawn by an order of this Court under Article 228 of the Constitution for determination of the question whether Section 3 of U.P. Act XV of 1952, and Section 3 of U.P. Act XXXI of 1952 are valid.2. It appears that the applicant No. 1 Karam Singh obtained a lease from applicant No. 2 Sardar Karam Singh in respect of some plots of land with an aggregate area of Section 273 acres on 15-4-1952.This land was entered, according to the allegationsof the applicants, as Khudkasht of applicant no.2 in the papers. On 29-7-1952 after the vesting, asuit wag instituted by applicant No. 1 againstopposite party No. 1 for the possession of two plotsof land Nos. 1112/2 and 1115/1 on the allegationsthat opposite party No. 1 was in wrongful possession of these plots of land, which had been leased out to the applicant No. 1 by the applicant No.2, who was before the vesting the landlord of theland in dispute. 3...
L. Manmohan Dass and ors. Vs. Shaikh Bahab UddIn and ors.
Court: Allahabad
Decided on: Apr-02-1957
Reported in: AIR1957All740
Beg, J.1. We have four appeals before us. All these four appeals arise out of proceedings under the U. P. Encumbered Estates Act. First Appeal No. 494 of 1943 is connected with First Appeal No. 51 of 1944. These are cross appeals. First Appeal No. 494 of 1943 is filed by the creditors and First Appeal No. 51 of 1944 is filed by the landlords. Both these appeals arise out of Encumbered Estates Act case No. 89 of 1936. The two other appeals are First Appeal No. 493 of 1943 and First Appeal No. 535 of 1943. Both of them are Connected appeals. They arise out of Encumbered Estate Act Case No. 88 of 1936. Both these, appeals have been filed on behalf of the creditors. First Appeal No. 51 of 1944 which is a cross appeal by the landlords, was not pressed before us and is dismissed with costs. The remaining three appeals by the creditors involve two questions.2. The first question is whether the documents of transfer on the basis of which the landlords claimed relief, on a proper interpretation...
Tej Bahadur Vs. Pearelal and ors.
Court: Allahabad
Decided on: Apr-02-1957
Reported in: AIR1957All734
Desai, J. 1. This is an appeal from an order of our brother Sri Narain Salmi refusing to issue a certificate to the appellant for the refund of court-fee.2. The appellant filed a second appeal in this Court and paid ad valorem court-fee amounting to Rs. 142/8/- on it; that was the proper amount of court-fee payable on the memo of appeal. No second appeal lay and the appeal would have been dismissed but for the request of the appellant that it might be treated as an application in revision under Section c C. P. C., which request was granted, on an application for revision less court-fee was payable than had been paid by the appellant; consequently he made an application purporting to be 'an application under Section 115, C. P. C., in Civil Revision No. 1140, of 1953' praying for refund of the excess amount of court-fee. The application was dismissed by our learned brother who was not satisfied that any case had been made out for refund. This special appeal has been filed under Chapter V...
Ved Prakash and anr. Vs. Commissioner of Income-tax and ors.
Court: Allahabad
Decided on: Apr-01-1957
Reported in: AIR1957All711; [1957]32ITR133(All)
Mehrotra, J.1. This is an appeal against the judgment of a single Judge of this Court on an application under Article 226 of the Constitution. The facts briefly are that the two appellants are brothers and they own a number of firms which were registered in accordance with the provisions of the Income-tax Act. They also hold shares in a private limited company known as Messrs. Tika Ram and Sons Ltd., Aligarh.The position in 1951 was that assessments on account of income-tax had been completed for the years 1944-45, 1945-46 and 1946-47 but the income-tax assessment proceedings for the later years were pending. On 19th May, 1951, the Ministry of Finance, Government of India issued a press notification which contained two parts. The first part dealt with concessional scheme for payment of arrears and the second part dealt with 'voluntary disclosure of income'.This scheme was subsequently supplemented by another notification dated 18th July 1951. The purport of the first press notification...
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