Allahabad Court August 1958 Judgments
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Regional Provident Fund Commissioner, U.P., Kanpur Vs. Great Eastern E ...
Court: Allahabad
Decided on: Aug-28-1958
Reported in: AIR1959All133
O.H. Mootham, C.J. 1. This is an appeal from an order of Mr. Justice Mehrotra dated 23-4-1956.2. The respondent is a Company incorporated under the Indian Companies Act which carries on business in Allahabad. The Employees Provident Funds Act (hereinafter called 'the Act') came into force on 4-3-1.952, and later in that year the Central Government framed a Provident Fund Scheme under Section 5 thereof. Thereafter the appellant, who is the Regional Provident Fund Commissioner, Uttar Pradesh, called upon the respondent Company to make payment of the contributions and administrative charges tor which provision is made in the Act, with effect from November of that year.The respondent Company contended that the provisions of the Act did not apply to its factory and filed a writ petition in this Court, No. 478 of 1953. Thereafter negotiations took place between the appellant and the respondent Company as a result of which the writ petition was not pressed and was dismissed in December, 1954....
Lakshmi NaraIn Vs. the State
Court: Allahabad
Decided on: Aug-28-1958
Reported in: AIR1959All164; 1959CriLJ283
A.N. Mulla, J.1. This is a criminal revision filed by head constable Lakshmi Narain who belonged to the armed police. He was sent to jail on the 4th of November, 1957. It seems to us that the applicant along with some other police men wanted to have a redress of certain grievances and the applicant and his companions went on hunger-strike on the 1st of November, 1957 while they were still outside. When the applicant came to the jail, he continued his hunger strike and in spite of repeated attempts made by the jail authorities to persuade him to take food, he refused to do so.The jail authorities warned the applicant repeatedly that this is a major offence against jail discipline and the Superintendent of jail also punished him on some occasions in order to persuade him to give up his hunger-strike. These attempts, however, proved unsuccessful and finally the Superintendent of Jail felt that he could not adequately punish the applicant for this continuous breach of jail rules and discip...
Roop Kishore Vs. Rent Control and Eviction Officer, Moradabad and ors.
Court: Allahabad
Decided on: Aug-28-1958
Reported in: AIR1959All433
ORDERS.S. Dhavan, J. 1. This is a petition under Article 226 of the Constitution impugning the legality of an order of the Rent Control and Eviction Officer, Morada-bad, dated 28th July, 1956, directing the petitioner to vacate a particular shop in Moradabad or in default, directing his eviction by the use of Police force. 2. The case of the petitioner as stated in the affidavit supporting the petition is this: One Smt. Sundaria was the tenant of shop No. 22, Railway road, Moradabad for a long time. The petitioner entered into partnership with her in May, 1955, and ever since that date he and Smt. Sundaria were in joint possession. She died on 2nd May 1958 leaving a son Balbir. The petitioner continued the partnership with Balbir and has been in possession of the shop. The partners are running a hotel business there. 3. The Rent Control and Eviction Officer served a notice on the petitioner under Section 7-A of the U. P. (Temporary) Control of Rent and Eviction Act. The petitioner was ...
Deep Chand Saxena Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Aug-28-1958
Reported in: (1959)ILLJ357All
Jagdish Sahai, J.1. The petitioner was appointed on 11 October 1935 as a rural development organizer. On 30 September 1943 he was appointed as an agriculture supervisor. On 30 July 1948, he was working as incharge supervisor, Central Seed Store, Budaun, when he was suspended. On 23 October 1948, a chargesheet was served on him to which the petitioner submitted an explanation. On 25 November 1948 he was called by the Circle Accounts Officer at Bareilly and some enquiries were made from him on 29 and 30 November and 1 December 1948. The Circle Accounts Officer reported the proceedings to the Deputy Director of Agriculture, Bareilly, who recommended to the Joint Director of Agriculture, Lucknow, that a bad entry be made in the character roll of the petitioner and the proceedings initiated by the chargesheet be withdrawn. The Joint Director of Agriculture ordered that the matter be referred to the District Magistrate, Budaun, for prosecution of the petitioner in a criminal Court. A case wa...
Thakur Chand Dwadeshreni Vs. State Through G.D. Bishnoi
Court: Allahabad
Decided on: Aug-27-1958
Reported in: AIR1960All91; (1959)ILLJ233All
ORDERA.P. Srivastava, J.1. This is an application under Section 561A of the Code of Criminal Procedure. It raises a very short point. That point is whether a court can take cognizance of an offence punishable under the provisions of the Factories Act on a complaint filed by the Chief Inspector of Factories.2. Against the applicant a complaint was filed by the Chief Inspector, of Factories and when the case came up before the learned Magistrate a point was raised that the court had no power to take cognizance of the case because the complaint was incompetent, having been filed not by an Inspector but by a Chief Inspector. This contention was rejected by the learned Magistrate who in support of his view relied on a decision of a learned single Judge of this Court in Criminal Misc. No. 422 of 1955; Gopi Nath Bhargava v. State, decided on 2nd February, 1956 (Lucknow Bench).3. The contention which was overruled by the learned Magistrate has been repeated in this Court and it is urged on tha...
Bhagwan Dass Vs. Ganga Prasad
Court: Allahabad
Decided on: Aug-27-1958
Reported in: AIR1959All92
B. Upadhaya, J.1. This is a judgment-debtor's appeal arising out of execution proceedings. The decree to he executed was one for costs passed by the High Court in a Civil Revision. The objection taken by the judgment-debtor was that the court of the Munsif bad no jurisdiction to execute the decree, in view of the provisions of Section 38 of the Code of Civil Procedure. The objection was overruled by the executing court and the decision was affirmed in appeal. Learned Counsel has referred me to the provisions of Sections 38 and 37 of the Code of Civil Procedure and relies on a decision of the Calcutta High Court in Durga Charan Banerjee v. Smt. Benodini Devi reported in : AIR1944Cal301 .2. Section 38 of the Code of Civil Procedure reads as follows :'38. A decree may be executed either by the court which passed it or by the court to which it is sent for execution.'In the preceding Section 37 the expression 'Court which passed a decree' has been explained as follows:'37. The expression 'C...
Shiva Vikash Trivedi Vs. Allahabad University
Court: Allahabad
Decided on: Aug-27-1958
Reported in: AIR1960All198
ORDERB.R. James, J.1. This petition by Shiva Vikash Trivedi under Article 226 of the Constitution seeks the quashing of an order of the Executive Council of the University of Allahabad cancelling the result of the petitioner's LL.B. (Previous) Examination of 1957 and! debarring him from the Examination of 1958 on the ground of using unfair means in the Examination of 1957.2. It is common ground that the petitioner appeared as an ex-student at the LL.B. (Previous) Examination of the University in 1957, and the Examination was held in April of that year. He was given a seat in the vicinity of a bamboo lattice (tat-tar) in the verandah of the Physics Department. On the 25th April while the Examination was in progress two pieces of paper containing notes on law in his hand writing were found below his Examination desk. The invigilator, Assistant Professor R.S. Gupta, detected them, and after a preliminary questioning recorded the petitioner's replies on a typed sheet of paper. Thereafter, ...
Ram Prasad Singh Vs. State
Court: Allahabad
Decided on: Aug-27-1958
Reported in: AIR1959All529; 1959CriLJ1032
V.D. Bhargava, J.1. This is an appeal against an order passed under Section 476, Cr. P. C., for a complaint to be filed against the appellant under Section 193, I. P. C.2. A preliminary objection has been taken on behalf of the State that no appeal lies because at the present moment the order is only that a complaint be filed under Section 193, I. P. C. and actually no complaint has been filed, the appeal being provided under Section 476-B as against the filing of the complaint and not against an order directing a complaint to be filed. I am unable to agree with this contention. After the order of the court for lodging a complaint under Section 193, it is only a ministerial action which has to be performed by the office and no further order is necessary from the court. An appeal always lies from an order of the court and not from its actual execution by the office.If after the order no further order was necessary by the court then in that case how can it be said that an appeal would li...
Joti Prasad Agarwal and ors. Vs. Income Tax Officer (B) Ward Mathura
Court: Allahabad
Decided on: Aug-26-1958
Reported in: AIR1959All456; [1959]37ITR107(All)
V. Bhargava, J. 1. The ten petitioners, who have filed this petition under Article 226 of the Constitution, were admittedly members of an association of personsknown as the District Khand Kothiwal Association, Kasganj, which was formed under a scheme formulated by the Collector of Etah for distribution of khandsari sugar at controlled rates. The Association functioned between the 8th of January, 1947, and 6-1-1948. Certain profits were earned by the Association during this period.The profits thus earned were shown as income in the individual account books of all the members of the Association. Out of the 30 members, 23 were assessed to income-tax. Those members, whose income was taxable, were assessed to income-tax even in respect of their share of profits earned by the Association and the tax levied was paid by them.Subsequently, on 1-3-1952, the Income-tax Officer assessed the income of the Association for the two assessment years 1947-48 and 1948-49 at Rs. 70,000/- and Rs. 50,000/- ...
B. Prag NaraIn Vs. U.P. Government
Court: Allahabad
Decided on: Aug-25-1958
Reported in: AIR1959All214
1. This is an appeal by Babu Prag Narain with a certificate to appeal to this Court under Section 3(1) (b) of the U. P. Town Improvement (Appeals) Act (Act No. III) of 1920 by the Tribunal Improvement Trust, Kanpur created under the Act. By the time the Tribunal could grant the certificate, the said Act had been repealed and replaced by the Kanpur Urban Area Development Act, (U. P. Act No. VI of 1945) and, therefore, (permission to the appellant to appeal was granted under Section 119 of that Act.2. It appears that a compound containing structures belonging to the appellant Babu Prag Narain, situate within the area to which the Act applied, was acquired under the Town Improvement Act read with the Land Acquisiton Act of 1894. The Land Acquisition Officer awarded compensation at 14 years annual rental value. Babu Prag Narain, the awardee, was dissatisfied with the compensation and he made an application praying that under Section 18 of the Land Acquisition Act of 1894 read with Section ...
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