Allahabad Court January 1959 Judgments
MoinuddIn and ors. Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Jan-30-1959
Reported in: AIR1960All484
ORDERS.S. Dhavan, J.1. This is a petition under Article 226 of the Constitution impugning the decision of the State Government to impose a qualification test on the petitioners before granting them the new scales of pay and praying for an order directing the State to place the petitioners in the aforesaid higher revised scale of pay unconditionally.2. The facts, as stated in the affidavit supporting the petitioners, are these. The petitioners, who are 37 in number, are Auditors in the Cooperative Department of the State of Uttar Pradesh. They have varying lengths of services to their credit, the number of years for each is being specified iu paragraph 5 of the affidavit. They have been engaged in what the petitioners describe as the 'highly qualified work of auditing.' At the time of the recruitment of the petitioners the minimum educational qualification was the passing of the Intermediate Examination or any equivalent examination thereof. Previously the entire auditing Department con...
Tag this Judgment!Trilok Chand Vs. Ram Gopal
Court: Allahabad
Decided on: Jan-30-1959
Reported in: AIR1959All750
ORDERV.D. Bhargava, J.1. This is an application in revision filed against an order restoring an appeal under Order 41, Rule 21, Civil P. C. The appeal was pending in the court of the District Judge at Meerut. The respondent of the appeal who is an opposite party here had filed the vakalatnama of one Sri Tilk Ram Vakil. The case remained pending in the Court of the District Judge and later on it was transferred to the Court of the Judge Small Causes. No information of the date of hearing of the appeal was given to the client and the appeal was allowed ex parte.2. The appeal was heard on the 3rd of March 1951 and decreed ex parte on 10th of March 1951. It appears that the counsel of the respondent had died and therefore no information could be sent to the client. The client later on when came to enquire in August, learnt that the appeal had been allowed ex parte. Thereafter he made an application for the restoration of the appeal and the court below granted it on payment of Rs. 15/- as c...
Tag this Judgment!Chhotey Lal Vs. Charanjit Lal Anand, Addl. Munsif, Banda
Court: Allahabad
Decided on: Jan-28-1959
Reported in: AIR1960All230
ORDERS.S. Dhavan, J.1. This is a petition under Article 227 of the Constitution praying in effect, for the quashing of the entire proceedings before the learned Additional Munsif, Banda, who had issued a notice to the petitioner to show cause why he should not be prosecuted for perjury but, after hearing his explanation, discharged the notice after administering a warning to the petitioner to be careful in future and to tell the truth whenever he appears before courts of law.2. The facts as stated in the affidavit supporting the petition are these. A suit was filed by a man called Baij Nath before the Additional Munsif, Ban-da the respondent for the recovery of a sum of Rs. 2000/-. The petitioner defended the suit, denied any liability and gave evidence in support of his case. The learned Munsif dismissed Baij Math's suit by his judgment dated 23-1-1958. Three weeks later he issued a notice on 13-2-1958 directing the petitioner to show cause why proceedings should not be taken against ...
Tag this Judgment!Chhotey Lal Vs. Charanjit Lal Anand, Addl. Munsif
Court: Allahabad
Decided on: Jan-28-1959
Reported in: 1960CriLJ441
ORDERS.S. Dhavan, J.1. This is a petition under Article 227 of the Constitution praying in effect, for the quashing ol the entire proceedings before the learned Additional Munsif. Banda, who had issued a notice to the petitioner to show cause why he should not be prosecuted for perjury but, after hearing his explanation, discharged the notice after administering a warning to the petitioner to be careful in future and to tell the truth whenever he appears before courts of law.2. The facts as stated in the affidavit supporting the petition are these. A suit was filed by a man called Baij Nath before the Additional Munsif, Banda the respondent for the recovery of a sum of Rs, 2000/-. The petitioner defended the suit, denied any liability and gave evidence in support of his case. The learned Munsif dismissed Baij Nath's suit by his judgment dated 23-1-1958. Three weeks later he issued a notice on 13-2-1958 directing the petitioner to show cause why proceedings should not; be taken against ...
Tag this Judgment!Kr. Vishva Nath Singh Vs. the State
Court: Allahabad
Decided on: Jan-23-1959
Reported in: AIR1959All637
B. Mukerji, J.1. On the 27th February, 1956, a Bench of this Court directed the Board of Agricultural Income-tax to state a case. The Board has in accordance with that direction stated the case. This statement covers cases of three assessees which were referred to as References Nos. 310, 311 and 312 of 1956. These assessments related to district Si'tapur. All these references raise the same question. The question of law which was raised at the time when this Court directed the statement of case by the Board was formulated thus:'Whether the loss incurred by the assessee under Section 6(2)(b) should be set off against the income under Section 5 of the Agricultural Income-tax Act to determine the total agricultural income of the assessee?' Under Section 2(16) the phrase 'total agricultural income' has been defined thus: ' 'total agricultural income' means the aggregate of the amounts of agricultural income of the different classes specified in Sections 5 and 6 determined respectively in t...
Tag this Judgment!Nirankar Prasad Vs. Director of Industries and ors.
Court: Allahabad
Decided on: Jan-23-1959
Reported in: AIR1959All681
ORDERS.S. Dhavan, J.1. This is a petition under Article 226 of the Constitution filed by a student of the Government Technical Institute, Lucknow, praying for the quashing of certain. letters written by the Joint Director of Industries, U. P. Kanpur in which that Officer refused his request for being declared successful in the examination for the diploma in the Mechanical and Engineering Course. The petitioner also prays for a direction in the nature of mandamus commanding the Director of Industries and the other respondents to declare him successful in the aforesaid examination. The petition is supported by an affidavit sworn by the petitioner himself. He makes the following allegations.After having passed the High School Examination in 1951, he joined Mechanical Engineering Training class in the Government Technical Institute, Lucknow in 1954. There is a three years course of study for this diploma which is awarded after the student is successful in the final examination. The petitio...
Tag this Judgment!Sheo Kumar Dwivedi and ors. Vs. Thakurji Maharaj Brijman and anr.
Court: Allahabad
Decided on: Jan-22-1959
Reported in: AIR1959All463
B. Mukerji, J.1. This is an application in revision by the defendants against the order of a Munsif of Lucknow granting permission to the plaintiff to withdraw his suit and further to file a fresh suit on the same cause of action. This application in revision originally came up before a learned single Judge who thought it desirable, because a large number of decisions had been cited before him on the question whether or not a revision lay, to refer it to a Bench and that is how this revision has now been listed before us.2. The suit out of which this revision has arisen was filed by Shri Thakurji Maharaj Brijman in the house of late Pandit Brahmadin through his Shibait and Sarbarkar, Pt. Hari Shanker. The suit apparently was for a declaration of title to some property. It also is clear, at any rate from the referring order, that the success of the plaintiff depended upon the plaintiff successfully proving the existence of a certain will in his favour.The plaintiff found himself in a cu...
Tag this Judgment!City Board, Saharanpur Vs. Abdul Wahid
Court: Allahabad
Decided on: Jan-22-1959
Reported in: AIR1959All695; 1959CriLJ1263
V.G. Oak, J. 1. This is a reference by the learned Additional District Magistrate of Saharanpur arising out of a prosecution under the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act.) According to the prosecution, Abdul Wahid accused was suspected for selling adulterated milk; One Food Inspector purchased a seer of milk from the accused, and divided the milk into three phials. One phial was given to the accused, while another phial was sent to the Public Analyst to Government. The Public Analyst reported that the milk contained 13 per cent added water. The accused was prosecuted for having exposed adulterated milk fox sale. The accused pleaded not guilty. He was, however, con-victed by the learned City Magistrate, Saharanpur under Section 7 read with Section 16 of the Act. He was sentenced to a fine of Rs. 100/- or rigorous imprisonment for one month in default of fine.2. The Municipal Board Saharanpur went up in revision. The revision application was tak...
Tag this Judgment!Sri Keshav Gupta Chhajju Singh Vs. Ghayur Ali Khan
Court: Allahabad
Decided on: Jan-21-1959
Reported in: AIR1959All607
Chaturvedi, J. 1. This is an application under Article 133 of the Constitution praying for the grant of a certificate that the case is a fit one, for appeal to the Supreme Court of India. It arises under the following circumstances. 2. The parties to the application were candidates for election to a seat in the U. P. Legislative Assembly. As a result of the poll the respondent obtained 25,933 votes and the applicant 25,258 votes. The respondent was accordingly declared as the duly elected candidate, and the applicant filed an election petition challenging the respondent's election. The main grounds taken in the petition were that the respondent, his workers, agents and supporters made systematic appeals, held meetings and printed and distributed handbills to the Muslim voters of the constituency inducing them to vote for the respondent and refrain from voting for the applicant on the ground of community and religion; that the respondent), his agents, workers and supporters made extensi...
Tag this Judgment!Shambhu Nath Vs. Municipal Board, Sitapur Through the Chairman
Court: Allahabad
Decided on: Jan-21-1959
Reported in: AIR1959All626
Sahai, J.1. This is a reference made under Section 162 of the U. P. Municipalities Act by the District Magistrate, Sitapur, for the decision of two questions in connection with the assessment of the tax on trades, callings and vocations on the appellant Shambhu Nath Tandon, who is the stenographer of the District Judge of that place and receives a salary of Rs. 115/- and a clearness allowance of Rs. 30/- per month. Under the provisions of Section 128 (iii) of the Act a Municipal Board can impose a tax on trades, callings and vocations, including all employments remunerated by salary or fees.The appellant is paying Rs. 25/- per month in the General Provident Fund, a sum of Rs. 7/-in the Contributory Provident Fund and a further sum of Rs. 4/8/- as premium for life insurance to the National Insurance Company, The questions that have been referred to us, are firstly, whether the amount of Rs. 30/- per month which the appellant is receiving as dearness allowance should be included in his i...
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