Allahabad Court February 1959 Judgments
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Harbans Lal Arora Vs. Divisional Supdt. Central Railway, Jhansi and or ...
Court: Allahabad
Decided on: Feb-20-1959
Reported in: AIR1960All164
ORDERS.S. Dhavan, J.1. This is an application under Article 226 of the Constitution praying for the quashing of an order removing the petitioner from service as a Ticket Collector in the employ of the Central Railway. The petition was amended during the pendency of the case, of which fact a detailed mention will be made hereafter. The petitioner has made the following allegations in his affidavit in support of the petition.He was employed on the date of the incident which led ultimately to his removal, as a Ticket Collector at Mathura Junction on the Central Railway. He was appointed as a clerk in 1948. On 6-9-1955 he was on duty at Mathura Junction Station. On that date the incident in dispute happened as a result of which he was charged with two offences -- first, that he assaulted a parcel porter called Nathi, and secondly, that he made certain false allegations accusing the Assistant District Com-mercial Inspector of having uttered threats against him.In his affidavit the petitione...
Shaukat HusaIn Beg Mirza Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Feb-20-1959
Reported in: AIR1959All769
ORDERJagdish Sahai, J. 1. The petitioner has come to this Court under Article 226 of the Constitution of India on the allegation that he retired from the serviceof the State of Uttar Pradesh as a jailer on 10-7-11956 and at the time of his retirement was receiving a salary of Rs. 325/- per mensem, After his retirement his papers were sent for fixation of his pension to the Accountant General, U. P. Under the orders of the Inspector General of Prisons dated 2-2-1951 the petitioner's salary was fixed at Rs. 220/- p. m., with effect from 1-4-1947. There was some dispute between him and the Accountant General about the amount at which his pension was to be fixed. He filed a writ petition in this Court which was rejected having become infructuous because the Accountant General had decided the dispute that existed between him and the petitioner. The Accountant General fixed the petitioner's salary at Rs. 210/- p.m. from 1-4-1947 and is proceeding to fix the petitioner's pension on that basis...
Lala Babu Ram and ors. Vs. Ganga Devi and ors.
Court: Allahabad
Decided on: Feb-20-1959
Reported in: AIR1959All788
Roy, J.1. This is a plaintiffs' appeal arising out of a suit for sale on foot o simple mortgage bond dated 13-4-1931 executed by Sawant Singh and others in favour of Babu Ram and Nannumal, plaintiffs, for a sum of Rs. 26,000/- repayable with interest by means of instalments within twenty years. The bond provided that in case of default in payment of any three instalments, the mortgages shall have the right to realise the entire amount of principal and interest in a lump sum. The property that was mortgaged was zamindari property. The plaintiffs alleged that a sum of Rs. 1250/- alone was repaid and the balance of Rs. 30,000/- was due and legally recoverable, interest having been worked out at 4 1/2 per cent per annum on the unpaid balance. 2. The suit was resisted on a variety of grounds; and all the pleas except, which were raised by the defendants were decided by the court below against them. The court below left Issue No. 9 undetermined, holding that that issue, which relates to the ...
Hakim UddIn Khan Vs. Income-tax Officer, Mirzapur, and Another.
Court: Allahabad
Decided on: Feb-20-1959
Reported in: [1960]40ITR402(All)
BHARGAVA J. - The petitioner, Hakimuddin Khan, has prayed for the issue of writs of certiorari to quash an order of the Income-tax Officer dated 13th December, 1954, passed under section 35 of the Income-tax Act and an order of the Commissioner of Income-tax dated 18th September, 1955, dismissing a revision against that order of the Income-tax Officer. In addition, there is a prayer for the issue of a writ of mandamus directing the Income-tax Officer, Mirzapur, to withdraw his notice of demand dated 13th December, 1954, issued to the petitioner in pursuance of his order of the same date under section 35 of the Income-tax Act.The assessee was assessed to income-tax in respect of his income for the assessment year 1953-54 by the income-tax Officer by his order dated 22nd September, 1953. In this assessment was included income from dividends received by the petitioner in respect of shares held by him in some companies including Messrs. Obeetee Limited. in the assessment year the Income-ta...
Puttu Lal Vs. General Manager, N.E. Railway, Gorakhpur and anr.
Court: Allahabad
Decided on: Feb-19-1959
Reported in: AIR1960All438
ORDERB.R. James, J. 1. Wharfage is a charge levied by a Railway Administration on goods, the nature and attributes of which charge I shall endeavour to explain presently. Wharfage at the railway station of Kaimganj, district Farrukhabad, is the subject of this petition under Article 226 of the Constitution,2. The petition has arisen in the following circumstances. The Railway Board, which is admittedly the 'officer' appointed by the Central Government under Section 47(1) of the Indian Railways Act, 1890 (hereinafter referred to as the Act), in exercise of powers vested in it by Section 47 of the Act, issued a Notification dated 18-2-1926 (hereinafter called the Notification of 1926) framing rules with regard tq wharfage. Only Rules 1 and 17 of this Notification are relevant to this case. Rule 1 provided that after the expiration of a free period (which meant from the time of arrival of the goods till the closing time of the day following) wharfage would be charged at a rate not exceedi...
Moti Lal Purshottam Das Vs. the Income-tax Officer, Kanpur
Court: Allahabad
Decided on: Feb-17-1959
Reported in: AIR1961All133; [1960]39ITR497(All)
V. Bhargava, J. 1. The petitioners Moti Lal and Purshottam Das prayed to this Court for issue of a writ in the nature of certiorari to quash a notice issued by the Income-tax Officer, District Kanpur, dated the 4-11-1955, whereby the petitioners were called upon to pay a sum of Rs. 12,125-14-0 and for the issue of a further writ in the nature of prohibition commanding the opposite party not to recover that amount from the petitioners, and not to take any further proceedings for the recovery of the aforesaid amount. The notice, which was thus challenged, called upon the petitioners to deposit this amount, which had been assessed as income-tax on the firm of Messrs. Indian Distillary, Anwarganj, Kanpur, on the ground that the petitioners were jointly and severally liable for the payment of this tax under Section 44 of the Income-tax Act.It was further stated in the notice that, if the amount was not deposited within the period of three days from the receipt of the notice, the opposite pa...
Mehar Chand Vs. State
Court: Allahabad
Decided on: Feb-16-1959
Reported in: AIR1959All660; 1959CriLJ1253
Srivastava, J. 1. We have before us an application in revision on behalf of Meharchand and a reference made by Oak, J. in an appeal on behalf of Sarupa. 2. The applicant Meharchand was convicted by the Railway Magistrate of Saharanpur under Section 19(f) of the Indian Arms Act and was sentenced to undergo rigorous imprisonment for six months. It was found against him that on 26-1-1956 at about 1-30 p.m. while he was at platform No. 5 of the railway station at Saharanpur he had in his possession a loaded country-made pistol and four 12 bore live cartridges for which he did not possess any licence. As the offence had been committed in the district of Saharanpur no sanction was obtained for his prosecution as required by Section 29 of the Indian Arms Act. Against his conviction the applicant went up in anneal to the Sessions Judge but the findings recorded by the Magistrate against him were confirmed and his conviction and sentence were both upheld. 3. The appellant in the other case, Sar...
Avadh NaraIn Singh Vs. Additional Superintendent of Police and ors.
Court: Allahabad
Decided on: Feb-13-1959
Reported in: AIR1960All304
ORDERS.S. Dhavan, J.1. This is a petition under Article 226 of the Constitution impugning the legality of an order passed by the Additional Superintendent of Police, Varanasi, dated 10-11-1955, reducing the petitioner in rank for a period of two years, and also of an order of the Deputy Inspector General of Police, Eastern Range, Varanasi dated 26-6-1956 dismissing the petitioners' appeal against the aforesaid order of reduction, and of the order of the Inspector General of Police, Uttar Pradesh dated 20-3-1957, rejecting the petitioners' revision petition.2. The facts, as stated in the petitioners' affidavit are these : He was enlisted in the U. P. Police force in 1931 and claims to have a good record of meritorious service (this claim is not denied by the State). On 15-8-3955, the petitioner was posted as Station Officer-in-charge of the Police Station at Moghalsarai in the district of Varanasi. Just before that time a firing had taken place in the State of Bihar, as a result of whic...
Baldeo Ram and anr. Vs. Deputy Commissioner, Gonda and anr.
Court: Allahabad
Decided on: Feb-13-1959
Reported in: AIR1959All460
B. Mukerji, J.1. This is a petition under Article 226 of the Constitution praying among other the following reliefs:'(a) The issue of a writ of certiorari or any other suitable order or direction quashing the orders of the opposite-party No. 2 (i.e., the Excise Commissioner, U.P., Allahabad) setting aside the resale of the auction of the two liquor shops in dispute in favour of the applicants, and quashing the order of opposite-party No. 1 (i.e., the Deputy Commissioner, Gonda, exercising powers under the Excise Act) fixing the date of resale thereof on the 2nd December, 1958. (b) The issue of a writ of mandamus ordering the stay of resale by auction of the two liquor shops.'2. The facts that have given rise to this petition may be briefly stated in order to appreciate the question that fell for our determination. The excise authorities in Gonda held an auction for the purposes of granting a license to the highest bidder for the liquor shops, one in Mohalla Naushehra and the other in M...
State Vs. Zalim Lonia
Court: Allahabad
Decided on: Feb-11-1959
Reported in: AIR1960All64; 1960CriLJ183
S.K. Verma, J. 1. This is an appeal filed by the State of Uttar Pradesh against the judgment of Sri D. N. Srivastava, Magistrate, 1st class, District Basti, dated 8-10-1956 acquitting the respondent Zalim Lonia of an offence punishable under Section 16(1)(a) read with Section 7(1) of the Prevention of Food Adulteration Act, 1954. 2. The prosecution case was that on 14-3-1956, at about 2 p.m., the respondent was carrying milk for sale. A Food Inspector, Ram Deo Sharma, (P.W. 1), suspected that the milk was adulterated. He purchased twelve chhataks of milk for six annas, divided it into three equal parts and sealed and labelled the same in three phials before the respondent. One phial was given to the respondent, one phial was sent to the Public Analyst at Lucknow for analysis and the third was sent to the Medical Officer of Health. The relevant portion of the certificate of analysis No. 4640 dated 5-4-1956, was as follows : 'Analytical Data 1. Fat .... 6.1....per cent. The sample is no...
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