Allahabad Court March 1959 Judgments
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Saghir Ahmad Molvi Hazir Ahmad Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Mar-12-1959
Reported in: AIR1960All270
ORDERS.S. Dhavan, J. 1. This is a petition under Article 226 of theConstitution impugning the legality of an order dated 30-4-1958 passed by Mr. R. N. Dey, I.C.S., Commissioner, Rohilkhand Division, dismissing the petitioner from service under the State of Uttar Pradesh as Supervisor Kanungo. The petitioner has filed a long and rambling affidavit containing the entire history of his case from the year 1947 when he first got into trouble uptill the date of his dismissal in 1958. After looking into the entire record (which consisted of several hundreds of foolscap typed pages) I feel that it is not necessary for me to consider any of the arguments advanced on behalf of the petitioner as I am of the opinion that they have no force, but I have also come to the conclusion that the order of dismissal is vitiated by failure-to comply with the mandatory provisions of Article 311 of the Constitution and must therefore be quashed. It is necessary to give, very briefly the facts which form the ba...
Khanzaday Singh Vs. State
Court: Allahabad
Decided on: Mar-11-1959
Reported in: AIR1960All190; 1960CriLJ431
B. Mukerji, J.1. Appeal No. 9 of 1959 is by Pearey against his conviction under Section 396 I.P.C. and a sentence of imprisonment for life awarded to him by the First Additional Sessions Judge of Shahjahanpur. Appeal No. 148 of 1959 is by Khanzadey Singh against his conviction by the same learned Judge at the same trial at which Pearey was convicted, under Section 396 I.P.C. and a sentence of death. There is the usual reference by the learned Judge for the confirmation of the sentence of death awarded by him to Khanzadey Singh.2. The facts giving rise to the aforementioned two appeals lie within a short compass and may briefly be stated as follows:--3. On the night between the 10th and the llth of April, 1958, a band of 20 or 25 men broke into the house of one Balbir Sahai, while they were arm-ed with firearms and other weapons, and thereby the use of a firearm caused the death of Ram Bharosey, brother of Ballbir Sahai, Dwarka Pasad, his uncle, Kumari Urmila Devi, his daughter, and Shy...
Vikram Cotton Mills, Lucknow Vs. Commissioner Sales Tax, U.P.
Court: Allahabad
Decided on: Mar-11-1959
Reported in: AIR1959All742; [1960]11STC120(All)
V.D. Bhargava, J.1. This is a reference under section 11(3) of the U. P. Sales Tax Act. The applicant is a joint stock company carrying on the business of cotton cloth, yarn etc. at Lucknow. Under the Sales Tax Act the tax payable on cotton cloth and yarn is at single point and payable by the manufacturer. The applicant had been manufacturing the goods and selling its own goods to different depots. During the year 1950-51 the Mill transferred to its retail depots goods worth Rs. 45,16,161/15/3. It was contended on behalf of the applicant that they could charge only the ex-mill price plus excise duty plus sales tax on ex-mill price and the excise duty. The goods having been sold to the depots were disposed of during the year by the depots to the consumers for Rs. 46,54,333/12/6. The Sales Tax Officer assessed the applicant on the amount of sales as effected by the depots and not on the sales effected by the mills to the depots.The mill thereupon filed a revision to the Judge (Revisions)...
Nawab Syed Hasan Ali Khan Vs. Nawab Askari Begam
Court: Allahabad
Decided on: Mar-11-1959
Reported in: AIR1959All777
N.U. Beg, J.1. This first appeal arises out of an application given under Section 14 of the Arbitration Act. It appears that on 23-9-1948, parties executed a deed of agreement by which they appointed Nawah Sajjad Alt Khan as arbitrator to decide the dispute between them regarding the moveable property left by Zohra Begam deceased, the mother of the parties. There was also a provision in this agreement that in case Nawab Sajjad Ali Khan refused to act as an arbitrator, Maulana Ibne Hasan should act as an arbitrator. Under the aforesaid agreement Nawab Sajjad Ali Khan entered on reference on 19-10-1948. He took the necessary proceedings as an arbitrator under the Arbitration Act. Some time in January 1949, however, Nawab Sajjad Ali Khan refused to act as an arbitrator. Under the terms of the agreement, therefore, Maulana Ibne Hasan, who was to act as an arbitrator in case of the refusal of Nawab Sajjad AH Khan, became the proper person to act as an arbitrator. Accordingly, Maulana Ibne H...
Ram Swaroop and ors. Vs. G.D. Sahagal and ors.
Court: Allahabad
Decided on: Mar-10-1959
Reported in: AIR1959All697
R. Dayal, J. 1. This is a petition under Arts. 226 and 227 of the Constitution praying for the issue of a writ of quo warranto requiring the respondent No. 1, Sri G. D. Sahgal, District and Sessions Judge of Allahabad, to snow the authority under which he was trying Election Petition No. 366 of 1957 (Brij Bhushan and another v. Raja Anand Brahma Shah), for the issue of a writ of prohibition prohibiting the respondent No. 1 to proceed with the trial of the said election petition and for the issue of a writ of certiorari quashing the entire proceedings held before the Election Tribunal, respondent No. 1, between 4-10-1958 and 5-3-1959 and the Tribunal's order dated 4th March 1959.2. The facts leading to this petition are that the present petitioners filed an election petition against Raja Anand Brahma Shah and Sobh Nath, respondents Nos. 2 and 3, who had been declared' elected as members of the Legislative Assembly from the 182 Robertsganj Legislative Assembly Constituency. The Election ...
Jeet Mal Kapoor Trust and ors. Vs. the State of U.P.
Court: Allahabad
Decided on: Mar-10-1959
Reported in: AIR1959All702
O.H. Mootham, C.J. 1. A piece of land belonging to the applicants was acquired by the Kanpur Improvement Trust as part of an improvement scheme, and by an award dated 21-3-1949, the Land Acquisition Officer awarded the applicants the sum of Rs. 5,818/12/-as compensation. This award was not accepted by the applicants, and at their request the matter was referred to the Kanpur Development Board Tribunal constituted under Section 108 of the Cawnpore Urban Area Development Act, 1945. That Tribunal by an order dated 8-11-1957, enhanced the award by Rs. 2,097.81. The applicants were however dissatisfied with this order and desired to appeal from the Tribunal's decision to this Court under Section 119 (1) of that Act. 2. Section 119 (1) reads thus: '119. (1) An appeal to the High Court shall lie from a decision of the Tribunal if-- (a) the Chairman of the Tribunal grants a certificate that the case is a fit one for appeal or, (b) the High Court grants special leave to appeal, provided that t...
Sri Sheonath Prasad Vs. City Magistrate, Varanasi and ors.
Court: Allahabad
Decided on: Mar-09-1959
Reported in: AIR1959All467; 1959CriLJ912
ORDERJagdish Sahai, J.1. On plots Nos. J13/62 and J13/63 situate in Chauka Ghat in the city of Varanasi stand certain constructions. This property was the subject of dispute between the petitioner Sheonath Prasad and the respondent No. 4 Sita Ram both of whom alleged themselves to be the representatives of the Lohar Community of Varanasi and claimed to be in possession of the property in dispute with the result that proceedings under Section 145, Criminal P.C., were initiated in the court of the City Magistrate, Varanasi, on an application made by the respondent No. 4.The case was transferred to Sri R. L. Tiwari, Special Magistrate 1st Class, Varanasi, who after perusing the affidavits filed by the parties recorded a finding that he could not decide as to which of the two parties was in possession over the property in dispute at the date of the preliminary order or two months next preceding the date of the preliminary order, and referred the case to the learned Munsif of Varanasi for r...
Mohd. AzimuddIn Ashraf and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-09-1959
Reported in: AIR1959All459
ORDERO.H. Mootham, C.J.1. This is a petition under Article 226 of the Constitution.2. The petitioners were defendants in a suit which had been instituted against them in the court of the Munsif, Barabanki. In that suit they sought to file a Written Statement in Urdu in the Persian script, but by an order dated 23-8-1958, the learned Munsif held that as the language of the court was Hindi written in Devnagri script the Written Statement could not be accepted and he accordingly rejected it. It is against that order that the present petition has been filed.3. The contention of the petitioners is that by virtue of the proviso to a Notification dated 8-10-1947, issued by the State Government under Section 137 of the Code of Civil Procedure they were entitled to file a Written Statement in Urdu written in the Persian script, and they pray that the order of the learned Munsif be quashed and that he be directed to accept their written statement.4. Now Section 137 of the Code of Civil Procedure...
Kanodia Brothers Vs. S.S. Seth, Income-tax Officer
Court: Allahabad
Decided on: Mar-09-1959
Reported in: AIR1959All705; [1960]39ITR228(All)
V. Bhargava, J. 1. Messrs. Kanodia Brothers filed this petition under Article 226 of the Constitution seeking issue ofseveral writs of mandamus directing the opposite party the Income-tax Officer, Central Circle 1, Kanpur, to return to the petitioner firm various books of account of the petitioner firm which were in thepossession of the opposite party having been received by him in three different ways. Some of the books of account were seized by the Anti-Corruption Department in May, 1956 and then went into the possession of the Authorised Official of the Income-tax Investigation Commission. Some books of account were produced by the petitioner firm beforethe Authorised Official of the Income-tax Investigation Commission. All these books of account earner into possession of the opposite party from the Authorised Official of the Income-tax Investigation Commission, The third set of books of account were those which the opposite party was retaining in his possession in connection with t...
Panna Lal and ors. Vs. the Collector, Etah
Court: Allahabad
Decided on: Mar-07-1959
Reported in: AIR1959All576
A.P. Srivastava, J. 1. The appellant No. 1 was the owner of some land lying within the Municipal Limits of Kasganjof which the appellant No. 2 was the tenant. The land was acquired under the provisions of the Land Acquisition Act for the construction of a Bus stand. The appellant No. 1 filed an objection under Section 5A of the Land Acquisition Act, but it was rejected. The Collector made his award under Sections 11of the Land Acquisition Act on the 21st of July 1954.On 11-8-1955 the appellants filed an application under Section 18 of the Act requiring a reference to be made to the District Judge. In this appli-cation they alleged that they had come to knowof the award only on the 5th of August 1955. By his order, dated 3-11-1955, the Collector rejected the application and refused to make the desired reference on the ground that the application was time-barred.The appellants then applied for a rehearing of the matter on the ground that it was not open to the Collector to himself consid...
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