Allahabad Court August 1959 Judgments
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Syed Taimur Ali Shah Vs. Har Deo Prasad
Court: Allahabad
Decided on: Aug-18-1959
Reported in: AIR1960All375
Mukerji, J. 1. This special appeal has been brought to this Court on a certificate granted by a learned Single Judge deciding an execution second appeal that the case was a fit one for being taken in special appeal.2. The facts giving rise to this appeal may be briefly stated thus :3. The appellant was a judgment-debtor in a decree made against him by a Sub-Divisional Officer on 13-8-1936. That decree was put into execution for the first time on 12-2-1938. The execution application was made in the Court of the Collector of Meerut for the sale of zamindari property belonging to the judgment-debtor. The judgment-debtor filed various objections to the execution of the decree including the objection that the Collector's Court was not the proper court for executing the decree. On 31-7-1939, the Collector allowed the objections of the judgment-debtor but did not decide the question as to whether or not he had jurisdiction to execute the decree. Therefore the question as to whether or not the...
Rameshwar Deva Vs. District Magistrate, Saharanpur and anr.
Court: Allahabad
Decided on: Aug-18-1959
Reported in: AIR1960All399
ORDERD.S. Mathur, J.1. This is a petition under Article 226 and 227 of the Constitution of India by Rameshwar Deva for the issue of a writ, direction or order in the nature of certiorari to quash the order dated 14-12-1956 of the District Magistrate, Saharanpur, respondent No. 1, and also the order of assessment dated 26-11-1955 made by the Municipal Board, Hardwar, respondent No. 2,2. The petitioner is the trustee and manager of a religious and charitable institution known asAvadhoot Mandal Ashram Jwalapur, district Saharanpur, which is managed and administered by a committee of trustees appointed in accordance with the trust deed. The Ashram owns a block of buildings in Jwalapur which comprise o a temple for worship, a Dharamshala for residence of pilgrims and Sadhus and quarters for the use and residence of permanent inmates of the Ashram. Jwalapur lies within the limits of the Municipal Board of Hardwar.The buildings and assets of Avadhoot Mandal Ashram were partitioned by a regist...
Thakur Dan Singh Bist and ors. Vs. Registrar of Companies
Court: Allahabad
Decided on: Aug-17-1959
Reported in: AIR1960All160; [1960]30CompCas405(All)
ORDERA.P. Srivastava, J.1. The Bist Industrial Corporation is a limited company of which the three applicants are directors. The applicants Nos. 1 and 2 are also partners in the firm Messrs, D. S. Bist and Sons, who are managing agents of the company for 15 years. The Registrar of Companies, Uttar Pradesh, granted a commencement certificate to the company of the applicant on the 23rd of November, 1957. The company had been registered on the 20th of March, 1957. On the 26th of March, 1957 the applicants on behalf of the company borrowed a sum of Rs. 20,00,000/- from the Government.In the application the applicants have set out the circumstances in which the amount was borrowed before the certificate of commencement was issued and their case is that in borrowing the amount as they did, they acted honestly and reasonably. They Conceded, however, that they committed a technical breach of Section 149 of the Companies Act and were on that account liable to be prosecuted and fined under Sub-s...
Mohammad Irfan Khan Vs. Superintendent Central Excise, Moradabad and a ...
Court: Allahabad
Decided on: Aug-13-1959
Reported in: AIR1960All402
ORDERD.S. Mathur, J.1. This is a petition under Articles 226 and 227 of the Constitution of India by Mohammad Irfan Khan for quashing the orders passed by the Superintendent, Central Excise. Moradabad, respondent No. I, and the Deputy Collector, Central Excise, Allahabad, respondent No. 2, and for the grant of a writ of mandamus or any other consequential writ, order or direction which may be necessary in the circumstances of the case.2. The petitioner is one of the three partners of the registered firm by the name of Messrs AliMohammad Khan alias Chhidda Khan which carries on the business of making tobacco products such as chewing and smoking tobacco from tobacco in raw form, at Moradabad. The firm purchases tobacco in the form of tobacco leaf, tobacco stems, stalks and dust. On 13-4-1955, the firm received two consignments under Transport permits in Form II and numbered as 584517 and 584518, weighing 146 maunds in all, contained in 128 bags.These bags of tobacco were despatched by Kh...
Choudhary Raghunandan Singh Vs. NaraIn Das Bal Kishun Das and anr.
Court: Allahabad
Decided on: Aug-13-1959
Reported in: AIR1960All730
ORDERV.G. Oak, J.1. This revision application by a decree-holder arises out of execution proceedings.2. Raghunadan Singh obtained against Bachan a decree from the Court of the Munsif (City), Banaras for Rs. 5,000 and odd in September 1955. The decree-holder applied to the Court of the Civil Judge, Banaras for execution of the decree, apparently on the ground that the then Munsif (City), Banaras had no jurisdiction to try a suit of the valuation of Rs. 5,000. The decree was transferred to the Collector of Banaras for execution, as landed property was involved.3. Firm 'Narain Das Balkishun Das' obtained against Bechan a decree from the court of Munsif (City), Banaras in 1953 for a sum of Rs. 4,000 and odd. Narain Das Balkishan Das applied to the learned Civil Judge of Banaras on 16-4-1957 for execution against Bechan judgment-debtor by way of rateable distribution in the assets received in Raghunandan Singh's decree No. 240 of 1955. 4. This application for execution and rateable distribu...
Mohammad Irfan Khan Vs. Superintendent Central Excise and anr.
Court: Allahabad
Decided on: Aug-13-1959
Reported in: 1960CriLJ867
ORDERD.S. Mathur, J.1. This is a petition under Articles 226 and 227 of the Constitution of India by Mohammad Irfan Khan for quashing the orders passed by the Superintendent, Central Excise. Moradabad, respondent No. I, and the Deputy Collector, Central Excise, Allahabad, respondent No. 2, and for the grant of a writ of mandamus or any other consequential writ, order or direction which may be necessary in the circumstances of the case.2. The petitioner is one of the three partners of the registeied Hrm hv the- name of Messrs All Mohammad Khan ahas Chhidda Khan which carries on the business of making tobacco products such as chewing and smoking tobacco from tobacco in raw form at Moradabad, The firm purchases tobacco in the form of tobacco leaf, tobacco stems, stalks and dust. On 13-4-1955, the firm received two consignments under Transport permits in Form II and numbered as 584517 and 584518, weighing 146 inaunds In all, contained in 128 bags.These bags of tobacco were despatched by Kh...
Bhawani Prasad Girdhar Lal Vs. Income-tax Officer, Central Circle, Kan ...
Court: Allahabad
Decided on: Aug-11-1959
Reported in: AIR1960All377; [1960]40ITR407(All)
V. Bhargava, J. 1. By this petition under Article 226 of the Constitution the petitioner has challenged the validity of a number of notices issued to him under Section 34(1A) of Income-tax Act in respect of a number of assessment orders. Under the rules of this Court, the petitioner was required to file copies of those notices which the petitioner wanted to be quashed. The petition is supported by an affidavit in which there is a mention that certain exhibits are true copies of the notices received by the petitioner but the actual exhibits, which have been attached to the affidavit, do not bear the signatures of the deponent who swore the affidavit or any other authorised agent of the petitioner. Further, none of those exhibits bears the signature or the initials of the Oath Commissioner before whom the affidavit was sworn. The result is that these exhibits do not actually form part of the affidavit. In the absence of signatures or Initials of the Oath Commissioner, these documents cou...
Asghar Ali Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Aug-10-1959
Reported in: AIR1959All792
ORDERJ.K. Tandon, J. 1. The petitioner is tenure-holder of five plots situate in village Sitapur Mafi in Pargana Karvi, district Banda which bear survey Nos. 1127, 1128, 1135, 1136, and 1137. He is employed in the postal department and, according to him, he stays away from his village most of the time but the cultivation over these plots is managed and looked after by him himself and also through his mother who occasionally goes and stays for a few days. On 9th November 1957 the Collector of Banda issued a notification under Section 4 of the Land Acquisition Act to the effect that an area of 0.3 acres out of the said plots was proposed to be acquired in connection with the construction of Banda Sitapur road which was a public purpose. It seems no person came forward to file objections on this notification. In due course, therefore, a notification under Section 6 of the Land Acquisition Act was published in respect thereof on 5th July 1958. In the notification under Section 6 the area m...
Baijnath Singh and anr. Vs. the Oudh Tirhut Railway, Through Its Gener ...
Court: Allahabad
Decided on: Aug-06-1959
Reported in: AIR1960All362; [1960(1)FLR44]
Gurtu, J. 1. The appellants before us are the minor sons of Ram Lal Singh, They filed a claim for compensation under Section 10 of the Workmen's Compensation Act, 1923, before the Commissioner for Workmen's Compensation appointed under the said Act. Their statement of claim was registered as Miscellaneous Application No. 2 of 1948. 2. The claimants alleged that their father was employed as S.P.W. I. in the service of the Oudh Tirhnt Railway at Sahjanwa railway station and that he died on 18-3-1947 from an accident resulting from collision of a light engine with a trolly which he was plying to measure the creep from Gorakhpur. Then the claim set out the details of the accident and stated that the claimants were the minor sons of the deceased and wholly dependent on him and that the family had heavily suffered for which legitimate compensation was due to the dependents and the members of the family. They stated that a claim for compensation made to the Railway had been rejected and they ...
Agra Electric Supply Company and anr. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Aug-05-1959
Reported in: AIR1960All176; 1960CriLJ300
V. Bhargava, J. 1. These fifteen applications were presented before a learned single Judge of this Court invoking Its powers under S, 561A Cr. P. C. The powers were sought to be invoked in respect of fifteen different cases which are pending in the Courts of Magistrates in this State in various districts. In all these cases amongst the accused is the local electric supply company also. The designation ot the electric supply company varies from place to place. As an example, in Misc. case No. 2747 ot 1958 the supply company which is accused No. 1 is the U. P. Electric Supply Company Limited, Allahabad. In Misc. case No. 2746 of 1958 the first accused is the Agra Electric Supply Company, Limited. Agra, In case No. 1209 of 1959 the first accused is the Agra Electric Supply Company, Limited, Agra. It is not necessary to give the description of each electric supply company in each of these cases. It is enough to say that all these companies are incorporated under the Indian Companies Act, a...
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