Allahabad Court February 1960 Judgments
Rati Ram Vs. S.D.O., Budhana and anr.
Court: Allahabad
Decided on: Feb-26-1960
Reported in: AIR1960All550
ORDERV.D. Bhargava, J.1. This is an application by Rati Ram, who was a candidate for the Pradhanship of the Gaon Sabha of Nala, Pargana Kandhla, Tahsil Budhana, District Muzaffarnagar. The election took place in December 1955. The petitioner and the opposite party No. 2 were the contesting candidates. The petitioner is alleged to have secured 1213 votes as against 830 votes secured by Girwar Singh. The petitioner was declared elected. Thereafter, opposite party No. 2 filed an election petition before the learned Sub-Divisional Officer, Budhana, under Section 12-C of the U. P. Panchayat Raj Act alleging that the votes were secured by intimidation and by resort to bribery by the petitioner.The election was challenged also on the ground that a supplementary list drawn up at the last moment, by which 250 voters were added, had been acted upon and no opportunity was given to the petitioner for scrutinising the same or for informing the voters to vote for him. These allegations were denied b...
Tag this Judgment!Rana Pratap Singh Vs. the Vice Chancellor, Benares Hindu University, V ...
Court: Allahabad
Decided on: Feb-24-1960
Reported in: AIR1960All579
ORDERJ.K. Tandon, J. 1. The petitioner was a student in B. A. (Final) of the Banaras Hindu University. There was some prolonged unrest in this institution during the second half of 1958. It may not be very necessary to give details of this unrest which lasted for several weeks, but sonic of the facts about which there can be no doubt are that there was agitation by the students of the University, they took out processions, also displayed temper against the University authorities and even surrounded certain places which happened to be occupied by officers and authorities of the University. The normal working of the University was thus not possible and in the end, because law and order was threatened, help of the local authorities and police had to be taken. It is neither necessary nor even relevant for deciding this petition to assess or apportion the responsibility of the two sides engaged in this unfortunate episode.It will suffice for the present purpose to observe that the demonstra...
Tag this Judgment!Sri Calcutta Singh Vs. Registrar, Banaras Hindu University, Varanasi
Court: Allahabad
Decided on: Feb-23-1960
Reported in: AIR1960All531
Srivastava, J.1. This appeal has been preferred against an order of Mr. Justice Mathur by which he dismissed a petition filed by the appellant under Article 226 of the Constitution.2. The facts as have been found by the learned Judge (and no attempt was made before us to challenge those findings) are that the appellant was a student studying for M. Sc. (Technical) Previous Examination of the Banaras Hindu University. In Mav 1959 he was appearing at that examination. The paper which he was answering in that connection on 6-5-1959 was the paper on Industrial Chemistry. Sri Section N. Roy Chaudhary was the invigilator at the examination. Dr. Section Prasad was the Superintendent. At about 9.30 a.m. while the examination was continuing the invigilator recovered a piece o paper from under the thigh, of the appellant.It contained certain writings which related to the paper which the appellant was answering. While the paper was being taken out it got torn into twopieces. The appellant took on...
Tag this Judgment!Smt. Champa Devi L. Rameshwar Pd. Vs. Jairam Das Banu Mal and ors.
Court: Allahabad
Decided on: Feb-22-1960
Reported in: AIR1960All615
ORDERS.S. Dhavan, J.1. This is an application under Section 115 C.P.G. against an order of the trial Court rejecting the applicant's claim under Order 38 Rule 8 read with Order 21 Rule 58 C. P. C. that a certain property which was attached before judgment by the court in a pending suit belonged to her and was not liable to attachment, The facts of the case are these. On 15-3-1955 the plaintiff respondents Messrs. Jairam-dass Banumal filed a suit against Ram Swarup in the Court of the Additional Civil Judge Dehra Dun for the recovery of Rs. 15,000/-. On 16th. March Ram Swarup sold a house for Rs. 5000/- under a a registered sale deed to Smt. Champa Devi who is the applicant in this revision.On 19th March the plaintiff firm applied under Order 38 Rule 5 C. P. C. for attachment before judgment, and the house sold to Smt. Champa Devi was specified in the list of properties sought to be attached. On 29th March the court passed an ex parte order of attachment. On 20th May Ram Swarup filed an...
Tag this Judgment!Chokhey Lal Moti Ram and ors. Vs. Babulal Behari Lal
Court: Allahabad
Decided on: Feb-18-1960
Reported in: AIR1960All599; 1960CriLJ1279
ORDERV.D. Bhargava, J. 1. This writ petition has been filed on behalf of seven persons who claim that they are owners of a plot of land, No. 925, measuring about 5 biswas in area. On this plot of land there are twelve separate buildings and the valuation of the buildings is about Rs. 10,000/-. Moti Ram, father of petitioners Nos. 1 and 2, obtained lease of the aforesaid plot of land for 33 years at the rate of Rs. 3.50 nP. per annum from the Collector Agra. Thereafter he constructed the aforesaid buildings on this land. Petitioners Nos. 1 and 2, sons of Moti Ram, and the other petitioners are members of a joint family being the grandsons and nephews. Two of the buildings had been rented out to Mohana and Narain. An application was moved by Babu Lal before the District Board, Agra to 'the effect that this plot of land had been taken by Mohana and Naraina on lease and Babulal being the brother of Mohana and Naraina was also entitled to 1/3rd share. This application was purported to have ...
Tag this Judgment!M.L. Gupta Vs. City Magistrate, Lucknow and anr.
Court: Allahabad
Decided on: Feb-16-1960
Reported in: AIR1960All541
ORDERJ.K. Tandon, J. 1. This petition is directed against an order dated 15-10-1958, passed by Sri Markandey Singh, City Magistrate, Lucknow, in a case started under Section 20 of the Minimum Wages Act, 1948. The case before him was started on the application of one Sri J. N. Gupta, Labour Inspector, appointed under the said Act. The petitioner, who is a Government Contractor, was the opposite party. It was pointed out that the petitioner here, the opposite party in proceedings before the learned Magistrate, had not paid the wages to his employees within 7 days of their falling due. The amount payable by him to the labourers was reported to be Rs. 821/14/-. The petitioner disputed his liability for the amount pointing out that none of the persons except one Babu Lal to whom the arrears were said to be due, had ever worked under him. In the case of Babu Lal the justification put forward was that his work was unsatisfactory. A significant fact and with which this petition will be directl...
Tag this Judgment!Municipal Board, Kanpur Vs. Behari Lal
Court: Allahabad
Decided on: Feb-16-1960
Reported in: AIR1960All546; 1960CriLJ198
Mootham, C.J.1. This is an appeal by the Municipal Board of Kanpur against the judgment of the Additional Sessions Judge of Kanpur dated 23-11-1957, acquitting the respondent of offences under Section 7 of the Prevention of Food Adulteration Act, 1954. The appeal has been referred to this Bench as the Bench by which it was originally beard found difficulty in agreeing with the view taken in Municipal Board, Lucknow v. Shyam Behari, AIR 1960 All 117 with regard to the effect of Section 6 of the General Clauses Act.2. The respondent was a seller of ghee in Kanpur, and on 31-10-1955. two persons, Azizuddin Siddiqi and Thakur Prasad, purporting to act as Food Inspectors purchased a sample of ghee from the respondent which was found on analysis to be adulterated. Two complaints thereafter were filed against the respondent by the Medical Officer of Health, Kanpur. The first of these complaints was filed on 2-12-1955, and alleged a contravention by the respondent of the provisions of Clause (...
Tag this Judgment!Municipal Board Vs. Behari Lal
Court: Allahabad
Decided on: Feb-16-1960
Reported in: 1960CriLJ1175
O.H. Mootham, C.J.1. This is an appeal by the Municipal Board of Kanpur against the judgment of the Additional Sessions Judge of Kanpur dated 23-11-1957, acquitting the respondent of offences Under Section 7 of the Prevention of Food Adulteration Act, 1954. The appeal has been referred to this Bench as the Bench by which it was originally heard found difficulty in agreeing with the view taken in Municipal Board, Lucknow v. Shyam Behari : AIR1960All117 with regard to the effect of Section 6 of the General Clauses Act.2. The respondent was a seller of ghee in Kanpur, and on 31-10-1955. two persons, Azizuddin Siddiqi and Thakur Prasad, purporting to act as Food Inspectors purchased a sample of ghee from the respondent which was found on analysis to be adulterated. Two complaints thereafter were filed against the respondent by the Medical Officer of Health Kanpur. The first of these complaints was filed on 2-12-1955, and alleged a contravention bv the respondent of the provisions of Clause...
Tag this Judgment!M.L. Gupta Vs. City Magistrate and anr.
Court: Allahabad
Decided on: Feb-16-1960
Reported in: 1960CriLJ1173
ORDERJ.K. Tandon, J.1. This petition is directed against an order dated 15-10-1958, passed by Sri Markandey Singh, City Magistrate, Lucknow, in a case started Under Section 20 of the Minimum Wages Act, 1948. The case before him was started on the application of one Sri J. N. Gupta, Labour Inspector, appointed under the said Act. The petitioner, who is a Government Contractor, was the opposite party. It was pointed out that the petitioner here, the opposite party in proceedings before the learned Magistrate, had not paid the wages to his employees within 7 days of their falling due. The amount payable by him to the labourers was reported to be Rs. 821/14/-, The petitioner disputed his liability for the amount pointing out that none of the persons except one Babu Lai to whom the arrears were said to be due, had ever worked under him.In the case of Babu Lai the justification put forward was that his work was unsatisfactory. A significant fact and with which this petition will be directly ...
Tag this Judgment!In Re Pt. Shyam Sunder.
Court: Allahabad
Decided on: Feb-16-1960
Reported in: [1961]41ITR807(All)
By this application under section 66 (2) of the Income-tax Act the assessee has requested this court to call for a statement of the case from the Income-tax Appellate Tribunal in respect of questions of law arising from the addition to the assessable income of the assessee of a certain amount received by his two minor sons from a partnership firm to the benefits of which they were admitted as partners. The Income-tax Appellate Tribunal held that in the two earlier years of assessment 1945-46 and 1946-47 it had been held that the money for the investment by the minor sons of the assessee in the partnership firm had been provided out of the income of the assessee himself. Thereafter the Tribunal remarked that that finding recorded in the two earlier years had become final and no further evidence had been led to displace it. A grievance is made before us by leaned counsel for the assessee that in fact no opportunity was afforded to the assessee to give evidence or provide materials to dis...
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