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Allahabad Court March 1960 Judgments

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Mar 25 1960

Wasim Ahmed Khan Vs. Secretary, Board of High School and Intermediate ...

Court: Allahabad

Decided on: Mar-25-1960

Reported in: AIR1961All290

ORDERV.D. Bhargava, J. 1. This is a writ petition under Article 226 of the Constitution filed by Wasim Ahmad Khan against the Secretary, Board of High School and Intermediate Education and the Board of High School and Intermediate Education. 2. The petitioner claims that he was a student of St. Thomas Inter College, Shahganj, district Jaun-pur, which is a private institution and which coaches students upto Intermediate classes. The petitioner appeared for the Intermediate examination and his centre was at Gandhi Smarak Intermediate College, Samodhpur, district Jaunpur. His roll number was 38463. At the said centre it is said that about 200 students were appearing in the Intermediate examination. According to the petitioner the teaching of St. Thomas Inter College was conducted by very experienced and excellent teachers and the students were prepared by the said College in an excellent manner. There were certain questions in Mathematics and Chemistry which were considered to be more imp...


Mar 25 1960

ishwar Singh Vs. the President of District Board, Muzaffarnagar and or ...

Court: Allahabad

Decided on: Mar-25-1960

Reported in: AIR1961All292

ORDERV.D. Bhargava, J. 1. This is an application under Article 220 of the Constitution filed by Ishwar Singh, who had been appointed as Tax Amin in the District Board of Muzaffarnagar in 1948, with effect from 1st September, 1948. According to him he was a permanent employee of the District Board at Rs. 40 a month. There had been some proceedings against him to terminate his services twice but he was restored. Ultimately by an order dated 8th July, 1957 his services were terminated on the ground that he was not a qualified person to hold the post, as he had not passed the Vernacular Final Examination. In his initial application that he had made for appointment, he had misrepresented that he had passed the Vernacular Final Examination. So far as the fact of his being disqualified is concerned, it is not in dispute. It is not the case of the petitioner that he was fully qualified for the post, but he has taken a technical plea that he had been dismissed by a Vice President when he could ...


Mar 24 1960

Jaswant Sugar Mills Ltd., Meerut City Vs. Sub-divisional Magistrate, M ...

Court: Allahabad

Decided on: Mar-24-1960

Reported in: AIR1960All724; (1960)IILLJ373All

ORDERV.G. Oak, J.1. This petition under Article 226 of the Constitution is directed against a decision of an Authority under the Minimum Wages Act. Messrs, Jaswant Sugar Mills Ltd., Meerut are the petitioner here.2. The writ petition has arisen under the following circumstances. Several employees of the petitioner filed applications under the Minimum Wages Act. Their case was that, the employer was bound to provide weekly rests to the employees' with wages In accordance with Rules made under the Minimum Wages Act. In spite of repeated demands by the employees, the employer refused to allow weekly rests. The employees, therefore, made claims for payments in lieu of weekly rests, and for compensation,3. There were in all 90 such applications for payment in lieu of weekly rests and compensation. All these claims were opposed by the employer on a variety of grounds. All the pleas raised in defence by the employer were overruled by the Sub Divisional Magistrate, Meerut acting as the Authori...


Mar 24 1960

Shri Ganesh Sugar Mills Ltd. Vs. Commissioner of Sales Tax and anr.

Court: Allahabad

Decided on: Mar-24-1960

Reported in: [1960]11STC426(All)

V. Bhargava, J.1. The following three questions have been referred for our opinion by the Judge (Revisions) Sales Tax, U.P.(1) Whether an order passed under Section 5 is an assessment appealable under Section 9 of the U.P. Sales Tax Act ?(2) Whether it is sufficient for a claim under Section 5 that goods are delivered outside the State of Uttar Pradesh irrespective of the questions whether the sale was subject to the condition that title would not pass to the buyer until delivery was effected outside the State of Uttar Pradesh and whether the party taking delivery of the goods from the mills was not the party buying the goods from the mills; and,(3) Whether on the facts and circumstances of the case the assessee was entitled to a rebate of the tax on the sales of sugar which was despatched to Gaya outside the State of Uttar Pradesh.2. The statement of the case submitted by the Judge (Revisions) Sales Tax gives the facts which according to him are relevant for answering these questions ...


Mar 23 1960

Smt. Janak Dulari Vs. District Judge, Kanpur and ors.

Court: Allahabad

Decided on: Mar-23-1960

Reported in: AIR1961All294

ORDERV.D. Bhargava, J. 1. This is a petition under Article 226 of the Constitution filed by one Smt. Janak Duhri who is since dead. 2. There was one Maheshi Lal Pande who left two widows on his death in the year 1903; one was Smt. Rukmini Kuer and the other Smt. Bhajni Kuer. Smt. Rukmini Kuer died in the year 1912 and left behind two daughters, Smt. Sundar Kuer and Smt. Janak Dulari. Bhajni Kuer also died in 1923. After the death of Maheshi Lal Pande, his widows Smt. Rukmini Kuer and Smt. Bhajni Kuer were the owners, and after the death of Smt. Rukmini Kuer her daughters Smt. Sundar Kuer and Janak Dulari became the owners. Sundar Kuer died also in the year 1925 without leaving any issue and according to the petitioner, thereafter Janak Dulari became the owner of the property. 3. The property involved in the suit is Zamindari property in several villages. After the abolition of zamindari, compensation amounting Rs. 11,900 was awarded. The compensation was for villages Saraipur, Patra, S...


Mar 23 1960

Bishan Dutt Vs. Commissioner of Income-tax, U.P. and V.P., Lucknow

Court: Allahabad

Decided on: Mar-23-1960

Reported in: AIR1960All722; [1960]39ITR534(All)

V. Bhargava, J.1. The question referred by the Income-tax Appellate Tribunal for our opinion is-'whether, from the facts and circumstances of this case the sum of Rs. 9,800 treated as assessee's income from some undisclosed source is liable to be treated as the income of the assessee for the accounting period of the assessee's cloth business in the accounts of which this amount is found credited?'2. The assessment year to which the proceedings related was 1945-46. For that assessment year, the previous year of the assessee in respect of his income from cloth business was from 4th July, 1943 to 26th June, 1944. The sum of Rs. 9,800 referred to in the question appeared as a credit in a suspense account in the account books of the cloth business. The assessee, when called upon to disclose the source of this sum, failed to give a satisfactory explanation and, that explanation having been rejected, the Income-tax Appellate Tribunal held that this sum of Rs. 9,800 was income of the assessee ...


Mar 22 1960

Giyan Singh Vs. Nagar Mahapalika of the City of Agra and anr.

Court: Allahabad

Decided on: Mar-22-1960

Reported in: AIR1961All72

ORDERV.D. Bhargava, J. 1. This is a writ petition under Article 226 of the Constitution filed by Sri Gian Singh, who is one of the Cycle Rickshaw owners in the Nagar Mahapalika of Agra. According to his contention, the State of Uttar Pradesh has embarked on a policy of gradually abolishing the plying of cycle rickshaws in the State. With this object they insisted that the Municipal Boards should frame a set of bye-laws providing for the abolition of cycle-rickshaws in the State. By a letter dated 25/30- 11-1955 25/30- 11-1955 the Government of India had recommended to the State of Uttar Pradesh as also to other States that issue of fresh licences for new cycle-rickshaws should be stopped. The said recommendations of the Government of India were accepted by the State of Uttar Pradesh. In accordance with that policy model bye-law.s were framed, the relevant part of which is as follows: '4. No fresh licences shall be issued after the promulgation of these bye-laws.' The said bye-laws were...


Mar 22 1960

Lakshmi Chand Vs. Pt. Niader Mal

Court: Allahabad

Decided on: Mar-22-1960

Reported in: AIR1961All295

S.S. Dhavan, J. 1. This is a defendant's appeal against a decree of ejectment passed by the learned District Judge of Bulandshahr against the appellant. A sum of Rs. 1328 was also awarded against them as compensation for use and occupation, The facts are these: The respondent Niader Mal is admittedly the owner of tile accommodation in dispute. It is common ground that in 1951 the appellant Lakshmi Chand was in need of accommodation and was admitted into the house by Niader Mal on the recommendation of a common friend Shiam Lal Mittal Vakil. There are conflicting versions about the nature of the transaction made by the parties which resulted in Lakshmi Chand occupying the house, the landlord alleging that Lakshmi Chand was allowed the use of it as a licensee and the latter asserting that he entered possession under a regular agreement of tenancy. It is again common ground that in November 1953 the defendant Lakshmi Chand executed a registered deed of agreement by which he promised to pa...


Mar 22 1960

Pooranmal Kapoorchand Vs. Sri Kishan Maheshwari and ors.

Court: Allahabad

Decided on: Mar-22-1960

Reported in: AIR1961All298; [1961(2)FLR561]; (1961)IILLJ195All

ORDERV.D. Bhargava, J. 1. This is a petition under Artcile 226 of the Constitution.2. The petitioner is a registered firm carrying on the business of purchasing and selling sugar on a wholesale scale, and employs three or four munims.3. According to the petitioner, opposite party No, 1 had become indebted to the petitioner, and since he had no money to pay off the debt, he requested the petitioner that he be employed as a munim in the firm. He was accordingly employed on a salary of Rs. 150/- and it was agreed that opposite party would pay off his debt at the rate of Rs. 20/- p.m. Opposite party No. 1, in May 1955 himself decided to leave the service and entered as a broker in the Upper India Sugar Exchange, Kanpur.Thereafter, the petitioner received a notice dated 25-7-55 from opposite party no. 1 demanding his salary in lieu of leave. The petitioner by letter dated 28-7-55 denied all claims of the opposite party. Thereafter one Mr. Maqbool Ahmad Khan, General Secretary Transport and ...


Mar 22 1960

Mohammad Luqman Sharif Vs. State Transport Authority, Tribunal, Luckno ...

Court: Allahabad

Decided on: Mar-22-1960

Reported in: AIR1961All342

Raghubar Dayal, J.1. This is a special appeal by the appellant against the order of a learned Judge dismissing his petition under Article 226 of the Constitution.2. The facts leading to the petition are a bit complicated, as they concern not only the proceedings on the application of Santosh Kumar, Respondent No. 2, for a stage carriage, permit but are also connected with the applications of two other persons bearing the same name Shanti Swamp.3. We shall first mention the facts concerning the proceedings on the application of Santosh Kumar.4. The appellant runs a stage carriage as private carrier on Muzaffarnagar-Shamli-Kairana route. This route formed part of two other routes also, namely Muzaffarnagar-Shamli-Kairana-Jhinjhana route and Muzaffarnagar-Shamli-Kairana-Kandhla route. The portion between Muzaffarnagar and Shamli of this route was common to two other routes also namely, Muzaffarnagar-Sharli-Jhinjhana-Chausana and Muzaffarnagar-Shamli-Jhinjhana-Bidauli. Upto 1950 four stage...


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