Allahabad Court May 1960 Judgments
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Governor-general of India in Council Representing the Great Indian Pen ...
Court: Allahabad
Decided on: May-20-1960
Reported in: AIR1961All14
V.G. Oak, J.1. This is a defendant's appeal arising out of a suit for compensation, Srimati Bhanwari Devi Jain brought the suit against the governor-General ofIndia in Council representing the Great Indian Peninsular Railway Administration in the year 1947, on the following allegations.2. Srimati Bhanwari Devi plaintiff is the widow of one Tara Chand lain, who was resident of Jaipur. One night he was travelling by a passenger train from Gwalior to Sonagir with his parents and neighbours. The train reached Sonagir station at about 2-20 A.M. during the night between the 6th and the 7th of February 1946, and stopped there for a short while. Tara Chand Jain alighted from the train, stopped on the platform, and was taking out his luggage from the train.At this stage the train suddenly started without any signal or warning. As a result of the starting of the train without a warning, Tara Chand fell down. He was run over by the train. He sustained serious injuries including avulsion of the sk...
Sir Iqbal Ahmad, Senior Advocate, Supreme Court Vs. the Hon'ble the Ch ...
Court: Allahabad
Decided on: May-20-1960
Reported in: AIR1962All391
V. Bhargava, J. 1. Sri Iqbal Ahmad, who has filed this petition under Article 226 of the Constitution, was practising as an Advocate in the High Court of Judicature at Allahabad when, in the year 1932 he was appointed as an Additional Judge of the High Court. Later on he was appointed a Puisne Judge of the High Court in 1933 and at the time of his appointment he gave an undertaking to the following effect :'I undertake also that I will not, after retirement assume practice in the High Court to which I am appointed or to which I may be transferred, or in any of the courts subordinate thereto, provided that neither my salary nor right to leave and pension is varied to my disadvantage nor a further cut imposed during my tenure of office.'He remained on the Bench of the Allahabad High Court for a number of years and during that period he was appointed Chief Justice from which post he retired in the year 1946. In the year 1947 he go', himself enrolled an Advocate of the Chief Court in Oudh....
Pt. Deo Sharma Vs. Commissioner of Income-tax, U. P. and V. P.
Court: Allahabad
Decided on: May-20-1960
Reported in: [1961]41ITR235(All)
BHARGAVA, J. - This is a reference made under section 66 (1) of the Income-tax Act (hereinafter called the Act) by the Income-tax Appellate Tribunal Bombay, Allahabad Bench. The facts as given in the statement of the case are as follows :The assessee, Pt. Deo Sharma (hereinafter referred to as the assessee), was treated for the purpose of assessment as an individual until December 31, 1945. He was a four-annas partner in the firm, L. N. Gadodia & Co., the sole agent of the Kanpur Cotton Mills. This partnership firm was dissolved as its sole agency with Kanpur Cotton Mills terminated and from January 1, 1946, Sharma & Co. became the sole selling agent. For the accounting year ending with May 2, 1946, the assessee was assessed to an income of Rs. 84,135 made up from the following sources :Rs. 14,223Income from Kanpur Cotton Mills retail shop from November 4, 1945, to December 31, 1945.Rs. 24,233Income from Kanpur Cotton Mills retail shop from January 1, 1946, to June 2, 1946.Rs. 6,146Sha...
Smt. Ram Dulari Kaithwar Vs. Inspectress of Girls Schools and anr.
Court: Allahabad
Decided on: May-19-1960
Reported in: AIR1961All64
Mootham, C.J. 1. This is an appeal from an order of Mr. Justice Oak, elated the 18th February, 1958. The facts so far as they are relevant for the purposes of this appeal are these: In 1951 the appellant was appointed to officiate as an Assistant Teacher in a Government Basic Primary School, and she remained in the employment of the State Government until June, 1956. Throughout this period she was a temporary employee. Her relations with the educational authorities do not appear to have been very happy, and on the 15th July, 1955, the Assistant Director of Education (Women), U. P., Allahabad, directed the Inspectress of Girls Schools, 111 Region, Allahabad, to ask the appellant to show cause why her services should not be terminated for having used improper and undesirable language in relation to her superior officers in a representation which she had made to Government.The appellant submitted an explanation and the matter thereafter appears to have been dropped. At about this time it ...
Bawan Ram and anr. Vs. Kunj Behari Lal and anr.
Court: Allahabad
Decided on: May-19-1960
Reported in: AIR1962All42
ORDERV. Bhargava, J.1. I have heard learned counsel for the applicants in this revision by which the applicants challenge an order of an execution court dismissing an objection filed under Order XXI, Rule 90, C. P. C. because of the failure of the applicants to furnish security within time. The newly substituted proviso to Order XXI, Rule 90, C. P. C. by this Court lays down inter alia that 'no application to set aside a sale shall be entertained unless the applicant deposits such amount not exceeding twelve and half percent of the sum realised by the sale or furnishes such security as the Court may, in its discretion, fix, except when the Court, for reasons to be recorded, dispenses with the requirements of this clause.'In this case, the sale was held on 14th February, 1959. The application to set aside the sale under Order XXI, Rule 90, C. P. C. had to be filed at the latest by 16th March, 1959, and either 12 1/2 per cent of the amount had to be deposited or security had to be furnis...
Asharfi and anr. Vs. the State
Court: Allahabad
Decided on: May-19-1960
Reported in: AIR1961All153; 1961CriLJ340
James, J.1. This appeal by Asharfi and Ram Dhani against their conviction and sentence of life imprisonment each for an offence under Section 396 I. P. G. lias arisen in the following circumstances. Caya Prasad Kurmi was a well-to-do man of village Xakoli, police-circle Jahanabad in the district of Fatchpur. He owned a large double-storeyed house, with a court-yard in the middle and an entrance door which at night used to be chained from the inside. On the night between the 29th and 30th January 1958, which was a moonlit one, Gaya Prasad was sleeping in the upper storey while the other inmates of the house slept in various rooms or varandahs on the ground floor.A lantern was burning in the upper storey and another in the court-yard. According to the unrebutted evidence of eye-witnesses, that night at about 11-30 p.m. a gang of about fourteen bandits, armed with pistols, daggers and other weapons, and carrying electric torches, raided the house. Some of the on scaled over the outer wall...
Bankey Vs. State
Court: Allahabad
Decided on: May-18-1960
Reported in: AIR1961All131; 1961CriLJ330
V.D. Bhargava, J. 1. Bankey has filed this appeal against his conviction under Section 376 read with Section 511, I. P. C 2. According to the prosecution there was one Chunni resident of Mauza Basoma, police station Bisault district Budaun. On 6-11-57, which was a day previous to Puranmashi, Chunni along with his son Jai Lal went to Asafpur railway station on his way to Chaubari for taking a dip in the Ganges. He left the ladies and children at the house. Since the train was to leave in the night, they had gone a little earlier and they were sleeping] at the railway station. It is alleged that the accused taking the opportunity of the absence of the adult male members of the family entered the house at about 10 O'clock in the night, caught hold of Smt. Tufania, wife of Jai Lal who was sleeping alone in the Kothri and forcibly wanted to remove her dhoti and to have sexual intercourse with her.Tufania is alleged to have resisted. Thereafter her mother-in-law Smt. Dbarmfa arrived. Both of...
Ram Singh Vs. State
Court: Allahabad
Decided on: May-17-1960
Reported in: AIR1960All748; 1960CriLJ1536
Dhavan, J.1. Ram Singh and Gopal have been sentenced to death by the learned Sessions Judge, Mainpuri for the murder of Mr. Kunwar Krishna Kapoor. The case of the prosecution against them very briefly was this. At the time of his murder M. Kunwar Krishna Kapoor was employed as senior engineer in Hind Lamp Works (Private) Limited, Shikohabad and was drawing a salary of Rs. 900/- and odd per mensem. He was married and had two children a son about 8 and a daughter about 4 years of age. Ram Singh was employed as a domestic servant by Mr. and Mrs. Kapoor. Gopal was in the domestic service of a gentleman by the name of Dr. Bhattacharya who was also employed by the same company which had provided residential quarters for its senior officers.The bungalow of Mr. and Mrs. Kapoor adjoined that of Dr, Bhattacharya both facing south and being almost similar in size, construction and design. In the colony there also lived Mr. B.R. Kriplani who was also a senior engineer of the Company with a salary ...
L. Motilal Vs. Commissioner of Income-tax, U. P. and V. P.
Court: Allahabad
Decided on: May-16-1960
Reported in: [1961]41ITR382(All)
BHARGAVA, J. - The assessee is a Hindu undivided family carrying on money lending business on a small scale and also a business of dealing in shares. The assessee had been dealing in shares for a number of years and prior to the assessment year 1943-44 all the shares held by the assessee were treated by it as stock-in-trade. On September 2, 1942, the closing day of the account year August 25, 1941, to September 2, 1942, relevant to the assessment year 1943-44 the assessee made an entry in the books of account of certain shares in an account styled as investment account. The shares transferred to the investment account were :30 Muir Mills ordinary4 Muir Mills preference100 Samastipur Central Sugar Co. ordinary975 Kanpur Textiles ordinary200 Hansgua Tea Co. ordinary20 Calcutta Safe Deposit Co. ordinary10 Elgin Co-operative Credit Society ordinaryIt was contended by the assessee that these shares were put in investment account in order to make the position of the family safe so that these...
Commissioner of Income-tax, U. P. and Vs. P. V. Kalicharan Jagannath.
Court: Allahabad
Decided on: May-13-1960
Reported in: [1961]41ITR40(All)
BHARGAVA, J. - The question referred for our opinion is :'Whether on the facts and in the circumstances of the case the sum of Rs. 72,637 is liable to be assessed in the assessment year 1946-47 ?'On some date falling within the previous year 1st April, 1945, to 31st March, 1946, the assessee entered into a contract to supply fruits and bullock carts for transport purposes to the military department. The supply had to be made at Chheoki and at Kanpur. The Kanpur trading account showed a loss of Rs. 13,164 on supplies of Rs. 1,84,583. Thereafter, under the terms of the agreement, the assessee submitted a petition to the military department for a review, whereupon the military authorities, on the 6th of November, 1947, sanctioned the payment of an additional sum of Rs. 72,637. This sum was actually paid to the assessee on the 17th of February, 1948 and the 24th of February, 1948. The question arose whether this sum of Rs. 72,637 could be included in the assessment of the income of the ass...
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