Allahabad Court August 1960 Judgments
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State of U.P. Through Administrator, Improvement Trust, Agra Vs. Raj N ...
Court: Allahabad
Decided on: Aug-31-1960
Reported in: AIR1961All432
A.P. Srivastava, J. 1. This is an appeal by the State against an order of Mr. Justice Mehrotra by which he allowed a petition filed by the respondent under Article 226 ofthe Constitution. 2. The Administrator of the Improvement Trust, Agra, acting under bye-law No. 3(1) of the Bye-laws of the Agra Municipal Board issued a notice to the respondent directing him to remove what was said to be an encroachment on a portion of land measuring 329.7 square yards on Nazul Plot No. 2325 situate at Phatak Suraj Bhan, Belanganj, Agra. As the notice was not complied with within the time allowed an order was passed by the Administrator directing that the encroachment be removed by the agency of the Agra Improvement Trust at the cost of the respondent. The respondent then filed the writ petition out of which this appeal has arisen and prayed that the notice as well as the order be quashed by a writ of certiorari and be not allowed to be enforced. The ground urged in support of the petition was that b...
Allahabad Glass Works Vs. Commissioner of Income-tax, U.P. and V.P.
Court: Allahabad
Decided on: Aug-30-1960
Reported in: [1961]42ITR439(All)
The questions referred for the opinion of this court are :'(1) Whether on the facts and in the circumstances of the case there was material before the Income-tax Officer to discard the assessees books of account and disallow the loss and depreciation allowance claimed by the assessee for his business, Gujrat Pottery Works, for the assessment year 1947-48 merely because there were certain mistakes in recording the English year in the cash book and certain pay sheets were not found to be in order ?(2) Whether on the facts and in the circumstances of the case, there was material before the Tribunal to disallow the loss amounting to Rs. 29,946 as determined by the Appellate Assistant Commissioner, and depreciation relating to the business of Gujrat Pottery Works for assessment year 1947-48 claimed by the assessee merely because the cash book was held to have been written not from day to day but much later ?'The assessee is a firm of five partners and runs a glass works at Allahabad and Pot...
Lala Jagdish Prasad and anr. Vs. Administrator, Municipal Board, Sahar ...
Court: Allahabad
Decided on: Aug-26-1960
Reported in: AIR1961All583
ORDERS.N. Dwivedi, J.1. These petitions, which proceed on similar facts and questions of law, are being disposed of by a common judgment.2. The petitioners are owners of lands and buildings situate within the municipal limits of Saharanpur. They are required by Saharanpur Municipal Board (hereinafter called the Board) to pay various sums due from them as watertax on their lands and buildings, and they seek to challenge the legality of the municipal demand on a number of grounds. The demand is made at the rate of 10 per cent on the annual valuation of lands and buildings.3. The Board imposed water-tax on lands and buildings with effect from January 1, 1957. It appears from paragraph 17 of the counter-affidavit of Sri Anand Prakash Mittal that the assessments for the period between January 1 and March 31, 1957 were made on the basis of the quinquennial assessment list of buildings and lands ending on March 31, 1957, while the assessments for the financial year 1957-58 were made on the ba...
Dr. (Kumari) Mercy I.B. Clive Vs. the State
Court: Allahabad
Decided on: Aug-24-1960
Reported in: AIR1961All288; 1961CriLJ586
ORDERD.P. Uniyal, J. 1. This is an application under Section 561-A, Cr. P. C., by Dr. (Kumari) Mercy I. B. Clive for an order expunging from the judgment of the trial Court as well as from the appellate judgment of this Court, certain remarks which tend to reflect adversely on the character of the applicant, as a public servant. 2. The facts giving rise to the application are these: One Gajadhar made a report at Police Station Gahmar, Distt. Ghazipur, alleging that his daughter Kumari Tulsi Devi aged 9/10 years had been raped by one Kawal Bas on the 13th of August 1956 between 3 and 4 p.m. After record-Ing the report the Station Officer sent the girl in the company of Constable Moinuddin for medical examination to the Dufferin Women's Hospital, Ghazipur, on the 14th of August, 1956. The applicant was at that time the Lady Doctor in charge of Dufferin Women's Hospital. She examined the girl and handed over her report Ex. Kha-14 to the Constable. The girl was, however, not sent with the ...
Regional Transport Authority and anr. Vs. Sri Kashi Prasad Gupta and o ...
Court: Allahabad
Decided on: Aug-24-1960
Reported in: AIR1962All551
Mootham, C.J. 1. These are two appeals from an order of a learned Judge dated the 1st, January, 1960, Sri Ram Audh Misra, the first appellant in Appeal No. 11, held a permit permitting him to ply a stage carriage on the Deoria-Lar route, and Sri. Mohammad Ismail and Sri Mahabir Prasad, the second and third appellants in that appeal, were the holders of permits permitting them to ply on the Siswabazar-ThuthibarI route. Schemes under Chap. IVA of the Motor Vehicles Act were prepared, whereunder these two routes were to be operated exclusively by a state transport undertaking; and in due course the schemes were approved and the two routes became notified, routes. The schemes involved the displacement of the three appellants, arid provision was made in the schemes for the payment to them of compensation therefor. Although the schemes made no provision for the appellants being offered alternative routes, the Regional Transport Authority, Gorakhpur, offered permits to the three appellants pe...
Devi Dayal and ors. Vs. Ram Kumari Devi
Court: Allahabad
Decided on: Aug-22-1960
Reported in: AIR1961All107
Nigam, J.1. The facts of this case are clear and have been stated by the learned Single Judge who made the reference to the Bench in his order dated 29-9-1959. They also lie within a short compass. The decree-holders Seth Devi Dayal and others obtained a decree against Rani Ram Kumari Devi for a sum of Rs. 5,000/- and odd payable in half yearly instalments of Rs. 272/12/- on 26th August, 1936. The entire amount was made payable in 20 instalments. Seven instalments were paid and then a default was made in respect of three instalments. Thereupon an execution application was filed on 23-11-1941. This was in respect of the entire decretal amount.A sum of Rs. 481/-/6 was realised. A second execution application for the entire balance was filed on 10-8-1943. A third was filed on 16-12-1946 and the fourth on 14-9-1949. All these three proved infructuous. A fifth application was filed on 6-5-1950. A sum of Rs. 200/3/- was realised. The sixth application dated 31st May, 1951 realised a sum of R...
Badullah Vs. State
Court: Allahabad
Decided on: Aug-19-1960
Reported in: AIR1961All397; 1961CriLJ169
A.N. Mullah, J.1. One Majid was shot at on the night between the 1st and the 2nd of March, 1959 at his house in village Maramau Khurd, police station Pisa-wan, district Sitapur. The report was lodged by Majid himself and he named one Tasadduq as his assailant. Subsequently Majid died. Sri Imtiaz Ali, station officer Pisawan, investigated this case. In the course of investigation it is alleged that he took a search of the house of Tasadduq on the 2nd of March, 1959 in the presence of Tasadduq and his father Budha Khan and some search witnesses including Badullah, Imami Khan and Niaz Ahmed and recovered unlicensed fire-arms from the possession of both.After completing the investigation he prosecuted both Tasadduq and Budha Khan. Budha Khan was prosecuted under Section 19(f) of the Arms Act, while two cases were launched against Tasadduq, one under Section 302 I. P. Code and the other under Section 19(f) of the Arms Act. The case of Budha Khan was heard by Shrimati Usha Kansal, Sub-Divisi...
Mahboob Hasan Khan and ors. Vs. Syed Bashir HusaIn and ors.
Court: Allahabad
Decided on: Aug-19-1960
Reported in: AIR1961All527
N.U. Beg, J.1. This is an appeal from an order of the lower court refusing to set aside the abatement of an appeal. It arises out of a suit filed under Section 59 of the U. P. Tenancy Act praying for a declaration in respect of the plaintiffs' tenancy rights in a grove.2. The trial court held that a suit of this nature should have been filed in the revenue court. It, accordingly, directed that the plaint should be returned to the plaintiff under Order 7, Rule 10, C.P.C. for presentation to the proper court.3. Dissatisfied with the said order, the plaintiff filed an appeal. Respondent No. 8 in this appeal was one Zafar Ahmad. He died. No steps were taken by the appellant to have his legal representatives brought on record within the period of limitation provided therefor. Three years after his death, the appellant made an application . for setting aside the abatement of the appeal against respondent No. 8 on the ground that he had no knowledge of the death of respondent No. 8 till 2-10-...
Raj NaraIn Vs. State
Court: Allahabad
Decided on: Aug-16-1960
Reported in: AIR1961All531; 1961CriLJ586a
A.N. Mulla, J. 1. This is a petition filed by Sri Raj Narain, who is a member of the Legislative Assembly of Uttar Pradesh under Article 228 of the Constitution of India. Sri Raj Narain is being prosecuted under Section 117 I. P. C. and Section 7 of the Criminal Law Amendment Act, 1932, in the: Court of a Judicial Magistrate at Lucknow. The charge has already been framed in this case and subsequent to the framing of the charge an application on behalf of the petitioner was presented before the Magistrate under Section 432 (1) Gr. P. C. Praying that the case be referred for decision to the High Court. The Magistrate by his order dated the 17th of June, 1960, rejected the prayer as in his opinion sufficient grounds were not made out to make this reference. The petitioner then came before the High Court under Article 228 of the Constitution of India. As the question raised in this petition was a substantial question of law as to the interpretation of the Constitution and the determination...
Shyam Sunder and anr. Vs. Shanti Devi
Court: Allahabad
Decided on: Aug-16-1960
Reported in: AIR1961All563
N.U. Beg, J.1. This second appeal arises out of execution proceedings. The respondent in this appeal, namely, Srimati Shanti Devi was the decree-holder. In execution of her decree, she proceeded to attach certain properties. Shyam Sunder appellant No. 1 in this appeal filed certain objections to the attachment of the said property on behalf of Sri Thakurji, Shyam Sunder purported to file these objections as the manager or sarbarakar of Sri Thakurji. These objections were dismissed by the execution court with costs.These costs amounted to Rs. 414/2/-. Shanti Devi then put the said decree for costs into execution, and prayed for its execution by means of arrest of Shyam Sunder, the Sarbarakar of Sri Thakur Ji. Her case was that the objections were in fact, filed by Shyam Sunder who was the real person responsible for the same. The execution court, however, rejected the application of Sumati Shanti Devi on the ground that the application was not maintainable against Shyam Sunder, as the p...
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