Allahabad Court November 1961 Judgments
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Ram Babu Vs. Har Prasad
Court: Allahabad
Decided on: Nov-30-1961
Reported in: AIR1963All239
S.S. Dhavan, J.1. These are two connected second appeals filed by the plaintiff against the decisions of the Civil Judge of Farrukhabad modifying the decree of the trial Court Issuing two injunctions against the defendant. The plaintiff Ram Babu and the defendant respondent Har Prasad are neighbours in the village Bholey Pur in the district of Farrukhabad. The plaintiff's house has a vacant plot of land towards the east, and the defendant's house adjoins this plot towards the south. The dispute centres round the ownership of this plot and the right to use it. It is common ground that the plaintiff was a co-sharer zamindar of this village. He alleged in his plaint that this plot was his sahan but the defendant, in October 1948, interfered with his enjoyment of this land and committed trespass in various ways. He alleged that the defendant had opened six parnalas on the roof of his house towards the north, a nali or drain discharging water into his Sahara as well as a latrine, and opened...
Ram Kumar Ram Chandra and Co. Vs. the Sales Tax Officer Iii
Court: Allahabad
Decided on: Nov-30-1961
Reported in: [1962]13STC305(All)
S.C. Manchanda, J.1. These are two writ petitions under Article 226 of the Constitution directed against the orders of the Sales Tax Officer, Kanpur, assessing the dissolved firm.2. The relevant assessment years are 1953-54 and 1954-55. The firm was dissolved on the 23rd July, 1957. It is contended by Mr. Jagdish Swarup for the petitioner that no assessment can be made on a firm which has been dissolved before the coming into force of the U.P. Sales Tax (Second Amendment) Act, 1957. It is further contended that the U. P. Sales Tax (Amendment) Act, XV of 1961, is ultra vires to the extent that it makes it possible to assess a firm dissolved prior to the 30th November, 1957. The argument is that prior to 1957 a Division Bench of this Court in Jagat Behari Tandon v. State 1957 A.L.J. 77 had held that there was no provision in the U.P. Sales Tax Act, 1948, for any assessment to be made on a dissolved firm. To plug this hole the Legislature introduced the (Second Amendment) Act, XXXII of 19...
Chief Inspector of Stamps, U.P., Allahabad Vs. N.A. Gazder and ors.
Court: Allahabad
Decided on: Nov-29-1961
Reported in: AIR1963All89
ORDERMithan Lal, J.1. This civil revision filed by the Chief Inspector of Stamps arises out of the following circumstances.2. Some of the Parsis of Allahabad have brought a suit for injunction restraining the defendants, who are also members of the Parsi community, from interfering with the rights of the plaintiffs or other Parsis of Allahabad to enter peacefully in the Fire Temple and perform the religious rites etc. The Inspector of Stamps, who has inspected the file, made a report that the relief sought by the plantiffs was a composite relief for declaration and injunction and consequently court-fee was payable under Section 7(iv)(a) of the Court-fees Act The court below did not agree with the report of the Inspector of Stamps. It held that the suit was a mere suit for substantive relief for injunction and court-fee was payable under Section 7(iv-B)(b) of the Court-fees Act. It is against this order that the present revision has been filed.3. It has been contended by the learned Sta...
Sukhanand Mathura Prasad Vs. Baikunth Nath
Court: Allahabad
Decided on: Nov-29-1961
Reported in: AIR1962All509
Mukerji, J. 1. This is a special appeal arising out of a decision made by Mr. Justice Mushtaq Ahmad by which decision the learned Judge modified an order of the court below when the order was made the subject-matter of an execution second appeal in this Court. While deciding the appeal Mr. Justice Mushtaq Ahmad granted leave to file a special appeal, and this is how this appeal is before us.2. On the 18th April, 1934, the appellant firm Sukhanand Mathura Prasad obtained a decree for money in their suit No. 176 of 1933. The decree was for a sum of Rs. 4000/- odd. Applications for execution were made in respect of the decree, and we are concerned in this appeal with the application which was made on the 10th Oct. 1945. The question which falls for determination is one of limitation and for purposes of determining that question, or even for the purpose of understanding the question properly, it is necessary to state that there was a firm called Beni Ram Ganesh Prasad who had obtained a de...
Maikoo Vs. State
Court: Allahabad
Decided on: Nov-29-1961
Reported in: AIR1961All612; 1961CriLJ744
A.N. Mulla, J.1. These are two connected Criminal Appeals arising out of the same case. Maiku is the appellant in Criminal Appeal No. 474 of 1960, while Holi and Sheo Bechan are the appellants in Criminal Appeal No. 507 of 1960. All the three appellants have been convicted under Section 395 I. P. Code and sentenced to ten years' rigorous imprisonment each. Two other accused persons Buddha and Chhedu were also prosecuted in this case, but they were acquitted by the trial court. The appellants are represented by two different counsel.2. Briefly stated the prosecution story is that a dacoity was committed at the house of Munnu Singh, (P. W. 2), a resident of village Rasulpur, police station Khairabad, district Sitapur, on the night between the 3rd and 4th of August, 1959. This dacoity was committed by about 20 to 25 dacoits, who possessed various kinds of arms including fire-arms. In the course of this dacoity Munnu Singh and several of his relations were injured. Munnu Singh himself rece...
Nigam (R.P.) Vs. Kanpur Electricity Supply Administration [by Gupta (K ...
Court: Allahabad
Decided on: Nov-29-1961
Reported in: (1962)IILLJ712All
V.G. Oak, J.1. The short question for determination in this petition under Article 226 of the Constitution is whether the petitioner is entitled to the protection of Article 311 of the Constitution.2. Many years ago, the petitioner was an employee of the Kanpur Electric Supply Corporation, Ltd. In 1947 the State of Uttar Pradesh purchased the undertaking of the Kanpur Electric Supply Corporation, Ltd. The employees of the corporation Joined the service of Uttar Pradesh Government, it appears that the department, which is looking after the affairs of the former corporation, has bees designated as the Kanpur Electricity Supply Administration. When the petitioner Joined Government service, there was an agreement of service between the petitioner and the Uttar Pradesh Government. In accordance with the agreement, the petitioner served the Uttar Pradesh Government between 1953 and 1969. On 22 July 1959 the general manager of Kanpur Electricity Supply Administration passed an order terminati...
Sri Durga Gita Vidyalaya Association Through Ram Singh Kotwal Vs. Stat ...
Court: Allahabad
Decided on: Nov-27-1961
Reported in: AIR1962All187
N.U. Beg, J. 1.This is a special, appeal arising out of a petition preferred by Sri Durga Gita Vidyalaya Association, which is a society registered under the Societies Registration Act (Act No. XXI of 1860). Besides other educational institutions the appellant runs and maintains a school known as Sri Durga Gita Vidyalaya Higher Secondary School, Lucknow. Sri Ram Singh Kotwal is the Secretary and Manager of the said School. Dr. Shyam Lal Pandey was appointed as the Principal of the school under an agreement entered into between the Managing Committee of the school and the said Principal. This agreement is dated the 13th January 1952, and is Annexure 2 in this case. Under Clause 7 of the agreement the Manag-ing Committee had the power to dismiss the Principal in case the latter was found guilty of insubordination, deliberate neglect of duty or any other serious misconduct. Under Clause 10 of the agreement the Managing Committee had also the power to terminate the agreement with the appro...
Raj Kumar Vs. Income-tax Officer, District Iii (iv), Kanpur, and Anoth ...
Court: Allahabad
Decided on: Nov-24-1961
Reported in: [1963]47ITR510(All)
This is a writ petition under article 226 of the Constitution.The prayers contained in the petition are that a writ of certiorari may be issued quashing the orders dated February 24, 1956, March 7, 1956, February 15, 1956, imposing penalty in respect of the assessment years 1944-45, 1946-47 and 1950-51 and further that a writ of mandamus may be issued restraining the respondents from realizing the amount of penalty imposed under the said orders.The material facts are that Ram Bharose, father of the petitioner, was assessed to income-tax for the assessment year 1944-45 by assessment order dated March 28, 1949. Ram Bharose had paid some amount during his lifetime, but a balance of Rs. 17,867 remained to be paid. For the assessment years 1946-47 and 1950-51, the petitioner was assessed under section 24B, on the income of his father, during those two years, were Rs. 11,803-15-0 and Rs. 8,494 respectively.Appeals were filed against the assessment orders in respect of the three years and the...
Durga Das Bhattacharya and ors. Vs. Municipal Board
Court: Allahabad
Decided on: Nov-23-1961
Reported in: AIR1962All277
Desai, C.J. 1. I regret that I have to differ from my brothers Jagdish Sahai and Bishambhar Dayal and to say that the appeal deserves to be dismissed.2. The Municipal Board framed Rickshaw bye-laws in exercise of the power conferred upon it under Sections 298 (II)-List I-I-I (c) and (d) and 294. It is not in dispute that it could in exercise of the power frame the bye-laws imposing the obligation of taking out licences on the proprietors and drivers of rickshaws and fixing the fees payable for the licenses. What is contended is that Clause (12) of the bye-laws fixing a fee of Rs. 30/-for a licence granted to a proprietor, and Clause (14) fixing a fee of Rs. 5/- for a licence granted to a driver, of a rickshaw are invalid, because the total amount realised from the licence fees far exceeds the expenses incurred in the regulation of the plying on hire of rickshaws. It was contended in the plaint that the Board could charge a licence fee just to cover the probable, expenses of regulating ...
Sarju Ram Baranawar and ors. Vs. Taji Bibi and anr.
Court: Allahabad
Decided on: Nov-23-1961
Reported in: AIR1962All422
Desai, C.J. 1. I agree with my brother Ramabhadran that the stipulations in the mortgage deed that the mortgage could not the redeemed for forty-nine years, that the mortgagees were entitled to rebuild the house and repair it and recover the costs from the mortgagors with interest at the high rate of 24 per cent per month along with the principal money and that they were entitled to recover from the mortgagors the taxes along with the principal money with interest at the same high rate amounted to a clog on the equity of redemption. There was no limit to the amount which the mortgagees could spend on rebuilding the house and the taxes were to be paid by them and the mortgagors were not allowed to pay the taxes or to compensate them at once. There is no doubt that these stipulations taken together made it practically impossible for the mortgage to be redeemed. The amount of the principal was only Rs. 334/- and making the mortgagors liable to pay a huge sum, out of all proportion to the ...
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