Allahabad Court November 1961 Judgments
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Devendra Prakash Vs. Income-tax Officer, Bareilly.
Court: Allahabad
Decided on: Nov-23-1961
Reported in: [1963]47ITR501(All)
These three petitions under article 226 of the Constitution raise common points and can be conveniently dealt with by a common judgment.The prayer contained in the petitions is that an order of rectification under section 35 of the Income-tax Act dated March 3, 1960, made in all the three cases and notices of demand of the same date in consequence of the order of rectification may be quashed. It is also prayed that in the assessment forms accompanying the notices of demand dated March 3, 1960, the interest charged under section 18A of the Act may be knocked off.The facts giving rise of the petitions are there was originally a Hindu undivided family carrying on business under the name and style of Hirday Narain Yogendra Prakash. Hirday Narain was the father and Yogendra Prakash was his son from his first wife. On September 30, 1949, there was partial partition in respect of the business and with effect from October 1, 1949, a partnership was constituted by the father and the son, Yogend...
Agarwal Iron Works Vs. Labour Court and ors.
Court: Allahabad
Decided on: Nov-22-1961
Reported in: (1962)IILLJ334All
V.G. Oak, J.1. This writ petition is directed against a proceeding pending before a labour court.2. The petitioner is a registered partnership firm. Respondents 3, 4 and 5 were employees of the petitioner. They were discharged in July 1960. It was pressed on their behalf that their discharge was unjustified. On 30 November 1960 the State Government referred the dispute between the parties to the labour court at Meerut. The question referred to the labour court was whether the discharge of the three workmen was legal and justified. That matter is now pending before the labour court, Meerut, which is respondent 1 in the writ petition. The writ petition is directed against that proceeding.3. As many as six grounds have been mentioned in the writ petition. Grounds 1 and 2 involve certain disputed questions of fact. It is open to the petitioner to establish his version of the facts before the labour court, Meerut. It is not necessary to decide those disputed questions of fact in the writ pe...
Ram Chandra Vs. Muneshwar and ors.
Court: Allahabad
Decided on: Nov-21-1961
Reported in: AIR1962All248
Mukerji, J.1. This second appeal was referred to a Bench for decision by our brother Srivastava, J., because in his view a decision given by Bishambhar Dayal, J. in Ram Lochan Singh v. Lakshmi Shankar, Civil Revn. No. 1492 of 1956 on 6-1-1958 which was followed by Dhavan, J. in Raghuraj Narain v. Judicial Officer, Gaziabad, 1959 All LJ 681 needed reconsideration.2. The suit out of which this second appeal arose had been filed on the 18th August, 1953, in the Court of the Munsif Sultanpur. The suit was for a permanent injunction to restrain the defendants from interfering with the plaintiff's possession over seven plots of land in village Maksudan Pura in the district of Sultanpur. The plaintiff claimed certain rights in respect of the lands under the U. P. Zamindiari Abolition and Land Reforms Act. The defendants, on the other hand, claimed certain rights in respect of the lands in dispute.3. On the pleadings of the parties the trial court, namely the Court of the Munsif struck no less...
Badri Das Gauri Dutt Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Nov-21-1961
Reported in: AIR1962All483
Mukerji, J.1. These two special appeals have come up before us on leave granted by a learned Single Judge. The appeals raise the same point and we shall dispose them, as did the learned single Judge, by a common judgment.2. The appellant, who was the plaintiff in both the suits out of which these appeals have arisen, booked two separate consignments of one bale of cloth each for carriage on the Bombay-Baroda route of the Central Indian Railway, as it then was; both the consignments were booked to 'Self'. The first consignment was booked at Ahmedabad on the 1st of May, 1943, for carriage to Basti. The second consignment was booked at Wadi Bunder on the 29th of May, 1943, for carriage to Basti.3. The first consignment, which had been booked on the 1st of May, 1943, a rived at Basti on the 11th of May, 1943, while the second consignment, which had been booked on the 29th of May, 1943, arrived at Basti on the 11th of June, 1943. Both the consignments arrived in a 'loose' and damaged condit...
Kedar Nath Jai Prakash Vs. Chhajju Mal Sumerchand
Court: Allahabad
Decided on: Nov-21-1961
Reported in: AIR1962All586
Ramabhadran, J. 1. This second appeal by a J.D. has been referred to us by our brother Takru, as in his opinion, it was desirable that this appeal should be heard by a Division Bench.2. The facts, giving rise to this appeal are as follows: The respondent decree-holder (Firm Chhajju Mal Sumerchand, Delhi) had obtained a decree for a sum in excess of Rs. 7,000/- from the Court of the Subordinate Judge at Delhi. That decree provided for payment in instalments, subject to the condition that in the event of two consecutive instalments remaining unpaid, it would be open to the decree-holder, to realise the entire out standing balance at once. The judgment-debtor paid a sum of Rs. 2,250/- in six instalments, by 27-10-1955, after which there were no payments. The decree-holder under the impression that he was entitled to enforce the default clause, put his decree into execution for the balance of Rs. 4,143/-. He also got the decree transferred for execution from the Delhi Court to the Munsif a...
Raja Sriniwas Prasad Singh Vs. S.D.O. and anr.
Court: Allahabad
Decided on: Nov-21-1961
Reported in: AIR1962All590
A.P. Srivastava, J.1. This is a petitioner's special appeal against an order of a learned single Judge of this Court dismissing his petition under Article 226 of the Constitution. 2. Prior to the abolition of Zamindari in this State the appellant owned extensive zamindari interests in two tahsils of the Mirzapur district, viz., Tahsil Mirzapur and Tahsil Chunar. On the coming into force of the Zamindari Abolition and Land Reforms Act, 1950 with effect from the 1st July 1952 the State acquired all the proprietary interests of the appellant in his zamindari properties and under the provisions of the Act the appellant became entitled to compensation. The Sub-Divisional Officers of the Mirzapur and the Chunar tahsils who were functioning as compensation officers under the Act prepared draft compensation assessment rolls which were duly notified as required by the Act. The appellant filed objections to the draft rolls and contended that the amount of compensation payable to him should have ...
L. Nathu Lal Vs. Dominion of India
Court: Allahabad
Decided on: Nov-20-1961
Reported in: AIR1963All137
K.B. Asthana, J.1. This is a plaintiffs appeal whose suit against the Dominion of India now the Union of India for recovery of damages has been dismissed by the learned Additional Civil Judge, Kanpur.2. The plaintiff carried on trade and business in the sale and purchase of potatoes in Farrukhabad. On 31st March 1947 the plaintiff booked 170 bags of potatoes containing two maunds and five seers of potatoes in each bag from Kanpur to be transported to Wadi Bandar, Bombay on G. I. P. Railway (now the Central Railway). The plaintiff paid freight on the reduced rate and executed risk notes in Forms A and B in accordance with the requirements of the Indian Railways Act. The potatoes were loaded in a wagon No. 6779 at Kanpur railway station for direct despatch to Bombay and the wagon started from Kanpur without any delay. It reached Jhansi on2-4-1947 and left that place the same day reaching Bhusawal on 6-4-1947. It appears that onreaching Bhusawal the aforesaid wagon was declared sick and a...
Sis Ram Vs. Asa Ram and ors.
Court: Allahabad
Decided on: Nov-20-1961
Reported in: AIR1963All306
S.S. Dhavan, J.1. This is a plaintiff's second appeal against the decision of the First Civil Judge of Saharanpur dismissing their suit for possession of the site of a house in the abadi of village Gangnoli in the district of Saharanpur. The plaintiffs alleged that they were the zamindars of the plot and the defendants their riyaya, and contended that the village being an agricultural one, a riyaya has no right to sell the malba (material) of the house in which he is permitted to reside nor can he transfer his right of residence. They further alleged that the second defendant had illegally sold the house and the land in dispute to the first defendant and this entitled the plaintiffs to resume possession. The first defendant alone contested the suit and denied that the village was agricultural. Ho relied on a custom permitting a riyaya to sell the malba of his residential house together with his right of residence.2. The trial court held that there was no right of transfer in this villa...
Smt. Kaushailiya Vs. State
Court: Allahabad
Decided on: Nov-17-1961
Reported in: AIR1963All71; 1963CriLJ138
ORDERW. Broome, J. 1. These six criminal revision applications from Kanpur involve identical questions of law and may conveniently be dealt with together. Proceedings have been launched against all the six applicants under Section 20 of the Suppression of Immoral Traffic in Women and Girls Act 1956, on the ground that they are prostitutes and that in the interests of the general public they should be asked to remove themselves from the places where they are at present residing. Objections have been filed at the initial stage of the proceedings in the Court of the City Magistrate of Kanpur, before whom the cases are pending, claiming that the proceedings are not legally maintainable and should be dropped; but the learned Magistrate has repelled this argument and the applicants have accordingly been obliged to approach this Court. 2. The contention of the applicants is twofold : firstly that the Magistrate is not entitled to take action against them under Section 20 Suppression of Immora...
Sukhbasi Lal Vs. Durjan Singh
Court: Allahabad
Decided on: Nov-17-1961
Reported in: AIR1963All119
S.S. Dhavan, J.1. This is a plaintiff's second appeal against a decision of the Additional Civil Judge of Farrukhabad dismissing his suit for possession of a house and the land surrounding it which has been described as a sahan. The plaintiff Sukh Basi Lal alleged in his plaint that he is the owner of the house situate in the abadi of the village Pipergaori in the district of Farrukhabad, that this house was let out to the defendant Durjan Singh on rent, that the defendant was asked to vacate the house but refused to do so; hence the suit.2. The defendant contested it and denied that he was a tenant, though he admitted that the plaintiff is the owner of the property in dispute. He alleged that about 35 years ago he built the house on the site of a Khandhal with the permission of the plaintiff who had allowed him to live in it ewer since. The defendant pleaded that as he had constructed the house at his own expense he was a licences whose licence was protected by Section 60 of the Easem...
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