Allahabad Court February 1961 Judgments
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Jai Ram Singh Vs. Bhuley and ors.
Court: Allahabad
Decided on: Feb-22-1961
Reported in: AIR1963All27; 1963CriLJ33
ORDERKailash Prasad, J.1. This is a reference by the Sessions Judge Bulandshahr, recommending that the order of the Magistrate staying the proceedings should be set aside and the Magistrate be directed to find if the public way determined by the consolidation authorities has been obstructed by Bhule and others.2. Proceedings under Section 133, Cri. P. C. started on the application of Jai Ram Singh alleging that Bhule and others (opposite parties) had obstructed a public way passing through plot No. 373 in village Suthari. The application was sent by the Magistrate to the Station Officer, Bisa-rakh, for report. The Station Officer reported that Bhule and others had illegally closed the public way by constructing a wall. Thereupon the Magistrate passed a conditional order requiring Bhule and others to remove the obstruction. Bhule and others filed a written statement denying the existence of any public way on the land on which they were constructing wall. They examined three witnesses in...
L.H. Sugar Factories and Oil Mills (Private) Ltd. Vs. State of Uttar P ...
Court: Allahabad
Decided on: Feb-22-1961
Reported in: AIR1962All70; [1961(2)FLR421]; (1961)ILLJ686All; (1963)ILLJ340All
ORDERS.S. Dhavan, J.1. This is a petition by the L.H. Sugar Factories and Oil Mills Limited, Pilibhit under Article 226 of the Constitution challenging the legality of an award made by the Labour Court Bareilly, holding that the petitioner company had wrongfully and unjustifiably deprived ten workmen of promotion to the post of driver-cum-assistant fitter and further declaring these workmen entitled to the same emoluments and increment in their salary and to the same terms of employment which had been given to eleven other workmen who had been preferred in the matter of promotion. All the ten workmen are respondents in the petition, the other respondents being the Labour Court, Bareilly, the State of Uttar Pradesh and the Workmen of the company represented by the Pilibhit Sugar Mill Labour Union. The facts as alleged in the affidavit supporting the petition are related in the following paragraph. But I would like to make a few comments on this affidavit. It is sworn by a person of the ...
Laxmi Co. Vs. Commissioner of Income-tax, U.P. and V.P.
Court: Allahabad
Decided on: Feb-20-1961
Reported in: [1961]43ITR415(All)
BHARGAVA J. - The question referred for our opinion by the Income-tax Appellate Tribunal is :'Whether there is any material on which the Tribunal could come to the conclusion that the purchase and sale of silver bars was an adventure in the nature of trade ?'The original statement of the case and the supplementary statement of the case together show that the assessee, which was a partnership firm, was carrying on the business of agency of cloth and was constituted for that purpose. On December 30, 1941, the assessee purchased ten bars of silver and on January 2, 1942, another five bars of silver, having paid a total sum of Rs. 30,716 as the price of those bars of silver. The transaction was entered in the books of account of the assessee by debiting this amount in an account styled as 'silver account' in the ledger maintained for the selling agency business. Eight of those silver bars were sold on September 16, 1944, and the remaining seven on September 17, 1944, as a result of which a...
Shyam Sunder Lal Vs. Lakshmi NaraIn Mathur
Court: Allahabad
Decided on: Feb-16-1961
Reported in: AIR1961All347
B.N. Nigam, J. 1. Shyam Sunder Lal filed suit No. 139 of 1954 in the court of Munsif Unnao South, exercising jurisdiction of Judge Small Causes, claiming a decree for Rs. 240/- from Lakshmi Narain on account of rent from 1st of December, 1952 to 31st July, 1954. The plaintiff alleged that the defendant was his tenant at Rs. 12/- per mensem and had not paid the amount despite demand. The defence was that the rent up to February, 1954 had been paid up. It was further pleaded that the agreement regarding payment of rent was itself void and the plaintiff could not recover the amount. The reason for the agreement being void was that it was entered into in contravention of the express provisions of the U. P. (Temporary) Control of Rent and Eviction Act (U. P. Act III of 1947). The plaintiff refuted the suggestion that U. P. Act III of 1947 was applicable to the building and pleaded that the building had been constructed in January, 1951. The learned trial Judge thereupon framed the following...
Har Sharan Varma Vs. Chandra Bhan Gupta and ors.
Court: Allahabad
Decided on: Feb-15-1961
Reported in: AIR1962All301
ORDERS.S. Dhavan, J.1. This is a petition by Sri Har Sharan Verma under Article 226 of the Constitution praying for the issue of a writ in the nature of quo warranto to Sri Chandra Bhan Gupta, Chief Minister, Government of Uttar Pradesh, Lucknow, to show by what authority he claims to hold the office of Chief Minister and to be a member of the Legislative Council. The petitioner asks for a declaration that Mr. Chandra Bhan Gupta's appointment as Chief Minister and nomination to the Legislative Council are invalid and unconstitutional, and he also wants this Court to declare the office of the Chief Minister and the seat held by Mr. Chandra Bhan Gupta vacant, and issue an injunction against Mr. Gupta restraining him from functioning its Chief Minister or as a nominated member of the U. P. Council. The respondents to this petition are Sri Chandra Bhan Gupta and Dr. B. Ramkrishna Rao, Governor of Uttar Pradesh.2. In his affidavit supporting the petition Sri Har Sharan Varma states that he ...
Paras Ram Vs. Janki Bai
Court: Allahabad
Decided on: Feb-09-1961
Reported in: AIR1961All395
Desai, Ag. C.J.1. The question referred to us in this appeal is whether the appeal lies to this Court or to the Court of the District Judge, Kanpur.2. The material facts arc as follows : A petition under Section 10 of the Hindu Marriage Act, 1955, was filed by the appellant, the husband, against the respondent his wife, in the Court of the District Judge, Kanpur, who transferred it for disposal to the First Civil Judge, Kanpur. No valuation was given on the petition at all. An application for relief under Section 24 of the Act was made before the learned Civil Judge by the wife and ho passed the order under appeal to the effect that further proceeding on the appellant's petition would remain stayed so long as he did not pay to the wife the sum of Rs. 250/- for her cost of defending the proceeding as ordered on the 7th April, 1958.The appellant, being aggrieved by the order, preferred this appeal to this Court. The appeal wasvalued in the memorandum of appeal at Rs. 250/-, The memorandu...
Nar Singh Datt Vs. Ram Pratap and ors.
Court: Allahabad
Decided on: Feb-09-1961
Reported in: AIR1961All436
J.D. Sharma, J. 1. This is a decree-holder's appeal against the judgment and decree of the learned Civil Judge, Gonda. 2. The decree for a sum of Rs. 1,600/- was passed against Brij Lal on the 28th August, 1948. Brij Lal died and his heirs were substituted in his place. On the 26th September, 1948 the decree-holder applied for execution by attachment and sale of a house. On the 12th November 1948 the judgment-debtors filed an objection on the ground that the house was occupied by them as agriculturists and it was therefore exempted from attachment and sale under Section 60(1)(c) C. P. C. The objection was finally dismissed by this Court on the 4th March 1958 and it was held that the house was not occupied by the judgment-debtors as agriculturists. On the 26th March 1958 the decree-holder made an application purporting to be under Order 21, Rule 66 (3) C. P. C. The judgment-debtors again filed an objection on the 30th April 1958 claiming exemption from sale of the house under Section 60...
Surendra Bahadur Singh Vs. Iqbal Bahadur and ors.
Court: Allahabad
Decided on: Feb-09-1961
Reported in: AIR1961All555
ORDERJ.D. Sharma, J.1. This is an application in revision by the Chief Inspector of Stamps under Section 6B of the Court-fees Act against an order dated the 10th January, 1957 of the Civil Judge, Gonda, holding the court-fee paid to be sufficient. 2. The plaintiff brought the suit on the allegation that on the death of Rani Manraj Kuar who died in 1946 there were several claimants including the defendants to her estate. The defendants had no money and on the 12th November, 1946 they entered into an agreement with the plaintiff to the effect that the plaintiff would finance the litigation and in the event of the defendants' success he would get one-half of the property. The defendants were successful in the suit brought by them and in view of the agreement aforesaid the plaintiff was entitled to half the estate. On account of the abolition of the zamindari the plaintiff was entitled to half share in the compensation bonds relating to the estate of Rani Manraj Kuar. 3. The relief claimed...
Sukhdeo Sharma Vs. State
Court: Allahabad
Decided on: Feb-08-1961
Reported in: AIR1961All637
ORDERW. Broome, J.1. The applicant, Sri Sukhdeo Sharma, an Advocate practising in Ghaziabad (district Meerut) has been convicted by a first class Magistrate of Ghaziabad for an offence under Section 448 I. P. C. and has been sentenced to pay a fine of Rs. 1,000/-. His conviction and sentence have been confirmed in appeal by the II Additional Sessions Judge of Meerut.2. The prosecution story in brief runs as follows. At about 10 p.m. on 4-8-1959, Sri M. Sayee-dullah, S. D. M. Ghaziabad, returned home with his wife after visiting a friend and found the door of his office room open, with the light on. A man came out and went away without replying to any questions, and then the accused applicant also came out of the room, wearing a bush shirt and green striped pyjama trousers, The Magistrate asked him what he was doing in the office and he replied that he had brought some rulings.Sri Sayeedullah then enquired why he had come at such a late hour, but the applicant gave no further reply and ...
Municipal Board, Kheri Vs. Ram Bharosey and ors.
Court: Allahabad
Decided on: Feb-06-1961
Reported in: AIR1961All430
Jagdish Sahai, J. 1. These are four connected second civil appeals. It is not necessary to give in details the facts of the cases because the question that arises is one of law and enumeration of many facts is not required for the decision of the same. 2. Ram Bharosey who is the respondent in all the four appeals filed two suits in the Court of the Munsif, Kheri, for damages against Sardar Teja Singh and the Municipal Board of Kheri, hereinafter referred to as the Board, on the allegation that the Board illegally in the teeth of their own bye-laws and in spite of his protests granted a licence to Sardar Teja Singh to put up a flour mill adjacent to his house with the result that as a consequence of vibrations produced by the mill his house got badly damaged. The necessity of two suits arose because the suit allegations were that damage had been caused to the building of Ram Bharosey during two different periods. Both the suits were tried together. The trial court (the learned Munsif) d...
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