Allahabad Court March 1961 Judgments
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Narsingh Das and anr. Vs. Permeshwari Das
Court: Allahabad
Decided on: Mar-20-1961
Reported in: AIR1962All65
Beg, J.1. This is a defendant's Special Appeal. It arises out of a suit for arrears of rent and damages and for possession of the land in suit after the removal of the constructions raised thereon by the defendants. The respondent is the landlord of the premises in question. The instrument of lease which is alleged to be the basis of the tenancy of the defendant-appellants was executed on the 20th of July 1943 for a period of 30 years on an annual rent of Rs. 100/-. One of the terms of the lease was that the lessee would be liable to pay rent every third month, and that, in the event of the lessee failing to comply with this term, he would be liable to ejectment even before the expiry of the period for which the lease was granted, and the lessor would then have the right to get possession of the premises by removal of constructions erected thereon. The rent fell into arrears after the 20th of July 1950 and a sum of Rs. 333/14/-becunii! due for the period 20th of July 1950 to 19th Novem...
Ayub and ors. Vs. the State
Court: Allahabad
Decided on: Mar-17-1961
Reported in: AIR1962All141
Uniyal, J.1. The matter referred to us relates to the quantum of sentence that should ordinarily be awarded in respect of offences committed under the U. P. Prevention of Cow Slaughter Act, 1955. The question referred for our decision is as follows:'Should the object of the enactment alone be kept in mind while awarding sentence, or extraneous circumstances, e.g., the likely consequences of an unlawful act, be also taken into consideration? Further, where the unlawful act is likely to cause the breach of peace, should the Courts of law adopt a strict attitude by awarding a severe sentence, of course commensurate with the maximum penalty provided under the law?'2. There has been a divergence of opinion among the Judges of this Court on the question of the measure of punishment that should be awarded in cases of cow slaughter. It is to resolve this difference of opinion that the above reference has been made. The Legislature has set forth the objects which prompted it to make the legisla...
State Vs. Ram Bilas and ors.
Court: Allahabad
Decided on: Mar-16-1961
Reported in: AIR1961All614
Mulla, J. 1. This is an appeal filed by the State in a dacoity case. The Additional Sessions Judge of Sitapur acquitted the fourteen accused respondents, who were prosecuted under Section 395 I. P. Code, but this decision aggrieved the State and it has filed this appeal. 2. The main ground on which the trial court acquitted the accused-respondents was that only two witnesses were examined before the committing Magistrate and the identification by one of these witnesses was totally unreliable. It ignored to take into Consideration the identification by the other witnesses who were produced for the first time before the trial court in view of a Divisional Bench decision of this Court in Lalla Singh v. The State, Cri. Appeal No. 291 of 1958, D/- 15-12-1959 (All). The Divisional Bench consisted of Mr. Justice James and one of us and the decision was dictated by Mr. Justice James. One of us who sat on that Bench concurred with that decision. It was observed in that decision: 'No witness of ...
Sukh Ram and anr. Vs. Gori Shanker and anr.
Court: Allahabad
Decided on: Mar-15-1961
Reported in: AIR1962All18
M. Lal, J.1. This second appeal filed by the plaintiffs arises out of a suit for declaration that the sale deed executed by Smt. Kishan Dei in favour of defendant No. 1 was null and void and the same be cancelled. 2. Plaintiff No. 1 is the husband's brother of Smt. Kishan Dei, while plaintiff No. 2 is the son of plaintiff. No. 1. Admittedly when Hukam Singh, husband of Smt. Kishan Dei, died in 1952, the family was joint and he died as a member of a joint Hindu family with his brother, Sukh Ram. Smt. Kishan Dei had executed a sale deed on 15-12-1956 in favour of defendant No. 1 in respect of half of the house which was ancestral and half of the shop which had been jointly purchased by Hukam Singh and plaintiff No. 1. This sale was said to be without consideration and without any legal necessity and Smt. Kishan Dei was said to have had no right to transfer the property. The plaintiffs had also alleged thatSmt. Kishan Dei had remarried, but this contention was repelled by both the courts ...
Parasram Ji Vs. Imtiaz
Court: Allahabad
Decided on: Mar-14-1961
Reported in: AIR1962All22
ORDERW. Broome, J.1. This criminal revision application, which has been filed by the Secretary of the Gohatya Nirodh Samiti of Muzaffarnagar against the acquittal in appeal of certain persons who had been convicted by a first class Magistrate of that district for an offence under Section 8 of the U. P. Prevention of Cow Slaughter Act, raises an interesting point regarding the distinction between attempt to commit an offence and mere preparation for an offence. 2. The prosecution case was that at about 6 p.m. on 29-1-1959 Head Constable Deep Chand of Police Station Titavi, being informed that some persons had collected a number of cows in a piece of waste land in the vicinity of the police station with the object of slaughtering them, proceeded to the spot along with a number of witnesses; and when he arrived there he found a cow lying on the ground tied up with rope, being held down by Sharif and Khairati accused, while Imtiaz accused stood by with a knife in his hand. Three other pers...
Ayub Syed Hasan Vs. State of U.P.
Court: Allahabad
Decided on: Mar-14-1961
Reported in: AIR1962All132
Broome, J. 1. Ayub the appellant in this case, has beenconvicted by the Sessions Judge of Allahabadfor an offence under Section 466/471 I. P. C. andhas been sentenced to four year's R. I.2. The prosecution allegations are thatwhen he was standing trial in Sessions TrialNo. 35 of 1955 in the court of the Second Temporary Sessions Judge of Allahabad for offencesunder Sections 147 and 307 and 325/149 I. P. C., hefabricated false alibi evidence in the shape ofdocuments purporting to be certified copies obtained from the Copying Department of the KanpurCollectorate to show that on 27-10-1954 he hadappeared as a witness in a case described as Statev. Faqirey under Section 9 of the Opium Act (P. S. Collectorganj) in the court of Sri ChhatrapalSingh, Deputy Collector. The learned SecondTemporary Sessions Judge held that documentsExhts. A to E filed by Ayub as accused in supportof his plea of alibi were forged and accordinglyconvicted him in Sessions Trial No. 35 of 1955.After the decision of t...
Krishna Deva Bhargava and ors. Vs. Official Liquidator U.P. Oil Indust ...
Court: Allahabad
Decided on: Mar-13-1961
Reported in: AIR1962All101; [1962]32CompCas925(All)
Beg, J.1. This is an appeal arising out of an application given by the Official Liquidator of the U.P. Oil Industries Limited hereinafter called 'the Company' The company went into liquidation, and was ordered to be wound up on the 11th of May, 1956. An investigation into the assets and liabilities of the Company by the Liquidator revealed that it had three series of debentures. The first series of debentures were allotted on the 8th of April, 1947, for a total sum of Rs. 1,50,000/-. A debenture Trust Deed in respect of this series was executed and registered with the Registrar Joint Stock Companies, Lucknow, and also in the office of the Sub-Registrar, Lucknow under the Indian Registration Act. The second series of debentures were issued on the 23rd of June, 1950, for a sum of Rs. 1,00,000/-. For this series also a debenture Trust Deed was executed, and it was registered with the Registrar, Joint Stock Companies, Lucknow, as well as in the office of the Sub-Registrar, Lucknow under th...
E. Hill and Company (Private), Ltd. Vs. Its Employees
Court: Allahabad
Decided on: Mar-13-1961
Reported in: (1961)IILLJ187All
B. Dayal, J.1. This is an appeal arising out of a writ petition filed by E. Hill and Company (Private), Ltd., against seven of its employees whom the company dismissed on account of indiscipline, etc. This gave rise to an industrial dispute and originally the Government referred the matter under the Uttar Pradesh Industrial Disputes Act to the Regional Conciliation Officer but that reference Was withdrawn on 28 October 1957 and a fresh reference was made on 10 December 1957. This fresh reference was actually made by the Deputy Labour Commissioner Purporting to exercise powers delegated to him by the State Government under Section 11A of the Uttar Pradesh Industrial Disputes Act. The present petition was filed by the employees of E. Hill and Company challenging that reference and praying that a writ of mandamus be issued to the Deputy Labour Commissioner (Industrial Relations), Kanpur, commanding him to withdraw, cancel or recall his order dated 10 December 1957, that the labour court b...
Lakshmi Ratan Cotton Mills Co. Ltd. Vs. Misra (O.N.) and ors.
Court: Allahabad
Decided on: Mar-13-1961
Reported in: (1962)ILLJ308All
Dhavan, J.1. This is a petition by the Lakshmi Ratan Cotton Mills Co. Ltd. Kanpur, challenging the legality of an order made by the Labour Commissioner of Uttar Pradesh referring a dispute between the petitioner company and its workmen to the labour court for decision. The facts as alleged in the petitioner's affidavit are these: The company carries on the business of manufacturing and selling cotton textiles. Respondent 4, Ram Pal Singh, an employee of the company was dismissed. This action led to a dispute which was referred to the regional conciliation officer, Kanpur, on an application by the Suti Mill Mazdur Sabha, Kanpur, but that officer was not able to effect any conciliation and there was no settlement of the dispute. On 15 January 1958, the Labour Commissioner referred the dispute to the labour court, Kanpur, in these terms:Whether the employers have wrongfully and/or unjustifiably terminated the services of their workman named Ram Pal Singh, son of Har Deo Singh, D.F. tenter...
Rao Thakur Narayan Singh Vs. Commissioner of Incometax, Delhi.
Court: Allahabad
Decided on: Mar-09-1961
Reported in: [1962]44ITR178(All)
BHARGAVA J. - The question referred by the Income-tax Appellate Tribunal for our opinion is :'Whether on the facts and in the circumstances of this case the provisions of section 34(1)(a) were applicable in respect of the assessment year 1942-43 on January 19, 1950, when the notice under that provision was issued for the purpose of assessing the escaped interest income ?'The statement of the case which is accompanied by copies of certain orders including the appellate order out of which this question arose shows that, for the assessment year 1942-43, the original assessment on the basis of the return submitted under section 22 of the Income-tax Act was made on March 25, 1944. Later the Income-tax Officer on April 5, 1945, issued a notice under section 34 of the Income-tax Act and called upon the assessee to file a fresh return. It was said that he had failed to disclose full and complete particulars of his interest income and his forest income in the return filed in the regular assessm...
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