Allahabad Court April 1961 Judgments
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Commissioner of Income-tax, U.P. Vs. Messrs. Munna Lal Gupta, Kanpur.
Court: Allahabad
Decided on: Apr-21-1961
Reported in: [1962]46ITR362(All)
The question referred for our opinion by the Income-tax Appellate Tribunal is :'Whether on the facts of the case, the firm was entitled to registration under section 26A of the Income-tax Act for the assessment year 1956-57 ?'The statement of the case submitted by the Tribunal shows that in the partnership which was constituted by an instrument of partnership three persons purported to enter into a partnership. These three were Ganga Narain and his two brothers, Rajendra Prasad and Shesh Narain. In addition, certain minors were admitted to the benefits of the partnership. It, however, appears that even out of the three person who constituted the partnership two, Rajendra Prasad and Shesh Narain, were minors. At the time when this deed of partnership was executed, therefore, only one out of the three executants of the deed of partnership was a major. Such a partnership was clearly void under section 30 of the Indian partnership Act and consequently it could not be registered under secti...
Eveready Flashlight Co. Vs. Labour Court and ors.
Court: Allahabad
Decided on: Apr-20-1961
Reported in: AIR1962All497; [1961(2)FLR598]; (1961)IILLJ204All
ORDERS.S. Dhavan, J. 1. This is a petition under Article 226 of the Constitution by Eveready Flash Light Company Limited Lucknow against an award of the Labour Court, Bareilly holding that the Company wrongfully and unjustifiably terminated, the service of Ram Bharose Sharma, one of their employees. The facts as alleged in the petitioner's affidavit or recorded in the award are these.2. The respondent, Ram Bharose Sharma, was an employee of the petitioner-company on the date--21st November, 1958--when his services were terminated allegedly on the ground that he had failed to show any improvement in his work. The workmen through their Trade Union raised a dispute over his removal from service and the matter was referred by the Government for adjudication by the Labour Court, Bareilly. The parties filed their respective statements before that Court and led evidence. The employer alleged that Ram Bharose Sharma was employed by a letter of appointment dated 12th April, 1958, on the express...
Srivastava (J.S.) Vs. Divisional Commercial Superintendent, Northern R ...
Court: Allahabad
Decided on: Apr-20-1961
Reported in: (1962)IILLJ332All
S.N. Dwivedi, J.1. In 1955 the petitioner held the post of a trvelling ticket examiner in the Northern Railway. He was removed from service by an order of the Divisional Commercial Superintendent dated 25 August 1959. His appeal against that order was dismissed by the Divisional Superintendent by his order dated 28 December 1959. He has moved this writ petition against the said two orders and prays that they be quashed.2. The main argument is that the order removing him from service was passed in contravention of the provisions of Clause (2) of Article 311 of the Constitution, inasmuch as he was removed without having been afforded a reasonable opportunity of showing cause against the order of removal. In order to appreciate the argument it will be necessary to state briefly the material foots of the case.3. The Divisional Commercial Superintendent delivered to him a chargesheet on 30 March 1956 and asked him to explain the charge contained therein. The charge was that while working as...
Hailey Glass Works and ors. Vs. Deputy Labour Commissioner (industrial ...
Court: Allahabad
Decided on: Apr-17-1961
Reported in: (1962)IILLJ698All
S.S. Dhavan, J.1. This is a petition under Article 226 of the Constitution filed by 29 firms which are carrying on the business of manufacture of glassware in Firozabad district, Agra. Their main business is to manufacture bangles made of glass. The petition is directed against the legality of an order of the Labour Commissioner of Uttar Pradesh dated 13 December 1957 referring a dispute between the firms and their workmen to the industrial tribunal, Allahabad, for adjudication. The order of reference runs thus:Whereas I am of opinion that an industrial dispute in respect of the matter hereinafter specified exists between the employers and the workmen of the concerns as mentioned in. the schedule;Now, therefore, in exercise of the powers conferred by Section 4K of the industrial Disputes Act, 1917 (Uttar Pradesh Act XXVIII of 1947), delegated to me under notification No. 2723 (ST)/XXXVI-A/50 (ST)/1957, dated 20 May 1957, I hereby rarer the said dispute to the industrial tribunal (gener...
Dominion of India Vs. Kaniz Fatma and anr.
Court: Allahabad
Decided on: Apr-17-1961
Reported in: (1961)IILLJ197All
M. Lal, J.1. This first appeal filed by the defendant-Union of India representing the Indian Railways arises out of a suit for recovery of Rs. 10,000 as damages by respondent 1.2. The action was brought in forma pauperis on the ground that the plaintiff's son Azmatullah Khan employed as a fireman in O.T. Railway died as a result of an accident by the collision of two trains Nos. 377 U.P. and 374 D.N. between Haldwani and Kiohba railway stations on 8 March 1947. The deceased was a fireman on one of the engines which were involved in this accident. He received fatal injuries and was taken to Izatnagar railway hospital where he died on the night between 11 and 12 March 1947. At the time of his death he was of 21 years of age and was drawing monthly emoluments of Rs. 34-7-0 including dearness allowance. The expectation of life was said to be sixty years and the plaintiff, being deprived of the benefits of her son, brought this suit. The father of the deceased was impleaded as a defendant. ...
Mangoo Lal Vs. Maharaj Singh and ors.
Court: Allahabad
Decided on: Apr-13-1961
Reported in: AIR1962All24
M. Lal, J.1. All the six appeals have been filed by Mangoo Lal defendant-appellant against an order or a preliminary decree ordering the separation of the plaintiffs' one-fourth share in the six lots of property given in the plaint of each suit. All the suits involved a common question of fact and law and were disposed of by a common judgment and so was the first appeal. The present appeals are also the outcome of the same judgment given by the learned Civil Judge, Bijnor.2. In each of the six suits the plaintiffs claimed one-fourth share in the Bhumidari plots detailed in each of them stating that the property was a joint family property and they had one-fourth share.3. Three of the defendants in each suit filed written statements. They admitted that the property was joint family property. They also admitted that the plaintiffs had one-fourth share, but the only contest was that the debts had been incurred for the purposes of the family during the time the plaintiff's father was manag...
Rakeshwar Dayal Vs. Labour Court and ors.
Court: Allahabad
Decided on: Apr-11-1961
Reported in: (1962)ILLJ5All
S.S. Dhavan, J.1. This is Rakeshwar Dayal's petition under Article 226 of the Constitution directed against an award of the labour court, Kanpur. The respondents are Begg Sutherland and Company, Ltd., Kanpur, a subsidiary of the British India Corporation, Ltd., Kanpur. The facts as alleged in the petitioner's affidavit are these: The petitioner was the employee of Begg Sutherland and Company, Ltd. Kanpur. There was some question o retrenchment and after some negotiation, the petitioner and six others agreed to resign voluntarily on certain terms and conditions. Subsequently, there was a dispute over those terms and the petitioner withdrew his offer to resign. Thereupon he was retrenched. The other six workmen submitted to the decision but the petitioner did not. The workmen raised a dispute and the matter was referred by the Government to the labour court, Kanpur. It gave an award holding that the petitioner's retrenchment was unjustified and directed his reinstatement. However, it als...
B.C. Das Vs. R.C. and E.O. and ors.
Court: Allahabad
Decided on: Apr-10-1961
Reported in: AIR1962All8
ORDERS.S. Dhawan, J.1. This is a petition under Article 220 of the constitution filed by Sri Bijoy Chandra Das directed against a letter written to him by the Rent Control and Eviction Officer on behalf of the District Magistrate, Allahabad suggesting that he should make his bungalow in Tagore Town available for an Hon'ble Judge of this Court within a week of the receipt of this letter. In his affidavit the petitioner says that he is a retired professor of the Allahabad University aged about 62 years and the owner-Occupier of a house No. 41 Tagore Town, which was constructed by him in 1940. He built this house so that he and his wife in their old age could live in their own house. He alleges that he is a patient of heart trouble and his wife is suffering from a nervous breakdown and other ailments. He also says that he and his wife have been living in this house as soon as it was constructed and it has not remained unoccupied for a single day; he has never let out the house in past nor...
The Chief Conservator of Forests, U.P., Nainital and ors. Vs. D.A. Lya ...
Court: Allahabad
Decided on: Apr-10-1961
Reported in: AIR1961All450; (1961)IILLJ251All
Misra, J. 1. The question referred to the Full Bench for answer is,'Whether a Government servant on probation is to he deemed to be confirmed on the expiry of the period of his probation if no orders confirming him in his substantive post or extending Ms period of probation arc passed by the competent authority?'2. It has arisen in a special appeal which has been preferred against a judgment of a learned single Judge of this Court, allowing the writ petition filed by the respondent Shri D.A. Lyall under Article 226 of the Constitution. The special appeal was heard by a Bench, of which two of us were members, and as it was felt that the question is of importance and had once been referred to a larger Bench but could not be decided because of some reasons, which it is not necessary to state here, the matter has come up before the Full Bench.3. The facts of the case in which thi1 question has been raised have been fully set out in the judgment of the learned single Judge, They may only be...
Shridhar Udai Narayan Vs. Commissioner of Income-tax, U. P. and V. P.
Court: Allahabad
Decided on: Apr-10-1961
Reported in: [1962]45ITR577(All)
BHARGAVA J. - These two connected references arise out of one and the same proceeding taken under section 34 of the Income-tax Act. The assessee is a Hindu undivided family going by the name of Messrs. Shridhar Udai Narayan and until the 22nd of January, 1947, when Shridhar was the karta of the assessee family. For the year 1946-47 the karta Shridhar filed a return on December 18, 1946, showing a total income of Rs. 5,713 and on the basis of that return the tax was assessed by an order dated 13th May, 1947. This order was thus passed on the basis of the return filed by Shridhar but after he had died. Later on, proceedings for the assessment year 1947-48 came up before the Income-tax Officer and while dealing with those proceedings, he got definite information that income for the year 1946-47 had escaped assessment when the original assessment was made. He, therefore, issued a notice under section 34 of the Income-tax Act which was addressed to the Hindu undivided family Shridhar Udai N...
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