Allahabad Court May 1961 Judgments
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Jagdambika Pratap NaraIn Singh Vs. Commissioner of Income-tax, U.P., L ...
Court: Allahabad
Decided on: May-18-1961
Reported in: AIR1961All574
Jagdish Sahai, J.1. The petitioner Raja Jagadambika Pratap Narain Singh was the proprietor of what was known as the Ayodhya Raj before the abolition of Zamindari in this State. He held large properties in the districts of Faizabad, Gonda, Sultanpur and Barabanki. As a consequence of the abolition of zamindari in this State his properties vested in the State of U. P., and the petitioner received by way of compensation for the acquisition of his rights in those properties compensation bonds during the period 1954 to 1958.The bonds are of a self-liquidating nature and the payment under them is spread over a period of forty years. They carry interest at 2 1/2 Per cent per annum on the principal amount, and are Payable in forty equal instalments. The scheme of payment is that the interest for the whole year plus a part of the principal is paid every year. As the interest goes on decreasing due to the part payment of the principal every year, the amount of principal included in the instalmen...
Jagdambika Pratap NaraIn Singh Vs. Commissioner of Income-tax, U.P., a ...
Court: Allahabad
Decided on: May-18-1961
Reported in: [1963]50ITR678(All)
JAGDISH SAHAI J. (V. Bhargava and B. Upadhya JJ. concurring).The petitioner, Raja Jagdambika Pratap Narain Singh, was the proprietor of what was known as the Ayodhya Raj before the abolition of zamindari in this State. He held large properties in the districts of Faizabad, Gonda, Sultanpur and Barabanki. As a consequence of the abolition of zamindari in this State his properties vested in the State of U.P. and the petitioner received by way of compensation for the acquisition of his rights in those properties compensation bonds during the period 1954 to 1958.The bonds are of a self-liquidating nature and the payment under them is spread over a period of forty years. They carry interest at 2 1/2 per cent. per annum on the principal amount, and are payable in forty equal instalments. The scheme of payment is that the interest for the whole year plus a part of the principal is paid every year. As the interest goes on decreasing due to the part payment of the principal every year, the amou...
NaraIn Das Vs. State
Court: Allahabad
Decided on: May-17-1961
Reported in: AIR1962All82
Kailash Prasad, J. 1. One Narain Das was found in possession of some tins of adulterated Ghee. He was prosecuted under Section 16(1)(a) of the Prevention of Food Adulteration Act. He pleaded in defence that the Ghee was not kept for sale by him, but was with him only as security for the money which he had advanced to a Hathras firm styled Basant Lal Hukam Chand. The learned Magistrate, who tried the case did not accept the defence and convicted Narain Das under Section 16(1)(a) of the Act and sentenced him to six months' simple imprisonment and a fine of Rs. 500/-. His conviction and sentence were confirmed in appeal by the Temporary Sessions Judge of Mathura. Narain Das came in revision to this Court. The revision was heard by a learned Single Judge. He accepted the plea of the accused that the Ghee which was stored by him was not for sale but was kept with him as security for money which he had advanced.2. The question, therefore, arose whether Narain Das can be held guilty of an off...
Smt. Mango Vs. Prem Chand
Court: Allahabad
Decided on: May-17-1961
Reported in: AIR1962All447
Mithan Lal, J.1. This first appeal filed by Smt. Mango defendant arises out of the judgment and decree passed by the Civil Judge, Moradabad, in the suit of the husband-respondent filed under Section 9 of the Hindu Marriage Act, 1955.2. The admitted facts of the case are that the appellant was married to the respondent in Asarh, 1955, and a few months after, the Gauna ceremony took place in Phagun. The parties lived as husband and wife, at the husband's residence in Amroha for a few days. Sometime in the month of Bhadon, 1956, the uncle of the appellant, Chuttan Singh came to the respondent's house and fetched the appellant away. In spite of several attempts made on behalf of the respondent the parents of the appellant did not permit her to go to her husband's house, and it was stated that the wife was keeping away from the husband without any reasonable excuse and the plaintiff had a right to obtain a decree for restitution of conjugal rights.3. The appellant contested the suit, inter ...
Ram Gati Chaube Vs. Ran Adhar Chaube
Court: Allahabad
Decided on: May-17-1961
Reported in: AIR1961All537
Dwivedi, J. 1. Gurtu, J. has referred to us the entire appeal with the following question for specific opinion : 'Whether the order of the mutation court embodying a petition of compromise affecting immovable property worth more than Rs. 100/- which purports to regulate the future rights of the parties in that property is conclusive and binding upon them in respect of the property, even though it is not registered?'2. It seems to me that the question assumes three things firstly, that in the instant case the order of the mutation court embodies the petition of compromise affecting immovable property worth more than Rs. 100 which purports to regulate the future rights of the parties in that property; secondly, that the petition of compromise, having been embodied in the order, becomes admissible; and, thirdly, the compromise evidenced by the order is conclusive and binding upon the parties. I have, therefore thought it proper to split up and reformulate the question in my own language i...
Kalyan Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-17-1961
Reported in: AIR1961All619
M.C. Desai, C.J. 1. I had the advantage of reading the judgment of ray brother Jagdish Sahai and I agree with him that the question should be answered in the negative and that the petitioner should pay costs of the respondents. Order 45, Rule 13 (2) (d) does not apply; I have given my reasons for this view in State of Uttar Pradcsh v. Mukhtar Singh : AIR1957All505 and have very little to add. The words 'give such other direction' must be interpreted as analogous to placing any party seeking the assistance of the Court under conditions and Clause (d) comes into operation when a party seeks the assistance of the court and then either conditions may be imposed upon him or such other direction as appointment of a receiver may be given.The words 'party seeking the assistance of the court' do not refer to the party to whom a certificate has been granted; granting the certificate is not granting him the assistance of the court. The clause comes into operation after a certificate has been gran...
Prem Das Vs. State
Court: Allahabad
Decided on: May-15-1961
Reported in: AIR1961All590; 1961CriLJ737
Desai, C.J.1. The applicant challenges his conviction under Section 16 of the Prevention of Food Adulteration Act and the sentence imposed thereunder. In the connected revisions the applicants challenge their convictions under the same provision and the sentences imposed thereunder. It has been found as a matter of faet that' the applicant sold a mixture of buffalo milk and cow milk, a sample of which was taken by an Inspector and sent for chemical analysis. The public analyst reported that the sample contained 5,9 per cent milk fats and 7.0 per cent non-fatty solid and that it contained 7.20 per cent added water. He treated the sample as if the two kinds of milk were mixed in equal proportions.It is on the basis of this report of the public analyst that the sample has been found by the court below to be adulterated and the applicant has been convicted under Section 16 of the Act for infringement of provisions of Section 7, which prohibits sale of adulterated food. The case against the...
Raza Buland Sugar Co. Ltd. Vs. Municipal Board
Court: Allahabad
Decided on: May-12-1961
Reported in: AIR1962All83
Kailash Pkasad, J. 1. The Municipal Board of Rampur decided to impose water tax on the annual value of lands and buildings within the limit of the municipality as provided in Section 128 (1) (x) of the U. P. Municipalities Act (hereinafter referred to as the Act). After framing necessary proposals and rules, anotification dated 23rd March, 1957 was issued imposing water tax from 1st April, 1957. Tile tax was fixed at the rate of 10 per cent of the annual value of the lands and buildings. The petitioner, Raza Buland Sugar Company limited, received notices from the Municipal Board (hereinafter referred to as the Board) for payment of Rs. 37,789-92 up as water tax assessed in respect of lands and buildings of the petitioner for the years 1957-58 and 1958-59.2. The petitioner has come to this Court under Article 226 of the Constitution Paying for the issue or a writ or order in, thg nature of certiorari quashing the notices of demand and a writ in the nature of mandamus directing the Board...
Khalil Ahmad Vs. State of U.P.
Court: Allahabad
Decided on: May-12-1961
Reported in: AIR1962All383
D.P. Uniyal, J.1. The following questions have been referred to us for decision :(1) Whether the question of citizenship can be decided by the Central Government or by the law Courts ? (2) What is the effect of clause (iii) of Schedule III of the Citizenship Rules of 1956? (3) Does a person contravene Section 14 of the Foreigners Act if he does not obtain a permit and stays in India beyond the date mentioned in the visa? 2. The above reference; has arisen out of a revision petition filed by Khalil Ahmad against his conviction and sentence under Section 14 of the Foreigners Act, 1946. The applicant was born in India of Indian parents who were domiciled in the country. He left India for Pakistan in March, 1950 after the Constitution had come into force. Thereafter he arrived in India under a Pakistani Passport No. 09531 dated 9-1-1953 bearing Indian, visa No. 546 of Category 'C' dated 3-1-1957 issued by the Indian High Commissioner in Pakistan at Karachi. The visa was valid up till the 2...
Maheshwari Khetan Sugar Mills, Private Ltd. Vs. Narendra Jit Singh and ...
Court: Allahabad
Decided on: May-09-1961
Reported in: AIR1962All97
ORDERS.S. Dhavan, J. 1. This is an application under Section 115, C. P. C. against an order of the first Civil Judge Kanpur passed under Section 28 of the Arbitration Act and extending the time for the submission of the award by the Umpire. The applicant M/s. Maheshwari Khetan Sugar Mills Private Ltd. had a dispute with the second respondent M/s. Bharat Bandhu and the matter was referred to arbitration under an agreement providing for such an arbitration. The parties appointed an arbitrator each who selected an umpire. The latter however was not able to submit his award within a period of one month prescribed by the agreement and applied to the Court under Section 28 for extension of time. The applicant opposed the prayer and submitted that the agreement itself contained a specific procedure providing for arbitration by the Upper India Chamber of Commerce in the event of the Umpire failing to submit his award within time. The Court, however, over-ruled this objection and held that the ...
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