Allahabad Court August 1961 Judgments
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Abid HusaIn Khan Vs. Bashir Mohammad and ors.
Court: Allahabad
Decided on: Aug-31-1961
Reported in: AIR1962All312
V. Bhargava, J. 1. This is a second appeal arising out of proceedings for execution of a decree. The decree in question was passed in a suit which was instituted in the year 1935, and was actually passed on 17th February, 1936. There was an appeal against the decree which Was decided on 17th November, 1941, confirming the decree. These were preliminary decrees. On 1st September, 1945, a direction was made for preparation of a final decree and the final decree was actually prepared and signed on 15th September, 1945. Thereafter the judgment debtor-appellant applied on the 18th of December, 1945, for amendment of the decree on the ground that the decree had not been framed in accordance with the judgment. On the 8th of April, 1946, this application for amendment was partly allowed.The Court held that, in framing the decree, there had been one of the errors pointed out in the application and to that extent the Court directed the amendment of the decree. Another alleged error pointed out i...
Ram Kishan Sunder Lal and anr. Vs. the State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Aug-31-1961
Reported in: [1962]13STC923(All)
Brijlal Gupta, J.1. This is a writ petition under Article 226 of the Constitution.2. The main point raised in this petition is a challenge to the validity of the U. P. Sales Tax (Validation) Act (XV of 1958) which validated the notification ST 905/X dated 31st March, 1956, issued under the authority of Section 3-A of the U. P. Sales Tax Act, by reason of which the petitioner was assessed to sales tax by the order impugned in this writ petition. The validity of the Act has been put beyond doubt by the decision of the Supreme Court in J.K. Jute Mills Co. Ltd. v. State of U. P. and Anr. [1961] 12 S.T.C. 429. In view of this decision the learned counsel is not in a position to press the main point.3. A subsidiary point taken by him is that as mentioned in grounds Nos. (vii), (xi) and (xii) of the grounds of the petition. This point has been urged by him somewhat as follows :-By reason of Sub-section (3) of Section 14 of the Indian Coinage Act, 1906, as amended by the Indian Coinage (Amendm...
Ganga Singh Vs. State
Court: Allahabad
Decided on: Aug-30-1961
Reported in: AIR1962All150
ORDERW. Broome, J. 1. Ganga Singh, the applicant in this criminal revision, has been convicted by the Fourth Assistant Sessions Judge of Agra for an offence under Section 218 I. P. C. and has been sentenced to three years' R. I, His conviction and sentence were confirmed in appeal by the Sessions Judge of Agra. 2. The prosecution allegations were that the accused-applicant, while working as Secretary of the Gaon Sabha of Semra, made a false entry in the birth and death register of the Gram Sabha in question in respect of the death of one 'Lekhraj Singh. According to the prosecution Lekraj Singh actually died on 8-1-1957, but the accused Ganga Singh made a false entry in the register, purporting to have been made on 30-10-1956, showing the date of Lekhraj Singh's death as 30-9-1956. Litigation was going on at the time between Lekhraj Singh and Deshraj Singh over the partition of certain agricultural plots. The suit was decreed in favour of Lekhraj Singh on 3-1-1957, five days before he ...
Kedar Nath and ors. Vs. Chandra Kiran and ors.
Court: Allahabad
Decided on: Aug-30-1961
Reported in: AIR1962All263
ORDERN.U. Beg, J.1. This is an application under Order 23 Rule 1, Sub-rule (1), C. P. C. given by the plaintiffs appellants in Second Appeal No. 1757 of 1959 for permission to withdraw the suit filed by them against the defendants-respondents. It is argued on behalf of the applicants that they have an absolute right to withdraw the suit at any stage they likeunder Order 23, Rule 1, Sub-rule (1) C. P. C. On the other hand on behalf of the opposite parties it is argued that the plaintiffs have no such right at any rate, at this stage. The lower court has given a finding of fact in favour of the defendants-respondents after an elaborate discussion of the evidence produced in the case. This finding is final and binding in second appeal. By allowing permission to withdraw the suit the Court will be depriving the defendants of the benefit of the finding of the lower court in their favour. The case has crossed the stage of suit and is now at the stage of second appeal. The defendants-responde...
Sant Ram and ors. Vs. Labh Singh and anr.
Court: Allahabad
Decided on: Aug-28-1961
Reported in: AIR1962All199
Srivastava, J.1. These are two second appeals arising out of two pre-emption cases. It will be convenient to deal with them together because they involve a common, question of law.2. S.A. No. 620 of 1957 is a defendants' appeal. Srimati Kesri Begum, the second respondent in that appeal owned two houses in the town of Milak in the district of Rampur. By a sale-deed dated 4th of December, 1953, she sold the two houses to the appellant. The respondent no. 1 Sri Labh Singh owned a house adjacent to the houses sold. He sought to pre-empt the sale on. the ground that there was a custom of pre-emption prevalent in the town of Milak in accordance with which he, being a Shafi-e-jar was entitled to have the two houses in preference to the appellants. He, therefore, claimed the two houses in enforcement of his right of pre-emption. The suit was contested on various grounds. The existence of the custom of pre-emption relied upon was denied. The performance of the necessary Talabs was disputed and ...
Babu Ram Sharma and anr. Vs. State
Court: Allahabad
Decided on: Aug-28-1961
Reported in: 1962CriLJ629
ORDERW. Broome, J.1. Babu Ram and Sukhdeo Prasad, the applicants in this criminal revision; were convicted by a first class Magistrate of Bareilly for an offence under Sec 5 of the Essential Services Maintenance Ordinance 1960 and were sentenced to nine months' R.I. and a fine of Rs. 500/- each. In appeal the Second Additional Sessions Judge of Bareilly maintained the conviction but reduced the sentence to three month's R.I. and a fine of Rs. 100/- each.2. The prosecution allegations are as follows : By a notification published in the Gazette Extraordinary of July 8, 1960, the Central Government, acting under the powers conferred by Section 3 of the Essential Services Maintenance Ordinance 1960, prohibited strikes in various essential services, including 'any railway service', and as a result, any person who instigated or incited others to take part in this kind of strike became liable to punishment under Section 5 of the Ordinance.On 14.7.1960 the accused-applicants, who were employed...
Mrs. V.G. Peterson Vs. O.V. Forbes
Court: Allahabad
Decided on: Aug-28-1961
Reported in: 1962CriLJ118
B.N. Nigam, J.1. Mrs. v. G. Peterson has filed the present petition which has been referred to a Bench by a learned Single Judge by order dated 22nd of May 1961 on the ground that the original con. tempt proceedings were being heard by a Bench.The facts of this case 'have been, in the main, given in judgment of my learned brother and I will mention only a few more facts given in the petition,. It appears that the petitioner's mother had executed, a will on 23rd of January, 1938 devising all lire property to her three children including the present petitioner and Mr. O. V. Forbes. On 30th November 1939 a probate was granted in respect of this will and in proceedings connected with that probate, the applicant Mrs. V. G. Peterson filed an application on 6-5-1943 alleging that Mr. O. V. Forbes, now dead, had committed slander against the Court. Thereupon a notice was issued to Mr. Forbes. He failed to appear and the Court then by order dated 23rd September. 1943 took action to compel the a...
The Chief Inspector of Stamps Vs. Uggar Sen and ors.
Court: Allahabad
Decided on: Aug-26-1961
Reported in: AIR1965All298
ORDERD.S. Mathur, J. 1. This is a revision under Section 6-B of the Court-fees Act by me Chief Inspector of Stamps, U. P., against the order of the Additional District Judge of Saharanpur, holding that the Court-fee payable on E. E. Act Appeal No. 3 of 1958 (Ugger Sen v. Inamul Haq and others), was under Schedule II, Article 11 of the Court-fees Act and the Court-fee paid was sufficient. 2. The material facts of the case are that the judgment-debtors, ex-zamindars applied under Section 4 of the U. P. Zamindars' Debt Reduction Act, 1952 (to be referred hereinafter as the Debt Reduction Act) (U. P. Act No. XV of 1953) for the reduction of the amount of decree which the Special Judge II Grade had passed in favour of Ugger Sen. The Special Judge reduced the amount, but before he could transmit Information to the Collector under Section 19-A of the U. P. Encumbered Estates Act, 1934 (to be referred hereinafter as the E. E. Act), Ugger Sen challenged the order by way of appeal, but the appea...
Ram Charan Agarwala and ors. Vs. Shridhar Misra and ors.
Court: Allahabad
Decided on: Aug-24-1961
Reported in: AIR1962All610
Jagdish Sahai, J. 1. These four connected appeals are directed against the decree passed by our brother Oak in exercise of the original civil jurisdiction of this Court in three consolidated suits. The three suits relate to the Hindi Sahitya Sammelan which is a body registered under the Societies Registration Act (No. XXI of 1860) and is hereinafter referred to as the Sammelan. It was constituted several decades ago for the purpose of promoting Hindi language and to develop Hindi literature. In the year 1946 certain rules were framed for the management of the affairs of the Sammelan. With the prospects of Hindi being recognised as the national language of India in the Constitution it was felt by a large section of the Sammelan that it had become necessary to introduce fundamental changes In the objects, programme and the constitution of the Sammelan. The annual session of the Sammelan for the year 1949 was held in December of that year at Hyderabad and there a resolution was passed app...
Tara Chand Kalloo Ram Vs. Sales Tax Officer
Court: Allahabad
Decided on: Aug-24-1961
Reported in: [1962]13STC957(All)
Brijlal Gupta, J.1. These writ petitions under Article 226 of the Constitution of India are all directed against orders of provisional assessment to sales tax under Rule 41(3) of the U. P. Sales Tax Act. A variety of objections have been raised by the petitioners in the various petitions. In the view which I take and particularly in view of the statement of the learned Advocate-General who appeared for the respondents in the writ petitions it is not necessary for me to deal with these objections. 2. Sub-rule (5) of Rule 41 provides as follows:41. (5) Upon the expiry of the assessment year the Sales Tax Officer shall, after such enquiry as he may deem necessary, determine the turnover of the assessment year and shall assess tax thereon.3. Sub-rule (6) of the said rule provides as follows :41. (6) If the tax assessed differs from the total amount deposited or paid by cheque, the difference shall be realised or refunded by the Sales Tax Officer, as the case may be.4. Thus it is clear that...
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