Allahabad Court August 1961 Judgments
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Kripa Nath and anr. Vs. Ganga Prasad and ors.
Court: Allahabad
Decided on: Aug-23-1961
Reported in: AIR1962All256
Srivastava, J.1. This is a plaintiffs' appeal that arises out of a suit to recover Rs. 17,800/- by the enforcement of a sample mortgage bond executed en the 1st February 1933 by Ganga Prasad defendant No. 1 in favour of firm Kirpa Nath Sri Nath, which belonged to the plaintiffs Kirpa Nath and Sri Nath. The consideration of the mortgage was Rs. 10,000/- and the property mortgaged was a house situated in Mohalla Naughara in the city of Kanpur. The suit was filed on the 3lst January 1946 and besides Ganga Prasad the mortgagor, the other persons impleaded in the suit were Mst. Mahmooda Khatoon, Badri Das, Noor Elahi and Mohammad Rafiq who were alleged to be subsequent transferees of the property.It appears that Ganga Prasad was a partner of a firm Harduti Rai Bilas Rai. His father and brothers were also partners of that firm. The creditors of that firm made an application to the Insolvency Court praying that the firm as well as its partners by adjudged insolvents. The application was allow...
Messrs. Sohan Pathak and Sons Vs. Commissioner or Income-tax, Lucknow, ...
Court: Allahabad
Decided on: Aug-22-1961
Reported in: [1962]46ITR523(All)
This is a writ petition under article 226 of the Constitution of India.The relief sought by this writ petition is for the refund of a sum of Rs. 11,175-9-0 paid by the petitioner on September 1, 1946, as excess profits tax for the chargeable accounting period, October 19, 1942, to July 10, 1943. The relevant facts for the decision of the point involved in the case are as follows.The petitioner is a Hindu undivided family and it sued to carry on two businesses, namely, money-lending business and Banaras brocade business. On July 16, 1943, a partial partition took place in the family so far as the brocade business was concerned. The brocade business of the Hindu undivided family was wound up. Its assets and liabilities were distributed amongst the coparceners and the business was no longer carried on by the family as such. Subsequent to the winding up and the distribution of the assets and liabilities between the coparceners, two partnerships were started and carried on brocade business ...
Messrs. Ramgopal Ram Prasad Vs. Income-tax Officer, Kanpur, and Anothe ...
Court: Allahabad
Decided on: Aug-22-1961
Reported in: [1962]46ITR529(All)
This is a writ petition under article 226 of the Constitution of India. The short point raised in the petition is that the Commissioner of Income-tax was not right in holding that the petitioners revisions were barred by limitation and in refusing to consider them on the merits.The facts giving rise to this petition are that the Appellate Assistant Commissioner passed orders on the petitioners appeals on January 21, 1949. The petitioner was not given notice of the date on which the judgment was to be pronounced with the result that the petitioner did not come to know of the orders of the Appellate Assistant Commissioner. The petitioner says that he did not became aware of the said orders before the 20th March, 1953. There is discrepancy about this date in the two memoranda of revisions (annexures 'B-1' and 'B-2'), in one of which the date given in March 20, 1953, and in the other, March 30, 1953. The petitioner did not file appeals before the Tribunal and no reason at all has been show...
Hanif and ors. Vs. the State
Court: Allahabad
Decided on: Aug-18-1961
Reported in: AIR1962All272
R.A. Misra, J.1. This appeal has been preferred by 12 persons, namely, Hanif, Salim, Suleman, Mohd. Ilyas, Ghulam Dastgir son of Nankau, Mohi-uddin, Sarfaraz, Ashiq Ali, Sadiq Ali, Ghulam Dastgir son of Mohd. Ismail, Qasim and Wali Mohammad against their conviction and sentence imposed upon them by the learned Sessions Judge, Bara-banki. All the appellants have been sentenced to imprisonment for life under Section 302 read with 149, I. P. C. In addition, Hanif has been sentenced to rigorous imprisonment for two years under Section 148, I. P. C., and the remaining appellants have been sentenced to one year's rigorous imprisonment each, under Section 147, I. P. C. The sentences in the case of each appellant have been made concurrent.2. The charge against the appellants was that on 17th April, 1960, at about 1.30 p.m. in village Shahabpur. district Barabanki, they formed an unlawful assembly armed with a bhala and lathis and in prosecution of the common object of the unlawful assembly the...
Lal Bhan Pratap NaraIn Bahadur Pal Vs. State of Uttar Pradesh and Anot ...
Court: Allahabad
Decided on: Aug-17-1961
Reported in: [1962]46ITR247(All)
This is a writ petition under article 226 of the Constitution of India challenging the recovery proceedings in respect of the assessment to agricultural income-tax for the Fasli year 1360 on the ground of the bar of limitation. The amount of tax and penalty sought to be recovered is Rs. 543-II-0. The assessment order was passed on January 31, 1954, but as the petitioner did not pay tax a penalty was imposed upon him presumably under the provisions of section 31 of the U.P. Agricultural Income-tax Act. According to the petitioner, the assessment order was made on January 31, 1954. Notice of demand in respect thereof was issued on March 18, 1954, and served on the petitioner on October 9, 1954. The petitioner says that having regard to the provisions of section 30 of the Agricultural Income-tax Act, the first installment of this tax demand became payable on November 9, 1954, and the second and final installment became payable on May 9, 1956. The petitioner says that recovery notice in re...
K.C. Sonrexa Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Aug-10-1961
Reported in: AIR1963All33; 1963CriLJ38
ORDERA.N. Mulla, J.1. This is an application under Section 561-A Criminal Procedure Code praying that the prosecution of the petitioner Sri K. C. Sonrexa under Section 500 Indian Penal Code be dropped and the proceeding be quashed under Section 561-A Criminal Procedure Code.2. The brief facts of the case are as follows : Sri K. C. Sonrexa who was an employee of the Uttar Pradesh State was found guilty of misconduct by a Tribunal specially appointed to en-quire into his case and on the findings of the Tribunal the Uttar Pradesh State terminated his services. Sri Sonrexa was aggrieved by this dismissal as according to him it was illegal and he sent a notice under Section 80 Civil Procedure Code through a counsel Sri H. C. Saksena. According to the prosecution the said notice contained highly defamatory aspersions against the members of the Tribunal and so the Public Prosecutor, Lucknow, filed a complaint under Section 500 Indian Penal Code read with Section 198-B Criminal Procedure Code ...
Sarju Prasad Sahu Vs. the State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Aug-10-1961
Reported in: AIR1962All221
Srivastava, J.1. This is a petition under Article 226 of the Constitution and has come to us as a result of a reference made by Mr. Justice Dwivedi.2. There are three plots of land bearing Nos. 1708, 1709 and 1710 situated in Mohalla Nal Bazar in the town of Basti within the limits of the Municipal Board of that town. According to the petitioner plot No. 1710 contains the 'Asthan' of Sri Karwa Baba and is on that account a place of pilgrimage.' There is a Shiv Asthan also on the plot adjacent to an old well. The petitioner is constructing a 'dharamshala' near the 'Asthan' for the convenience of the pilgrims visiting the place.On the 28th of June 1955 a notification under Section 4 of the Land Acquisition Act was issued for the acquisition of the land of these plots. The petitioner filed an objection under Section 5-A of the Land Acquisition Act (hereinafter referred to as the Act) against the proposal to acquire the land. The objection was enquired into by the Land Acquisition Officer ...
Ram Sewak Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-09-1961
Reported in: AIR1963All24
ORDERJagdish Sahai, J.1. These are three connected writ petitions and arise out of land acquisition proceedings going on in village Gohand, pargana Rath, in the district of Hamirpur. The substantial prayer of the petitioners is for the quashing of the U. P. Government notification No. A-1632/XIIA-663/60 dated March 17, 1960, and for a writ of mandamus commanding the respondents not to enforce the aforesaid notification. The said notification is under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act). It is not necessary at this stage to mention the allegations made in the petition, the affidavit filed in support of it, the counter affidavit and the rejoinder affidavit. I shall deal with the relevant allegations in these documents while considering the various submissions made by the learned counsel for the parties.2. Mr. Sapru has made the following submissions:(1) The notifications under Sections 4 and 6 of the Act issued in this case are invalid because the n...
Chadami Lal Vs. General Manager, Western Railway
Court: Allahabad
Decided on: Aug-09-1961
Reported in: AIR1962All159
Srivastava, J. 1. This is a defendant's appeal that arises out of a suit for an injunction and recovery ofdamages. The respondent viz. the Union of India was the plaintiff. aS owner of the erst-while East Indian Railway, it claimed to be theowner of the Harangau Railway Station with all the lands adjacent to it and bounded anddemarcated by the railway boundary posts and fencing. On the north of the railway land just adjacent to it there is a glass factory of the appellant known as the Jain Glass Works. The plaintiff took exception to the defendant's construction of a pucca drain for the discharge ofthe foul refuse water from his ractory on the railway land. In the sketch plan filed along with the plaint which was subsequently made apart of the decree of the trial court, the drain was shown by letters AB. The further grievanceof the plaintiff was that the foul refuse waterof the defendant's factory after coming out of the drain was being allowed to stagnate on the plaintiff's land and w...
Jwala Prasad Vs. Official Liquidator Jwala Bank Ltd.
Court: Allahabad
Decided on: Aug-08-1961
Reported in: AIR1962All486
Srivastava, J.1. These are three special appeals arising out of the same case and can, therefore, be conveniently disposed of together. They arise out of an application made by the Official Liquidator of the Jwala Bank Ltd., (in liquidation) under Section 235 of the Companies Act of 1913. The application was filed against seven persons, three of them being the present appellants. The seven persons were Sri Jwala Prasad, Sri G.G. Buty, Sri W. C. G. Dunne, Sri W. B. Dawson, Sri Rama Shanker, Father Francis Xavier and Messrs. S.N. Gupta and Co. Sri W. C. G. Dunne died during the pendency of the petition and the ease abated against him. Sri W.B. Dawson was not traceable and the Liquidator, therefore, intimated to the Court that he was withdrawing the case against Sri W.B. Dawson and did not want to proceed against him. The application proceeded against the remaining five persons. Father Francis Xavier having been exonerated from liability decrees were passed against the remaining four pers...
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