Allahabad Court January 1962 Judgments
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Ram Singh Vs. State and anr.
Court: Allahabad
Decided on: Jan-30-1962
Reported in: AIR1963All355; 1963CriLJ117
ORDERKailash Prasad, J.1. This revision has been filed by Ram Singh against the order of a Magistrate directing him to pay Rs.- 50/- per month to Smt. Ramsri, as maintenance under Section 488, Cr. P. C.2. Smt. Ramsri is a legally wedded wife of the applicant. She made an application under Section 488, Cr. P. C., against Ram Singh claiming a monthly allowance for her maintenance. She founded her application on the allegations that her husband, Ram Singh had developed illicit intimacy with the wife of her brother and when she objected to it, her husband turned her out of the house. Thereafter Ram Singh married the woman with whom he had developed illicit intimacy and that woman was living with Ram Singh. Smt. Ramsri also alleged that her husband was a man of suffcient means.3. Ram Singh denied that another woman was living with him and pleaded that Smt. Ramsri was herself unwilling to come and live with him and so she was not entitled to any maintenance allowance.4. The Magistrate, after...
State of U.P. Vs. Joti Prasad
Court: Allahabad
Decided on: Jan-30-1962
Reported in: AIR1962All582
Sharma, J.1. These are two connected appeals by the State against the orders of acquittal in sessions trials Nos. 6 and 6-A of 1959 by the learned Assistant Sessions Judge, Agra.2. The Committing Magistrate had made one order of commitment in respect of the offences under Sections 420 and 468, I. P. C. In the court of session the case was divided into two trials: S. T. No. 6 of 1959 relating to the offences under Section 420 and S. T. No. 6-A of 1959 relating to the offences under Section 468, I. P. C. Almost the same documents had been exhibited in the two trials. Reference in the judgment will be made to the exhibit marks of S. T. No. 6-A of 1959.3. The respondent Joti Prasad, a resident of Mala Bhairon, P.S. Chatta, Agra, had been running two institutions, known as (1) Nikhil Bharat Varsha Vidwat Parishad Vidyapith, and (2) National Medical College. The object ofthe two institutions as mentioned in the Niamavali Ex. Ka-83 was to work for the progress and spread of study of Sanskrit ...
Gulam Rasool Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jan-30-1962
Reported in: AIR1962All621
V. Bhargava, J.1. We have heard learned counsel for the appellant on this appeal by which the appellant has prayed that his petition under Article 226 of the Constitution should be allowed and the order of the learned Single Judge dismissing the petition be set aside. The appellant in the petition prayed principally for the issue of a writ of mandamus restraining the respondents from compelling the appellant to leave India or arresting or deporting him out of its territories, as also a writ of mandamus to the Senior Superintendent of police, Agra, to forbear from interfering with the appellant's right to settle or reside in any part of India. The claim was put forward on the ground that the appellant was a citizen of India when the Constitution came into force, that he went to Pakistan sometime in the year 1955, that he never migrated from India and never acquired the nationality of Pakistan or any other foreign country, that he returned to India in 1956 and that since then he has a ri...
Misra (V.D.) Vs. Collector of Central Excise
Court: Allahabad
Decided on: Jan-30-1962
Reported in: (1962)ILLJ671All
V.G. Oak, J.1. This petition under Article 226 of the Constitution is directed against an order of removal from service.2. The petitioner was employed as an inspector in the central excise department at Allahabad. There were various complaints against him. A preliminary enquiry was held into the complaints; and it was decided that there was a prima facie case against the petitioner. Formal charges were drawn up against the petitioner; and one Shankar held an enquiry into the charges. He concluded that certain charges were established against the petitioner. On receiving Shankar's report, the Collector, Central Excise, Allahabad (hereafter referred to as the Collector) issued a notice to the petitioner to show cause why he should not be removed from service. The petitioner submitted his explanation to the Collector. The Collector was not satisfied with the explanation. He passed on 23 April 1959 an order removing the petitioner from service. The petitioner's appeal against the order of ...
Gur Prasad Hari Das Vs. Commissioner of Income-tax, U. P.
Court: Allahabad
Decided on: Jan-29-1962
Reported in: [1963]47ITR634(All)
BRIJLAL GUPTA J. - This is an income-tax reference which comes to us in consequence of an order of this court, dated December 16, 1957, on an application by the assessee under section 66(2) of the Income-tax Act. The question which has been referred to us for opinion is :'Whether there was any material for the finding given by the Tribunal that out of 21 high denomination notes, which were exchanged by the assessee, 13 represented income of the assessee from some undisclosed source.'The facts giving rise to the reference are that the assessee carries on business in cloths, parchoon, kerosene and salt and has been income from zamindari. Upon the coming into force of the High Denomination Notes (Demonetisation) Ordinance in January, 1946, the assessee encashed 21 high denomination notes. Having been called upon to explain the nature and the source of the amount represented by these 21 notes the assessee explained that they were received by him in the usual course of business and formed p...
Bachcha Vs. Kameshwar Prasad Singh and anr.
Court: Allahabad
Decided on: Jan-25-1962
Reported in: AIR1963All311
S.C. Manchanda, J.1. This is a defendant's appeal against the order of the District Judge dated the 24th August, 1957 refusing to rehear the appeal dismissed ex parte on the ground that the decree was passed on 23-2-1957 and the application for setting aside the ex parte decree having been filed on 1-5-1957 it was barred by time under the provisions of Article 169 of the Indian Limitation Act.2. The plaintiff had filed an appeal which was put up for the first time before the District Judge on the 22nd January 1955, An order was passed, 'admit, let notice issue to the defendant-appellant'. In the notice which was issued in the usual form, as given in form No. 6 of the 1st schedule to the C. P. C., the date given was the 13th April 1955. The endorsement thereon was that the defendant-respondent should file the Vakalatnama on the 13th April 1955. The Vakalatnama by the respondent to that appeal was duly filed on 13th April 1955. On that date, however, no date was fixed for the hearing of ...
State of Uttar Pradesh Vs. Akbar Ali Khan
Court: Allahabad
Decided on: Jan-23-1962
Reported in: AIR1963All377; (1963)ILLJ466All
Bhargava, J.1. This is an appeal by the State of Uttar Pradesh against a judgment of a learned Single Judge of this Court allowing a petition under Article 226 of the Constitution and quashing two orders of the Government dated 13th August, 1957, and 1st December, 1958.2. The respondent was in the service of the appellant as a permanent Naib Tahsildar. On 30th April, 1951, he was placed on probation as a Tahsildar in accordance with the rules governing the appointment etc. of Tahsildars. Under Rule 12 of the said rules he had to be placed on probation for a period of two years. This period of two years expired on 29th April, 1953. The rules also laid down that a probationer could actually be confirmed at the end of the period of probation if he passed the departmental examination for tahsildars completely, had been reported by his Commissioners to be fit for confirmation and his integrity was Unquestionable.There was also a rule laying down the conditions under which he could be revert...
Sheo Baran Vs. Bindeshwari Prashad and ors.
Court: Allahabad
Decided on: Jan-23-1962
Reported in: AIR1963All607
ORDERS.S. Dhavan, J. 1. This is a petition under Article 226 of the Constitution of India impugning the legality of an order passed by the Sub-Divisional Officer, Tanda allowing the election petition under Section 12(c) of the U. P. Panchayat Raj Act. In 1961 there was an election held for the office of the Pradhan of the Gaon Sabha, Baskhari in the District of Faizabad. The petitioner Sheo Baran was not a candidate but only a voter. The rival candidates were the first and the second respondents Bindeshwari Prasad and Dudhnath. Bindeshwari Prasad was elected. Dudhnath filed a petition challenging the election of the winner on the ground that he was holding an office of profit under the Government at, the tune of his nomination and, therefore, disqualified for election. Dudhnath prayed that the election of Bindeshwari Prasad be set aside, and further that he be elected as the sole candidate after the rejection of Bindeshwari Prasad's nomination papers.Bindeshwari Prasad contested the pe...
Zahir Ahmad Vs. Ganga Prasad, A.S.D.M., Ballia and anr.
Court: Allahabad
Decided on: Jan-22-1962
Reported in: AIR1963All4; 1963CriLJ20
Jagoish Sahai, J. 1. The petitioner Zahir Ahmad has come to this Court under Article 226 of the Constitution of India and has prayed for the issue of a 'Writ of habeas corpus or an order in the nature of habeas corpus to the respondents' to set the petitioner at liberty without any delay. The facts giving rise to this petition in short are as follows: 2. On the 7th of October, 1961, Sub-Inspector Permanand Dube, Station Officer police station Kotwali, Ballia made a report to the S. D. M., Ballia for taking proceedings under section 107 of the Code of Criminal Procedure against the petitioner and eleven others. It appears that the case was transferred to the court of Sri Ganga Prasad, Additional S. D. M., Ballia for trial. It is thecommon case of the parties that Sri Ganga Prasad did not make an order in writing setting forth the substance of the information received, the amount of the bond to be executed, the term for which it was to be in force, and the number, character and class of ...
Ramchand Vs. Moti Thad and anr.
Court: Allahabad
Decided on: Jan-22-1962
Reported in: AIR1962All353
N.U. Beg, J. 1. This is a report by the Chief Inspector of Stamps in respect of a lease deed dated the 15th of September, 1947. By this lease deed an immovable property was let out to the respondents for a period of ninety years on rent. The stipulations relating to rent are contained in paragraph 1 Clauses (a), (b), (c) and (d) of the instrument. According to the terms mentioned in the said lease the rent for the first twenty years i.e., from 1947 to 1967, was stipulated to be Rs. 275/- per month. The total amount at this rate worked out to Rs. 88,600/-. A rebate of Rs. 10,000/- was, however, allowed if a sum of Rs. 36,000/- was paid in advance on the date of the commencement of the lease, and the remaining amount of Rs. 20,000/- was paid by two equal instalments of Rs. 10,000/- each on the 1st February, 1948, and the 1st May, 1948. The whole amount of Rs, 56,000/- thus represented an adjustment towards rent for the entire period beginning from the 15th September, 1947, and ending on ...
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