Allahabad Court February 1962 Judgments
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Rajdhari Devi Vs. Deputy Registrar, Co-operative Societies, U.P., Gora ...
Court: Allahabad
Decided on: Feb-28-1962
Reported in: AIR1963All113
ORDERA.P. Srivastava, J. 1. These two petitions are connected with each other and can, therefore, be disposed of together. A co-operative housing society, known as the Co-operative Housing Society Limited, Bindbasni Nagar, Bank Road, Gorakhpur, was registered in 1946 with the purpose of acquiring land and allotting plots out of it to its various members for building houses. Land was acquired in pursuance of the scheme and divided into plots. A blue print was prepared with the approval of the Town Planner and plots according to that blue print were allotted to the various members. According to that blue print a plot situated in between plots Nos. 28 and 29B was to be converted into a park. When allotments were made in accordance with the blue print and the scheme then prepared plot No. 42 was allotted to Sri Shiv Shanker Lal Srivastava, the husband of the petitioner. Plot No. 40, which was adjacent to plot No. 42, was allotted to Sri H. C. Mukherji respondent No. 4 of petition No. 362 o...
Dhoom Chand JaIn Vs. Chaman Lal Gupta and anr.
Court: Allahabad
Decided on: Feb-27-1962
Reported in: AIR1962All543
Dwivedi, J. 1. Chaman Lal Gupta the respondent, instituted suit No. 27 of 1949 for recovery of about Rs. 11,000/- from the appellant, his brother Daya Chand Jain, and Shambhu Lal and Sons, their joint family business, During the pendency of the suit Chaman Lal Gupta got an order of attachment before judgment of bungalow no. 1 B.P. Jain Road, of quarters No. 1 to 12 and 13 to 24, British Infantry Bazar, of No. 116, Cowshed, Royal Artillery Bazar and of No. 46, Royal Artillery Bazar. The suit was decreed for Rs. 11,646/-approximately on August 13, .1956. On April 4, 1957 Chaman Lal Gupta applied for execution of his decree by sale of the aforesaid attached proper- ties. It appears that Mainawati, a sister of the appellant and Payal Chand Jain, also held a money decree against them. In execution of her decrees she also applied for sale of the aforesaid properties, Thus at one and the same time two decree-holdeds, Chaman Lal Gupta and Mainawati, were proceeding against the aforesaid proper...
Mohammad Hamid HussaIn Vs. Asstt. Custodian of Evacuee Property, Allah ...
Court: Allahabad
Decided on: Feb-22-1962
Reported in: AIR1963All101
ORDERW. Broome, J.1. This writ petition challenges a demand made in September 1957 by the Assistant Custodian of Evacuee Property for arrears of rent in respect of the premises at No. 30 Elgin Road, Allahabad; and the petitioner asks for a writ of mandamus to be issued, requiring the Assistant Custodian not to treat any share or interest in the aforesaid premises as evacuee property and not to realise any amount from him by way of arrears of rent in respect thereof.2. The house in question was purchased by the petitioner and his brother Mohammad Mohmood Husain in the year 1941 in equal shares. In 1947 the petitioner's brother went off to Pakistan; and on 26-8-1952 he was killed there in an air-crash. According to the respondent, Mohammad Mahmood Husain had migrated to Pakistan and his share of the property vested in the Custodian of Evacuee Property under U. P. Ordinance No. 1 of 1949. The petitioner did not initially challenge the vesting order but agreed to deposit with the Custodian...
Wahid and anr. Vs. State
Court: Allahabad
Decided on: Feb-22-1962
Reported in: AIR1963All256; 1963CriLJ722
Kailash Prasad, J.1. This reference by the Civil and Sessions Judge, Gyanpur arises from proceedings under Section 145 of the Cri P. C. The proceedings originated on the application of one Mahangi (first party) alleging that he was in possession of a plot of land surrounded by a boundary wall behind the house of Wahid and Zahid (Second Party). Both the parties claimed to be in possession of the enclosure in dispute. The Sub-Divisional magistrate, after considering the affidavits put in by the parties and inspecting the locality, found that Mahangi (first party) was in possession of the disputed property. He accordingly ordered the property to be released in favour of Mahangi and directed Wahid and Zahid (second party) not to interfere with the peaceful possession of Mahangi until he is evicted by a competent Court of law.2. Dissatisfied with this order, Wahid and Zahid (second party) filed a revision before the Sessions Judge. It appears that the Sub-divisional magistrate, who inspecte...
W.L. Ross Vs. Regional Transport Authority Lucknow Region and anr.
Court: Allahabad
Decided on: Feb-22-1962
Reported in: AIR1962All574
ORDERN.U. Beg, J. 1. Two persons namely, Abdul Aziz and Uma Shanker Misra, held one stage carriage permit each. The permit of Abdul Aziz was permit No. 112. It fell due for renewal on the 28th of January 1960. The permit of Uma Shanker Misra was Permit No. 133. It fell due for renewal on the 2nd of April 1960. Both these persons applied for renewal of their permits. It appears that Abdul Aziz had not applied for renewal of his permit within time. Realising, therefore, that his application was beyond limitation, he applied for a fresh permit also. A third person viz. Sri W.L. Ross, who is the petitioner in this case, also applied for a fresh permit, in case the permit of any of the other persons was not renewed. On the 9th of April, 1960, the petitioner filed objections to the renewal of the said permits. On the 29th of April, 1960, the Regional Transport Authority met to dispose of these applications. On that day permit no. 133 in favour of Uma Shankar was allowed to be renewed. So far...
Tufall Ahmad Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: Feb-22-1962
Reported in: (1962)ILLJ674All
B.D. Gupta, J.1. This is a plaintiff's second appeal arising out of a suit for declaration that the order dismissing the plaintiff was illegal and invalid and that the plaintiff still continued to be in the service of the defendant, as also for recovery of arrears of his salary up to the date of suit. The defence was a denial of the plaintiff's assertion that the order of dismissal was illegal and invalid. The trial Court upheld the defence contention and dismissed the plaintiff's suit. On appeal by the plaintiff, the appellate Court agreed with the view taken by the trial Court and confirmed the decree of the trial Court. The plaintiff has' now filed this second appeal on the ground that the view taken by the Courts below is incorrect.2. In order to appreciate the controversy, the flowing facts may be set forward. At the relevant time the appellant was admittedly an employee holding the post of supervisor, stores, A grade. Sometime in November 1949, the plaintiff fell ill and was on m...
Hanuman Glass Works, Ferozabad Vs. Commissioner of Income-tax, AgrA.
Court: Allahabad
Decided on: Feb-22-1962
Reported in: [1962]46ITR268(All)
BRIJLAL GUPTA J. - This Income-tax reference comes to us on a requisition by this court under section 66(2) of the Income-tax Act. The question which has been referred to us for our opinion is as follows :'Whether the assessee was entitled to claim a deduction on account of a commission of 0-3-0 in a rupee paid to each of the two employees, Munshi Lal and Kesrimal, out of the profits that were actually distributed or out of the estimated profits ?'The facts giving rise to this reference are in a narrow compass. The assessee is a manufacturer of block glass. In the assessment year in question it had in its employment two individuals named Munshi Lal and Kesrimal. According to the assessee each one of these two employees was to get 3 annas in the rupee out of the net profits of the assessee as remuneration. The remuneration entered as having been paid to each one of these two employees in the account books of the assessee was a sum of Rs. 1,382, total Rs. 2,765. This was on the basis of ...
Behari and anr. Vs. Kunjar Lal
Court: Allahabad
Decided on: Feb-20-1962
Reported in: AIR1963All439
Bishambher Dayal, J.1. This is a defendants' second appeal. Plaintiff filed a suit for arrears of rent and ejectment on the ground that the defendant was a tenant at Rs. 8/8/- per month, that the defendant had not paid arrears of rent for a period from the 1st of April, 1953. A valid notice for vacating the house and demanding the arrears of rent was served on the defendant. The defendant contested the suit on the ground that during the rainy season of 1953 the wall and the tiled covering of the house had fallen. The Plaintiff dia not repair the same in spite of notice and, tneretore, the defendant spent Rs. 64/8/- on repairs of the house. He was therefore, not in arrears for which notice had been given. This amount of Rs. 64/87- was sufficient to cover the rent which had fallen due against the defendant upto the date 'f notice.2. The trial Court held that the defendant had not made any wilful default and, therefore, dismissed the plaintiff's suit for ejectment but decreed arrears of r...
Bholanath Srivastava Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Feb-16-1962
Reported in: AIR1963All363
ORDERA.P. Srivastava, J. 1. This petition was heard on 12-2-62 and was dismissed. Detailed reasons for the decision were to be given later. I now proceed to give the reasons.2. The petition has been filed under Article 226 of the Constitution. The petitioner was a candidate for election to the Parliament from the constituency known as No. 57 Allahabad Parliamentary Constituency. He filed his nomination paper for the constituency before the Returning Officer but on an objection being raised the Returning Officer by an order dated 22-1-62 rejected the petitioner's nomination as invalid on the ground that the petitioner had not made the necessary deposit as required by Section 34(1)(a) of the Representation of the People Act 1951. The notification calling upon all Parliamentary constituencies, including the constituency in question, to elect members was issued under Section 14(2) of Representation of the People Act 1951 and was published; in the Government Gazette dated 13-1-62. The conse...
Prayag Das and anr. Vs. State
Court: Allahabad
Decided on: Feb-14-1962
Reported in: AIR1963All131; 1963CriLJ279
J.D. Sharma, J. 1. This is an appeal against an order dated the 31st July 1961 of the learned Second Additional Sessions Judge, Meerut, convicting the appellant Dharampal under section 477 I.P.C. and the appellant Prayag Das under section 477 read with Section 109 I.P.C. and sentencing them to four years' rigorous imprisonment each. 2. On the 9th October 1947 Dharampal filed a complaint against K. N. Bhargava and his son B. N. bhargava charging them with having committed offences under Sections 325, 342 and 392 I.P.C. The accused in that case were discharged on the 23rd July 1949. On the application of K. N. Bhargava the court concerned tiled a case under Sections 193 and 211 I. P. C., against Dharampal and Seth Madan Lal in whose service Dharampal was. K. N. Bhargava and his son also filed suit No. 25 of 1950 for the recovery of Rs. 10,000/- as damages for malicious prosecution against Dharampal and Madan Lal. Madan Lal died during the pendency of the suit. The suit came up for hearin...
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