Allahabad Court May 1962 Judgments
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Basai Vs. Hasan Raza Khan and ors.
Court: Allahabad
Decided on: May-04-1962
Reported in: AIR1963All340
S.S. Dhavan, J.1. This is a second appeal by Basai against the decision of the Civil Judge of Basti decreeing 'the suit of plaintiff-respondents Hasan Raza Khan and others for an injunction requiring him to close a window in his kitchen wall and demolishing his cattle trough and pegs (haudi and khunta) and also close his nabdan. The plaintiffs and the respondent are resident of the same village and neighbours, the defendant's house overlooking the plaintiffs' sehandarwaza (sort of open courtyard). The plaintiffs alleged that a pathway ran through the defendant's sehan upto the plaintiffs' sehandarwaza which enabled them to take bullock-carts to their house; but recently the defendants had made constructions on his sehan encroaching upon this pathway and thereby reducing its width with the result that no bullock-cart could pass. The plaintiffs contended that they had acquired a prescriptive right of passing bullock-carts over this pathway which has been infringed by the raising of the n...
NaraIn Das Hari Vansh Vs. Kanpur Nagar Mahapalika
Court: Allahabad
Decided on: May-03-1962
Reported in: AIR1963All269
Srivastava, J.1. This is a plaintiff's appeal. The plaintiff constructed some zonal reservoirs for the Municipal Board of Kanpur now represented by the Nagar Mahapalika. The contract given for the construction of the reservoirs contained an arbitration clause and provided that if any dispute arose it was to be referred to the Superintending Engineer for decision. The reservoirs having been constructed a final bill was prepared which was certified by the person who was to certify it under the contract and was submitted to the Board. The amount was not paid. Some security had also been deposited in connection with the contract. It was also not refunded. The plaintiff, therefore, filed a suit for the recovery of Rs. 42,772/2/9 as balance due according to the final bills, Rs. 7,126/ 2/- as interest from the date of the bill to the date of the suit, Rs. 9,725/- as security deposit and Rs. 1,179/- as interest thereon. The total amount claimed was Rs. 60,802/4/9. After the suit was filed the ...
Karnail Singh Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: May-03-1962
Reported in: AIR1963All337
ORDERV.G. Oak, J.1. These two connected writ petitions are directed against two notifications issued by the State Government under the Motor Vehicles Act (Act No. IV of 1939 hereafter referred to as the Act). Since the same question of law is involved in these two cases, it will be convenient to dispose of the two cases by a common judgment. Karnail Singh is the petitioner in Civil Miscellaneous Writ No. 3398 of 1960.2. The petitioner held a permit for plying a stage carriage on Mirzapur-Ghorawal route. There was a proposal to nationalise this route. The State Government, therefore, Issued a notification on 2-7-1960 under Section 68-C of the Act announcing a plan to nationalise this route. Objections were invited. The petitioner filed an objection. The objection was disposed of by the Joint Secretary to U. P. Government in the Judicial Department, subsequently another notification was issued on 25-11-1960 under Section 68-D of the Act approving the provisional scheme. It was further di...
Shobha and anr. Vs. State
Court: Allahabad
Decided on: May-02-1962
Reported in: AIR1963All29; 1963CriLJ35
Jagdish Sahai, J.1. On being convicted under Section 7 of the Essential Commodities Act, 1955 for contravening Rule 3 of the U.P. Paddy (Restriction on Movement) Order, 1958 (hereinafter referred to as the Order) by a Magistrate, the petitioners appealed before the learned Sessions Judge, Varanasi but their appeal was dismissed on 14th of April, 1961 by Sri P.S. Varma, II Temporary Civil and Sessions Judge, Varanasi. Thereafter the present revision application was filed in this Court under Section 439 Cri.P.C.The matter came up before our brother Broome. The submission that was made before him on behalf of the petitioners was that the provisions of the Order and specially those of Clause 3 are ultra vires. On behalf of the State reliance was placed upon State of U.P. v. Ram Charan : AIR1962All359 where a Division Bench of this Court had held the provisions of the U.P. Wheat (Restriction on Movement) Order, 1949 to be intra vires. Broome; J. was of the opinion that there was a suggestio...
Sheikh Wajih UddIn Vs. the State
Court: Allahabad
Decided on: May-02-1962
Reported in: AIR1963All335; 1963CriLJ4
Jagdish Sahai, J. 1. Sheikh Wahaj Uddin (hereinafter referred to as the accused) is being prosecuted for an offence punishable under Section 153-A, I.P.C. in the court of the Judicial (Officer (III) at Kanpur. He made an application to this Court under Article 228 of, the Constitution of India which was allowed by Desai, C. J. who directed the transfer of the case to this Court for decision of the question of vires of Section 153-A, I.P.C., but expressly said in his order that only this question shall be decided here.2. We have heard Mr. Kunzru for the accused and the (earned Government Advocate for the State. Mr. Kunzru has made only the following two submissions before us:1. That this Court had under Article 228 of the constitution of India no jurisdiction to direct that only the question of vires shall be decided by this Court and the case itself will not be disposed of here. He has therefore requested us to ignore the direction of Desai, C. J. dated the 9th of May, 1961, directing ...
Bisheshar Dhani Ram Vs. the State
Court: Allahabad
Decided on: May-02-1962
Reported in: 1963CriLJ645
B.N. Nigam, J.1. Bisheshwar has been found guilty of an offence under Section 302 read with Section 34, Indian Penal Code. He has been sentenced to imprisonment for life. Two other persons, UmraoLal and Chhedl, who were charged with an offence under Section 302 read with Section 34, Indian Penal, Code along with Bisheshwar, were given the benefit of doubt and were acquitted by the learned Sessions Judge, Bahraich. Against his conviction and sentence Bisheshwar has filed this represented appeal.2. The prosecution case is that the parties reside in village Bantwara, police station Payagpur, district Bahraich. Jhagru deceased and Umrao Lal. acquitted, were step' brothers. Their father, Ram Adhar, is still alive. Jhagru used to live separately. Umrao Lal lives with his father. Jhagru had only 11 bighas of land in village Kamolia and he claimed more as due to him. On 8-9-1960 a Panchayat was held. This was attended by P.W. 5 Ram Naraln, P.W. 7 Dal Thomman Pradhan, P.W. 14 Birey and others i...
Commissioner of Income-tax U. P. Vs. R. S. Shoe Factory.
Court: Allahabad
Decided on: May-01-1962
Reported in: [1963]47ITR917(All)
BRIJLAL GUPTA J. - These are two references under section 66(1) of the Income-tax Act. They relate to two years, 1955-56 and 1956-57, but raise a common question arising out of the assessment of the same assessee and can be disposed of conveniently by a common judgment.The question referred to this court for opinion is :'Whether, on the facts and in the circumstance of the case, the several restrictions contained in the instrument of partnership dated June 21, 1953, rendered the partnership void in law so as not to entitle the firm to registration under section 26A of the Income-tax Act ?'The facts giving rise to the reference are that on June 15, 1953, the assessee firm came into existence with the following constitution :Name of PartnerShare in profit and loss Rs. A. P.1. Roshan Lal0 - 6 - 62. Satya Prasad0 - 6 - 63. Manohar Lal0 - 3 - 0For the assessment year 1955-56 the assessee applied for registration under section 26A and relied on an instrument of partnership dated June 21, 195...
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