Allahabad Court November 1963 Judgments
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Thakur Dan Singh Bisht Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Nov-08-1963
Reported in: AIR1964All128
Jagdish Sahai, J.1. On a difference of opinion between my brothers Nigam and Katju in First Appeal No. 2 of 1955 the following question of law has been referred to me by them under Section 98(2) of the Code of Civil Procedure:'Whether the terms of Section 175(3) of the Government of India Act, 1935, require the execution of a formal document or whether the contract can be culled from the correspondence passing between the parties?'2. The facts giving rise to this reference are as follows:The State of Uttar Pradesh (hereinafter referred to as the respondent) owned and possessed two bungalows at Bahramghat, Tahsil Fatehpur, district Bara Banki, known as the Works Manager's bungalow and the Works Superintendent's bungalow. These bungalows stood on the land belonging to the Oudh-Tirhut Railway Administration (hereinafter referred to as the O.T.R. Administration) and not the Government of U. P. The respondent offered to sell these bungalows for Rs. 19,965-6-6, their book value, to Thakur Da...
Singh Engineering Works Private Ltd. Vs. Income-tax Officer, Special I ...
Court: Allahabad
Decided on: Nov-07-1963
Reported in: [1964]53ITR494(All)
This is a writ petition under article 226 of the constitution. The prayer is for the issue of a writ of certiorari quashing the order of the Income-tax officer dated 24th of May, 1963, under section 35 of the Income-tax Act (hereinafter referred to as the Act) and for the quashing of the notice of demand dated the 24th may, 1963, passed in pursuance of the order under section 35 of the Act.The facts leading up to this petition are these : The petitioner is a private limited company which was incorporated on the 18th of September, 1942, with its registered office at Kanpur. For the relevant assessment year 1955-56, the petitioner company filed its return of the total income in the sum of Rs. 2,99,039. The Income-tax Officer, Mr. Misra, who had then the jurisdiction over the case passed an assessment order dated 19th of March, 1956, under section 23(3) of the Act on a total income of Rs. 3,29,774 (annexure 'A'). Certain specific disallowances not under the proviso to section 13 of the Ac...
Yogendra Nath Tewari Vs. State
Court: Allahabad
Decided on: Nov-06-1963
Reported in: AIR1965All415; 1965CriLJ330
ORDERD.S. Mathur, J.1. This is a criminal reference by the Additional Sessions Judge of Azamgarh with the recommendation that the Magistrate's order dated 12-9-1901 be set aside and he be directed to return the complaint or report of the Superintendent of Police, Azamgarh, for presentation before the District Magistrate and/or such suitable orders as the High Court may deem proper to pass.2. The material facts of the case are that Yogendra Nath Tewari, applicant, proceeded on leave and did not report for duty even though the leave was not extended and he was served with a notice to join his duties. The Superintendent of Police then made a complaint alleging that the applicant had committed an offence punishable under Section 29 of the Police Act. The complaint was addressed to and was taken cognizance of by the Additional Sub-Divisional Magistrate, Sadar, Azamgarh.3. The applicant challenges the jurisdiction of the Additional Sub-Divisional Magistrate on the ground that the complaint w...
Krishan Goyal Vs. Purshottam Lal Badhwar (Rajaji) and anr.
Court: Allahabad
Decided on: Nov-05-1963
Reported in: AIR1964All363
B. Dayal, J.1. This is an appeal under Section 116A read with Section 90(3) of the Representation of the People Act. The respondent Sri Purshottam Lal Badhwar was elected and against his election an election petition was filed by the appellant Sri Krishna Goyal. That election petition has been dismissed by the Tribunal on the ground that that petition has not complied with the provisions of Section 81(3) of the Representation of the People Act.2. The facts found by the Tribunal and ascertained by us from the record are that the petition was accompanied by the relevant number of copies of the petition which were signed on each page by the petitioner but the attestation regarding the copies being true copies under the signature of the petitioner had not been appended to the copies. There are some typing and other clerical mistakes in the copies but they are not substantial in the sense that the copies which had been filed are still copies of the petition and it cannot be said that they a...
Ram DIn Sarabjit Vs. State
Court: Allahabad
Decided on: Nov-04-1963
Reported in: 1964CriLJ579
G.D. Sahgal, J.1. Ram Din appellant (45 years) has been convicted of an offence Under Section 302 read with Section 34 of the Indian Penal Code by the IV Movable Civil and Sessions Judge, Gonda, and also of an offence Under Section 201 of the Indian Penal Code. While he has been sentenced to death for the offence Under Section 302 read with Section 34 of the Indian Penal Code, he has been sentenced to five years' rigorous imprisonment for the offence Under Section 201 of the Indian Penal Code. Along with the appeal that he has made we have before us the reference also Under Section 374 of the Code of Criminal Procedure for the confirmation of the death sentence. The appeal originally was filed from jail but later on the appellant was represented by Counsel.2. According to the prosecution case. Ham Bachan deceased was the son-in-law of Ram Din appellant having been married to his daughter Smt. Bachchi. He belonged to village Amkolwa, hamlet of village Patna, Police Station Payagpur, dis...
Reoti Saran Vs. Hargu Lal
Court: Allahabad
Decided on: Nov-01-1963
Reported in: AIR1964All542
Oak, J. 1. The short point for consideration in this special appeal is whether tenancy rights are extinguished, when a tenant purchases his landlord's property.2. Reoti Saran, plaintiff filed a suit against Hargu Lal defendant on these allegations. The dispute relates to certain shops. On 2-7-1942 the plaintiff and his brothers sold the shops in dispute to Hargulal, defendant. The same day the parties entered into a written agreement, under which Hargulal promised to reconvey the property to the vendors on condition that the vendors paid the price within a period of eight years. In pursuance of that agreement dated 2-7-1942, the plaintiff and his brothers paid up the price on 21-12-46, and repurchased the property from Hargu Lal defendant. There was partition between the plaintiff and his brothers. As a consequence of that partition, the shops in dispute came to the share of Reoti Saran plaintiff. Although the property was purchased from the defendant, the defendant declined to vacate ...
Abdul Fatteh Vs. State of U. P.
Court: Allahabad
Decided on: Nov-01-1963
Reported in: [1964]53ITR592(All)
M. C. DESAI C.J. - This is a statement of a case referred by the Revision Board under section 24(4) of the U.P. Agricultural Income-tax Act at the instance of the assessee, Abdul Fatteh, and this courts answers are required on the following four questions :(1) Whether the Boards is empowered by section 22 of the Act to revise an earlier order made by it ?(2) Whether the return filed by the assessee in respect of the notice under section 15(3) served on the assessee on the 7th July, 1950, could be treated as a return filed in response to the general notice published under section 15(1) ?(3) Whether in the circumstances of the case the Revision Board could lawfully remand the case for fresh assessment ?(4) Whether an assessment could be lawfully made as mutawalli without prior service of notice in respect of income from endowed properties and on him in his personal capacity in respect of other income ?'The assessee is the mutawalli of a wakf which owns certain property. There is other pr...
State of Uttar Pradesh Vs. Yashpal Singh.
Court: Allahabad
Decided on: Nov-01-1963
Reported in: [1965]56ITR332(All)
M. C. DESAI C.J. - This is a statement of a case referred by the Revision Board under section 24(1) of the U. P. Agricultural Income-tax Act inviting this courts answer to the following question :'An assessee files a return showing his income from and the expenses of cultivation under section 6(2)(b) of the Agricultural Income-tax Act. His returns are rejected and the income is determined to be much higher than what has been shown in the returns. Is it open to the assessing authority in view of the increase in the income to allow a larger amount by way of expenses than what was shown in the returns or is the statement made in the returns binding on the assessee ?'The assessee, who has elected in favour of the mode mentioned in section 6(2)(b) for computing his total agricultural income, submitted a return in the prescribed form showing his income and expenses. According to the return his gross income was Rs. 10,000 and odd and his expenses of cultivation were Rs. 5,000 and odd. The ass...
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