Allahabad Court April 1963 Judgments
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Satya Ketu Vs. the Election Tribunal and ors.
Court: Allahabad
Decided on: Apr-19-1963
Reported in: AIR1964All225
B. Dayal, J.1. This is a writ petition under Article 226 of the Constitution by Sri Satya Ketu who was a returned candidate for a seat in the U.P. Legislative Council from Rohilkhand Graduate Constituency. An election petition was filed by Sri Shyam Sunder challenging the election of Sri Satya Ketu and apart from praying that the election of respondent No. 1 Satya Ketu be declared void also prayed that the petitioner Shyam Sunder be declared to be duly elected.2. In the election petition he made allegations that some invalid votes had been counted in favour of Sri Satya Ketu. In his written statement in paragraph 4 Sri Satya Ketu alleged as follows:'That in case in the opinion of this Hon'ble Court it is found that any rule of voting and marking of ballot papers was contravened by the electors as a result of which certain ballot papers are to be rejected, then the same rule and principle should be applied to all the ballot papers whether cast in favour of the petitioner or any other ca...
Chiranjit Lal Gambir, Adv. Vs. Narang Industries Ltd. and ors.
Court: Allahabad
Decided on: Apr-19-1963
Reported in: AIR1964All364
Pathak, J.1. These are two appeals arising out of proceedings under the Displaced Persons (Debts Adjustment) Act, 1951.2. Three brothers, Chiranjit Lal Gambir, Kishan Dev Gambir and Manmohan Gambir constituted a partnership firm, M/s. Dewan Chand and Sons, and carried on the business of forest contractors and timber merchants at Jhelum, Lahore, Havelian, and Abbottabad, all situated, in what is now Western Pakistan. This business was carried on by the firm, which is the appellant before us, until partition of the country in 1947, when the three brothers migrated to Dehradun.3. The Displaced Persons (Debts Adjustment) Act, 1951 was brought into force in the State of Utter Pradesh on and from December 10, 1951, and on December, 9, 1952 an application was made by the firm under Section 5 of the Act praying that its liabilities be adjusted and scaled down under the provisions of the Act. In that application reference was made to a loan taken from the Narang Bank of India Ltd., Lahore in re...
Bharat Prasad Vs. Paras Singh and ors.
Court: Allahabad
Decided on: Apr-18-1963
Reported in: AIR1964All15
N.U. Beg, J.1. This appeal has been filed by Bharat Prasad who was the plaintiff in the trial Court. Bharat Prasad brought the suit out of which this appeal arises for recovery of Rs. 1,591/9/3. The plaintiff's case was that he and defendant No- 4 carried on partnership business of sugar manufacture in 1360 Fasli. Hardeo Singh,. father of defendants 1 and 2 and husband of defendant No. 3, was given Rs. 1,500/- by the partnership in lieu of his promise to supply 2500 maunds of sugarcane juice during the season at the prevalent rate to the partnership. It was further agreed that Hardeo Singh would pay damages at the rate of one anna per maund in respect of short supply, if any. Hardeo Singh supplied only 217 maunds 27 seers juice which was worth Rs. 217/10/9.In a division of the assets of partnership, this particular debt was allotted to the plaintiff. Hence-he brought the present suit for recovery ot Rs. 1,282/5/3 as excess amount paid by the partnership to Hardeo Singh, Rs. 142/10/- as...
Delta Engineering Co. Private Ltd. Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Apr-18-1963
Reported in: [1963]14STC515(All)
M.C. Desai, C.J.1. The Judge (Revisions) has submitted to this Court a statement of case and has formulated the following question :-Whether centrifugal water pumps used for pumping water from tube well are exempt from tax on the ground that they are 'agricultural implements' within the meaning of item No. 18 of Notification No. S.T. 119/X-928 of the U.P. Government issued under Section 4 of the U.P. Sales Tax Act ?2. The assessee, at whose instance the question has been referred is a dealer in centrifugal water pumps and other iron goods. The question is whether the turnover of sale of water pumps is exempt from sales tax under Notification No. S.T.119/X-928-1948, dated 7th June 1948, item No. 18, 'agricultural implements' The assessee contended that since centrifugal water pumps may be used for drawing water from wells for purposes of irrigation they are agricultural implements within the meaning of the notification. The notification does not define 'agricultural implements'. 'Implem...
Har Sarup and anr. Vs. Brij Bhushan Saran and anr.
Court: Allahabad
Decided on: Apr-17-1963
Reported in: AIR1964All340
Pathak, J.1. This is an appeal under the Representation of the People Act against an order of the Election Tribunal Bijnor dismissing an election petition.2. Of a number of candidates for election to the U. P. Legislative Assembly from the Dehra Dun City constituency, the first respondent Brij Bhushan Sharma was declared elected. His election was challenged by an election petition filed by the present appellants, and among the several allegations contained in that petition it was alleged in paragraph 4(F) :'Because respondent No. 1 through his agent and worker Shri Katuri Vaid, who is also President of City Congress Committee with the consent and connivance of respondent No. 1 threatened on the 15th February, 1962, at Dharampur, Dehra Dun, one Sri Jai Lal Khandelwal, an elector that his bones would be broken if he did not cast his vote for respondent No. 1 and also did not work for him and persuade others to vote for him.'3. A number of persons were impleaded as respondents to the elec...
E. M. C. (Works) Private Ltd. Vs. Income-tax Officer, District I (i), ...
Court: Allahabad
Decided on: Apr-17-1963
Reported in: [1963]49ITR650(All); [1966]59ITR606(All)
This is a writ petition under article 226 praying that a writ of certiorari be issued quashing the assessment order dated the 19th of November 1962, for the year 1959-60 passed under section 23(4) of the Income-tax Act, 1922 (hereinafter referred to as the Act).The facts leading up to his petition are these : The petitioner company is a private limited company duly incorporated on the 29th of May 1957, under the Companies Act, 1956. A notice under section 22(2) of the Act dated 5th May, 1959, was issued to the petitioner calling for a return for the assessment year 1959-60. In compliance with the aforesaid notice a return declaring a loss of Rs. 28,214.63 nP. for the assessment year 1959-60 along with audited balance-sheet profit and loss account and auditors report was furnished on 8th of July 1959. Thereupon the Income-tax Officer issued a notice under section 23(2) of the Act dated the 31st of July 1959, requiring compliance thereof on the 5th of August, 1959. On the 4th of August, ...
Shyam Sunder and ors. Vs. Seth Balmukand
Court: Allahabad
Decided on: Apr-16-1963
Reported in: AIR1964All370
S.S. Dhavan, J.1. These are two appeals by a defendant from the decisions respectively of the Additional District Judge, Meerut and the Judge Small Cause Court (functioning as Civil Judge) decreeing the plaintiff-respondent's suit for recovery of rent and compensation for use and occupation of a house. The facts are these. The defendant appellants are owners of the house. They borrowed a sum of Rs. 3200/- from the plaintiff respondent and executed a usufructuary mortgage of the house in his favour. Simultaneously they executed a rent note under which they became his tenants and continued to reside in the house for payment of rent at the rate of Rs. 25/-per month. The rent was not paid for several years and the plaintiff filed a suit in 1951 for the recovery of six years' rent and compensation for use and occupation. This is suit No. 394 of 1951. Even after the filing of this suit the rent remained unpaid and in 1955 the plaintiff filed a second suit for the recovery of rent and compens...
L. Madan Lal Haveliwala Vs. L. Sunder Lal and anr.
Court: Allahabad
Decided on: Apr-15-1963
Reported in: AIR1964All38
Desai, C.J. 1. This is an appeal from an order passed by a Civil Judge making an award a rule of the Court and passing a decree in terms of it.2. The appellant and the respondents are brothers. On 20-5-1955 they agreed to refer certain differences that had arisen amongst them to the arbitration of three persons, (1) Daya Kishan, (2) Bishambhar Dayal and (3) Moti Lal. The arbitrators started arbitration proceedings. On 14-1-56 Daya Kishan addressed a letter to the parties and the other two arbitrators alleging that the arbitration proceedings were conducted unfairly, that he being in a minority had been unable to do anything and that undue influence was being exerted upon him by the other arbitrators and informing them that he had withdrawn from the arbitration and would not take part in the arbitration proceedings.On 19-1-56 an award was made; it purported to have been made by all the three arbitrators but was signed by only two of them and contained a note to the effect that Daya Kish...
Hira Lal and ors. Vs. Hari NaraIn and ors.
Court: Allahabad
Decided on: Apr-15-1963
Reported in: AIR1964All302
ORDERK.B. Asthana, J. 1. By this application an order passed by the learned First Additional Civil Judge of Kanpur dismissing the auction purchaser's application under Order XXI, Rule 97 of C. P. Code for delivery of possession of the house purchased, has been brought up for revision. The facts which are necessary for the proper appreciation of the contentions raised by the learned counsel for the parties may be briefly stated.2. The Punjab and Sindh Bank obtained a decree for money against Smt. Narani Devi and one of her sons Shri Narain. In execution of this decree the decree-holder got a big house No. 24/88-A, Birhans Road, Kanpur, belonging to Smt. Naraini Devi, one of the judgment debtors, attached. The house attached was put to auction on 4-9-1961 and was purchased by the applicants for a sum of Rs. 1,11,000/-. The sale was confirmed on 14-1-1962. Smt. Naraini Devi, it appears, filed a revision in the High Court against the confirmation of the sale but failed. Her revision was di...
JamiluddIn Khan Vs. Niaz Ahmad
Court: Allahabad
Decided on: Apr-15-1963
Reported in: AIR1964All393
S.D. Singh, J.1. This second appeal arises out of a suit for the recovery of arrears of rent and ejectment of the defendant-appellant. The suit was decreed in full by the trial Court and the decree was affirmed by the lower appellate Court. The appellant challenges the decree only to the extent it relates to his ejectment. 2. The first question raised by the appellant was about waiver of the notice under Section 106 of the Transfer of Property Act. The notice was served on the appellant on 5th April. But the landlord accepted rent from the appellant for the period 1st April, 1959, to 31st October, 1959, on 20th November, 1959. The contention, therefore, was that the notice under Section 106 of the Transfer of Property Act was waived by the land-lord when he accepted rent for the aforesaid period. Ganga Dutt Murarka v. Kartik Chandra Das AIR 1961 SC 1067 is, however, complete answer to this contention. It has been held by their Lordships of the Supreme Court that where a contractual ten...
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