Allahabad Court April 1963 Judgments
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Ram Bali Vs. Tulsi
Court: Allahabad
Decided on: Apr-04-1963
Reported in: AIR1964All231
ORDERS.C. Manchanda, J. 1. This is a revision application against the order of the Civil Judge, Jaunpur dated, the 27th of February 1962, whereby the order of the Munsif holding that there was legal misconduct by the arbitrators in making the award was set aside. 2. The facts giving rise to the application are these : Ram Babu plaintiff filed a suit for partition of share of the plots in list A filed with the plaint. Tulsi defendant No. 1 was the main contestant. The plaintiff alleged that he was the son of Jaganandan the uncle of defendant No. 1. Jagannath defendant No. 2 was alleged to be the owner of the remaining half share in the impugned plots. Both the plaintiff and defendant No. 1 conceded that Jagannath defendant No. 2 had a half share in the plots. Jagannath admitted the case of the plaintiff. Real contest therefore, was only between the plaintiff and defendant No. 1 Tulsi. During the pendency of the suit the contesting parties agreed to refer the matter to the Arbitration of...
Gyan Chandra Mehrotra Vs. University of Allahabad Through Registrar an ...
Court: Allahabad
Decided on: Apr-04-1963
Reported in: AIR1964All254
V. Bhargava, J. 1. This appeal has been filed by Gyan Chandra Mehrotra against the dismissal of a petition filed by him under Article 228 of the Constitution. In the month of May 1962 the appellant appeared as a candidate at the LL.B. Previous Examination of the Allahabad University in which ha was required to answer seven papers including one paper on Law of Easements and Torts. In each of the papers he obtained marks which were in excess of the minimum of 36 per cent required in order to qualify him for being declared a successful candidate. The Ordinance further laid down that in order to succeed he had to obtain a minimum of 50 per cent marks in the aggregate. The total marks being 700, a minimum of 350 marks in the aggregate was needed by him to be declared successful. In fact only 349 marks were assigned to him so that he was not included amongst the list of successful candidates. The contention of the appellant in the petition was that he in fact secured more than 350 marks in t...
Haji Abdul Qayum Vs. Keshav Saran and ors.
Court: Allahabad
Decided on: Apr-04-1963
Reported in: AIR1964All386
V. Bhargava, J.1. These are two cross appeals arising out of one single petition under Article 226 of the Constitution which was numbered as Writ Petition No. 2081 of 1962. The writ petition related to the passing of no-confidence motion in respect of the President of the Municipal Board of Amroha. The Municipal Board of Amroha consisted of 31 members including the President. General elections for the Municipal Board of Amroha were held in the year 1957 and, at that time, one Muhammad Mian was elected as President. Subsequently, a vote of no confidence was passed against Muhammad Mian. He ceased to be the President and a casual vacancy in the office of the President was declared. This casual vacancy was filled up by an election held on 8th February, 1961. Haji Abdul Quyyum, one of the opposite-parties in the writ petition and the appellant in Special Appeal No. 654 of 1962, was the person elected as President in this casual vacancy. On 4th June, 1962, 16 members of the Municipal Board,...
Rashid Ali Vs. Azizan
Court: Allahabad
Decided on: Apr-03-1963
Reported in: AIR1964All183
S.D. Singh, J.1. The plaintiff appellant in this second appeal filed a suit for the ejectment of the respondent and for recovery of arrears of rent in respect of an accommodation in which she was alleged to be a tenant. The property was evacuee property under the management of the Custodian of the Evacuee Properties. It was transferred to the plaintiff on 1st of May 1959. The respondent who was in occupation of the accommodation when it was transferred to the plaintiff, will, under Sub-section (i) of Section 29 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, be deemed to be a tenant in this accommodation. The plaintiff alleged that she had not paid rent for more than three months in spite of notice of demand under Clause (a) of Sub-section (i) of Section 3 of the U. P. Control of Rent and Eviction Act. The lower appellate Court found that the amount claimed by the plaintiff as arrears of rent was wrong, that only Rs. 3/- were due as such for the period 1st January...
Ram Autar and ors. Vs. Kaushal Kishore
Court: Allahabad
Decided on: Apr-02-1963
Reported in: AIR1965All44
R.S. Pathak, J.1. This is a decree-holder's appeal arising out of execution proceedings. Ram Autar and Kaushal Kishore are brothers and live in premises which are contiguous to each other.2. Ram Autar instituted suit No. 181 of 1940 alleging that Kaushal Kishore had constructed a new door EF in the upper storey of the house which opened upon the plaintiffs balcony, and that as he had no right to use the balcony he should be required to close the door. The suit was decreed on September 11, 1940 and Kaushal Kishore was directed not to interfere with Ram Autar's balcony on the first floor and not to exercise any right of way over this balcony through the door EF. In appeal from this decree, the lower appellate Court decreed further that Ram Autar could do whatever he pleased in order to prevent the use of the door EF by Kaushal Kishore for passage to the Chhajja. A second appeal by Kaushal Kishore to this Court, and cross objections filed therein by Ram Autar, resulted in a decree on Nove...
Kunwer Sen Vs. Sohan Lal and anr.
Court: Allahabad
Decided on: Apr-01-1963
Reported in: AIR1964All189
S.S. Dhavan, J.1. This is a decree-holder's second appeal from the order of the judge Small Causes Court, Agra, functioning as Civil Judge, allowing the judgment-debtor's objection under Section 47, C. P. C. against the execution of a decree for recovery of mesne profits of a shop.The appellant decree-holder, Kunwer Sen, filed a suit for the ejectment of Mohan Lal, the father of the present judgment-debtor Sohan Lal, and for recovery of rent and mesne profits till the date of possession. The suit was decreed. The concurrent findings of the Courts below are that the judgment-debtor instead of vacating the shop, put his cousin, one Hira Lal, in possession after securing for him an order of allotment from the Rent Control and Eviction Officer which was obtained by collusion. The appellant decree-holder made representations before the Rent Control and Eviction Officer that the allotment order was obtained by fraud for the purpose of defeating the decree for ejectment, and thereupon that or...
Dr. Sukh Deo Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Apr-01-1963
Reported in: [1963]14STC581(All)
M.C. Desai, C.J.1. At the instance of the assessee the Judge (Revisions) has referred to this Court a statement of the case giving rise to the following question of law :-Whether the preparation of medicines on prescriptions of the applicant amounted to a manufacture of 'medicines and pharmaceutical preparations' within the meaning of notification No. ST-3504/X dated 10th May, 1956, and whether the applicant was assessable to tax on the turnover of the medicines so dispensed.2. The assessee is a practising doctor and dispensing chemist. His patients get medicines according to the prescriptions issued by him and dispensed by him ; he thus sells medicines required by patients according to their prescriptions. He has been assessed to sales tax on the turnover of these sales. He claimed that he was exempted from the liability to pay sales tax because he could not be said to be a manufacturer of medicines. His contention was rejected by the Sales Tax Officer and the Judge (Appeals and Revis...
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