Allahabad Court May 1963 Judgments
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Commissioner, Sales Tax Vs. Hindustan Metal Works
Court: Allahabad
Decided on: May-09-1963
Reported in: [1964]15STC97(All)
M.C. Desai, C.J.1. The Judge (Revisions), Sales Tax, U.P., has at the instance of the Commissioner of Sales Tax, U.P., referred to this Court a statement of the case from which the following question of la arises:-Whether the sale of phosphor bronze ingots made from an alloy of tin and copper with a total addition of not more than 1 per cent. of phosphorus and lead would be taxable? 2. The assessee sold an article called phosphor bronze ingots to the Indian Railways in accordance with a contract entered into between it and the railways. Under the contract it was to supply to the railways an article, the composition of which was:-Tin between 6 and 8 per cent., lead 5 per cent., phosphorus between 4 and 6 per cent. and copper of the balance. 3. Thus the article namely phosphor bronze ingots to be sold by the opposite party to the railways was to consist of at least 90.9 per cent. copper, of 6 to 8 per cent. of tin, of not more than 5 per cent. of lead and of 4 to 6 per cent. of phosphoru...
Dr. Ganga Baksh Singh Vs. Dr. J.C. Sharan S/O Late Pt. Ramlal and ors.
Court: Allahabad
Decided on: May-09-1963
Reported in: 1964CriLJ362
ORDERN.U. Beg, J.1. This is an application Under Section 3 of the Contempt of Courts Act. The applicant is Dr. Ganga Baksh Singh and the opposite parties are (1) Dr. J. C. Sharma, Principal, National Homeopathic Medical Collage, Lucknow (2) Dr. Daya Nand, Member U. P. Homeopathic Medicine Board, Lucknow and (3) Dr. A. P. Arora, Member, U. P. Homeopathic Medicine Board, Lucknow.The facts giving rise to this application may be briefly stated as follows:On the 7th of February, 1961 an application signed by a number of persons was made to the Registrar, Homeopathic Medicine Board, U. P. Lucknow alleging that Dr. J. C. Sharma, opposite party No. 1 who was principal of the National Homoeopathic College, Lucknow and a member of the Management Board of the said coJIegei, had obtained scholarship from the U. P. Government for higher studies by making certain false representations regarding his qualifications and had also succeeded in securing his post in National Homeopathic College, Lucknow in...
Nagar Mahapalika of Kanpur Vs. Sri Ram and anr.
Court: Allahabad
Decided on: May-08-1963
Reported in: AIR1964All270; 1964CriLJ626
Mathur, J.1. This is an appeal under Section 417 (3) Criminal Procedure Code by the Nagar Mahapalika Kanpur, against the order dated 22-7-1961 of the IVth Additional Sessions Judge, Kanpur, allowing the appeal of Sri Ram, respondent, and acquitting him of the offence punishable under Section 16 of the Prevention of Food Adulteration Act (to be referred hereinafter as the Act) for contravention of Section 7 thereof.2. The facts, in brief, are that on 29-1-1960 the respondent, Sri Ram, was found selling laddoos in Mohalla Ashok Nagar of Kanpur City. The Food Inspector purchased laddoos and prepared three sealed samples thereof, one of which was sent to the Public Analyst for analysis and report, the other was handed over to the respondent and the third was retained in the office of the Medical Officer of Health, Kanpur. The Public Analyst submitted his report (Ex. Ka-4) and expressed the opinion that the sample was coloured with a coal-tar dye, namely, metanil yellow, which was not one o...
Subhag and ors. Vs. State
Court: Allahabad
Decided on: May-08-1963
Reported in: 1964CriLJ75
D.S. Mathur, J.1. This is an appeal by Subhag and eight others against their conviction of offences punishable under Secs. 148, 302/149 and 324/149, I.P.C. They have all been sentenced to one year's Rule I. under Section 148 I.P.C., to imprisonment for life on both the counts under Section 302/149 I.P.C. and to two years' Rule 1. and a, fine o): Rs, 100/- each in case of default, another four months' Rule I. under Section 324/149 I.P.C. All the sentences are to run consecutively. Jagan, Chattir and Udit, appellants, have been given notice to show cause' why their sentence under Section 302/149 I.P.C. be not enhanced to death.Subhag, Lachhman, Udit and Kishore, appellants 1, 4V 5 and 8, are brothers and Bechan, appellant No. 9, is their cousin. Rameshwar, appellant No. 7, is the son of Bechan. Jagan and Chatur, appellants Nos. 2 and 3, are inter se brothers and they are cousins of Subhag, appallant No. 1. Bhual, appellant No. 6, is the nephew Rameshwar, appellant No. 7. All the appellan...
Asghar Ali Vs. Govind Lal
Court: Allahabad
Decided on: May-07-1963
Reported in: AIR1964All195
R.S. Pathak, J.1. This is a defendant's appeal arising out of a suit for ejectment, arrears of rent and damages.2. The plaintiff came to court with the allegations that a shop was let out by one Masood Husain to the defendant on rent, that the plaintiff purchased the property from Masood Husain subsequently, that the plaintiff terminated the defendant's tenancy In accordance with law and was, therefore, entitled to eject the tenant. It was also alleged that the defendant was liable to pay arrears of rent and damages.3. The suit was contested Inter alia on the ground that the notice was invalid and that the defendant had become a co-sharer in the property In dispute by subsequent purchase from one Sultan Ahmad, one of the original co-sharers.4. The trial court decreed the suit for possession and for recovery of arrears of rent and damages.5. The defendant preferred an appeal which was, however; dismissed by trie learned Additional Civil Judge, Moradabad.6. The only ground urged before m...
Manhoo Mal Vs. Mulloo and ors.
Court: Allahabad
Decided on: May-07-1963
Reported in: AIR1964All213
Desai, C.J. 1. This is an appeal by a plaintiff whose suit under Section 209 of the Zamindari Abolition and Land. Reforms Act for possession over a plot of agricultural land has been dismissed by the Courts below. The facts, as found by them, are that the land id dispute was Sir of the appellant on 30-6-1962 the day preceding the date of vesting mentioned in Section 4 of the Act. In 1358 Fasli corresponding to 1950-51 the respondent took unlawful possession of the land. After the Act came into force on 1-7-1952, the appellant sued the respondent claiming that he acquired bhumidari rights over it by virtue of Section 18 and alleging that the respondent acquired no right whatsoever under the Act and was liable to be ejected under Section 209 as a trespasser. He also claimed damages. The suit was contested by the respondent, who claimed to have been in possession for more than 12 years as a hereditary tenant and to have acquired adhiyasi right under Section 3 of the Zamindari Abolition an...
Lachhimi Nath Pathak and anr. Vs. Bholanath Pathak and ors.
Court: Allahabad
Decided on: May-07-1963
Reported in: AIR1964All383
Mithan Lal, J.1. This second appeal filed byof the defendants is directed against the judgment of Hari Har Sharan, Civil Judge, Allahabad, reversing the decree of the trial Court and decreeing the plaintiff's suit.2. The dispute related to a piece of land which was said to be part of No. 192 and which was in the form of an akhara. The plaintiff alleged that he had been in adverse proprietary possession of this land for more than twelve years but defendants Nos. 2 to 5 in collusion with defendant No. 1 started proceedings under Section 145, Cri. P. C. and obtained delivery of possession from the Court of the Magistrate. The plaintiff alleged that neither defendant No. 1 not any other defendant remained in possession of the land in dispute and consequently the present suit was filed for a mere declaration and injunction restraining the defendants not to take possession over the land in dispute. The relief for possession is conspicuously absent from the plaint.3. The defence was that the ...
Shri Nath Vs. Gopi Chand and ors.
Court: Allahabad
Decided on: May-07-1963
Reported in: AIR1964All416
S.S. Dhavan, J.1. This is a defendant's second appeal from the concurrent decisions of the Courts below decreeing the landlord's suit for his ejectment. The plaintiff-landlord alleged that the defendants did not pay rent for several months in spite of service of a notice of demand and the plaintiff thereupon filed this suit after terminating their tenancy. The defendants denied that any notice of demand has been served on them and also challenged the validity of the notice terminating the tenancy. Both the Courts below held that the defendants had refused the notice of demand and that the notice terminating the tenancy was valid. The defendants have come to this Court in second appeal.2. Mr. K. C. Saksena learned counsel for the appellant urged the following arguments in support of this appeal. First he contended that the notice under Section 106 of the Transfer of Property Act terminating the tenancy was invalid as it asked the tenants to vacate 'within 30 days' instead of giving what...
Thakur Das Hukum Chand Vs. Commissioner, Sales Tax
Court: Allahabad
Decided on: May-07-1963
Reported in: [1963]14STC646(All)
M.C. Desai, C.J.1. The Judge (Revisions) has submitted to this Court, at the instance of an assessee, a statement of the case raising the following questions:-(1) Whether there was any evidence on which the Judge (Revisions) could hold that the assessee was carrying on business in his own right as a dealer and not as a commission agent ?(2) Whether the fact (effect) of the applicant having obtained a licence under Section 6 on the 26th November, 1949, was to exempt him from liability to sales tax for the entire assessment year 1949-50 ?(3) Whether on the facts of the case and having regard to the provisions of Section 21 as it stood on the date of assessment, the applicant was liable to pay a licence fee only or sales tax on his turnover as assessee ?2. The assessee is a commission agent-kachcha arhatia-and arranges sale or purchase of foodgrains, oil seeds etc. It arranges sale on behalf of sellers (and purchase on behalf of purchasers) ; itself does not do any act of selling. For its...
Joti Prasad Vs. Shotamber Nath and ors.
Court: Allahabad
Decided on: May-03-1963
Reported in: AIR1964All193
Mithan Lal, J.1. This appeal filed by the plaintiff is directed against the judgment and decree of Sri M. C. Agarwal, Judge Small Causes Court and Additional Civil Judge, (sic) dismissing the plaintiff's suit for the main reliefs and confirming the judgment of the trial Court. The cross-objection has been filed by the defendant because both the courts below have ordered the removal of the cisterns constructed by the defendants on the joint land and also against the injunction granted by the lower appellate Court.2. Briefly stated the facts are that the parties are owners of houses in the same locality in the city of Moradabad. In front of We plaintiff's house there is first his verandah then a chabutra and then another chabutra. To the west of the last Chabutra the defendants have their house. The defendants have a projecting balcony towards the case of their house and according to the plaintiff's own case a portion of this balcony has been in existence for a long time and the land und...
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