Allahabad Court November 1964 Judgments
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The Chief Inspector of Stamps Vs. Ramesh Chandra Ghatak and ors.
Court: Allahabad
Decided on: Nov-13-1964
Reported in: AIR1966All189
ORDERD.S. Mathur, J.1. This is a revision under Section 6-B(1) of the Court Fees Act by the Chief Inspector of Stamps, U. P., Allahabad, against the order, dated 29-74961 of the Civil Judge of Allahabad, holding that the court-fee paid is sufficient.2. The present suit was instituted by Ramesh Chandra Ghatak for the following reliefs against Manik Lal Ghatak and others:--'(a) to pass a decree calling upon the defendants to render a full and complete account of all the properties dedicated by late Moti Lal Ghatak by his will, dated 16-12-1901 and the income from the dedicated properties and also of the sale proceeds of the properties sold including a full and complete account of all the properties and funds belonging to the aforesaid deity which have come from the defendant No. 1 to the defendants Nos. 2 and 3 and to pass a decree against the defendants Nos. 1, 2 and 3 or such of them as may be found liable for such amount as they or such of them may be found liable after account. Court...
Lakshmi Kant Jhunjhunwala, Partner in Firm Kamlapat Moti Lal Vs. State ...
Court: Allahabad
Decided on: Nov-13-1964
Reported in: AIR1965All420
Desai, C.J.1. This and the connected petition have been laid before a Full Bench because the questions that are raised in them are of far-reaching consequences and a Division Bench decision of this Court in Fakirey Lal Ram Bharosey Lal v. State, Writ Petn. No. 2311 of 1981, D/- 2-11-1962 (All) may have to be reconsidered.2. In 1956 the legislature of Uttar Pradesh enacted the U. P. Sugarcane Cess Act No. XXII of 1956. Section 3 of it provided that the State Government could impose a cess not exceeding a certain rate on She entry of sugarcane into the premises of a factory for use, consumption or sale therein. It was payable by the owner of the factory on prescribed dates. If an arrest of cess was not paid on the prescribed date it was to carry interest at 6% per annum from that date to the date of payment When a person was in default in making payment of the cess the authority empowered to collect the cess could direct that in addition to the amount of the arrear and interest a sum not...
Basdeo Vs. State
Court: Allahabad
Decided on: Nov-12-1964
Reported in: 1967CriLJ1104
ORDERH.C.P. Tripathi, J.1. This revision is directed against an order of the learned Sessions Judge of Allahabad, upholding on appeal the applicant's conviction under Clause (3) read with Clause (9) of the U. P. Cement Control Order. 1955, and sentencing him to pay a fine of Rs. 2000/-.2. The applicant was tried before a Magistrate, First Class for having sold one bag of cement at a price higher than the controlled price to one Bam Naresh and for having been found in possession of 160 bags of cement which he was alleged to have imported in the district of Allahabad from outside in contravention of Clause (3) of the Uttar Pradesh Cement Control Order, 1955.3. On an assessment of the evidence the learned Magistrate held both these allegations established against the applicant and convicted him 'under Section 7 of the Essential Commodities Act, 1955, read with Clauses (3) and (9) of the U. P. Cement Control Order, 1935' and sentenced him to under-go six months' rigorous imprisonment. On a...
Kedar Nath Khetan and ors. Vs. Lakshmi Devi Sugar Mills (P) Ltd. and o ...
Court: Allahabad
Decided on: Nov-10-1964
Reported in: AIR1966All119
Mathur, J.1. This is an appeal by Rai Bahadur Kedar Nath Khetan, Gauri Prasad Khetan and Durga Prasad Khetan against the order of the Single Judge, dismissing their application under Section 398 of the Companies Act, 1956, on the ground that it was in view of the provisions of Section 399 of the Companies Act not maintainable. The learned Single Judge was of opinion that the appellants did not hold one-tenth of the issued share capital of the company and had also not paid sums due on their shares. In view of our decision in Special Appeals Nos. 308 to 111 of 1963, decided on 24-5-1963, (Since reported as Maheswari Khetan Sugar Mills (P) Ltd. v. Ishwari Khetan Sugar Mills : AIR1965All135 , it shall have to be held that the appellants did hold not less than one-tenth of the issued share capital of the company.2. The point for consideration, therefore, is if the appellants have not paid all the sums clue on their shares; and if so, their application under Section 398 of the Companies Act ...
Jagdish Lal Vs. Smt. Shyama Madan and ors.
Court: Allahabad
Decided on: Nov-10-1964
Reported in: AIR1966All150
Gangeshwar Prasad, J.1. This appeal arises out of a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. 2. Jagdish Lal petitioner was married to Smt. Shyam Madan respondent No. 1 (hereinafter referred to us the respondent) at Varanasi on 13th February 1961 according to Hindu rites. After the marriage, the couple lived together at Meerut it at the house of the petitioner for about a month and thereafter the respondent went to her father's place at Varanasi. The petitioner went to Varanasi in June 1961 and wanted to take the respondent back to his house at Meerut but the respondent refused to go and she has been living at her father's place at Varanasi. The petitioner is about 25 years of age and the respondent too is an adult. Those facts are admitted. 3. it was alleged in the petition that the respondent had withdrawn from the society of the petitioner without any reasonable excuse and that the other respondents who are her parents and brothers were s...
Abdul Halim Vs. State Through Abdul Haq and ors.
Court: Allahabad
Decided on: Nov-10-1964
Reported in: AIR1966All222; 1966CriLJ498
ORDERSatish Chandra, J.1. Aggrieved by an order of acquittal the complainant has come to this Court in revision.1-a. At about 10. 30 P. M. on 22nd March, 1962 Sri G.K. Saxena, the station officer, Kotwali, Allahabad, received a message on the telephone that in mohalla Dandipur in the city of Allahabad, two parties were seriously fighting and exchanging brickbats etc. Sri G.K. Saxena thereupon collected a police force and rushed to the spot. He made an entry in the general diary to this effect, a copy whereof is Ex. C-1. On return Sri Saxena made another report in the general diary, a copy whereof is Ex. C 2. In this report he stated that he found the parties rioting and that he arrested some persons of either party, under Section 151 of the Code of Criminal Procedure and that after investigation a proper report under Section 107/117 Cr. P. C. shall be filed against both parties. In this report Sri Saxena also stated the facts which he had come to know as to the cause of this occurrence...
Ratna Sugar Mills Co. Ltd. Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Nov-09-1964
Reported in: AIR1966All34
ORDERS.C. Manchanda, J. 1. These are four writ petitions under Article 226 of the Constitution of India, directed against the consolidated order of the Board of Revenue, dated the 18th of December, 1963 and the prayer is for the quashing of the latter order. As these writ petitions raise a common question, they are disposed of by a single order for the sake of convenience. 2. The facts leading up to these petitions are these. M/s. Ratna Sugar Mills Company, the petitioner, acquired 44.94 acres of land in village Takha West, Tahsil Shahganj, district Jaunpur. Out of the aforesaid area 31.34 acres were purchased in 1933, 8.52 acres in 1936 and 5.8 acres in 1953 under the Land Acquisition Act and on this land the petitioner's Sugar Factory stands. In the year 1951 the petitioner acquired the land measuring 277.08 acres situate in village Argupur Kalan also in Tahsil Shahganj, district Jaunpur. According to the petitioner, the land acquired which is the subject-matter of the dispute in thi...
Phulloo and ors. Vs. State
Court: Allahabad
Decided on: Nov-09-1964
Reported in: AIR1966All181; 1966CriLJ385
ORDERH.C.P. Tripathi, J.1. A case under Section 457 I. P. C. was pending against the applicants in the Court of Sri Bhikha Lal Judicial Magistrate Deoband at Saharanpur. The case was started by the police on a report which was lodged with it by one Sarjeet on the allegation that in the night of 31st July and 1st of August 1962 a theft was committed in his house by breaking open the roof of a room. On 28-12-1962 charges were framed against the applicants under Section 457 I. P. C. and 11-1-1963 was fixed for prosecution evidence. On that date the witnesses did not turn up and the case was adjourned to 21-1-1963 on which date the witnesses for the prosecution were present in Court but the Assistant Public Prosecutor was not available to examine them. On that date the learned Magistrate passed an order in which he inter alia stated as follows:''Even today the A. P. P. is not vigilant and no witness out of the present ones is being examined before the Court. The prosecution is slack to thi...
National Building Material Supply Vs. Jai Jai Ram Manohar Lal
Court: Allahabad
Decided on: Nov-09-1964
Reported in: AIR1965All586
Gyanendra Kumar, J. 1. This is an appeal by the defendants arising out of a suit in the following circumstances. The suit was originally brought on 11-3-50 by 'Jai Jai Ram Manohar Lal, Ram Nagar, District Naini Tal' plaintiffs to recover a sum of Rs. 10,139/12/-from the defendants purporting to be the balance of sale price of timber purchased by the defendants from the plaintiffs on 10-3-47 and delivered to the defendants on 10-6-47.2. One of the objections taken by the defendants in their written statement was that the plaintiff firm was not registered under the Indian Partnership Act, and as such, the suit was not maintainable; and that, at any rate, the suit was barred under the provisions of Order XXX, Civil P. C.3. After the lodging of the written statement, an amendment application was moved on behalf of the plaintiffs on 18-7-52 saying that the plaintiffs were joint family business, in which 'Jai Jai Ram is the father and Manohar Lal is the son. The business name of the plaintif...
A.J. Joshwa Vs. State Through Sardar Punjab Singh
Court: Allahabad
Decided on: Nov-09-1964
Reported in: 1965CriLJ824
ORDERH.C.P. Tripathi, J.1. Applicant A. J. Joshwa made certain allegations in writing to the Superintendent of Police, Saharanpur, that the opposite party Sardar Punjab Singh had put his hut on fire and thereby had committed an offence under Section 438, I P. C. His application was forwarded to the Station Officer, Sadar Bazar, Saharanpur, for investigation who submitted a final report as the allegations made by him were not found to be true,2. The opposite party Sardar Punjab Singh thereafter filed a complaint before a Magistrate under Section 211, I. P. C., against the applicant. The applicant raised an objection that the complaint was barred by the provisions of Section 195, Criminal P. C., but it was overruled by the Magistrate. He then filed a revision before the learned Additional District Magistrate who has recommended to this Court for setting aside the order of the Magistrate and for quashing the proceedings.3. I have heard Mr. M. A. Ansari, learned Counsel for the applicant i...
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