Allahabad Court February 1964 Judgments
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Kusum Lata Vs. Kampta Prasad
Court: Allahabad
Decided on: Feb-12-1964
Reported in: AIR1965All280
M.H. Beg, J.1. This is a second appeal by a wife who had filed a petition under Section 10 of the Hindu Marriage Act thereinafter referred to as the Act) for judicial separation against her husband the respondent Kamta Prasad. The husband too had filed a petition under Section 9 of the Act against the appellant for the restitution of his conjugal rights to him before the appellant's petition for judicial separation. Both the proceedings were consolidated and the evidence led by both the parties was common and the two cases were disposed of by a common Judgment. The trial court dismissed both the petitions. In each of the two proceedings, there was a separate issue on the question whether the respondent had treated the appellant with such a cruelty as to cause a reasonable apprehension in the mind of the appellant that it will be harmful or injurious for her to live with the respondent. The two separately framed issues on the same question were considered and decided as one common issue...
Raja Yuvraj Dutta Singh Vs. Income-tax Officer, A-ward, Sitapur and An ...
Court: Allahabad
Decided on: Feb-12-1964
Reported in: [1966]59ITR141(All)
R. S. PATHAK J. - This is a special appeal directed against an order of our brother Manchanda dismissing a petition for certiorari.The appellant enjoys income from various sources, including income from interest on securities, property, sayar and sale of jungle trees of spontaneous growth as well as from a share in a partnership firm. The appellant was assessed to income-tax for the assessment years 1949-50 and 1950-51, the relevant years of account being the years commencing October 1, 1947, and ending September 30, 1948, and beginning October 1, 1948, and ending September 30, 1949, respectively. On March 17, 1954, the Income-tax Officer, A-Ward, Sitapur, issued a notice under section 34 of the Indian Income-tax Act, 1922, to the appellant in respect of each of the assessment years 1949-50 and 1950-51. The appellant filed his return in response to the notice for the assessment year 1950-51 disclosing the same income as had been returned originally by him. The Income-tax Officer, on Ma...
Daya Ram Vs. State
Court: Allahabad
Decided on: Feb-07-1964
Reported in: AIR1967All81; 1967CriLJ151
ORDERD.S. Mathur, J.1. Daya Ram has moved this revision application to challenge the order of the Additional Sessions Judge of Meerut dismissing his appeal and thereby maintaining his conviction under Section 379 I. P. C. and also the magistrate's order releasing him (applicant) on probation on his guardian executing a bond of Rs. 500 for a period of 2 years on terms and conditions given in Form C of the Probation Rules. At the same time the applicant was to remain under the supervision of the Probation Officer.2. The revision application was unstamped and the question that arises for consideration is whether a revision application challenging an order of the above nature required court fee stamp, or in view of Clause (xvii) of Section 19 of the Court Fees Act no court fee was chargeable.3. Notice of the application was given to the Standing Counsel but under instructions of the State the Deputy Government Advocate put in appearance to oppose the contention of the applicant that the ap...
Jai NaraIn Kalloo Ram Vs. Union of India (Uoi) Service Through the Gen ...
Court: Allahabad
Decided on: Feb-06-1964
Reported in: AIR1965All122
S.N. Katju, J.1. This is a plaintiff's appealarising out of a suit for recovery of Rs. 950/- on account of nondelivery of one bale out of a consignment of two bales of cloth which had been booked on 27-8-1952 at Ahmedabad on the Western Railway for delivery to the plaintiff at Farrukhabad on the North Eastern Railway. Only one bale was delivered to the plaintiff and hence it claimed damages for the loss of the other bale. 2. The suit was contested inter alia on the ground that the plaintiff was not entitled to sue. 3. The trial Court dismissed the suit, and its decision was affirmed on appeal by the lower appellate Court. 4. The only question for consideration is whether the plaintiff was tattled to any relict as against the defendant-respondent. 5. The suit was instituted against 'the Union of India, New Delhi, (SIC) through General Manager, North Eastern Railway, Gorakhpur.' It was fully established that notices under Section 77 of the Indian Railways Act and Section 80 of the C. P C...
Tej Singh Vs. State
Court: Allahabad
Decided on: Feb-04-1964
Reported in: AIR1965All508; 1965CriLJ455
S.D. Khare, J.1. This appeal has come before us on a reference made by a learned single Judge because he was of the opinion that there was someconflict in the earlier decisions of this Court, all of which were by single Judges.2. The facts of this appeal, briefly stated, are that Tej Singh (appellant) and seven others were sent up to stand their trial under Sections 366, 368, 378, 147 and 323/149, Penal Code, on a police report, which in its turn was based on a report made by Chandra-sen, husband of Sm. Bhagwati. The husband had mentioned in his report that on 25th August, 1961, while he and his wife were returning from village Manpur after plucking chillies from their fields, Tej Singh appellant accompanied by other accused persons (since acquitted) sprang out of a full-grown chad field, caught hold of Sm. Bhagwati and took her away with them. On the morning of 28th August, 1961, i.e., two days after the report had been made to the police by the husband of Smt. Bhagwati, the latter wa...
Babu Ram, Ashok Kumar and anr. Vs. Antarim Zila Parishad
Court: Allahabad
Decided on: Feb-03-1964
Reported in: AIR1964All534
Desai, C.J.1. I agree with brother Dwivedi that Mr. Justice Jagdish Sahai rightly exercised the discretion of nor granting relief to the appellant in exercise of his extraordinary jurisdiction on the ground that an alternative adequate remedy was open to it and it had failed to avail itself of it.2. Rule 6 of Ch. XXII of Rules of Court prima facie appears to be ultra vires the Court, but the matter was not discussed at the Bar and I do not give any definite opinion.3. I do not agree with the contention of Sri Gopal Behari that Jagdish Sahai, J. ought not to have dismissed the petition summarily when it raised some questions of importance. Even when a statute expressly grants a power to dismiss an application summarily it does not take it away when the application raises important questions it law Even an important question can be decided correctly and if the High Court finds that important questions that arose before an inferior Tribunal were decided by it correctly it is not compelled...
Ram NaraIn and ors. Vs. Director of Consolidation and ors.
Court: Allahabad
Decided on: Feb-02-1964
Reported in: AIR1965All172
Dwivedi, J.1. The petitioners question the order of the Deputy Director (Consolidation) Camp Jaunpur, dated March 27, 1363 and the order of the Deputy Director (Consolidation), Jaunpur, dated August 6, 1963. The first order was passed in. second appeal, while the second in revision under Section 48 of the Consolidation of Holdings Act as amended in March 1963.2. The petitioners lost in second appeal and then filed a revision which, as already stated, was dismissed by the Deputy Director (Consolidation), Jaunpur. They impleaded by oversight the Director (Consolidation), Varanasi instead of the Deputy Director (Consolidation) Jaunpur, The mistake was detected today, and they have made an application for substituting the Deputy Director (Consolidation), Jaunpur in place of the Director of Consolidation. By a separate order I have allowed that application. The technical flaw is now removed.3. The Dy. Director (Consolidation) Jaunpur dismissed the revision summarily because he thought that ...
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