Allahabad Court March 1964 Judgments
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Raja Ram Pal and anr. Vs. Sardar Jaswant Singh and ors.
Court: Allahabad
Decided on: Mar-30-1964
Reported in: AIR1965All368; 1965CriLJ177
B. Dayal, J.1. This case has been referred to a Division Bench by a learned Single Judge of this Court for the decision of me question.'Whether the Provisions of Order 9 of the Civil Procedure Code are applicable to proceedings before a 'civil court of competent jurisdiction' deciding a reference under Section 146 Cr. P. C.' The question arose in this way. There was a proceeding under Section 143 Cr. P. C. before a criminal court. The criminal court was unable to decide as to which of the parties was in possession and made a reference under Section 146 (1) Cr. P. C. to the Civil court. After the Civil Court had decided the matter, two persons made an application to that court saying that they had not obtained information about the date when the civil court would proceed finally to decide the matter. They stated that the proceedings before the Civil Court had been stayed by an order of the learned Sessions Judge but they did not know when the civil court restarted the proceedings after ...
Moti Lal Gupta Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Mar-30-1964
Reported in: AIR1965All492; (1968)ILLJ427All
S.C. Manchanda, J.1. This is a plaintiff's second appeal against the order of the Civil Judge, Gorakhpur, dated the 17th August I960, confirming the decree of the trial Court and dismissing the plaintiff's suit for a declaration that the order dated 27-11-1951 passed by the Deputy Transport Commissioner, Roadways dismissing the plaintiff from service was illegal, void and inoperative.2. The plaintiff was admittedly a bus-conductor in the U. P. Roadways serving in, the Gorakhpur Division. He was on the relevant day conductor In-charge of the Bus No. 964 U. S. B. On the morning of 21st July, 1951, on the Tamkohi to Kasia road at about 8 A. M. the Assistant Regional Manager, Headquarters, Gorakhpur (hereinafter referred to as A. R. M.) accompanied by the Station Officer Incharge overtook the said bus and signalled to it to stop. On checking the bus it was found that there were 10 passengers who were travelling without tickets. Onreaching Deoria the petitioner was relieved of his duties as...
Mahabirji Birajman Mandir Vs. Prem NaraIn Shukla and ors.
Court: Allahabad
Decided on: Mar-28-1964
Reported in: AIR1965All494; 1965CriLJ452
D.S. Mathur, J.1. This is an appeal by Sidh Maha-birji Birajman Mandir through Pandit Mahabir Prasad Dixit and by Mahabir Prasad Dixit himself, defendants, against the order of the lower appellate Court allowing the appeal and remanding the suit for a fresh hearing after affording the plaintiff, Prem Narain Shukla, an opportunity to produce his evidence in the case which was permitted by the trial Court under order dated 10-3-1961. It was also ordered that the defendants would be entitled to give evidence in rebuttal. This order was made subject to another direction that the trial Court will look into the question of privilege if raised in a proper manner and by a competent authority.2. The plaintiff had instituted the present suit for demolition of the wall which the defendants had constructed by the side of the windows in the wes-tern wall of his house and thereby stopping the free flow of air and light through such windows, and also for a mandatory injunction to restrain the defenda...
Paras Nath Hira Lal Vs. Kishan Lal Chuni Lal and ors.
Court: Allahabad
Decided on: Mar-27-1964
Reported in: AIR1965All189
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 trial court decreed the suit for the reliefs claimed by the plaintiff, and in appeal by the defendants the lower appellate court merely modi-tied the trial court decree in respect of the arrears of rent.3. Both the courts below have found that the defendants had failed to pay the arrears of rent due for more than three months within one month of service upon them of a notice of demand. The defendants contended that they had paid an amount of Rs. 325/- to the plaintiff on different dates, and led evidence In support of tills assertion. It was urged that if this amount was taken into account, it would he found that they were not in default, The evidence in tills behalf included a copy of entries made in an account book maintained by the defendant. The original account book, however, was not produced in court and all that was filed was a copy of the entries. The courts be...
Seth Brothers, Partnership Firm Through Sri Vishwa Nath Vs. the Commis ...
Court: Allahabad
Decided on: Mar-27-1964
Reported in: AIR1965All487
Oak, J.1. These four connected writ petitions ate directed against a proceeding under Section 132 of the Income-tax Act, 1961 (hereafter referred to as the Act). The same questions of law have been raised in the four cases. Most of the facts are common. It will, therefore, be convenient to dispose of the four writ petitions by a common judgment.2. At Meerut there is a firm under the name and style 'Seth Brothers'.' The firm has been in existence for several years. Its constitution has been changed from time to time. The firm was reconstituted with effect from 2-4-1957. There are at present six partners in the firm. It has been assessed to income-tax. Assessment proceedings for the years 1960-61,1961-62 and 1962-63 are pending before the Income-tax Officer, D-Ward, Meerut. The Commissioner of Income-taxi U. P., Lucknow received reports to the effect that the firm has been evading payment of income-tax. He, therefore, decided to get premises of the firm searched for obtaining documents, ...
Seth Brothers Vs. Commissioner of Income-tax, U. P., and Others.
Court: Allahabad
Decided on: Mar-27-1964
Reported in: [1966]62ITR44(All)
V. G. OAK, J. - These four connected writ petitions are directed against a proceeding under section 132 of the Income-tax Act, 1961 (here-after referred to as the Act). The same questions of law have been raised in the four cases. Most of the facts are common. It will, therefore, be convenient to dispose of the four writ petitions by a common judgment.At Meerut there is a firm under the name and style 'Seth Brothers.' The firm has been in existence for several years. Its constitution has been changed from time to time. The firm was reconstituted with effect from April 2, 1957. There are at present six partners in the firm. It has been assessed to income-tax. Assessment proceedings for the years 1960-61, 1961-62 and 1962-63 are pending before the Income-tax Officer, D-Ward, Meerut. The Commissioner of Income-tax, U. P., Lucknow, received reports to the effect that the firm has been evading payment of income-tax. He, therefore, decided to get the premises of the firm searched for obtaini...
Noor UddIn Vs. State
Court: Allahabad
Decided on: Mar-26-1964
Reported in: AIR1965All40
B. Dayal, J.1. Nooruddin has appealed against his conviction under Section 302 I P C. and the sentence of death He has been convicted for having stabbed to death his grand-mother Smt Bachiran, his Father Badrauddin, his mother Smt Ashiya, his wife Smt Sabira, and his minor daughter Km. Noor Bano aged about 10 years on the 10th )f May, 1963 at about 3-15 p.m. in his own house in Nala Mantole. Mohalla Rakabganj Agra City.2. The prosecution ease is that there was a domestic quarrel between the accused Nooniddin and his father Badruddin that afternoon in the course of which Nooniddin accused stabbed his father Badruddin. When his mother and grandmother rushed to protect Badruddin, they were also stabbed. The accused then stabbed his daughter Km Noor Bano and in order to save the girl Smt. Sabira. wife of the accused intervened and she was also stabbed. While all this was going on in the house, the othe, members of the house rushed out and made a noise. Their relations and neighbours then c...
Swadeshi Cotton Mills Co. Ltd. Vs. Sales Tax Officer and anr.
Court: Allahabad
Decided on: Mar-25-1964
Reported in: AIR1965All86; [1964]15STC505(All)
Oak, J.1. I have read the judgment prepared by my learned brother Satish Chandra, J. I agree that the sale of food in the canteens maintained by the two mills is liable to tax under the U. P. Sales Tax Act, 1948 (hereafter referred to as the Act), but the fee charged by Aligarh Muslim University to cover expenditure on dining halls is not liable to sales tax.2. Section 3 is the charging provision. Under Section 3, every dealer has to pay a tax on his turnover. The term 'Dealer' has been defined in Clause (c) of Section 2:'Dealer' means any person or association of persons carrying on the business of buying or selling goods.....'Admittedly, the two mills are engaged in various operations in order to earn profit. The two companies carry on the business of buying and selling goods. There is no doubt that the two Companies are dealers as defined by the Act.3. The question has been raised whether the activity of the mills in so far as they sell food in canteens constitutes business. It is t...
Ganga Dhar Ram Chandra Vs. Collector, Central Excise and ors.
Court: Allahabad
Decided on: Mar-25-1964
Reported in: 1979(4)ELT597(All)
G.C. Mathur J.1. The petitioner is a firm which carries on the business of manufacturing and of selling vegetable non-essential oils at Agra. It owns a factory known as Ganga Dhar Ram Chandra Oil Mills where it manufactures vegetable non-essential oils and on such manufacture pays excise duty under the Central Excises and Salt Act, 1944. In addition to this, the petitioner takes oil seeds belonging to it to certain other oil mills, gets the oil manufactured thereon payment of the necessary manufacturing charges and takes the oil so manufactured and sells the same. These other oil mills are quite independent of the petitioners and of the petitioner oil mills. The vegetable oil manufactured by these other oil mills out, of oilseeds supplied by the petitioner was allowed to be removed by respondents without payment of any excise duty since the total quantity of oils produced by each one of these oil mills was within the exemption limit of 75 tons. Subsequently the respondent No. 3 appears...
R.K. Khandelwal and anr. Vs. State
Court: Allahabad
Decided on: Mar-24-1964
Reported in: 1965CriLJ439
D.S. Mathur, J. 1. This is an application in revision by R. K. Khandelwal and G. C. Khandelwal against the order of the Additional Sessions Judge of Kumaon, Nainital, setting aside the order of discharge and directing further inquiry.2. Messrs. P. Cool & Co. Ltd., Lucknow, had supplied Olive Oil to G. B, Pant Hospital, Nainital. The Inspector of Drugs, Bareilly Region, Bareilly took a sample of this Olive Oil on 27-2-1980. One of the samples was sent to the Government Analyst for analysis and report who found that the drug (Olive Oil) was sub-standard. On receipt of the report the Inspector of Drugs filed a complaint against the applicants alleging that they had committed an offence punishable under Section 27 read with Section 18 of the Drugs Act, 1940 (to be referred hereinafter as the Act). The complainant led evidence as to the supply of the Olive Oil by Messrs. P. Cool & Co. Ltd., Lucknow, the taking of the sample and also the report of the Government Analyst. No attempt was made ...
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