Allahabad Court April 1964 Judgments
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Har Sarup Lal Vs. Chiddalal
Court: Allahabad
Decided on: Apr-30-1964
Reported in: AIR1965All291
K.B. Asthana, J.1. This is a defendants appeal. The defendant was a tenant of the plaintiff in a house on a rent of Rs. 16/- per month. The tenancy of the defendant began from the 15th of each month and ended on the 14th day of the succeeding month. The defendant had paid Rs. 90/- in all to the plaintiff and rest of the rent for the period starting from 13-11-1956 to 14-4-1958 remained in arrears. The plaintiff thereupon served a notice of demand 7-4-1958 calling upon the defendant to pay the arrears due within one month of the receipt of the notice ana also intimated that the plaintiff did not want to keep the defendant as tenant ana called upon him to vacate the premises after the expiry of 30 days from the receipt of the notice. The defendant neither paid the rent within the period stipulated nor vacated the premises. The plaintiff then filed the suit for ejectment and recovery of arrears and mesne profits. it is not necessary for the purpose of deciding this appeal to state ail the...
Moman Ram Ram Kumar Vs. Commissioner of Income-tax, U. P.
Court: Allahabad
Decided on: Apr-30-1964
Reported in: [1966]59ITR135(All)
M. C. DESAI C.J. - This reference arises out of proceedings for the recovery of penalty under section 28(1)(c) of the Income-tax Act and the question that we are called upon to answer is :'Whether, on the facts and in the circumstances of the case, the imposition of the penalty under section 28(1)(c) on the Hindu undivided family was legally justified ?'A Hindu undivided family consisting of Ram Kumar and others was assessed to income-tax after an amount of Rs. 28,000 and odd recorded in its accounts as a deposit made by Sita Ram had been treated as income of the assessee. Sita Ram was Ram Kumars sons wifes brother and had no means. The business that he carried on was a petty business and he could not have possessed the huge amount of Rs. 28,000 which could be deposited by him with the Hindu undivided family. He maintained no accounts and did not even pay income-tax. There was no person bearing the name of Sita Ram carrying on the business which he said he was carrying on in the locali...
Smt. Gyanwati Naithani and anr. Vs. Udai Raj Ayodhya Prasad and anr.
Court: Allahabad
Decided on: Apr-29-1964
Reported in: AIR1964All417
G.D. Sahgal, J.1. The appellants are the tenants of respondent No. 1 of a certain accommodation in Bahraich. The roof of one of the rooms in that accommodation has given way. It was a tiled roof. The appellants want to replace it by a roof made of cement slabs. Objection had been taken against it by Tespondent No. 1. He filed a suit for an injunction restraining the appellants from making the construetions. The plea of the appellant was that they were only making repairs allowed to them under Section 108, T. P. Act. This plea of the appellants found favour with the learned Munsif but it did not find favour with the learned Civil fudge of Bahraich in appeal. The suit was accordingly decreed for a permanent injunction restraining the appellants from demolishing the old roof and replacing it by a new Pakka slab roof. In this second appeal the only point that has been urged at the time o admission is that it was not a case o reconstruction but was a case of repairs which the appellants had...
Property Agents Vs. Shamsher Bahadur and ors.
Court: Allahabad
Decided on: Apr-28-1964
Reported in: AIR1966All424
1. This is a special appeal against the judgment of a learned single Judge allowing a writ petition filed by Shamsher Bahadur, respondent No. 1, and quashing the order of the State Government passed under Section 7-A of the U. P. Control of Rent and Eviction Act, 1947 (hereinafter referred to as the Act) and granting certain consequential reliefs,2. Firm Ganesh Das Ram Gopal, respondent No. 3, is the proprietor of a building known as Halwasiya Court situate at Hazratganj Lucknow. The ground floor of this building consisted of a big hall and two small shops. The big hall was in the occupation or respondent No. 3 but the two shops had been rented out. After the tenants of the two shops vacated them the respondent No. 3 demolished the partition walls and included the shops also in the hall. The original building had admittedly been constructed long before the Act came into force. It appears that the respondent No. 3, after the modification of the accommodation, did not desire to occupy it...
Karan Singh Vs. the State
Court: Allahabad
Decided on: Apr-28-1964
Reported in: 1966CriLJ318
B. Dayal, J.1. This is an appeal by Karan Singh. He has been sentenced to death under Section 302, I. P.C. He has also been convicted under Sub-section 366, 376 and 394, I. P.C. and on each of these counts has been sentenced to five years' R. I.2. The case for the prosecution is that on the 4th of January, 1963 in the afternoon at about 4-30 or 5 P. M. the appellant enticed away Km. Indra a minor girl of five years of age, daughter of Dalua (P. W. 1) from the sugarcane crushing machine or kolhu in village Sabdalpur, police station Siana, in the district of Bulandshahr. Dalua, father of the girl Indra, had taken a contract of feeding fuel in the bhatti on which the sugarcane juice was being heated. He was doing this work with the help of his elder daughter Smt. Barfi (P. W. 6) aged about 18 years. On the date of the incident in the evening Dalua went home to do some work there and left Smt. Bar in charge of the bhatti along with Reoti's son aged about 8 years and the girl Km. Indra aged...
Sahu Rajeshwar Nath Vs. Income-tax Officer C-ward, Meerut, and Another ...
Court: Allahabad
Decided on: Apr-28-1964
Reported in: [1964]54ITR755(All)
PATHAK J. - This special appeal arises out of a petition under article 226 of the Constitution.The appellant, Sahu Rajeshwar Nath, was a partner in a firm carrying on business under the name and style of Regal Dehydrating Company, Meerut. In the petition he alleged that he had sold his share to one Ram Chander on January 15, 1945. It appears that the firm was assessed to income-tax for the assessment year 1945-46 on December 9, 1952. Subsequently, the appellant was required by the Naib Tahsildar (Collection) to pay up the amount of income-tax, and the appellant says that it was then for the first time that he came to know that the firm had been assessed.It is said that no notice was given to him of the assessment proceedings against the firm or of the assessment order made consequent to those against the firm or of the assessment order made consequent to those proceedings. The appellant challenges the demand of income-tax made upon him on the ground that he was not a partner when the a...
Lalta Ram and ors. Vs. Dalip Singh
Court: Allahabad
Decided on: Apr-27-1964
Reported in: AIR1965All294; 1965CriLJ39
Capoor, J.1. This reference has been made by the learned Sessions Judge of Kumaon recommending that the order of the learned Sub-Divisional Magistrate, Dharchule, dated 30th of December, 1961, made in proceeding under Section 145 Cr. P. C. be set aside and the case be remanded for fresh enquiry on the basis of the affidavits which the parties should be called upon to file.2. The case came up before our brother Mathur, J. and he was Inclined to the view that as no failure of Justice had been occasioned because of not requiring the parties to file affidavits the irregularity was curable under Section 537 Cr. P. C. the effect of which section was not considered in the case of Bhagwat Singh v. State : AIR1959All763 , a decision on which the learned Sessions Judge had relied in making the recommendation under consideration. He accordingly directed the papers to be laid before the Hon'ble the Chief Justice for constituting a larger Bench for the disposal of the reference.3. Dalip Singh, oppo...
Hindustan Commercial Bank Ltd. Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Apr-27-1964
Reported in: AIR1965All474
Jagdish Sahai, J.1. Mohammad Ismail husband of respondent No. 2 Smt. Marium and the respondent No. 3 Mehar Afroz Begum and the father of respondent No. 4 Salwa used to carry on business of a contractor. He had several contracts with Government Departments and in order to finance the same entered into an agreement with the Bank by executing power of attorney (Ex. 1). The relevant portions of that power of attorney read :'Whereas I am working as contractor to the Government in its various departments and have entered into certain contracts and will in future enter into other contracts and whereas arrangement has been made between me and the Hindustan Commercial Bank Ltd., in pursuance of which the attorneys have agreed to finance contracts and to advance me sums of money against supply bills for payments to be received by me under the contracts issued by the Government in various departments on the condition inter alia that the attorneys shall have first charge over the cheque in payment...
J.K. Cotton Spinning and Weaving Mills Company Ltd. Vs. Sales Tax Offi ...
Court: Allahabad
Decided on: Apr-27-1964
Reported in: [1964]15STC711(All)
Jagdish Sahai, J.1. The petitioner, Messrs J.K. Cotton Spinning and Weaving Mills Company Limited (hereinafter referred to as the petitioner) is a public limited liability company having its registered office at Kamla Tower, Kanpur, and carries on the business of manufacture and sale of cotton textiles, tiles etc. On 21st June, 1957, the petitioner made an application to the first respondent, the Sales Tax Officer, Sector II, Kanpur, for registration under Section 7(1)/7(2) of the Central Sales Tax Act, 1956. The petitioner specified the following goods or classes of goods which it ordinarily purchased in the course of inter-State trade-Cotton staple fibre, yarn, wastes, coal, petrol, machinery, elec-tricals, spares, hardwares, dyes and colours, chemicals, auxiliaries, oils, lubricants, tallows, starches, woollen clothings, gums, clays, salt, beltings, bobbins, shuttles, wooden accessories and other mill stores for manufacturing cloth, yarn, tiles and paints etc.2. The first respondent...
Shesh Mani Nath Tripathi Vs. Deputy Inspector General of Police and or ...
Court: Allahabad
Decided on: Apr-22-1964
Reported in: AIR1964All540; 1964CriLJ625; [1964(9)FLR347]
Dwivedi, J.1. Petitioner, a graduate was selected as a sub-inspector (Civil Police) cadet for training in, and joined, the Police Training College, Moradabad, in April 1962, Principal of the College, who is a Deputy Inspector-General, expelled him from the college on December 15, 1962, for misconduct. As long as that order is there, he cannot complete the training; and until he completes the training, he is ineligible for appointment as a sub-inspector. So he has filed this petition to remove the order from his way.2. The petition was initially heard by a single Judge. He has referred it to a larger Bench, Hence the petition has come before us. It appears to us from the referring order that the whole case has been referred to us for decision.3. There was a scuffle between the petitioner and two other cadets. S.N. Misra and O.P. Sharma, in the barrack on December 13, 1962. The petitioner is expelled on account of disorderly conduct in the scuffle. His grievance is that he has been expel...
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