Allahabad Court September 1964 Judgments
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Ranjeet Singh Vs. the State
Court: Allahabad
Decided on: Sep-30-1964
Reported in: AIR1965All478; 1965CriLJ449a
M. Chandra, J.1. This case has come up before us on a reference made by a learned single Judge (Mathur, J.) in connection with the conviction of Anrudh for assault on a driver in the roadways bus and the sentence of 12 months Rule 1. under Section 332, I. P. C. by the Judicial Officer Deoria. In appeal also the conviction and sentence were upheld. The case came up in revision before the learned Single Judge of this Court. A decision of Broome, J. of this Court in Cr. Revn. No. 1463 of 1960 (All), Ram Prakash v. State, was cited before him. In that case, Broome, J. relying upon the case of G. A. Monterio v. State of Ajmer, (S) AIR 1957 S C 13, held that the driver of a roadways bus within the meaning of Section 21 I. P. C. (Sic) was a public servant. On behalf of the accused the case of atya Narain Singh v. District Engineer P. W. D. Baliia and another, AIR 1962 S C 1161, was cited in which it was held that roadways vehicles crossing over ferries cannot be regarded as crossing on public...
Bansal and Co. Vs. Income-tax Officer, D-ward, Agra, and Another.
Court: Allahabad
Decided on: Sep-30-1964
Reported in: [1966]62ITR402(All)
This is a writ petition under article 226 of the Constitution by Messrs. Bansal & Co., a registered firm carrying on business of timber at Agra, and is directed against the proceedings taken under the provisions of section 226 read with sections 222 to 224 of the Income-tax Act of 1961 (hereinafter referred to as the Act). The relief claimed is for a declaration that the proceedings for recovery of tax are illegal and for the quashing of the certificate of recovery and the warrant of attachment.The facts leading up to the petition are somewhat disputed but the facts which can be said to be admitted are these :A firm, Shankar Lal Ram Prakash, Bullion Merchants, Agra, hereinafter referred to as the assessee, owed a sum of Rs. 8,439,79 on account of the demand of income-tax. The assessee claimed that their father, Sri Shankar Lal, was the karta of the Hindu undivided family, which was carrying on sarafa business at Agra under the name and style of Messrs. Jwala Prasad Shankar Lal; that th...
Ram Swaroop Himmat Singh Vs. State and anr.
Court: Allahabad
Decided on: Sep-25-1964
Reported in: 1966CriLJ833
ORDERH.C.P. Tripathi, J.1. One Bhagwati Narayan, Commerical Manager, Rampur Distillery and Chemical Co. Ltd., Rampur, filed two complaints under Section 409, I.P.C. against the applicant on the assertion that the applicant was appointed as an agent of the said company in 1057 for sale of rectified and denatured spirit supplied by the Company in the whole of Uttar Pradesh and West Bengal on the condition that he would be paid commission for the same on realization of the price from the customers, An allegation was made in the complaints that goods of the value of about Rs. two lacs were sold through the accused, that he realised price of the same from the customers, that he handed over cheques to the tune of Rs. 44,024.59 nP. to the complainant on account of the price of the goods sold through him, that the aforesaid cheques were not honoured and that the applicant had misappropriated that amount. The learned Magistrate before whom the complaints were filed took cognizance of the case a...
Girja Debi and anr. Vs. the Rent Control and Eviction Officer and ors.
Court: Allahabad
Decided on: Sep-22-1964
Reported in: AIR1965All366
Desai, C.J.1. Appellant No. 1 is the landlord of an accommodation and appellant No. 2, is only her representative and has no interest in the accommodation or in the building of which the accommodation is a part. The accommodation is a portion of a building and another portion of it is in the occupation of appellant No. 2. The accommodation fell vacant and appellant No. 1 applied to the District Magistrate that an order be passed permitting her to occupy it herself. The District Magistrate ordered her to let it to another person, respondent No. 3. She went up in revision against the order but the commissioner refused to interfere. Then she and the other appellant filed the petition for certiorari for the quashing of the order of the District Magistrate on the ground that it was passed in infringement of the provisions of Rules 6 and 7 of the U. P. (Temporary) Control of Rent and Eviction Rules.Rule 6 is to the effect that 'When the District Magistrate is satisfied that an accommodation ...
Benaras State Bank Ltd. Vs. Commissioner of Income-tax, U.P.
Court: Allahabad
Decided on: Sep-21-1964
Reported in: [1965]57ITR95(All)
JAGDISH SAHAI J. - This is a reference made under section 66(1) of the Income-tax Act, 1922 (hereinafter referred to as the 'Act'), at the instance of the assessee, the Benaras State Bank Ltd. The question referred to us are as follows :'1. Whether the interest on securities issued by the erstwhile Indian States of Travancore and Cochin is assessable under section 8 of the Act or under section 12 of the Act 2. Whether the dividend of Rs. 23,000 in respect of shares held by the assessee in the Vibhuti Glass Works Ltd. is liable to inclusion in the total income of the company for the assessment year 1951-52, either in view of the provisions of section 16(2) of the Act or as income accruing or arising to the assessee within the meaning of section 4(i)(b) of the Act ?'The assessment giving rise to the reference relates to the year 1951-52, the accounting period being the calendar year 1950. The assessee, the Benaras State Bank Ltd. (hereinafter referred to as the 'bank'), carries on its bu...
Karan Singh and anr. Vs. State
Court: Allahabad
Decided on: Sep-15-1964
Reported in: 1966CriLJ823
M.H. Beg, J.1. The two appellants in this case, father and son, were fighting a man named Sri Ram in a lane in front of the house of Nathu Lal (P.W. 1), in village Tikuri in the district of Bareilly, on 30.1.1962, at about sunset. At that time, Nathu Lai was sitting on a chabutara on the southern side of the entrance to his house, and he was holding his infant daughter Shakuntala, aged about nine months, in his lap. On the northern chabutara by the side of the entrance to the house, Munshi Lal (not produced) and Pyarey Lal (P.W. 8) were sitting. Sri Ram, who was being beaten by the two appellants, was said to be drunk. Possibly the appellants were also inebriated. Nathu Lai objected to a fight at his door. Thereupon, Karan Singh appellant asked his son Dhanvir Singh to teach Nathu Lai a lesson for sympathizing with Shri Ram. Then, Dhanvir Singh attacked Nathu Lal with his lathi, Karan Singh joined him in the attack. As a result of the attack, Nathu Lal sustained three injuries, one of ...
Govind Ram Vs. Income-tax Officer, C-ward, Allahabad.
Court: Allahabad
Decided on: Sep-15-1964
Reported in: [1966]61ITR120(All)
One writ petition has been filed in respect of the notices under sections 147 and 142 of the Income-tax Act, 1961, in respect of the assessment years 1957-58 and 1958-59. One petition in respect of two such notices for two separate assessment years does not lie and, therefore, Mr. R. K. Gulati, the learned counsel for the petitioners, elected to confine the petition only to the assessment year 1958-59.The relief sought is for the quashing of the orders, annexures 'F-1' and 'H-1', under sections 147(1) and 142 of the Act for the assessment year 1958-59.The facts leading up to this petition are these. The petitioner was one of the partners of the firm which carried on business of brick manufacturers in the name and style of Messrs. Krishna Brick Field, Sulem Sarai, Allahabad. The petitioner had an as. 0-7-0 share in the profits of the aforesaid firm in the relevant year of account. Two amounts of Rs. 6,380 and Rs. 5,936 were found credited in the books of the firm in the personal account...
Mathura Prasad Vs. Mohd. Umar Khan and anr.
Court: Allahabad
Decided on: Sep-11-1964
Reported in: AIR1965All402
Takru, J. 1. This appeal by the plaintiff is directed against the judgment and decree of the learned Civil Judge, Aligarh, dismissing his claim against defendant No. 1, while decreeing it against defendant No. 2.2. The suit giving rise to this appeal was filed by Sri Mathuni Prasad on the 31st of March 1951 against defendants Nos. 1 and 2 for the recovery of Rs. 18,100/- from them on the basis of a pronote executed by defendant No. 1 in favour of defendant No. 2. According to the plaintiff, defendant No. 2 endorsed that pronote in his favour for consideration and the plaintiff being thus the holder in due course of that pronote was entitled to recover the amount due on it from both the defendants.3. The suit was contested by defendant No, 1, while it proceeded ex parte against defendant No. 2. The contesting defendant admitted the execution of the pronote, but denied consideration. He also denied the endorsement in favour of the plaintiff and the-payment of any consideration by him to ...
Sharda Prasad Vishwakarma Vs. Stata of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Sep-11-1964
Reported in: (1968)ILLJ45All
B.D. Gupta, J.1. This is a petition under Article 226 or the Constitution by one Sharda Prasad Vishwakarma, who was a permanent employee in the workshop of Sahu Chemicals and Fertilizers, Sahupur, Varanasi, hereinafter described as the management. The relevant facts may be briefly stated as follows.2. On 12 February 1981, the petitioner was stopped at the gate of the factory at about 10 p.m. when he was leaving the factory premises after his day's work. He was taking his cycle outside the factory gate. That cycle had a carrier fitted on it. The case of the management was that this carrier had been manufactured out of material belonging to the factory. The very next day a charge-sheet was issued to the petitioner asking for his explanation which was submitted on 14 February 1981. The case of the petitioner was that he had not manufactured the carrier with any material belonging to the factory. On 17 February 1981, the petitioner was informed that he must appear at an enquiry which was t...
Devi Prasad and ors. Vs. State
Court: Allahabad
Decided on: Sep-10-1964
Reported in: AIR1967All64; 1967CriLJ134
M.H. Beg, J.1. These are three appeals by the twenty two convicted out of thirty accused persons many of whom were tried upon a number of charges all joined together as they were in respect of offences alleged to have been committed in the course of one vast conspiracy. The object of the conspiracy was said to have been to obtain cement and iron by means of forged permits in favour of fictitious and non-existent individuals and to use these controlled goods for the purposes of black marketing and also for adulteration of cement, by mixture with sand and earth, and its sale as good and genuine cement. Originally, there were thirty one accused persons, but one Nathmal (P. W. 275) was permitted to become an approver and given a conditional pardon so that he may reveal the inner workings of the conspiracy which wassaid to have been unearthed due to the information given and efforts made by Sri Pannalal Trivedi who came forward, as a public spirited citizen, with an application (Ex Ka-1) wh...
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