Allahabad Court September 1964 Judgments
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Behari Lal and anr. Vs. State
Court: Allahabad
Decided on: Sep-10-1964
Reported in: AIR1967All130; 1967CriLJ304
ORDERH.C.P. Tripathi, J.1. This reference has been made by the learned Civil and Sessions Judge, Tehri Garrhwal, recommending that the conviction of the applicants under Section 6 of the Untouchability (Offences) Act, 1955 be altered into a conviction under Section 7(1)(b) of the same Act.2. The facts of the case as have been found established by the Courts below are, in brief, as follows:On 29-5-1962 respondents were taking water from a public water tap. Sundari Devi came there after responding to call of nature and wanted to wash her hands. The respondents prevented her from taking water from the tap on the ground that she happened to be a daughter of a scheduled caste (Dome) and when she tried to take water then respondent Bihari Lal got angry as she had touched his utensils and exclaimed that she being the daughter belonging to a scheduled caste has profaned him by touching his utensils and successfully prevented her from taking the water. These facts were found established by the ...
Gopal NaraIn Misra Vs. Regional Appellate Committee and ors.
Court: Allahabad
Decided on: Sep-10-1964
Reported in: AIR1965All252
Nigam, J. 1. Gopal Narain Misra filed writ Petition No. 225 of 1962 under Article 220 of the Constitution praying for a writ of certiorari quashing the orders dated 28-3-1962, 27-7-60 and another order of the same date, copies being annexures 12, 2 and 9 respectively. He also prayed for a writ of mandamus directing the opposite parties to treat the petitioner as continuing in service in accordance with his grade and seniority. The petition came up for hearing before the learned Chief Justice and was dismissed with costs by judgment dated 21st May. Against that judgment, Gopal Narain Misra has filed this special appeal. 2. The assertions in the writ petition are that the petitioner was appointed on 2-8-1957 to teach Civics and History in the intermediate classes in M. D. Shukla Intermediate College, Lucknow, on the expiry of the period of probation of one year the petitioner asserts that he was automatically confirmed. He continued to perform his duties till he was removed from service ...
Ved Singh Pradhan Vs. Assistant Sub-divisional Officer and ors.
Court: Allahabad
Decided on: Sep-10-1964
Reported in: AIR1965All370
1. The appellant was a Pradhan of a Gaon Sabha. He was removed by an Assistant Sub-Divisional Other, exercising the State Government's powers under Section 95 (1) (g) (iii) of the U. P. Panchayat Raj Act. A charge was framed against mm to the effect that he had taken bribes from people of the village and had Illegally constructed a chabutra in front of his house and he was called upon to explain it. He offered his explanation which was found unsatisfactory by the Assistante Sub-Divisional Officer. He did not urge that an enquiry be marie in his presence, that witnesses called to prove the charge be allowed to be cross-examined and that he be allowed an opportunity to produce witnesses in defence. No enquiry was held by the Sub-Divisional Officer; he simply considered the explanation and on finding it unsatisfactory passed the order removing him. The appellant filed a petition for certiorari for the quashing of this order of removal. The petition has been dismissed by our brother Broome...
Laxmi NaraIn Vs. Banshi Lal and anr.
Court: Allahabad
Decided on: Sep-10-1964
Reported in: AIR1965All522
Gangeshwar Prasad, J. 1. This second appeal arises out of a suit for possession of two houses. Admittedly,These two houses along with another house, which is not in dispute, belonged to one Bachcha, and after his death, his widow Smt. Sheoraji entered into possession thereof. On 30th August, 1940 Smt. Sheoraji executed two deeds of gift, one in favour of Makundi defendant No.2 with respect to the two houses in suit and the other in favour of Laxmi Narain plaintiff with respect to the third house. Shortly after the execution of the deeds of gift Smt. Sheoraji died. On 1st September 1948 Makundi sold one of the houses conveyed to him under the deed of gift to Mohd. Yusuf who in his turn sold it to Banshi Lal defendant No. 1. The other house conveyed to Mukandi under the deed of gift was also sold by him to Banshi Lal on 3rd September 1948. The present suit was filed by Laxmi Narain plaintiff as the reversioner of Bachcha, for possession of the houses acquired by Banshi Lalunder the sales...
Jagat Narayan Vs. State
Court: Allahabad
Decided on: Sep-09-1964
Reported in: AIR1967All123; 1967CriLJ302
ORDERH.C.P. Tripathi, J.1. These two revisions Nos. 1335 and 1427 of 1963 are directed against an order dated 31-7-63 passed by the learned Sessions Judge, Etawah, in Criminal Appeal No. 246 of 1963 setting aside the conviction and sentence passed against the applicants by a Magistrate First Class and remanding back the case to the Magistrate for holding an enquiry against the applicants for committing them for trial before the Court of Session.2. The prosecution story in short is as follows :-A money order for Rs. 67.50 np. in favour of Bal Makund real elder brother of applicant Satish Chandra had arrived at Post Office Ajitmal. On 4-7-1962 Satish Chandra came to the Post Office, enquired about the money order and personating himself as Bal Makund demanded its payment. On the money order form he signed as Bal Makund. Applicant Jagat Narain also put his signature as a witness. On further enquiry, before the payment was made, Satish Chandra disclosed that he was not Bal Makund. Accordin...
Goverdhandas Radhey Lal Vs. Commissioner of Income-tax, U.P.
Court: Allahabad
Decided on: Sep-09-1964
Reported in: [1965]57ITR86(All)
R. S. PATHAK J. - The assessee, Messrs. Goverdhandas Radhey Lal, is a partnership firm consisting of two partners, Babu Ram and Lallu Mal, holding shares in the proportion of 12 annas and 4 annas respectively. The assessee carried on wholesale and retail cloth business at three different places, under the name of Goverdhandas Radhey Lal at Colonelganj, Ram Lakhan Rewati Raman at Baharaich and Babu Ram Goverdhandas at Bharwari. For the chargeable accounting periods ending July 6, 1940, June 25, 1941, and July 14, 1942, the income from all these three businesses was assessed in the hands of the assessee under the Excess Profit Tax Act. In passing, it might be mentioned that in the course of the assessment proceedings for the chargeable accounting period ending June 25, 1941, the assessee claimed that the business carried on under the name of Ram Lakhan Rewati Raman at Bahraich did not belong to the assessee but was owned by a separate firm consisting of Babu Ram, Lallu Mal and one Raghub...
Vishan Sarup Vs. Nardeo Shastri and anr.
Court: Allahabad
Decided on: Sep-08-1964
Reported in: AIR1965All439; 1965CriLJ334
Uniyal, J.1. This appeal has been filed by Vishan Swarup complainant against an order dated 28-2-1983 of the Special Magistrate, 1st Class, Meerut, acquitting the respondents Nardeo Shasiri and Deven-dra Kumar, Editor and joint Editor, respectively, of a daily newspaper entitled 'Janta-ki-Pukar' printed and published from Mawana, District Meerut, of offences under sections 501 and 502 of the Indian Penal Code.2. The complainant was Lekhpal of Village Mewa during the months of April and May, 1980. His house and property was situate in Mawana where his family resided. In the issue o the Hindi Daily 'Janta-ki-Pukar' dated 24-4-1960 a news item from a correspondent was published which contained imputations against a Lekhpal (whose identity was not disclosed) to the effect that he (the Lekhpal) was in the habit of taking bribes from both parties in cases pending in the Court of Sri Dharam Singh Rawat, S. D. M., and Sri Mathur, Tahsildar, Mawana; that the officers concerned were reputed to b...
L. Harday NaraIn Vs. Commissioner of Income-tax, U.P.
Court: Allahabad
Decided on: Sep-08-1964
Reported in: [1965]57ITR363(All)
R. S. PATHAK J. - The assessee is a Hindu undivided family, Hirday Narain being the karta.Before the year 1949 Hirday Narain was the karta of a Hindu undivided family consisting of himself and five sons, one of whom Jogendra Prakash had attained majority. This Hindu undivided family carried on business, and up to the assessment years 1949-50 the income from the business was assessed in its hands.On February 12, 1949, Hindu undivided family applied to the Income-tax officer for an order under section 25A of the Income-tax Act, 1922, claiming that there was a complete partition of the family. An order under section 25A was made, recognizing the complete disruption of the family on and form November 19, 1949.After the partition of the family a partnership firm, Hirday Narian, Jogendra Prakash, was constituted Hirday Narain and Jogendra Prakash being the partners and the remaining minor sons of Hirday Narain being admitted to the benefits of the partnership. The partnership took over the b...
Ghanshiam Das Vs. Sub-divisional Magistrate and ors.
Court: Allahabad
Decided on: Sep-04-1964
Reported in: AIR1965All442; 1965CriLJ337
ORDERH.C.P. Tripathi, J.1. This writ petition is directed against an order of the Munsiff Muzaffarnagar in a case under Section 146 of the Code of Criminal Procedure.2. On a report made by the police in July 1961 that there was a dispute between the petitioner and respondent No. S in respect of certain plots of land situate within the municipal limits of Muzaffarnagar which was likely to cause the breach of the peace, proceedings under Section 145, Criminal P. C. were started in the Court of the Magistrate and the parties concerned were required to put in written statements of their respective claims regarding the fact of actual possession over the land. Documentary evidence was filed by the parties. Ten persons on behalf of the petitioner and seven persons for the respondent No. S filed affidavits before the Magistrate in support of their respective claims. As the Magistrate was unable to decide as to which of the two parties was then in such possession of the land, he drew up a state...
Dr. Prem Behari Lal Saxena Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Sep-02-1964
Reported in: AIR1965All406; (1967)ILLJ357All
Tripathi, J.1. This writ petition is directed against an order No. II.F.86E/ST/1354, D/- 341-1961 passed by the Government of Uttar Pradesh abolishing the permanent ex-cadre post of the Anaesthetist at the U. H. M. Hospital Kanpur and thereby dispensing with the services of the petitioner who was the incumbent of that post.2. The petitioner who is a Graduate in Medicine and Surgery was appointed a permanent Anaesthetist to the Medical College, Lucknow in January 1945. While employed there he applied for the post of an Anaesthetist at the State Hospitals at Kanpur and was appointed as such by the Government on terms and conditions mentioned in its order D/-March 31, 1951 (Annexure 2 to the petition) and the petitioner joined the post on the 10th of September, 1951. Subsequently he was confirmed in his post with effect from September 10, 1955.3. In 1957 as the petitioner refused to go on transfer to Varanasi, he was suspended and then he filed a Writ Petition No. 415 of 1958 in this Cour...
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