Allahabad Court November 1965 Judgments
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Juggi Lal Kamlapat Jute Mills Co. Ltd. Vs. the Registrar of Companies
Court: Allahabad
Decided on: Nov-19-1965
Reported in: AIR1966All417
Mathur, J. 1. This is a petition under Section 17 of the Companies Act, 1956, of Juggilal Kamlapat Jute Mills Company, Limited, (to be referred hereinafter as the Company) for confirmation of the alteration to the Memorandum of Association of the Company.2. The Company was registered on the 7th of February 1931, under the provisions of the Indian Companies Act, 1913, as a Company limited by shares with its registered office at Kanpur. The objects for which the Company was formed are set out in Clause 3 of the Memorandum of Association. Even though the Company was named Jute Mills Company and is running the business of jute, it can under the Memorandum of Association carry on many businesses not connected with jute.3. It was recently that the Directors of the Company desired to manufacture goods of Natural Rubber, Synthetic Rubber and Reclaim Rubber, after a sister concern, J. and K. Commercial Corporation, Limited, obtained a Letter of Intent for industrial licence from the Government ...
Dwarka Nath Vs. Commissioner of Wealth-tax, U. P.
Court: Allahabad
Decided on: Nov-18-1965
Reported in: [1966]62ITR304(All)
M. C. DESAI, C.J. - This is a case referred by the Income-tax Appellate Tribunal, Delhi Bench A, under section 27(1) of the Wealth-tax Act, 1957, the question framed by the Tribunal being :'Whether, on the facts and in the circumstances of the case, the sum of Rs. 3 lakhs was rightly included in the total wealth of the assessee for the assessment year 1959-6 ?'The assessee is a Hindu undivided family and the question is of its assessment to wealth-tax for the assessment year 1959-60. The previous year selected by it is the Diwali year, for the assessment year 1959-60, which ended on November 8, 1958. The assessee had invested 3 lakhs of rupees in a certain firm. On November 8, 1958, the last day of the previous year, the investment of rupees 3 lakhs was distributed among the various coparceners by necessary entries being made in the accounts. The result was that the assessee could not be said to possess the amount of rupees 3 lakhs on November 8, 1958. In assessing the wealth-tax, the ...
Ram Chandra Prasad Vs. Commissioner of Wealth-tax, U. P.
Court: Allahabad
Decided on: Nov-18-1965
Reported in: [1966]62ITR308(All)
This is a statement of case submitted to this court by the Income-tax Appellate Tribunal, Delhi Bench A, the question formulated by it being :'Whether, on the facts and in the circumstances of the case, the sum of Rs. 4 lakhs was rightly included in the total wealth of the assessee for the assessment year 1959-6 ?'For the reasons given in our judgment of date in I. T. R. Reference No. 270 of 1963 we answer the question in the negative.A copy of the judgment shall be sent under the seal of the court and the signature of the Registrar to the Appellate Tribunal as required by section 27(6) of the Wealth-tax Act. The assessee shall get its costs of this reference, which we assess at Rs. 100. Counsels fee is assessed at Rs. 100....
Ram Naresh Lall Ram Yash Lall Vs. the State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Nov-17-1965
Reported in: AIR1967All384; (1968)IILLJ586All
ORDERG.D. Sahgal, J.1. The petitioner was appointed as a temporary Accounts Supervisor in the Agriculture Department in the scale of Rs. 60-4-80-4-100 by the Director of Agriculture on the 26th of March, 1947, and was posted under the Deputy Director of Agriculture, Eastern Circle. Pratapgarh, where he joined his duties on the 1st of April, 1947, thereafter by an order dated the 15th of February, 1949, he was transferred to the Agricultural Engineering Department as a temporary Assistant Accountant by the Director of Agriculture and was posted under the Agricultural Engineer (Tractors), Lucknow, of which post he took charge on the 19th of February, 1949. By an order of the Chief Agricultural Engineer, Kanpur dated the 9th of January, 1952 the petitioner was provisionally confirmed on a permanent pensionable post of Accounts Supervisor with effect from the 11th of July, 1949, by the order dated the 9th of January, 1952. The Agricultural Engineering Department was abolished on the 24th o...
Keshav Prasad Vs. Labour Court and ors.
Court: Allahabad
Decided on: Nov-16-1965
Reported in: (1966)ILLJ590All
D.D. Seth, J.1. This petition under Article 226 of the Constitution arises out of the following circumstances.2. The petitioner is an employee of the New Victoria Mills Company, Ltd., Kanpur, opposite party 2 to the petition, as a line jobber. The nature of his duty is to supervise the work of weavers working on looms which is known as one line and that is why the name of line jobber is given to a person who supervises the work done on the line. The petitioner is paid wages which is calculated on the average production given by the weavers and the looms of the line. It is stated in Para. 4 of the petition that if the production is 66 per cent or above in case of four looms set and 72 per cent or above in case of two looms set, the weavers and the line jobbers are paid efficiency reward which is also known as production bonus. According to the petitioner the efficiency reward is paid in terms of an agreement arrived at between the representatives of the workmen and the petitioner-concer...
Shiv NaraIn Sarraf Vs. Commissioner of Income-tax, U. P.
Court: Allahabad
Decided on: Nov-16-1965
Reported in: [1966]62ITR711(All)
M. C. DESAI, C.J. - This is a statement of a case submitted to this court by the Income-tax Appellate Tribunal, Allahabad Bench, under section 66(2); the question formulated by the Bench is :'Whether by reason of the assessee having chosen to have his income from undisclosed sources assessed by reference to the accounting periods of his business in earlier assessment, the amounts of cash credits found in these years could be assessed by reference to those accounting periods in the assessment years in question under the proviso to section 2(11)(i)(a) of the Income-tax Ac ?'The statement relates to the assessment years 1949-50 and 1951-52. The assessee does the business of sarrafa and of speculation. Its accounting year for this business is the Diwali year. In its accounts of the Diwali year relevant to the assessment year 1948-49, there were certain cash credit entries, The Income-tax Officer found that the amount of the entries was its income and included it in the assessment for 1948-...
Gajanand Sutwala Vs. Commissioner of Wealth-tax, U. P.
Court: Allahabad
Decided on: Nov-16-1965
Reported in: [1967]63ITR512(All)
MANCHANDA J. - This is a case stated under section 27(1) of the Wealth-tax Act, 1957. The question referred is :'Whether, on the facts and in the circumstances of the case, the assets assessed in the hands of Gajanand belonged in law to the Hindu undivided family constituted by Gajanand and his mother and should have been assessed as suc ?'The relevant facts are these : One Rameshwar Das had acquired some properties at a partition between him and his brothers. Rameshwar Das died in 1934 leaving behind his widow and his son, Gajanand. The assessee claimed before the revenue authorities that the property was owned by the Hindu undivided family consisting of Gajanand, his widowed mother and his wife. Gajanand had no issue. The Tribunal took the view that the property left by Rameshwar Das was owned by Gajanand in his status as an individual and was subject to wealth-tax in his hands. A reference under section 27(1) having been asked for, the aforesaid question has been referred for the op...
Mathura Datt and ors. Vs. Teg Singh and anr.
Court: Allahabad
Decided on: Nov-12-1965
Reported in: AIR1967All541
S.S. Dhavan, J. 1. This is a defendant's second appeal from the decision of the Additional Civil Judge, Nainital reversing that of the Munsif, Ranikhet and decreeing the plaintiff-respondents' suit for specific performance of an agreement to sell land. It appears that there was a dispute between the plaintiff-respondents and the defendant-appellants overcertain mutation proceedings initiated by the plaintiffs. It is not necessary to give details of this dispute except that it ended in a compromise on 17-9-1952. Under the terms of this compromise, four of the defendant-appellants executed an agreement promising to transfer within six months to the plaintiff-respondents by sale a certain immoveable property. This property is the land in dispute and the agreed sale price was Rs. 350/-. The four appellants who signed the agreement of sale deed, purporting to act on their own behalf as well as on behalf of the other defendants, are Ganga Datt (No. 2). Hiraballabh (No. 3), Khali Ram (No. 5) ...
Lachman Das and ors. Vs. Heera Lal
Court: Allahabad
Decided on: Nov-11-1965
Reported in: AIR1966All323
Dwivedi, J. 1. It is a defendant's appeal against the decree of the lower appellate court. It was first heard by a learned single Judge He lias referred it to a larger Bench, and it is now laid before us. Of the defendants Lachhman Das is the father, and the others are his sons. 2. The dispute relates to a shop. It belonged to one Ganga Ram and his wife, Kiran Devi. On April 10, 1951, they made a usufructuary mortgage of the shop in favour of Lachhman Das. On January 3, 1957 they sold it to Sri Hira Lal, the plaintiff. Hira Lal deposited the mortgage-money in the court under Section 83 of the Transfer of Property Act (hereinafter called the Act) on January 8, 1957. Lachhman Das withdrew the money, but did not deliver possession of the shop to Hira Lal. He had taken several pleas in that proceeding. We are now concerned with only one of them. That plea was that before taking the usufructuary mortgage he was the tenant of the shop, and that despite redemption of the mortgage he was entit...
Ratna Sugar Mill Mazdoor Union Vs. Ratna Sugar Mills Company, Ltd. and ...
Court: Allahabad
Decided on: Nov-09-1965
Reported in: (1966)ILLJ597All
D.D. Seth, J.1. This is a petition under Article 226 of the Constitution. The facts of the case, in brief, as contained in the petition, are:2. By a notification dated 13 December 1961 the State Government, under Section 4K of the Uttar Pradesh Industrial Disputes Act, 1947 (hereinafter called the Act), referred the following matter of dispute for adjudication to the industrial tribunal (II), Allahabad (hereinafter called the tribunal):Whether the employers have reduced the quantum of leave as obtaining to their workmen prior to 4 July 1961, legally and/or justifiably If not, to what relief are the workmen entitled and with what details ?3. The tribunal registered the case and issued notices to the parties. The case of the workmen was espoused by the petitioners before the tribunal. The parties filed the written statements and rejoinder statements. The case of the workmen before the tribunal was that prior to 4 July 1961 the workmen of the Ratna Sugar Mills Company, Ltd. (hereinafter c...
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