Allahabad Court December 1965 Judgments
Brahm Dutt Sharma Vs. Life Insurance Corporation of India
Court: Allahabad
Decided on: Dec-24-1965
Reported in: AIR1966All474
Uniyal, J.1. The plaintiff has filed this appeal from the decree or the Civil Judge, Meerut, dismissing his suit with costs.2. The facts giving rise to this appeal, shortly stated, are as follows: On the 15th January 1951 Mukhtar Singh, deceased unole of me appellant, made an application for insurance in the Crown Life Insurance Company, Toronto, Canada, with its branch office at Bombay (hereinafter referred to as the Company) for a sum of Rs. 35,000. In that application he stated his occupation as landlord and mill owner, Weaving and Spinning Mills, and his place of residence as C/o Brahma Dutta Sharma, Gujrati Well. Meerut City. On the basis of the above application the Company issued an interim policy to Mukhtar Singh on the 19th February 1951. The interim policy was approved by the Head Office of the Company which issued Insurance Policy No. 573766, dated 21st May 1951 in favour of the said Mukhtar Singh. In that policy the appellant was described as the nominee of the assured afte...
Tag this Judgment!The Harijan Co-operative Housing Society Ltd. Vs. R.N. Sarkar and anr.
Court: Allahabad
Decided on: Dec-24-1965
Reported in: 1966CriLJ107
ORDERGyanendra Kumar, J.1. This is an application for action against Bani Prasad Agarwal, respondent, for contempt of Court in the following circumstances;2. The petitioner is a registered society called the Harijan Co-operative Housing Society, Allahabad which alleges to be running a Montessori school called 'Pt. Govind Ballabh Pant Bal Niketan' (also known as Bal Niketan) at 11 Bank Road, Allahabad. The above mentioned premises consists of four accommodations One of the portions was allotted to the Secretary, Harijan Welfare & Co-operative Society on 6.7.1960 by the Rent Control & Eviction Officer, Allahabad. The respondent purchased the entire building No. 11 Bank Road, Allahabad, and got into proprietary possession in or about January, 1962. On 16.8.1963 one Pitambar Josbi, Manager, Bal Niketan and working in the University Library at Allahabad, made an application to the Rent Control & Evic. tion Officer saying that a portion of the bungalow No. 11 Bank Road, Allahabad, which was ...
Tag this Judgment!Prem Chandra and anr. Vs. Dy. Director of Consolidation and ors.
Court: Allahabad
Decided on: Dec-22-1965
Reported in: AIR1967All180
Desai, C.J. 1. In this petition our brothers Beg and Sharma have referred to a larger Bench the following questions:'1(a). On the facts and circumstances if the case was a revision against the order of the Deputy Director dated 22-3-1903 maintainable in the present case? (b) If so, would such a revision be govern ed by amended Section 48 or Section 48 as it stood prior to its amendment by Act VIII of 1963? 2. On the facts and circumstances of the case, was the Deputy Director, Bara Banki competent to hear a revision petition against the order of the Deputy Director Camp Bara Banki dated 22-3-1963 passed in the second appeal by the latter? 3. Is the order of the Deputy Director Bara Banki dated 14-6-1963 depositing the aforesaid revision a legally correct order? Similar questions have been referred in the associated petitions. The material facts in this petition are as follows:An order under Section 10 of the Consolidation of Holdings Act was passed by a Consolidation Officer on 17-10-1...
Tag this Judgment!NavIn Chandra Vs. Yogendra Nath Bhargava
Court: Allahabad
Decided on: Dec-22-1965
Reported in: AIR1967All293
S.S. Dhavan, J.1. This is a tenant's second appeal from the concurrent decrees of the courts below ordering his ejectment from a house. The appellant Navin Chandra, who is a lawyer practising at Aligarh, is a tenant of the house of which Sri Yogendra Nath Bhargava is the owner and landlord The appellant sent two cheques on 3-7-1961 and 31-7-1961 respectively in full payment of the rent, but both were returned by the landlord who wrote that hewas not prepared to accept the payment by cheque and requested the appellant to pay the vent in cash. In reply to this letter the appellant wrote on 21-8-1961 that in future he would make payment by cheque or money order, at the option of the landlord, but if by money order he would deduct the postal charges. However he never sent the remittance by money order. The landlord served on him a notice of demand together with a conditional termination of the tenancy, but the amount remained unpaid. Thereupon the landlord filed this suit for his ejectment...
Tag this Judgment!Rampur Engineering Company Ltd. Vs. City Magistrate and ors.
Court: Allahabad
Decided on: Dec-22-1965
Reported in: (1967)ILLJ355All
G.C. Mathur, J.1. Several persons including respondents 2 to 5 filed separate applications under Section 16(3) of the Payment of Wages Act against the petitioner-company complaining that the petitioner-company had made some unauthorized deduction from their wage bills and prayed that the company be directed to repay those amounts to those persons together with compensation admissible under the Act.2. The City Magistrate of Rampur who was the authority under the Payment of Wages Act found the cases of respondents 2 to 5 established and directed the petitioner-company to refund the amount and to pay compensation.3. With regard to Mulkh Raj, respondent 2, the City Magistrate found that a 100-watt electric bulb had been supplied to him and that in spite of a notice being served upon him to return the bulb he had failed to do so. With regard to Mathur Singh, respondent 3, the City Magistrate found that he had been given three drills and even though a notice was served upon him to return the...
Tag this Judgment!Khem Chand Vs. Balwant
Court: Allahabad
Decided on: Dec-21-1965
Reported in: AIR1967All44
ORDERH.C. Tripathi, J.1. This revision is directed against an order of the Sub-Divisional Magistrate, Meerut, dated 25-3-1964 in a case under section 145, Cr. P. C.2. On receipt of a report from police that a dispute likely to cause a breach of peace existed between the parties concerning a well and persian wheel installed therein the learned Magistrate passed a preliminary order requiring the applicant and one Balwant to put up in written statement of their respective claims regarding the facts of actual possession of the subject of dispute and to adduce evidence in support of their respective claims.3. In response to this order the petitioner Khem Chand and the opposite party Balwant appeared before the Magistrate and filed their written statements and led evidence in support of their respective claims to the persian wheel and the well in question. Balwant in his written-statement averred that the well in dispute and the persian wheel were the joint property of his. Khem Chand and so...
Tag this Judgment!Nidhpal Sharma and ors. Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Dec-21-1965
Reported in: AIR1966All360
Mathur, J. 1. This application under Article 133 of the Constitution of India by Nidhpal Sharma and two others, auction-purchasers, for a certificate to appeal to the Supreme Court has been referred to the Full Bench to resolve the conflict between two earlier decisions of this Court, namely, the unreported decision in Lala Devi Charan v. Smt. Duloo, Supreme Court Appeal No. 111 of 1958, dated 7-11-1958 (All) and Janki Prasad v. Kailash : AIR1956All735 . 2. The facts of the case material for the decision of the present application are that in suit No. 404 of 1952 the Union of India obtained a decree against Messrs. Palson Soap Mills and Company through Vishwapal Sharma for Rupees Two Lacs and odd from the Court of the Subordinate Judge First Class, Delhi, and the execution thereof was transferred to the Court of the Civil Judge, Mathura, where many houses belonging to the judgment-debtor were attached and eventually auctioned. They were purchased by the present applicants for a paltry ...
Tag this Judgment!Gajadhar Prasad Misra Vs. the Vice Chancellor of the University of All ...
Court: Allahabad
Decided on: Dec-21-1965
Reported in: AIR1966All477
Jagdish Sahai, J. 1. The following question has been referred to us by the Division Bench hearing Special Appeal No. 682 of 1964 which is directed against the judgment of S. N. Ivedi, J., dated 20-8-1964 dismissing Writ Petition No. 5718 of 1968 filed by the appoint Gajadhar Prasad (hereinafter referred to as the appellant):'Whether the Vice-Chancellor of the Allahabad University is required to perform quasi Judicial functions in inflicting punishments uponstudents for breach of discipline ?' 2. By means of an order, dated 2-12-1963 the Vice-Chancellor of the Allahabad University (Dr. Balbhadra Prasad) expelled the appellant from the University with immediate effect' ana ordered that he be not admitted to any class or examination of the University in future. One of the submissions made before the Division Bench was that the appellant had not been heard before the order mentioned above was passed against him. It is under these circumstances that the question arose whether the Vice-Chanc...
Tag this Judgment!Baqridi and ors. Vs. Indra Vir Singh and ors.
Court: Allahabad
Decided on: Dec-21-1965
Reported in: 1968CriLJ1531
R. Chandra, J.1. This is a reference by tie Additional Sessions Judge, Bahraich, recommending that the following order passed by the S.D.M., Kaiserganj, in the proceedings under Section 145, Criminal P.C., may be set aside, as it was against law:In this manner Ram Bharosey and Ali Jan both are liable to give accounts of 242 maunds and 20 seers (local) of late paddy each. In the local area in which the disputed lard is situate 2 local maunds constitute one standard maund. In this manner the two Supurdars are liable to give account of 121 maunds and 10 seers (standard) of late paddy each to the applicants. They may give this late paddy or the value calculated at 6 as per seer of late paddy. The total amount payable by them each will be Rs. 1818.75 nP.2. At the instance of Indra Vir Singh and Chandra Vir Singh proceedings under Section 145, Criminal P.C., were started in respect of plot No. 870/2 (measuring 5.88 acres), of village Bulha, pergana Hasampur, district Bahraich. This land was ...
Tag this Judgment!Bela Singh Daulat Singh Vs. Commissioner of Income-tax, U. P.
Court: Allahabad
Decided on: Dec-21-1965
Reported in: [1966]62ITR250(All)
M. C. DESAI, C.J. - The Income-tax Appellate Tribunal, Allahabad Bench, has submitted under section 66(2) of the Indian Income-tax Act, 1922, this statement of case inviting this court to answer the following questions :'1. Whether the instrument of partnership was executed within the accounting period relevant to the assessment year 1957-5 2. Whether the application filed by the assessee for registration was made beyond limitatio ?3. Whether there was material for the Tribunal to come to a finding that the firm was not genuine because the assessment was made on the assessee as an unregistered firm, which implies that there was a genuine firm in existenc ?4. Whether, in the circumstances, the Tribunal was legally right in refusing registration to the assessee-firm under section 26 ?The facts, as we find from the statement, are as follows : The business that the assessee is carrying on now was previously carried on by a registered firm known as Bela Singh Daulat Singh consisting of five...
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