Allahabad Court December 1965 Judgments
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Adit Prasad Vs. Sheo Mangal
Court: Allahabad
Decided on: Dec-17-1965
Reported in: AIR1967All258
Satish Chandra, J. 1. The decree-holder has filed this appeal. He obtained a decree no. 338 of 1950 for Rs. 513. In due course he put tt in execution for a total sum of Rs. 716.34 including costs. The property in dispute was put up for auction. The auction was held on 29th April 1960 and at the auction the decree-holder was the highest bidder. He purchased the property for Rs. 1500/-.2. The officer holding the auction finding that there was only one bidder did not accept the bid of the decree-holder but left it for the Court to accept it or not. On 2nd May 1960 the judgment-debtor deposited the entire amount due under the decree i.e. the decretal amount as well as execution costs, in the execution Court. The same day the file was put up before the execution Court with respect to the auction Sale The Court did not pass any specific order accepting the bid of the decree-holder, but made an order that the file be put up after a month for confirmation of the sale.3. It is worthy of note th...
Sri Jamuna Dass Bajaj Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Dec-17-1965
Reported in: [1966]17STC598(All)
M.C. Desai, C.J.1. This is a case stated by the Judge (Revisions), Sales Tax, U.P., under Section 11(1) of the U.P. Sales Tax Act. The question that we have to answer is :-Whether in the circumstances and facts of the case, the taxable turnover determined at Rs. 4,00,000 was just and proper.2. The facts are as follows : The assessee carries on business in cloth and is liable to pay sales tax on the turnover of sale of imported cloth. For the assessment year 1956-57 it submitted a return disclosing the turnover of imported cloth of Rs. 2,44,000 and odd. The Sales Tax Officer found that it had concealed the importing of thirteen bales of cloth and rejected the return and the accounts. He then fixed the turnover at Rs. 4,00,000 according to the best of his judgment and assessed it accordingly. It filed an appeal, which was partly allowed by the Judge (Appeals). The Judge (Appeals) held that the turnover of the suppressed bales was at the most Rs. 15,000, accepted the returned turnover as ...
Jabbar and ors. Vs. State
Court: Allahabad
Decided on: Dec-17-1965
Reported in: 1966CriLJ1363
M.H. Beg, J.1. The appellant Jabbar has been convicted under Section 316, I.P.C. and sentenced to five years' R.I., whereas his brothers, appellants Ishaq and Habib, have been convicted under Section 316/34, I.P.C. and sentenced to four years' R.I. The appellants, Jabbar and Habib, were also convicted under Section 323/34, I.P.C. and sentenced to three months' R.I., whereas the appellant Ishaq was convicted under Section 323, I.P.C. simpliciter, and sentenced to six months' R.I.2. The prosecution of the appellants resulted from an incident which is said to have taken place in front of the house of Jamna (P.W. 8) on the evening of 31st August. 1963, in village Sansarpur, P.S. Koraon, in the district of Allahabad. It was alleged that Sarju (P.W. 4), the brother of Jamna (P.W. 8), had been engaged as a labourer by Ishaq appellant to carry lime stone from Saraiya hill. It was alleged that Sarju, having expressed his willingness to carry only five Dharas instead of seven 'dharas' (seers) of...
Shahadat Vs. Superintendent District Jail and ors.
Court: Allahabad
Decided on: Dec-15-1965
Reported in: AIR1967All11
Tripathi, J.1. By this petition under Section 491 of the Code of Criminal Procedure the petitioner challenges the validity of his detention in the district jail at Kanpur in pursuance of an order of the civil authority, Kanpur dated 26-9-1965 purporting to be under para. 5/8 of the Foreigners' (Internment) Order, 1962.2. The facts which are relevant to the questions in controversy shortly stated are these.3. The petitioner came to India on the basis of a Pakistani Passport and a short term visa in August 1956. The Government of Uttar Pradesh moved the Central Government to determine the national status of the petitioner in accordance with Section 9(2) of the Citizenship Act, 1955, and the rules made thereunder. A notice was issued to the petitioner to show cause. In response to that notice the petitioner sent a written representation to the Central Government praying that he be declared to be a citizen of India. The Central Government, however, by its order dated the 27th August, 1956,...
Rashid Hasan Roomi Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Dec-15-1965
Reported in: AIR1967All154; 1967CriLJ309
Tripathi, J.1. By this petition under Section 491 of the Code of Criminal Procedure a challenge is raised to the validity of the petitioners' detention in the district jail, Fatehpur, in pursuance to an order purporting to be under Foreigners Internment Order, 1962, and it is prayed that he be set at liberty.2. Having heard learned counsel for the parties at some length, we directed yesterday that the petitioner be set at liberty forthwith. We now propose to give our reasons for the order.3. The undisputed facts which are relevant to the questions in controversy are of somewhat unusual nature and raise interesting questions of law.4. The petitioner was born of Indian parents in the district of Fatehpur and has been living since his birth in this country. He was here on 26th January, 1950, when the Constitution of India came into force. The petitioner's father Syed Siddiq Hasan migrated to Pakistan in 1948 leaving behind the petitioner who was then a minor and his younger brothers and s...
Shahadat Vs. Superintendent, District Jail and ors.
Court: Allahabad
Decided on: Dec-15-1965
Reported in: 1967CriLJ12
Tripathi, J.1. By this petition under Section 491 of the Code of Criminal Procedure the petitioner challenges the validity of his detention in the district jail at Kanpur in pursuance of an order of the civil authority, Kanpur dated '26-9-1965 purporting to be under para 5/8 of the Foreigners' (Internment) Order, 1962.2. The facts which are relevant to the questions in controversy shortly stated are these.3. The petitioner came to India on the basis of a Pakistani Passport and a short term visa in August 1956. The Government of Uttar Pradesh moved the Central Government to determine the national status of the petitioner in accordance with Section 9(2) of the Citizenship Act, 1955, and the rules made thereunder. A notice was issued to the petitioner to show cause. In response to that notice the petitioner sent a written representation to the Central Government praying that he be declared to be a citizen of India. The Central Government, however, by its order dated the 27th August, 1956,...
Mata Badal Singh Vs. Sahkari Sangh and ors.
Court: Allahabad
Decided on: Dec-14-1965
Reported in: AIR1967All281
1. This is an appeal from an order of the Civil Judge Basti dated 29th October 1960, by which the learned Civil Judge dismissed objections filed under Section 47 of the Code of Civil Procedure by the judgment-debtor against the execution proceedings. An award was made under the provisions of Cooperative Societies Act, 1912 by arbitrator on 8th February 1955 against the judgment-debtor in favour of the respondent Society. The actual relief granted under the award was for recovery of certain amount of money by the respondent from the appellant. 2. It appears that the award was sought to be enforced by issue of requisition to the Collector of the district of Basti who could recover the amount as arrears of land revenue within the meaning of Rule 137 framed under the aforesaid Act. Simultaneous with the aforesaid proceedings an application for enforcement of the award and for recovery of award amount was made in the Court of the Civil Judge, Basti purporting to be an application for execut...
Shafiquel Rahman Khan Vs. Superintendent Jail and ors.
Court: Allahabad
Decided on: Dec-14-1965
Reported in: AIR1966All431; 1966CriLJ979
Tripathi, J. 1. By this petition under Section 491 of the Code of Criminal Procedure read with Article 226 of the Constitution the petitioner challenges the validity of his detention in the district Jail at Meerut.2. The undisputed facts which are relevant to the questions in controversy are these:--The petitioner is a national of Pakistan. In June 1965 he came to India to see some of his relations on a Pakistani passport and an Indian visa permitting his stay in India for a period of three months only. The period granted under the visa expired on 7-9-1965 but owing to the extraordinary conditions prevailing on the border on account of the hostilities between India and Pakistan the petitioner in spite of his best efforts could not go back to his country. After reporting his departure to the police at Meerut the petitioner reached Delhi on 7-9-1965. He was, however, arrested by the Delhi police during the same night and was sent up for trial under Section 14 of the Foreigners Act for ov...
Shyam Sunder Chowdhary Vs. Gift Tax Officer
Court: Allahabad
Decided on: Dec-13-1965
Reported in: AIR1967All19; [1967]66ITR74(All)
Jagdish Sahai, J. 1. In these two writ petitions, the vires of the Gift Tax Act (No. 18 of 1958) (hereinafter referred to as the Act) has been challenged. In writ petition No. 566 of 1961, however, the order of the Gift Tax Officer also has been assailed on the ground that no finding has been recorded to the effect that the impugned transaction was mala fide and could not for that reason be a gift.2. As the main question raised in the two writ petitions is a common one we proceed to dispose them of by means of this common judgment.3. We would first deal with the submission made by the learned counsel for the petitioner in the two petitions that the Act is ultra vires of the Parliament Mr. Gopi Nath Kunzru who has appeared for the petitioner in writ petition No. 1291 of 1959, has contended that neither the Central Legislature nor the State Legislature could pass the impugned law. Mr. S.P. Gupta who has appeared in writ petition No. 566 of 1961 has however submitted that the impugned leg...
Jageshar Naik Vs. Collector of Jaunpur
Court: Allahabad
Decided on: Dec-09-1965
Reported in: AIR1966All392
Desai, C.J. 1-4. A report made by the Chief Inspector of Stamps in this First Appeal has been referred to a larger Bench by a Division Bench, which was or the opinion that the decision of this Court in Ramohand v. Moti Thad, 1982 All LJ 485: (AIR 1962 All requires reconsideration.5. The report is about the stamp duty payable on a document executed by Rani Dhandevi Kunwar (now represented by the Collector, Jaunpur, the respondent) on one side and Jageshar Naik appellant on the other side. It is styled as an agreement and is stamped as such i.e., stamp duty of Re. 1-00 has been paid on it. The gist of the agreement is as follows:Rani Dhandevi Kunwar is the sole owner of certain trees and in possession of them and has accepted the offer of Jageshar Naik to buy them for Rs. 1,00,000. Jagesh Naik undertakes to pay the price by a certain date and if he does not pay it, the Rani will have the power to stop the cutting of the trees and Jageshar Naik's entry into the land. Jageshar Naik has the...
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