Allahabad Court December 1965 Judgments
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Ram Anjore Pandey Vs. Sadanand
Court: Allahabad
Decided on: Dec-08-1965
Reported in: AIR1967All263
B. Dayal, J. 1. This is an Ex. Second Appeal by the decree-holder. He obtained a decree from the Court of Small Causes in 1951 and got it transferred to the Munsif's court in the year 1959 and asked for attachment and sale of immovable property. Both the courts below relied upon Section 42. C. P. C. as amended by the U. P. Laws (Reforms and Amendment) Act No. XXIV of 1954 holding that a transferee court, although a court of Munsif, had the same powers which the transferor court had, namely, the Court of Small Causes and consequently could not execute the decree against immovable property. So far as this order interpreted the amended Section 42. C. P. C. there is no dispute.The contention on behalf of the decree-holder, however, is that he having obtained the decree before the amendment of Section 42 C. P. C. a right vested in him to execute his decree by the modes that were available before the amendment and Section 42, C. P. C., as amended, is not retrospective and has no application ...
Ekka Tonga Mazdoor Union and ors. Vs. the Aligarh Municipal Board and ...
Court: Allahabad
Decided on: Dec-07-1965
Reported in: AIR1967All93; 1967CriLJ291
ORDERGyanendra Kumar, J.1. This is an application for taking proceedings against the respondents for contempt of this Court. Petitioner No. 1 is a registered body, which is known as 'Ekka Tonga Mazdur Union'. Its Secretary is Bhagwan Das, while the remaining petitioners are its members who ply their vehicles within the limits of the Municipal Board, Aligarh. The first respondent is the Municipal Board, Aligarh, which is a superseded Board. Respondent No. 2 is the Officer-in-charge of that Board; respondent No. 8 is its Executive Officer; respondent No. 4 is the Demand Inspector; and respondent No. 5 is the Demand Clerk, while the remaining respondents are employed as clerks or peons at various Octroi posts of the Municipal Board.2. The Municipal Board of Aligarh had been realising fees from Ekka and Tongawalas for the use of the Municipal stands situate at various places in the city. The above Union and its members had been fighting with the Municipal Board for the discontinuance of th...
Workmen of L.H. Sugar Factories and Oil Mills (Private), Ltd. and ors. ...
Court: Allahabad
Decided on: Dec-07-1965
Reported in: (1966)ILLJ796All
D.D. Seth, J.1. This petition under Article 226 of the Constitution arises out of the following circumstances:The facts of the case as stated in petition, briefly, are that the manager of L.H. Sugar Factories and Oil Mills (Private), Ltd., opposite party 2 to the petition, by his order dated 6 February 1958, changed the designation of the petitioner 2 from 'incharge, cane office' to 'sugar storekeeper.' Petitioner 2 disputed the correctness of the order and submitted his representation and prayed that the order be set aside. The changing of the designation of the petitioner gave rise to an industrial dispute. The dispute could not be amicably settled in conciliation proceedings and consequently the State Government referred the following matters of dispute for adjudication to the labour court, Bareilly:(1) Should the employers be required to restore the designation of Bachan Singh Chauhan, son of Sri N.S. Chauhan, from sugar storekeeper to cane office incharge? If so, with what details...
Gangadhar Babu Lal Vs. Commissioner of Income-tax, U. P.
Court: Allahabad
Decided on: Dec-07-1965
Reported in: [1966]62ITR718(All)
MANCHANDA, J. - This is a case stated under section 66(2) of the Indian Income-tax Act, 1992, by the Allahabad Bench of the Income-tax Appellate Tribunal. The question referred are :'1. Whether there was material for the finding that the sale of three patlas of gold amounted to business so that any excess of the sale proceeds over the cost price could represent the assessable profit 2. If the answer to the first question is in the affirmative, then, whether for the purpose of working out the profits, the value of the patlas of gold should not have been made on the basis of the market price on the date of the partial partition ?'The material facts that emerge from the statement of the case are these. The relevant year of assessment is 1947-48, the previous year being the year ending 22nd October, 1946. The assessee, Babu Lal, who was the karta of the Hindu undivided family of Gangadhar Babulal, was carrying on money-landing business and was also trading in gold, silver and guineas and t...
Habibur Rahman Khan Vs. Pooran and ors.
Court: Allahabad
Decided on: Dec-06-1965
Reported in: AIR1966All353
V. Bhargava, J. 1. This special appeal has come up before this Full Bench under the following circumstances. The appellants filed a suit against three parsons, namely, Data Ram, Chhuttan and Babu Lal for possession of the properties mentioned in the plaint and for mesne profits on the allegation that they had taken wrongful possession of the properties and were trespassers. During the trial of the suit, Data Ram remained absent and the suit proceeded ex parte against him. It was contested by the other defendants. Evidence of parties was recorded and argument of parties were heard on 29th March, 1950, and 19th of April, 1950 was fixed for delivery of judgment. On 19th of April, 1960 the trial Judge felt that fresh arguments were necessary and, consequently, be fixed 20th July, 1950 for further arguments. Admittedly, during this interval Data Ram defendant died on the 31st of May, 1950. No steps were taken regarding his legal representatives being brought on the record until subsequently...
Kashi Nath Misra Vs. Chancellor, University of Allahabad and anr.
Court: Allahabad
Decided on: Dec-03-1965
Reported in: AIR1967All101
Jagdish Sahai, J.1. By means of this writ petition filed by Sri Kashi Nath Misra, M. L. A., the order of the Chancellor, respondent No. 1, dated 26-2-1965, appointing under Section 11(1) of the Allahabad University Act (hereinafter referred to as the Act) the respondent No. 2, Sri R. K. Nehru, as the Vice-Chancellor of the Allahabad University, is challenged. It is not necessary to mention all the facts given in the writ petition and the affidavits filed by the parties because there is practically no dispute over them and the questions raised before us being entirely legal, do not require any consideration of question of fact. We would, therefore, give only such facts as would contribute to a correct decision of the questions of law raised before us. The Vice-Chancellor of the Allahabad University is a whole-time officer. Section 11 of the Act deals with the appointment of the Vice-Chancellor. That provision reads:--'11(1) The Vice-Chancellor shall be a whole-time officer of the Univer...
Commissioner of Sales Tax Vs. Jiwan Das
Court: Allahabad
Decided on: Dec-03-1965
Reported in: [1966]18STC264(All)
M.C. Desai, C.J.1. This statement, has been submitted to this Court under Section 11(1) of the U.P. Sales Tax Act by the Judge (Revisions) Sales Tax at the assessee's instance. The connected references are of identical statements of cases in respect of the same assessment year but of different assessees and raise the same questions.2. We are called upon to answer the following two questions :-(1) Whether or not in view of the conditions of the agreement entered into between the Government and the opposite party, the transactions between the Government and opposite party amounted to sale within the meaning of U.P. Sales Tax Act.(2) If the answer to question No. 1 be in the affirmative, whether in view of the conditions of the aforesaid agreement the sales of food-grains by the opposite party will be treated to have been made in his own account as dealer.3. All the assessees sold foodgrains during the assessment year 1958-59 under agreements entered into by them with the Government. They...
Prahlad Rai and Sons Vs. Union of India (Uoi), Through the General Man ...
Court: Allahabad
Decided on: Dec-02-1965
Reported in: AIR1967All530
Lakshmi Prasad, J. 1. This is a plaintiff's second appeal arising out of a suit for the recovery of Rs. 670/12/6 claimed as price of 90 bags of cement plus Rs. 42/12/8 claimed as interest. On 8-6-1954 two consignments of cement bags of 585 bags and 530 bags respectively were booked from Tallayathu Madras, Railway Station on the Southern Railway for being delivered to the consignee at Sonda which is a railway station on the N. E. Railway. These two consignments were delivered to the consignee, viz., the plaintiff-appellant in three instalments: The first instalment of 495 bags was delivered on 10-6-1954, the second of 285 bags on 22-6-1954 and the third of 245 bags on 2-8-1954. Thus the delivery was short by 90 bags. It is in these circumstances that after serving notices as required by Section 77 of the Indian Railways Act and Section 80 of the Code of Civil Procedure the plaintiff-appellant filed this suit against the Union of India through the general Manager. N. E. Railway, Gorakhpu...
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