Allahabad Court April 1965 Judgments
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Jamuna Das and anr. Vs. Smt. Gulab and ors.
Court: Allahabad
Decided on: Apr-06-1965
Reported in: AIR1966All196
Oak, J.1. In these 14 connected second appeals a common question of law has been referred to us. That question is in these terms :--'Does a second appeal He to the High Court against the appellate decree of a civil Court passed under Sub-section (4) of Section 332 (since deleted) of the U. P. Zamiudari Abolition and Land Reforms Act?'2. In order to understand how this question of law arose in these cases, it will be convenient to outline the facts of one case. Second Appeal No. 1183 of 1962 arises out of a suit filed by Smt. Gulab Rani, against Jamuna Das and others for ejectment under Section 209 of the U. P. Zamindari Abolition and Land Reforms Act (Act No. 1 of 1951), hereafter referred to as the Act. Jamuna Das, defendant No. 1 raised a plea that defendants Nos. 1 and 2 wore bhumidhars of the land in dispute. That question was referred to the civil Court The civil Court decided that defendants are not bhumidhars of the land in dispute. The revenue Court accepted that finding, and d...
Haji Rahmat Ullah and Co. Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Apr-06-1965
Reported in: AIR1967All352; [1966]59ITR109(All)
R.S. Pathak, J.1. The assesses, Messrs. Haji Rahmat Ullah & Co., was a partnership firm which carried on the business of supplying goods under contract with the military department during the last World War. The assessee entered into contracts for the supply of fowl and eggs to the military authorities at Dehra Dun and Ranikhet during the period commencing April 1, 1943. and ending March 31, 1944. It then entered into two subleases with Messrs. Abdul Salam & Brothers, Lucknow, for the supplies to be made at Dehra Dun and Ranikhet in return for a fixed commission of Rs. 600 per mensem. Messrs. Abdul Salam and Brothers further sublet the Dehra Dun contract to Messrs. Zahur Ahmad Mohd. Yusuf and that pertaining to Ranikhet to Messrs. Musaraf Ali Iqbal Ahmad. The contracts between the assessee and the military department specified the rates at which supplies were to be effected, and in the contracts entered into by the assessee with Messrs. Abdul Salam and Brothers and by the latter with t...
General Manager, Kanpur Electricity Supply Administration Vs. R.P. Nig ...
Court: Allahabad
Decided on: Apr-02-1965
Reported in: AIR1966All429
Jagdish Sahai, J.1. This application by the General Manager, Kanpur Electricity Supply Administration has been filed under Articles 132(1), 133(1)(a), (b) and (c) of the Constitution of India.2. On 16th of September 1947 when the Government of Uttar Pradesh purchased the undertaking of the Kanpur Electric Supply Corporation Limited, the respondent, Sri R.P. Nigam was already in the service of the Corporation as an Assistant Accountant getting a salary of Rs. 550 per month. On 17th of November 1953 an agreement deed was signed on behalf of the Governor as one party and by Sri Nigam, the respondent, the other party. This agreement it is said governed the conditions of service of Sri Nigam. The services of Sri Nigam were terminated by Sri K. C. Gupta, the General Manager of the Corporation on 22nd of July 1959. Sri Nigam filed writ petition No. 2456 of 1959 which was allowed by Oak, J. on 29-11-1961. The order passed by Sri Gupta, General Manager, dated 22-7-1959 terminating the services ...
Workmen of Aligarh Electric Supply Company Ltd. and anr. Vs. Aligarh E ...
Court: Allahabad
Decided on: Apr-01-1965
Reported in: (1966)IILLJ839All
G.C. Mathur, J.1. By order dated 22 April 1961, the State Government, In exercise of Its powers under Section 4K of the Uttar Pradesh Industrial Disputes Act, 1947, referred for adjudication to the labour court at Meerut, the following matter of dispute:Should the employers be required to put their workmen, named In the annexure, in the scale of Rs. 55-4-102-E.B.-5-125 If so, with effect from what date and with what other details?In the annexure two workmen, B. D. Sri vastava and Inder Deo, were named. Before the labour court management raised an objection that the dispute was an Individual dispute and not an Industrial dispute. A preliminary issue was framed on this objection. Neither of the parties Adduced any evidence on this issue. The labour court held that the burden of proving that the dispute was an industrial dispute lay upon the party invoking the Jurisdiction of the labour court, and that since no evidence was led by the workmen they had failed to discharge the burden. Conse...
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