Allahabad Court January 1966 Judgments
Mangat and anr. Vs. State
Court: Allahabad
Decided on: Jan-31-1966
Reported in: AIR1967All204
M.H. Beg, J. 1. The appellant Mangat and his son Kanwla have been convicted of an offence punishable under the first part of Section 304, P. C. and sentenced to ten years' rigorous imprisonment by an Additional Sessions Judge of Meerut. The prosecution case was that, while Khazan deceased was sitting and smoking in front of his house, near a well, on 11-9-1968, at about 4 p.m.. in village Silana, the two appellants, together with Prakash and Jadubira, two other sons of Mangat who were tried together with the appellants but acquitted, came along and attacked Khazan with lathis. On the intervention of Jagpal (P. W.1), and Jagdish (P. W. 5), the two sons of Khazan, and Khanno (P. VV. 6), the wife of Khazan, these three were also beaten. The injuries on the body of Khazan were serious find resulted in his death.2. On 13-9-1963. Dr. Nahar Singh (P. W. 13), performed the postmortem examination on the body of Khazan, and he found 14 injuries which included two very serious injuries on the hea...
Tag this Judgment!Ramesh Chandra Vs. State
Court: Allahabad
Decided on: Jan-31-1966
Reported in: [1966]18STC341(All)
Mahesh Chandra, J.1. This is an application in revision by Ramesh Chandra against his conviction under Section 353, Indian Penal Code, and sentence by both the Courts below. He was sentenced to undergo rigorous imprisonment for a period of one year.2. Sri Chandra Mohan Lamgora, Sales Tax Officer, Special Investigation Branch, made a surprise check of the shop belonging to Ramesh Chandra, applicant, at Sikandrabad. He checked the account books and the stock and then went in the inner side of the shop and noticed some other account books in an almirah. It was alleged that these account books were of Ratish Chand and that Ratish Chand was not a partner in the shop. On enquiry by Sri Chandra Mohan Lamgora it was found that Ratish Chand was also a partner and the account books in the almirah were also inspected. Difference was found in the rokar in one of the account books kept in the almirah and the account books in the shop. The entries were signed by Sri Chandra Mohan Lamgora and he want...
Tag this Judgment!Asharfi Lal Vs. Income-tax Officer, A-ward, Aligarh, and Others.
Court: Allahabad
Decided on: Jan-31-1966
Reported in: [1967]66ITR63(All)
For the assessment year 1960-61 the petitioner was assessed by the Income-tax Officer, Aligarh, as an 'individual'. During the assessment proceedings it was contended by the petitioner that a partition had taken place on August 2, 1957, of the Hindu undivided family to which the petitioner belonged, and that, as its share, the petitioners branch received, among other properties, a sum of Rs. 4,000 in cash. The petitioner was already carrying on his separate business in the name and style of Messrs. Asharfi Lal Radhey Shiam. He says that he deposited the sum of Rs. 4,000 in that business. It is further said that there were some disputes in his family resulting in a partial partition, and the sum of Rs. 4,000 was divided between him and certain members of the family. On July 11, 1959, the petitioner entered into partnership with these members of the family and the sums received upon the division of Rs. 4,000 were introduced as capital by those members. It was alleged that the partnership...
Tag this Judgment!Anand Prakash and anr. Vs. Assistant Registrar, Co-operative Societies ...
Court: Allahabad
Decided on: Jan-27-1966
Reported in: AIR1968All22
ORDERSatish Chandra, J.1. The substantial question of law raised in this petition under Article 226 is whether an arbitrator seized of a reference under the Co-operative Societies Act can grant an order of stay or an injunction during the pendency of the arbitration proceedings.2. The Board of Directors of the Muzaffarnagar Wholesale and Retail Consumers Cooperative Stores Ltd. (a society which is registered under the Co-operative Societies Act, 1912) resolved to hold the annual general meetings of the Stores on 16th September, 1966. At the commencement of the annual general meeting Sri Vidva Sagar Goel, a delegate, raised an objection that the meeting could not lawfully be held as Sri Kesho Gupta, M. L. A., who was a Government nominee, had not been duly informed. Thereupon Dr. Rakeshwar Dass Jain, respondent No. 4 who was presiding at the meeting declared that the meeting was unlawful and adjourned it It is alleged that the delegates present did not agree with this ruling. They elect...
Tag this Judgment!Surajpal Singh Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Jan-20-1966
Reported in: (1968)ILLJ299All
V. Bhargava, J.1. By this writ petition the petitioner challenges the validity of proceedings being taken for departmental action against him under Section 7 of the Police Act as well as the order placing him under suspension from the post of police constable. Various writs were prayed for but in effect the prayer made was for quashing the proceedings under Section 7 of the Police Act including the order of dismissal from service and for setting aside the order of suspension.2. The only ground on which the prayer was sought was that, at the time when the disciplinary proceedings were started under Section 7 of the Police Act at well as at the time when the order of dismissal was made or the order of suspension was passed, the petitioner had ceased to be in police service, because he had voluntarily retired from the service. This submission was based on a letter sent by the petitioner on 1 May 1961 in which the petitioner purported to exercise his option to retire voluntarily from Gover...
Tag this Judgment!Chhedi Lal Gupta and ors. Vs. Smt. Shakuran Bibi and anr.
Court: Allahabad
Decided on: Jan-19-1966
Reported in: AIR1967All269
ORDERS.S. Dhavan, J. 1. This is a defendants' application under Section 115 of the Code of Civil Procedure directed against an order of II Additional District Judge Allahabad deciding three preliminary issues in a passing off action against them. One Mohammad Sattar filed a suit against one Baij Nath Prasad in which he alleged that he was the manufacturer of a brand of Bidis called 'Toofan Mail' which were very popular with the public; that these Bidis were sold under a label containing a picture of a Railway Mail Train, two Railway signals, a Railway track, two boats, and other signs; that the defendant Baij Nath Prasad had started selling a certain brand of Bidis under the name of 'Punjab Mail Bidis'; that he had chosen this name deliberately with the object of deceiving the bidi smoking public who had begun to appreciate the excellence of the plaintiff's Toofan Mail bidis; that the defendants also fixed a label on his bidis which contained a picture of a Railway train, Railway signa...
Tag this Judgment!Malkhan Singh Vs. State
Court: Allahabad
Decided on: Jan-19-1966
Reported in: AIR1969All557; 1969CriLJ1338
ORDERS.D. Singh, J.1. This is an application in revision arising out of proceedings under section 514 of the Code of Criminal Procedure. The present applicant Malkhan Singh and one other person Gairamji had stood surety for Phula alias Phool Singh against whom was pending a case under Sections 380 and 411 of the Indian Penal Code. Phoola appeared in Court upto 23rd February, 1966, but not thereafter. Proceedings under Section 514 of the Code of Criminal Procedure were thereafter taken up by the Magistrate. The personal and surety bonds were forfeited. Though show cause notices were directed to be issued, they were in fact not. The ultimate order passed by the Magistrate required the sureties to produce the accused by a certain date and they were also told that if they failed to do so, action would be taken against them.It was reported ultimately that the accused had been shot dead in some encounter with the police. Proceedings against the sureties, however, continued and they deposited...
Tag this Judgment!M. L. Bagla Vs. Commissioner of Income-tax, U. P.
Court: Allahabad
Decided on: Jan-19-1966
Reported in: [1966]62ITR203(All)
M. C. DESAI, C.J. - This is a case stated by the Agricultural Income-tax Revision Board under section 24(1), on its own motion, on the ground that the following question of law arising in a proceeding before it is of importance requiring final decision of this court :'Whether, on the facts and in the circumstances of the case, the two owners can be assessed as an association of individuals on the income of the entire areas under their joint cultivatio ?'One Bhagwati Prasad was the owner of the land in dispute. He granted a lease of 326.1 acres in favour of the assessee, M. L. Bagla, on April 20, 1942, and another lease of 316.3 acres in favour of Puranmal Jaipuria on January 21, 1941. For the Fasli years 1356, 1357, 1358 and 1359, they jointly appointed one person as manager to cultivate the lands of the two leases jointly appointed one person as manager to cultivate the lands of the two leases jointly. The manager cultivated the lands of the two leases, maintained one set of accounts ...
Tag this Judgment!Maharaj Prashad JaIn Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Jan-18-1966
Reported in: AIR1967All12; [1966]61ITR297(All)
Manchanda, J.1. This is a case stated under Section 66 (1) of the Indian Income-tax Act 1921 hereinafter referred to as the Act. The question referred is :'Whether on a true interpretation of Rule 24 of the Income-tax Rules made under Section 59 of the Indian Income-tax Act and the 2 lease deeds executed on 8-1-1954 and 30-1-54, the assessee was entitled to claim the exemption of 60 per cent of the net income from sale of tea leaves from the Banjarwala Tea Gardens which he had taken on lease '2. The material facts are these. The assessee is an individual. He had taken on sublease for a period of 16 years a tea garden known as Banjarwala Tea Garden from Shri Kaushalendra Pratap Singh and Sri Devendra Singh who had a perpetual lease, under an agreement dated the 8th January 1954. The material covenants of this lease deed are :'Whereas the first party (lessees) are the perpetual lessees of Banjarwala Tea Estate and as such have become Bhumidhars in the area of about 200 acres grown with t...
Tag this Judgment!Smt. Sumita Devi Vs. Daya Shankar Mehrotra
Court: Allahabad
Decided on: Jan-18-1966
Reported in: AIR1967All45
S.D. Khare, J. 1. This is plaintiff's second appeal directed against the judgment and decree dated 31st May, 1956 passed by the learned Civil and Sessions Judge Kanpur, affirming the decree of the learned Munsif for the dismissal of the plaintiff's suit The learned single Judge before whom this appeal came up for decision has referred it for disposal to a Division Bench because in his opinion thequestion raised in this appeal is of some importance. 2. The facts leading to this second appeal, briefly stated, are that one Sukhdeo Prasad, a tenant of certain premises, was declared in solvent on 11-7-1950, and his estate was taken over by the official receiver on 22-7-1950 Though Sukhdeo Prasad was adjudged insolvent no order for his discharge was passed till 31st December, 1950 Sukhdeo Prasad had taken two portions of the premises Nos 25, 26. Kirachikhana, Kanpur, at a monthly rent of Rs 40 and Rs 31/25 (in all Rs 71/25 P.) for purposes of godown and machine room respectively. The godown ...
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