Allahabad Court February 1966 Judgments
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Raja Shatrunji Vs. Mohamed Azmat Azim Khan and ors.
Court: Allahabad
Decided on: Feb-21-1966
Reported in: AIR1967All51
Desai, C.J. 1. With great respect to my brother Beg I regret I am unable to agree with his view that it is for us to decide whether an appeal lies to the Supreme Court under Article 133 of the Constitution or not. The Article occurs in the Chapter headed as 'The Union Judiciary' and deals with the jurisdiction of the Supreme Court and not with the jurisdiction of a High Court in respect of any matter. The opening words 'an appeal shall lie to the Supreme Court from any judgment, decree or final order' are addressed to the Supreme Court; the Supreme Court must entertain an appeal from any judgment, decree or final order if the condition precedent mentioned in the Article, viz. the possession by the appellant of one of the four certificates mentioned in Clauses (a), (b) and (c) granted by the High Court is fulfilled. It is elementary that the question of jurisdiction is for the Court, the jurisdiction of which is invoked and not for any other court. In Rosen-blatt v. American Cyanamid Co...
Chandra Mohan (Second Temporary Civil and Sessions Judge) Vs. State of ...
Court: Allahabad
Decided on: Feb-21-1966
Reported in: (1966)IILLJ832All
V.G. Oak, J.1. The question for consideration in this reference is whether Judicial Magistrates are eligible for appointment to Uttar Pradesh Higher Judicial Service. The reference arises out of three connected writ petitions, in which the proposed appointment of certain persons to Uttar Pradesh Higher Judicial Service is being challenged by the petitioners. It will be sufficient to refer to the facts of one of these three cases.2. Sri Chandra Mohan is the petitioner in Civil Miscellaneous Writ No. 526 of 1065. He Is temporary Civil and Sessions Judge at Kan pur. The State of Uttar Pradesh la respondent 1. The Registrar of this Court Invited applications for recruitment to the Uttar Pradesh Higher Judicial Service, A selection committee interviewed and examined a number of candidates. The selection committee was of the opinion that six persons, who are respondents 2 to 7 in the writ petition, are suitable for appointment to this service. The petitioner apprehends that respondent 1 is l...
Wali and ors. Vs. Badal Khan
Court: Allahabad
Decided on: Feb-17-1966
Reported in: AIR1967All268; 1967CriLJ678
ORDERG. Kumar, J. 1. This is a revision by the accused who had been discharged by the Magistrate after hearing the prosecution evidence, the statement of the accused and the defence witnesses. Badal Khan, complainant, then went up in revision to the Sessions Judge, who set aside the judgment and order of the Magistrate and sent back the case to him for being admitted to its original number and for framing a proper charge against the accused; hence this revision by the accused as stated above.2. The case of the complainant was that on 14-9-1963 at about 6 p.m. he was returning home from his shop situate in mohalla Dariba in the town of Mainpuri. When the complainant reached near the flour mill of Chhote accused, all the 7 accused persons emerged from the mill premises and launched a concerted attack on him, with lathis. One of the accused Wali Ullah was further charged of having forcibly taken out a purse from the pocket of the complainant which contained a sum of Rs 100. On alarm being...
Shanker Lal and anr. Vs. Narendra Bahadur Tandon
Court: Allahabad
Decided on: Feb-17-1966
Reported in: AIR1967All405; [1967]37CompCas773(All)
Jagdish Sahai, J.1. This special appeal by leave granted by Bishambhar Dayal, J. is directed against his judgment dated 31-12-1959 dismissing with costs Second Appeal No. 485 of 1952, filed by the appellants, Shanker Lal and Pyare Lal, sons of one Lala Kundan Lal Agarwal.The facts giving rise to this special appeal in short are:In the City of Saharanpur lies the disputed plot (plot bearing Khasra No. 766 of Khewat No. 171). This plot belonged to Hulas Chand and Bilas Chand. In May 1930 these persons granted a permanent lease of this plot to the Patel Mills Ltd., who were to pay Rs. 75/- per year as rent. In the terms of the lease it was provided that the lease could use it for any purpose including the construction of building and that it would not be liable for ejectment, except that in the case of non-payment of rent for three consecutive years, the lease could be forfeited.On 1st November 1932 Hulas Chand and Bilas Chand sold their rights in the plot in dispute to Budh Sen and Jia L...
M. K. Brothers Private Limited Vs. Commissioner of Income-tax, U. P.
Court: Allahabad
Decided on: Feb-16-1966
Reported in: [1967]63ITR28(All)
M. C. DESAI C.J. - This is a statement of a case referred by the Income-tax Appellate Tribunal, Allahabad Bench, under section 66(1) of the Income-tax Act. There are two questions which this court has been called upon to answer, they being :'1. Whether, on the facts and on a true and proper interpretation of the agreement dated July 31, 1956, between the British India Corporation and the appellant-company, the letters of Sri Kailash Nath Agarwal and the letters of the managing director, the sum of Rs. 43,333 retained by the British India Corporation and adjusted by it to the credit of Sharma & Co. was the assessable income of the applicant-company ?2. Whether, on the facts and circumstances of the case, the sum of Rs. 43,333 represented an expenditure under section 10 ?'The facts as stated by the Tribunal are thes : The assessee is a private limited company, one of its directors being Kailash Nath Agarwal. The British India Corporation Limited owns a number of mills or branches, one be...
Smt. Gulab Dei Vs. Chief Inspector of Stamps
Court: Allahabad
Decided on: Feb-14-1966
Reported in: AIR1967All153
S.S. Dhavan, J.1. This is an appeal from an order of the Second Additional Civil Judge, Allahabad accepting the Government Stamp-Reporter's contention that the applicant's plaint in the suit was insufficiently stamped and requiring her to make good an alleged deficiency of Rs. 2729.50 on pain of dismissal of the suit.2. The appellant filed a suit for the partition of her half share in property which she alleged to be joint. She is the widow of a deceased coparcener and the defendants in the suit are that coparcener's widow (appellant's devarani) and her sons. One of the defendants alleged in the written statement that the appellant was not entitled to any share as her deceased husband had left a will in favour of his brother. The appellant in her replication alleged that her husband had executed no will and if the defendants had any alleged will in their possession it was a forgery. She pleaded in the alternative that it was invalid.3. Thereupon the Government Stamp Inspector intervene...
Uttar Pradesh Electric Supply Company Ltd. Vs. Assistant Labour Commis ...
Court: Allahabad
Decided on: Feb-11-1966
Reported in: (1966)IILLJ714All
G.C. Mathur, J.1. On 30 March 1961, respondent 3 (Har Prasad Pande) applied to the State Government under Section 6H (1) of the Uttar Pradesh Industrial Disputes Act, 1947, for the recovery of a sum of Rs. 5,612.50 as bonus on the basis of the award, dated 12 November 1959, of the Industrial Tribunal III, Uttar Pradesh, Allahabad, in Case No. 57 of 1958. After hearing the parties, the Assistant Labour Commissioner Issued a certificate to the Collector for recovery of Rs. 3,162.50 from the petitioner-company. It is against issue of this certificate under Section 6H (1) of the Act that this writ petition is directed.2. One of the points raised in the petition Is that the Assistant Labour Commissioner had no Jurisdiction to entertain the application under's. 6H (1) and to Issue the certificate. Along with the counter-affidavit filed by Sri Karuna Shankar Srivastava, Assistant Regional Conciliation Officer, Allahabad, Is annexed, as annexure B, an order of the State Government delegating I...
Town Area Committee Vs. N.L. Churaman and ors.
Court: Allahabad
Decided on: Feb-09-1966
Reported in: AIR1966All370
Desai, C.J. 1. This appeal has been referred by my brothers Bishambhar Dayal and Seth to a larger bench because they felt that a certain decision of this Court requires reconsideration. It arises out of a suit brought by the respondents against the appellant for a declaration and injunction. 2. The allegations contained in the plaint were as follows: The respondents are permanent residents of places outside the limits of the Town Area of Sirsaganj and are employed as teachers in Intermediate Colleges of Sirsaganj. They temporarily reside within the limits of the Town Area in Sirsaganj in connection with their employment; they do not own any property yielding income or carry on any trade or profession or earn any income within the limits of the Town Area. The Town Area Committee levies Circumstances and Property Tax under Section 14(1)(f) of the Town Areas Act. The two colleges are situated outside the limits of the Town Area. The respondents are not liable to be assessed to the Circums...
Radhey Shyam Vs. Beni Ram Mool Chand
Court: Allahabad
Decided on: Feb-08-1966
Reported in: AIR1967All28
B. Dayal, J. 1. This is a plaintiff's second appeal which has been referred to this Division Bench by a learned Single Judge of this Court as an important question of law was involved therein.2. The plaintiff filed the present suit for the recovery of Rs. 1,527-8-0 on the allegation that the firm Agarwal Glass Works which was carrying on the business of manufacturing and selling glass phials at Harduaganj District Aligarh sold glass phials worth Rs. 2,700 to the defendant, who gave a cheque for the said amount of Rs. 2,700 on the 4th of October, 1948 on the Hindustan Commercial Bank but the cheque was dishonoured. The plaintiff then demanded the money from the defendant who paid only Rs. 1,506. The plaintiff therefore, filed a suit for the recovery of the balance together with interest thereon at six per cent per annum in the Court of the Munsif of Koil district Aligarh on the 24th of February, 1950 In the plaint, it was alleged that the transaction had taken place at Harduaganj within...
Ram Lal Vs. State of U.P.
Court: Allahabad
Decided on: Feb-07-1966
Reported in: 1966CriLJ1104
ORDERM.H. Beg, J.1. The applicant has been prosecuted on a charge framed as follows:That, you on or about the 12th day of November, 1963, at 9-30 a.m. in Kaptanganj town within police circle Maharajganj were found in possession of four bags of sugar for which you had no permit granted by the District Magistrate, Azamgarh, and, thereby, contravened the provisions of Section 6 of the U.P. Sugarcane Control Order, 1963, punishable under Clause 9 of Section 125 of the Defence of India Rules, 1962, within my cognizance.It is alleged that the applicant was found transporting 203, Kgs. of sugar on the 12th November, 1963, at about 9-30 a.m. in Kaptanganj town in the District of Azamgarh. The driver of the Ekka, on which the sugar was being transported, and the applicant, who had engaged the Ekka were prosecuted, as the sugar was in excess of one quintal which a person could possess without a permit granted by the District Magistrate. A first class Magistrate of Azamgarh not only convicted the...
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