Allahabad Court April 1967 Judgments
Jamna Lal Kabra Vs. Income-tax Officer, B Ward, Bareilly, and Others.
Court: Allahabad
Decided on: Apr-28-1967
Reported in: [1968]69ITR461(All)
The petitioner is a Hindu undivided family consisting of two members, Jumna Lal and Gopal Rai, Jumna Lal being the karta of the family. The petitioner owned a residential house and a dal mill at Kalibari. It carried on the business of manufacturing dal and also earned income from speculation and commission agency. On April 16, 1959, the last date of the Ram Naumi year, relevant to the assessment year 1959-60, it is said that a partial partition of the business carried on by the petitioner was effected, the residential house property and the dal mill at Kalibari were left intact in the ownership of the petitioner. The business so far carried on by the petitioner was apparently taken over by a partnership firm, Messrs. Jumna Lal Gopal Rai. The income from the business for the previous relevant to the assessment year 1960-61 was assessed in the hands of the partnership firm, which was granted registration under section 26A of the Indian Income-tax Act, 1922. Similar assessments were made ...
Tag this Judgment!Kunwar Bahadur Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Apr-27-1967
Reported in: AIR1969All414; 1969CriLJ1011; (1968)IILLJ16All
Oak, J.1. The following question of law has been referred to this Full Bench:'Would the provisions of Article 311(2) of the Constitution of India apply to the case of the appellant in the circumstances of the present case?'2. The facts of the case are these. Kunwar Bahadur was employed as a clerk in the Evacuee Property Department. On 17-5-1956 he was convicted by a Special Judge (Anti-Corruption) for taking a bribe. On 21-5-1956 the Deputy Custodian of Evacuee Property, Allahabad passed an order terminating Kunwar Bahadur's services with effect from 17-5-1956. No opportunity to show cause as provided in Article 311(2) of the Constitution of India was given to him before passing the order dated 21-5-1956. Kunwar Bahadur appealed against the order of conviction. The appeal was allowed by this Court on 9-4-1957. Kunwar Bahadur instituted a suit in the Court of the Civil Judge, Allahabad for a declaration that the order of removal of the plaintiff from service is void, and the plaintiff c...
Tag this Judgment!Jhansi Electric Supply Co. Ltd. Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Apr-25-1967
Reported in: AIR1968All135; [1968(16)FLR147]
ORDERK.B. Asthana, J. 1. The petitioner before me is Messrs. Jhansi Electric Supply Co. Ltd. which is a public Limited Company incorporated under the Indian Companies Act. Its registered office is situated at 359. Civil Lines, Jhansi. The said Company ran an Electric Supply Undertaking in the town of Gorakhpur under a licence granted by the Government of U.P. for supply of electricity to the consumers in the town. In that connection it has its offices in Gorakhpur and one of the premises which the said Company had taken on rent was Nawal Kishore Buildings situate at Mohalla Purdilpur and bplonginf1 to one Smt. Sudha Agrawal.With effect from 1st November 1963 the licence of the said company for supply of electricity in Gorakhpur stood revoked and the Undertaking was taken over by the U.P. Electricity Board Thereupon a skeleton office was kept by the said company at Gorakhpur for completing the formalities in connection with the handing over of the assets and for realisation of its dues ...
Tag this Judgment!Subhwanti Vs. State and anr.
Court: Allahabad
Decided on: Apr-19-1967
Reported in: AIR1968All214; 1968CriLJ727
S.D. Khark, J.1. This is a reference made by the Temporary Sessions Judge, Varanasi, recommending that the order passed by the Magistrate on 4-1-1965 dismissing an application under Section 488 Cr. P. C. be set aside and the case be sent back to the Magistrate for disposal in accordance with law. A learned Single Judge of this Court, while admitting the reference, expressed the view that it was not at all clear whether the revisional jurisdiction of the High Court under Section 439 Cr. P. C. could be exercised to correct an error in the order passed under Section 488 Cr. P. C. However, inasmuch as such a revision application had been entertained in the case of Shamsher Khan v. Sm. Siddiqunnisa, AIR 1953 All 720 he admitted the reference but directed that the papers be laid before the Hon'ble the Chief Justice for getting the matter decided by a Division Bench of this Court. That is how the case has come before us.2. The undisputed facts of the case leading to this reference, briefly st...
Tag this Judgment!Smt. Israr Fatima Vs. Custodian Evacuee Property U.P., Lucknow and ors ...
Court: Allahabad
Decided on: Apr-19-1967
Reported in: AIR1968All232
G.D. Sahgal, J.1. This is a plaintiff's 2nd appeal whose suit for declaration to the effect that she and defendants. Nos. 7 and 8 (respondents Nos. 7 and 8) were the owners in possession of the suit property and that the other defendants had no title or interest therein stands dismissed in the first appeal by the District Judge of Barabanki, it having been decreed by the Munsif of Barabanki in whose court it was instituted.2. Smt. Israr Fatima, the plaintiff-appellant, is related to defendants-respondents Nos. 7 to 9 as would appear from the following pedigree: MUBARAK HUSAIN | --------------------------------------------------------------- | | Ziaul Huain Shifaul Husain | (Died Issueless) | ---------------------------------------------------------------------- | | |Wafau Husain Rifauj Husain. Mst. Israr Wajahat (Defdt. 7) (Defdt. 8) Fatima Husain (Plaintiff) (evacuee) (Defdt. No. 9)the property belonged toHer case was that the property belonged to Ziaul Husain and Shifaul Husain the t...
Tag this Judgment!Mohd. Maroof Vs. State Through Collector and anr.
Court: Allahabad
Decided on: Apr-18-1967
Reported in: 1969CriLJ533
ORDERS.N. Katju, J.1. This is a reference by the Sessions Judge of Jaunpur arising out of an application made by Smt. Sultan Jahan alias Rehana against her husband Mohmmad Maroof under Section 488 of the Code of Criminal Procedure.2. It was alleged by the applicant that she was married to Mohammad Maroof on 20.10.1960 and lived with him as his wife till 1962, She was taken by Mohammad Maroof to the house of her mother in village Bharauli at the end of 1962 but he went away after residing with her at that place for three or four days. She gave birth to a son in October 1961. It was further alleged by her that thereafter Mohammad Maroof came to her for a couple of hours, but had not visited her for about a year. He had not paid any maintenance allowance to her or to her child since she came at Bharauli in 1962. It was further alleged that Mohammad Maroof has 70-75 bighas of land and was the manager and partner in a brickkiln. She claimed Rs. 100 for herself and Rs. 25 for her son by way ...
Tag this Judgment!Gaya Prasad and ors. Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Apr-15-1967
Reported in: (1968)IILLJ477All
K.S. Asthana, J.1. There eight writ petitions under Article 226 of the Constitution are being disposed of by a common judgment as they involve similar questions of fact and law. The eight individual petitioners, with effect from different dates between the year 1959 and 1960, were employed by the administration of the Northern Railway as class IV employees for serving as loco cleaners. According to the petitioners, they got their appointments as loco cleaners and were posted at various stations after they had undergone all the formalities of selection and after having passed the medical test. The petitioners no doubt served the railway administration in the capacity of loco cleaners. In respect of each of them proper service records were maintained by the railway administration and their salary were fixed in accordance with the prevailing scales of pay. In the third year of their appointment each one of them underwent, what is described as periodical medical re-examination, and accordi...
Tag this Judgment!Rajendra Prasad Agrawal Vs. Smt. Abnash Kaur and anr.
Court: Allahabad
Decided on: Apr-12-1967
Reported in: AIR1968All347
ORDERSatish Chandra, J. 1. This petition under Article 226 of the Constitution prays that the District Judge, Saharanpur, be directed not to pay the amount of Rs. 57,865 to the first respondent. 2. The matter arises out of proceedings for guardianship of the property of Kamal Kishore, minor son of the deceased Seth Shiv Prasad. Seth Shiv Prasad died in May 1957 leaving 7 sons from his first wife and from his second wife Smt. Abnash Kaur one minor son Kamal Kishore. At first one Indra Sen filed an application in 1960 before the District Judge, Saharanpur, for appointment as the guardian of the properties of the minor. That was dismissed on 10th March, 1962 whereafter the present petitioner made another application for the same purpose. During the pendency of these proceedings the petitioner made an application to the District Judge for directing that the dividends payable to the minor by Lord Krishna Sugar Mills be deposited in his Court. The District Judge passed orders accordingly. Fo...
Tag this Judgment!Sardar Bhagat Singh Pahal Vs. Commissioner of Income-tax, U. P. and Ot ...
Court: Allahabad
Decided on: Apr-12-1967
Reported in: [1968]70ITR342(All)
The petitioner was assessed to income-tax for the assessment years 1958-59 to 1962-63, by the Income-tax Officer, 'C-I' Ward Bombay The income from two sources of business, a cinema business and a labour contract business, was considered for the purpose of assessment, for all the years except the assessment year 1962-63, when the labour contract business was discontinued. As the petitioner did not produce any books of account in respect of either business, the Income-tax Officer estimated the income from each source, in respect of each assessment year, taking a net profit of 30 per cent. before allowance for depreciation in respect of the cinema business and a net profit of 12 1/2 per cent. in respect of the labour contract business, and made the several assessment. The income so assessed was Rs. 27,733 for the assessment year 1958-59, Rs. 61,100 for the assessment year 1959-60, Rs. 40,322 for the assessment year 1960-61, Rs. 20,262 for the assessment year 1961-62, and Rs. 28,595 for t...
Tag this Judgment!Abdul Salam Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: Apr-10-1967
Reported in: AIR1969All223
S.S. Dhavan, J.1. This is a second appeal by Abdul Salam from the decree of the Additional Civil Judge, Aligarh, affirming that of the Additional Munsif, Augarh, dismissing his suit for permanent injunction to restrain the Union of India and the State of Uttar Pradesh from deporting him to Pakistan. The plaintiff-appellant alleged in his plaint that he was born in Aligarh and domiciled there at the commencement of the Constitution of India and is a citizen of India as defined in Article 5 of the Constitution; that in March 1950, there was an outbreak of serious communal disturbances at Aligarh and several other places in Uttar Pradesh which for some time completely paralysed the civil administration and during which the members of the minority community were subjected to great misery and trouble and their houses and other property were looted and burnt and there was an extensive loss of life; that these disturbances created a sense of insecurity in the mind of the minority community; t...
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