Allahabad Court September 1967 Judgments
ishwar Pratap Gautam Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Sep-30-1967
Reported in: (1969)ILLJ5All
Satish Chandra, J.1. This petition under Article 226 of the Constitution prays that the order dated 6 March 1967 expelling the petitioner from the Police Training College he quashed.2. On 31 July 1964, the State Government issued a circular to all heads of departments in this State stating that the Government have decided to give concession to bona fide displaced goldsmiths for purposes of appointment to services and posts under the State Government, recruitment to which is made otherwise than through the Public Service Commission. One of the concessions given was that the upper age-limit in their case shall be relaxed up to the extent of five years. Persons desirous of having these concessions were to produce identification certificates from the tahsildar concerned in the prescribed form. A copy of the form was annexed to this circular. The petitioner applied for selection to the Police Training College. He filed a copy of the certificate granted by the tahsildar along with his applic...
Tag this Judgment!Bhagwan Dayal Piarey Lal Vs. the State
Court: Allahabad
Decided on: Sep-22-1967
Reported in: AIR1968All290; 1968CriLJ1028
ORDERPuri, J. 1. Bhagwan Dayal has submitted this criminal revision petition against the judgment and order dated the 18th of March, 1966, passed by the Temporary Civil and Sessions Judge, Hardoi, upholding the petitioner's conviction for offences under Section 411, Indian Penal Code, and under Section 25(1)(a), Arms Act, and maintaining the concurrent sentences of 18 months' rigorous imprisonment and one year's rigorous imprisonment awarded to him: vide the judgment and order dated the 3rd of November, 1965, passed by Sri Uma Shanker Pandey, Magistrate, Hardoi. 2. A double barrel gun belonging to one Risheswar Singh was said to have been stolen on the night between the 8th and 9th of September, 1984 from his house in his absence. The theft of the said gun was claimed to have taken place when Rati Bhan Singh P. W. 1, the brother of Bisheshwar Singh, was sleeping inside the house and found that some persons had trespassed into that house at night and were removing away the gun therefrom...
Tag this Judgment!Divisional Manager and ors. Vs. Shri Sharif Ahmad Nagrami
Court: Allahabad
Decided on: Sep-21-1967
Reported in: AIR1968All422; (1969)IILLJ470All
Jagdish Sahai, J.1. This special appeal is directed against the judgment of Oak, J. (as he then was) dated 9-10-1961, allowing writ petition No. 3164 of 1958 filed by the respondent, Sri Sharif Ahmad Nagrami (hereinafter referred to as Nagrami).2. Nagrami was in the service of the New India Insurance Company Limited, Bombay, as an Inspector, After the enforcement of the Life Insurance Corporation Act, 1956, the business of the aforesaid company was taken over by the Life Insurance Corporation of India (hereinafter referred to as the Corporation). The petitioner thereafter came in the employment of the Corporation. He was prosecuted before a Magistrate Ist Class for offences punishable under Section 406 I.P.C. The Magistrate convicted him underSection 406, I. P. C. and sentenced him to pay a fine of Rs. 500 in default to suffer imprisonment for one year. On 26-2-1957 the Divisional Manager dismissed Nagrami from service. On 5-3-1957 Nag-rami informed the Corporation of his acquittal and...
Tag this Judgment!JaIn Glass Works (Private) Ltd. Vs. Assistant Labour Commissioner, Agr ...
Court: Allahabad
Decided on: Sep-21-1967
Reported in: (1968)IILLJ160All
S.D. Khare, J.1. This is a petition under Article 223 of the Constitution of India and the prayer is that the proceedings for we recovery of Rs. 4,082-5-8 from the petitioner-company under Section 6H (1) of the Uttar Pradesh Industrial Disputes Act. 1947 (hereinafter referred to as the Act), including the warrant of attachment issued by the Subdivisional Magistrate, Firozabad, be quashed by a writ in the nature of certiorari.2. The undisputed facts leading to this writ petition briefly stated are that the petitioner is Jain Glass Works (Private), Ltd., Company, Harangau, Agra, incorporated under the Indian Companies Act, 1956, and carries on the business of manufacture and sale of various kinds of glasswares and has its glass factory at Harangau, Firozabad, district Agra. During the period between March 1960 and May 1961, the petitioner-company. for one reason or the other, had to lay off some workmen from time to time. One hundred and sixty-nine workmen of the petitioner-company moved...
Tag this Judgment!Sales Tax Officer Vs. Official Liquidator
Court: Allahabad
Decided on: Sep-15-1967
Reported in: [1968]38CompCas430(All); [1968]21STC470(All)
J.N. Takru, J. 1. The Sales Tax Officer, Kanpur, has filed this application under Rule 164 of the Companies (Court) Rules, 1959, appealing against the decision of the official liquidator refusing his claim.2. It is not disputed that on the application of the Registrar of Companies, U.P., dated the 24th of May, 1962, an order for the winding-up of M/s. Northern India Oil Industries was made by this court on the 7th August, 1963. The appellant filed a claim for Rs. 22,468.88 against the said company before the official liquidator on account of the arrears of sales tax (both Central and State) due from the former as per the following details:--Date of assessment orderAssessment YearsTotal amount of tax assessedTax paidAmount of tax in arrearsRemarks12345621.11.19551954-5514,062.506,813.087,249.42U.P.S.T. Act31. 8.19571955-561,208.33997.02211.31Do.20. 5.19581956-57324.78324.730.05Do.9. 1.19601957-5885.2278.726.50Do.26. 9.19601958-592,291.002048.21242.79Do.26. 9.19601958-59668.81-668.81Cent...
Tag this Judgment!Agrawal Pathshala Mohalla Mandi Bans, Moradabad Vs. Karim Bux and ors.
Court: Allahabad
Decided on: Sep-14-1967
Reported in: AIR1969All139
ORDERS.N. Singh, J.1. This revision is directed against an order rejecting the objection under the proviso to Order 21, Rule 58 C. P. C.2. It appears that the property in dispute was attached on 6th January 1964 and an objection to this attachment was filed on 31st January 1964 by the petitioner Agrawal Pathashala. After the filing of this objection notice was issued and in pursuance of that notice on 4th April 1964 an objection was filed on behalf of the decree-holder. Thereafter the case was listed on various dates and the same could not be taken because of other work. For some time the case could not be disposed of because of the death of one of the judgment-debtors and pendency of substitution application. More than two years after when the case was taken up on 13th August 1966 the learned Munsif issued notice to the petitioner to show cause why the objection be not dismissed under the proviso to Order 21, Rule 58 C. P. C. The proviso is as follows:--'Provided that no such investig...
Tag this Judgment!Bharat General and Textile Industries Ltd. Vs. Muir Mills Co. Ltd. and ...
Court: Allahabad
Decided on: Sep-13-1967
Reported in: [1968]38CompCas533(All)
J.N. Takru, J.1. This petition by M/s. Bharat General and Textile Industries Ltd., under Section 439 of the Companies Act, seeks the grant of an order for the winding-up of Messrs. Muir Mills Co., Ltd.--the opposite party--on the ground that it failed to pay the former's dues amounting to over one lakh of rupees, despite notice, and waiting for the statutory period under Section 434(1)(a) of the Companies Act.2. It is unnecessary to set out the allegations on which this winding-up petition is based, since it is likely to fail on the preliminary objection--to be indicated presently--of the opposite party. I shall, therefore, mention only such of the facts as are relevant for the appreciation of the preliminary objection. It is common ground that the aforesaid petition was filed on the 15th November, 1965, and notice was issued on it on the 22nd November, 1965. Thereafter, on the 22nd December, 1965, the Central Government passed an order under Section 18E of the Industries (Development ...
Tag this Judgment!Rama Shankar Vs. Mst. Hubraji and ors.
Court: Allahabad
Decided on: Sep-13-1967
Reported in: AIR1969All407
Jagdish Sahai, J.1. This special appeal is directed against the judgment of V. G. Oak, J. (as he then was) dated 20-4-1962, allowing writ petition no. 3584 of 1958.2. The plots in dispute in this case are situate in village Hansrajpur, district Allahabad, It is under consolidation operations. Before the village was notified for consolidation operations under section 4 of the U. P. Consolidation of Holdings Act (hereinafter referred to as the Act), a revenue suit had been filed in the court of the Assistant Collector 1st class by Smt. Hubraji, the respondent to this special appeal and the petitioner in the writ petition mentioned above. One of the allegations of Smt. Hubraji was that she was the Bhumidhar of the disputed plots.3. The learned Assistant Collector, therefore, remitted an issue to that effect to the Court of the Munsif (East), Allahabad for decision. The Munsil recorded his finding on that issue on 24-7-1957 holding that Smt. Hubraji was the Bhumidhar of the plots in disput...
Tag this Judgment!JagnaraIn Singh Vs. State of U.P.
Court: Allahabad
Decided on: Sep-13-1967
Reported in: AIR1968All388; 1968CriLJ1457
ORDERRajeshwari Prasad, J. 1. These petitions in revision were filed before the learned Sessions Judge, Varanasi by different persons. These petitions were numbered in that Court as Criminal Revisions Nos. 82, 83, 84, 80, 86 and 87 all of 1965. Sri Abu Saad, IInd Additional District and Sessions Judge, Varanasi accepted the contention made before him by the revisionists and proceeded to make reference to this Court in all the six cases by similar orders. All the six references made to this Court can, therefore, conveniently be disposed of by a common order. 2. In exercise of powers conferred by Clause 18 of the U. P. Food Grains (Control, Requisition and Distribution) Order, 1963, the Food Officers of the Superintendent of Police made raids in the houses of the petitioners AS well as the houses of about 35 other persons. Such raids were made on or about 26th September 1964. Quantities of rice, paddy, wheat and etc., were seized from the houses of the petitioners and others, as it was f...
Tag this Judgment!Ram Gopal Gupta Vs. Assistant Housing Commissioner and ors.
Court: Allahabad
Decided on: Sep-12-1967
Reported in: AIR1969All278
V.G. Oak, C.J.1. By this petition under Article 220 of the Constitution the petitioner has challenged certain proceedings under the Uttar Pradesh Industrial Housing Act, 1955 (U. P. Act No. 23 of 1955, here-after referred to as the Act or the U. P. Act). The petitioner is an employee in the Central Ordnance Department, Kanpur and is an industrial worker. He was allotted one house in the Industrial Colony, Babspurwa, Kanpur on a monthly rent of Rs. 10. He received from the Housing Commissioner a notice demanding excess water charge. The petitioner made a representation that he was not liable to pay excess water charges. The representation was rejected. On 23-8-1960 the Assistant Housing Commissioner issued a notice to the petitioner demanding Es. 30 on account of rent and Rs. 12.66 towards excess water charges. The same day the Assistant Housing Commissioner issued another notice to the petitioner cancelling the allotment in his favour, and ordering him to vacate his house within one mo...
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