Allahabad Court May 1969 Judgments
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Lala Ram and anr. Vs. Bhajani
Court: Allahabad
Decided on: May-09-1969
Reported in: AIR1970All398
G.C. Mathur, J. 1. Lala Ram applicant No. 1 obtained a simple money decree against Bhajani, opposite party. In execution of the decree, some Bhumidhari land of the Judgment-debtor was attached. On May 25, 1963, the Munsif (executing Court) ordered the issue of the sale proclamation, fixing September 14, 1963, for the sale. On May 27, 1963, the warrant of sale was issued, directing the Amin to sell the attached property by auction. The Amin was directed to return the warrant by September 16, 1963, with an endorsement certifying the manner in which it had been executed. The Amin held the auction on September 14, 1963. The highest bid of Girraj applicant No. 2 of Rs. 1,200/- was accepted by the Amin and on the same date, Girrai denosited with the Amin a sura of Rs. 300/-. being 25 per cent of the purchase money. The Amin then returned the warrant together with his report to the Munsif and on September 16, 1963, the Munsif passed an order 'bid is approved'. On October 15, 1963, the judgmen...
J.K. Manufacturers Ltd. (Formerly J.K. Cotton Manufacturers Ltd.) Vs. ...
Court: Allahabad
Decided on: May-08-1969
Reported in: AIR1970All362; [1970]26STC310(All)
Pathak, J.1. I have had the benefit of perusing the Judgment prepared by my brother Beg, J. and I agree with the order proposed by him.2. I agree that the preliminary objection raised by the respondents on the ground that the petitioner should be referred to his statutory remedies under the U.P. Sales Tax Act should be rejected. The writ petitions were filed against the assessment orders and while they were pending the petitioner also filed appeals against these assessment orders. The appeals were dismissed as being defective. The writ petitions were amended to include a prayer for relief against the appellate orders. One of the grounds taken in these cases before us is that Rule 12-A is ultra vires. That is a ground which cannot be entertained by the authorities constituted under the U.P. Sales Tax Act. In Behari Lal Shyam Sunder v. Sales Tax Officer, Cuttack (1966) 17 STC 508 (SC) the imposition of sales tax was challenged on the ground that a rule was ultra vires, and the Supreme Co...
Hira Lal Jagarnath Prasad Vs. Commissioner of Income-tax and ors.
Court: Allahabad
Decided on: May-08-1969
Reported in: [1969]74ITR732(All)
Jagdish Sahai, J. 1. Messrs. Hira Lal Jagarnath Prasad (hereinafter referred to as the petitioner) has sought a writ of certiorari from this court to quash the communication (wrongly described as order) issued on behalf of the Commissioner of Income-tax, Lucknow, refusing to allow interest on the amount due to the petitioner by way of refund of excess income-tax paid by him. Admittedly, the petitioner paid large sums of money by way of income-tax under an assessment order. It challenged successively the assessment order in an appeal before the Appellate Assistant Commissioner and then by a second appeal before the Income-tax Appellate Tribunal. This also did not succeed. Thereafter, at the instance of the assessee, a reference was made to this court under Section 66(1) of the Act. Thereference was answered in favour of the petitioner by this court on November 1, 1966. The Income-tax Appellate Tribunal passed the order under Section 66(5) of the Act on June 6, 1968, in conformity with t...
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