Allahabad Court January 1970 Judgments
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ShamsuddIn Vs. Abbas Ali
Court: Allahabad
Decided on: Jan-19-1970
Reported in: AIR1971All117
ORDERK.B. Srivastava, J.1. This civil revision by Shamsuddin is directed against the order of the Civil Judge, Mohanlalganj, Lucknow allowing the objection of the opposite party Abbas Ali under Order 21. Rule 101. Civil P. C. It arises out of the following facts.2. One Mohammad Jafar made a mortgage of five shops on the ground floor and two shops on the first floor situate at Sanitary Road, in Mohalla Maulviganj, in the city of Lucknow. Abbas Ali enforced the mortgage against Mohammad Anwar, Ashraf Jahan Begam and Masooma Begum, son, daughter and widow respectively of Mohammad Jafar, after the latter's death. He obtained a decree for sale and purchased the morttaged property at a Court sale held on December 13, 1955. A warrant for delivery of possession was issued and possession was delivered to him on November 5, 1957 under the provisions of Order 21, Rule 36, Civil P. C., as the various shops were in the possession of tenants. Subsequently, Sultan Jahan Begum instituted Regular Suit ...
Bhondoo and ors. Vs. Udatoo
Court: Allahabad
Decided on: Jan-16-1970
Reported in: AIR1970All307
B.S. Pathak, J.1. This is a defendant's appeal arising out of a suit for an injunction.2. The suit was brought on the allegation that the plaintiff had been taking water to his field through a Gool which passed through two plots belonging to the defendants, that the defendants had demolished a portion of the Gool and thus stopped the water flowing to the plaintiff's fields. The plaintiff prayed for a permanent injunction restraining the defendants from interfering with his taking water to his field through the said Gool.3. The suit was contested on the ground that no Gool at all passed through the said plots and there was no right in the plaintiff to receive water passing through the defendants' fields.4. The suit was decreed by the trial Court and a perpetual injunction was granted in the terms prayed for by the plaintiff. The defendants appealed. The learned Civil & Sessions Judge modified the decree of the trial Court in so far that a mandatory injunction was granted directing the d...
Mst. Chandra Kali Vs. Sitaram and ors.
Court: Allahabad
Decided on: Jan-16-1970
Reported in: AIR1971All236
ORDERH.C.P. Tripathi, J. 1. Writ Petition No. 439 of 1965 and Writ Petition No. 440 of 1965, in which the parties are the same, are directed against the orders of the Settlement Officer, (Consolidation) dated 25-2-64 and that of the Deputy Director of Consolidation dated 7-9-64.2. Mr. U.K. Misra, learned counsel for the contesting respondent, has raised a preliminary objection to the maintainability of these petitions. It is urged that, as the connected writ petition no. 177 of 1965, between the same parties, challenging the validity of the aforesaid decisions of the Settlement Officer and Deputy Director of Consolidation had already been dismissed by this Court on 28-11-69, the impugned orders have become final and these petitions in which the validity of the same order was challenged are not maintainable. Reliance is placed by the learned counsel on a decision of the Supreme Court in the case of Sheodan Singh v. Daryao Kunwar, AIR 1966 SC 1332.3. Sri B.B. Singh, learned counsel for t...
Moti Lal Padampat Sugar Mills Co. (P.) Ltd. Vs. Commissioner of Wealth ...
Court: Allahabad
Decided on: Jan-15-1970
Reported in: [1970]77ITR583(All)
Pathak, J. 1. The Appellate Tribunal has referred the following question :' Whether, in computing the net wealth of the assessee for the assessment years 1957-58, 1958-59 and 1959-60, the amount of the provision for payment of income-tax and super-tax in respect of assessments not completed till the respective valuation dates was deductible '2. In assessment proceedings under the Wealth-tax Act for the assessment years 1957-58, 1958-69 and 1959-60, the assessee claimed that an amount provided by it on account of income-tax and super-tax apprehended for a period prior to the date of valuation should be treated as a debt owed by the assessee on the respective valuation dates and that, therefore, the said amounts should be deducted from the valuation of the assets in computing the net wealth of the assessee. The claim was rejected by the Wealth-tax Officer and thereafter, on appeal by the Appellate Assistant Commissioner of Wealth-tax. The Appellate Tribunal, on second appeal by the asses...
Gulabchand Munishkisore Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Jan-13-1970
Reported in: [1970]26STC205(All)
1. This is an application under Section 11 (4) of the U.P. Sales Tax Act, 1948.2. On 31st March, 1963, the Sales Tax Officer, Banda, passed an ex parte assessment order against the assessee for the assessment year 1958-59. The assessee made an application for setting aside the ex parte assessment order. The Sales Tax Officer was satisfied with the cause shown for the absence of the assessee and on 17th June, 1963, set aside the ex parte assessment order. The Commissioner of Sales Tax felt aggrieved and filed a revision. The Additional Judge (Revisions), Sales Tax, on 5th August, 1966, allowed the revision. He set aside the order restoring the case and at the same time in exercise of his suo motu powers, set aside the original assessment order dated 31st March, 1963, as well and remanded the case for fresh assessment. Aggrieved, the assessee made an application for reference which' has been rejected.3. In the present application, the assessee wanted eight questions to be referred but at...
Om Prakash Vs. Divisional Superintendent, Northern Rly.
Court: Allahabad
Decided on: Jan-12-1970
Reported in: AIR1970All440
Oak, C.J. 1. This reference to a Full Bench arises out of a writ petition filed by a former railway employee. Om Pra-kash was an employee of Northern Railway. On 6-3-1961 he was removed from service by the Divisional Superintendent, Northern Railway. Lucknow. Om Prakash filed in this Court in March, 1961 the writ petition challenging the order of removal He also filed an appeal to the Chief Mechanical Engineer, Northern Railway. New Delhi against the order of removal. On 19-8-1961 the Divisional Superintendent, Lucknow informed the petitioner that the appeal had been dismissed by the Chief Mechanical Engineer, Northern Railway, New Delhi. 2. The petitioner applied to this Court for permission to implead the Chief Mechanical Engineer, Northern Railway, New Delhi and the Union of India as respondents Nos. 2 and 3 in the writ petition. Amendment was allowed on 3-7-1967. 3. Mr. Jagdish Swarup appearing for the respondents urged before a single Judge of this Court that the writ petition is ...
Shyam Lal Sharma Vs. Life Insurance Corporation of India and anr.
Court: Allahabad
Decided on: Jan-12-1970
Reported in: [1970]40CompCas611(All); [1971(21)FLR357]; (1970)IILLJ393All
V.G. Oak, C.J.1. By this petition under Article 226 of the Constitution a certain regulation framed by the Life Insurance Corporation of India (hereafter referred to as the ' Corporation ') has been challenged. Shyam Lal Sharma is the petitioner. The Corporation is respondent No. 1. The chairman of the Corporation is respondent No. 2.2. The Corporation was established under the Life Insurance Corporation Act, 1956 (hereafter referred to as 'the Act') with effect from the 1st of September, 1956. The petitioner is an employee of the Corporation. Section 49 of the Act has conferred on the Corporation power to make regulations. By virtue of that authority, the Corporation has made a number of regulations. Regulation No. 25 prohibits employees of the Corporation from participating in politics and standing for elections. According to the petitioner, regulation No. 25 violates a number of fundamental rights conferred on him by Article 19 of the Constitution, and is, therefore, void. The petit...
Farzand Ali Vs. Shaukat Ali and ors.
Court: Allahabad
Decided on: Jan-08-1970
Reported in: AIR1971All12; 1971CriLJ29
Sahgal, J.1. The Sub-Divisional Magistrate, Tanda, had before him a proceeding pending under Section 145 of the Criminal P. C. As the Magistrate was unable to decide as to which of the parties was in possession of the disputed property at the relevant time, he made a reference to the Civil Court under Section 146(1} of the Code of Criminal Procedure. The reference was decided by the Munsif of Akbarpur and he transmitted his finding thereon to the Sub-Divisional Magistrate. The Sub-Divisional Magistrate on receipt of that finding disposed of the proceeding before him in conformity with the decision of the Civil Court. Against that order of the Sub-Divisional Magistrate an application in revision was filed before the Sessions Judge, Faizabad. The Sessions Judge dismissed the application on the ground that in view of an authority of this Court, the finding of the Civil Court could not be challenged in revision not only against that particular finding, but also in revision against the fina...
Ram Kishan Dass Brij Mohan Lal Vs. the State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Jan-06-1970
Reported in: [1970]27STC312(All)
R.L. Gulati, J. 1. This is a petition under article 226 of the Constitution.2. In respect of the assessment year 1955-56 the petitioner which is a Hindu undivided family was assessed under the U.P. Sales Tax Act (hereinafter referred to as the 'Act') to the tax of Rs. 1,01,944-3-6 by the Sales Tax Officer, Sector I, Kanpur, by his order dated March 21/22, 1958. The petitioner had already paid a sum of Rs. 57,680-8-6. A notice of demand for the balance amounting to Rs. 44,263.69 was accordingly served upon the petitioner on 8th April, 1958. The petitioner preferred an appeal against the assessment order, but before the appeal was decided on 6th August, 1958, a certificate of recovery was issued by the assessing authority to the Collector, Kanpur, for the recovery from the petitioner as arrears of land revenue, the arrears of tax amounting to Rs. 44,263.69.3. On 5th January, 1959, the petitioner's appeal came to be disposed of and as a result of the appellate order the tax liability of t...
Arjun Singh Vs. Virendra Nath and anr.
Court: Allahabad
Decided on: Jan-02-1970
Reported in: AIR1971All29
Gangeshwar Prasad, J.1. This is a plaintiff's appeal and arises out of a suit for possession in respect of four shops and one third share in a house situate in Agra and for mesne profits. The following pedigree, which is not in dispute, will be of help in a proper appreciation of the facts of the case: DAYA RAM ____________________|____________________________________ | | | Lachman dead Balwant Dal Chand= Mst. Kaushaya | | ______________|_________________ | | | | Nathi Lal (dead) Panna Lal (dead) | | | _______________________________|________ | | | | Virender Nath Brijendranath | defendant no. 1 defendant no. 2 | | | | ________________________ ______________ |_______ | | | | | | | Narendra Sachendra Dharmendra Ravindra Nath Devendra Nath | | __________________________________________________ | | | | Kalawati Damodar Das Mst. Chameli (dead) (predeceased Dal Chand) =Ranchhordas =Pushpa Wati (dead) | | Arjunsingh (Plaintiff) Prem WatiIt would be seen that Dal Chand had a son, Damodardas,...
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