Allahabad Court January 1971 Judgments
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Saeed Ahmad Vs. Murli Dhar and anr.
Court: Allahabad
Decided on: Jan-20-1971
Reported in: AIR1971All331
ORDERH.N. Seth, J. 1. Sayeed Ahmad has filed this petition under Article 226 of the Constitution of India, praying that three orders, dated 1-1-1966, 20-1-1966 and 10-3-1966, passed by the Election Tribunal constituted under the U. P. Town Areas Act, be quashed. Copies of these orders have been filed as Annexures IV, VI and A to the writ petition. 2. Briefly stated, the facts leading to this petition are, that election for the office of Chairman Town Area Committee, Phalawda was held on November 29, 1964, in which the petitioner and respondent No. 2 Alim Uddin were the two contesting candidates. The petitioner having secured 1786 votes as against 1778 votes secured by respondent No. 2, was declared elected. Respondent No. 2 Alim Uddin then filed an election petition callenging the election of the petitioner under Section 8A (4-A) of the Town Areas Act. On 23rd December, 1964, election of the petitioner was challenged on several grounds. One of the grounds, as stated in paragraph 7 (iii...
Director of Education and anr. Vs. Rawat Prakash Pandey
Court: Allahabad
Decided on: Jan-19-1971
Reported in: AIR1971All371
Dwivedi, J.1. The respondent, RawatPrakash Pandey, was appointed as a temporary Assistant Master in the service ofthe U. P. Government in 1963. On July1, 1968 an order terminating his service onone month's notice was served on him.The legitimacy of this order is canvassedbefore us.2. The order does not profess to assign reasons for terminating his service. It is perfectly innocuous. But the respondent claims that its innocent appearance cannot pass muster of Article 19(1)(c) of the Constitution. We accept this claim.3. Admittedly the respondent's character roll is satisfactory. He has not received any adverse entry. But it is admitted before us that he is a member of the Rashtriya Swayam Sewak Sangh. It is, however, asserted that he had not been, indulging during service 'in any activity to which objection could be legitimately taken.' In paragraph sixteen of the petition it is said: 'The action of the Government in terminating the services of the (appellant) is mala fide in that the g...
Smt. Amina Khatoon and ors. Vs. Smt. Johra Bibi and ors.
Court: Allahabad
Decided on: Jan-19-1971
Reported in: AIR1971All372
Jagmohan Lal, J.1. This second appeal arises out of a suit for ejectment and recovery of arrears of rent filed by the plaintiff-respondents against Niyamatullah, predecessor of the defendant-appellants, who died during the pendency of the suit in the trial court and after his death the defendant-appellants were brought on record as his legal representatives. The property in dispute consisted of a house situate in the town of Pratapgarh which had been let out by the plaintiffs to Niyamatullah at the rate of Rs. 10/- per month. The tenant fell in arrears of rent for more than three months. Besides, the landlords required the house for their own residence and for this purpose they moved the District Magistrate for granting permission to sue the tenant under the provisions of Section 3 of the U. P. (Temporary) Control of Rent and Eviction Act The permission was granted. The landlords also sent a notice dated 24/25-8-1960 to the tenant by registered post requiring him to pay the ten months'...
Haji Abdul Hameed Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Jan-19-1971
Reported in: [1971]82ITR495(All)
V.G. Oak, C.J. 1. These are two connected references under Section 66 of the Indian Income-tax Act, 1922 (hereafter referred to as 'the Act'). These references raise a common question whether receipts in the hands of beneficiaries are to be treated as earned income or not. Haji Abdul Hameed and Haji Abdul Shakoor are the two assessees. The assessment years are 1957-58 to 1960-61.2. One Haji Lal Mohammad executed a deed of wakf in the year 1942. The beneficiaries under the deed of wakf were his two grandsons, Shakoor and Hameed. The property conveyed to the wakf consisted of a business in bidis. In the year 1947, Hameed became the sole rnutawalli. Under the deed of wakf, Hameed and Shakoor were each entitled to one-half share in the income from the business owned by the wakf. For the assessment year 1957-58 the income from the business was fixed at Rs, 2,70,868. The shares, of Hameed and Shakoor from this income came to Rs. 1,35, 434 each. The question arose whether this income in the h...
Shietla DIn and ors. Vs. the Executive Engineer and ors.
Court: Allahabad
Decided on: Jan-18-1971
Reported in: AIR1971All343
ORDERR.L. Gulati, J.1. This is a petition under Article 226 of the Constitution of India.2. The petitioners, seven in number, are all residents of village Sarivan-wan, in the district of Pratapgarh. The petitioners' allegation is that in the month of August, 1965, the right bank of Allahabad Branch of Sharda Canal was breached at a point about six furlongs away from village Sariyanwan. The breach is attributed by the petitioners to the negligence of the Canal Department as a result of which crops worth several hundreds were damaged of four villages including the village Sariyanwan by the gushing water which entered into the fields at great pressure. The petitioners state that they met the local M. L. A. and also Assistant Engineer Incharge of the Canal Sub-Division at Tehsil Kunda and sent written representations claiming damages and compensation for the loss caused to their crops. It has further been alleged that in the meantime the Canal authorities reported the matter to the police ...
Nirmal Singh and ors. Vs. Ahibaran and ors.
Court: Allahabad
Decided on: Jan-18-1971
Reported in: AIR1971All484
Jagmohan Lal, J.1. This second appeal arises out of an application made by the plaintiff-appellants under Section 12 of the U. P. Agriculturists Relief Act for redemption of a usufructuary mortgage dated 14-12-1929 in which two plots Nos. 42 and 54 of village Gutkamau Panch-sala, pargana Shahabad district Hardoi had been mortgaged by the predecessor-in-interest of the plaintiffs in favour of the predecessor-in-interest of the defendant-respondents in lieu of a sum of Rs. 1000/-. According to the plaintiffs' allegations the entire land had since been included within the limits of the town area Pali where the Zamindari had not been abolished by means of notification under Section 4 of the U. P. Zamindari Abolition and Land Reforms Act. As such the provisions of the U. P. Agriculturists' Relief Act including Section 12 thereof were still in force with regard to this mortgage. As the plaintiff-appellants were agriculturists within the meaning of that Act by virtue of their holding these pl...
ice and General Mills Vs. Income-tax Officer Overruled
Court: Allahabad
Decided on: Jan-18-1971
Reported in: [1972]83ITR34(All)
Pathak, J.1. The petitioner prays for a writ in the nature of certiorari against the notice under Section 148 of the Income-tax Act, 1961, dated July 14, 1967, and a writ in the nature of prohibition restraining the Income-tax Officer from taking proceedings pursuant to that notice.2. The petitioner carries on the business of the manufacturing of ice and the preservation of potatoes in cold storage. It was assessed to income-tax for the assessment year 1961-62 by an assessment order dated July 5, 1961. Subsequently, the Income-tax Officer issued a notice dated December 21, 1961, under Section 34(1)(a) of the Indian Income-tax Act, 1922, and upon the proceedings which followed made an assessment order dated December 22, 1965, The petitioner appealed against the assessment order and the appeal was allowed by the Appellate Assistant Commissioner of Income-tax on May 10, 1967. The Appellate Assistant Commissioner proceeded on the view that the notice under Section 34(1)(a) had been issued ...
Mahant Indresh Charan Das Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Jan-18-1971
Reported in: [1971]81ITR435(All)
Pathak, J. 1. The Revision Board, constituted under the U. P. Agricultural Income-tax Act, 1948, has referred the following question under Section 24(4) of that Act:'Whether, under the circumstances of the case, the property was held by the assessee under 'other legal obligations' wholly for religious or charitable purposes ?'2. A notice under Section 15(3) of the U. P. Agricultural Income-tax Act was served on Mahant Indresh Charan Das, Sajjada Nashin, Darbar Guru Ram Rai, requiring him to furnish a return of his total agricultural income for the year 1355 Fasli. The assessee replied that the agricultural income of the darbar was exempt from tax under Section 8 of the Act. The contention found favour with the assessing authority and the proceedings were dropped. Assessment proceedings pending for the years 1356, 1361, 1362 and 1363 F. were similarly closed. The assessing authority who took proceedings for the years 1357 to 1360 F., however, adopted a different view and held the assess...
The State of U.P. Vs. Shamsul Huda
Court: Allahabad
Decided on: Jan-18-1971
Reported in: 1971CriLJ977
K.C. Puri, J.1. This appeal has been preferred by the State of Uttar Pradesh against the judgment and order dated 8-11-1968 passed by the Civil and Sessions Judge, Pratapgarh acquitting the respondent Shamsul Huda who was tried of offence Under Section 14 of the Foreigners Act and who had been convicted by the trial court of the said of-fence and was awarded two years' rigorous imprisonment.2 Shamsul Huda according to the prosecution was a Pakistani national and had come to India on 5-4-1963 on a Pakistani passport dated 3-4-1963. On arriving in India he obtained permit for staying here upto 4-5-1963. On 29 4-1963 the said respondent got an entry recorded at P. S. Jethwara to the effect that he was going back to Pakistan on that day but he lingered on his stay in India even thereafter. It was, therefore, that he was prosecuted Under Section 14 of the Foreigners Act and was convicted and sentenced by the trial court as mentioned heretofore but his appeal was allowed by the Civil and Ses...
Harmal and anr. Vs. State
Court: Allahabad
Decided on: Jan-15-1971
Reported in: 1971CriLJ1215
M.H. Beg, J.1. The appellants, Harmal and Mata Prasad, have been convicted by the Sessions Judge of Saharanpur Under Section 201, IPC and sentenced to four years' R.I. and to pay a fine of Rs. 500/- each, and, in default of payment of fine, to undergo nine months' further R.I. They were tried for the murder of a man called Hukain Chand living in a part of village That which is inhabited mainly by Harijans, The murdered man was a Jat and the two appellants are Harijans.2. A summary of the first information report lodged at police station Manglore, ten miles from village Thoi, at 8.11 p.m., on 30-10-1967, may be usefully given here because the learned Counsel for the appellants has argued that the appellants, who were acquitted of murder, could not even be convicted of an offence punishable Under Section 201, IPC as, among other reasons, the F.I.R. itself shows that the cropse of the deceased had actually been found before the F.I.R. was lodged and that there was no eye witnesses of eith...
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