Allahabad Court January 1971 Judgments
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B.M. Tripathi Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: Jan-14-1971
Reported in: AIR1971All346
Jagmohan Lal, J. 1. The petitioner B. M. Tripathi was a temporaryemployee of the State Government, Uttar Pradesh, who was appointed on 21-12-1961 as a salesman at the Government U. P. Handicrafts show-room, Lucknow. After some time he was transferred in the same capacity to Gorakhpur showcase displayed at the railway station by the U. P. Government Handicrafts. While he was working there, his services were terminated with effect from 11-11-1964, (vide annexure 1 to the writ petition). On a representation made by the petitioner these orders were withdrawn by the Government, vide annexure 2 dated 21-12-1965, in which the petitioner was directed to join his duty as a salesman at Handicrafts show-room, Tajmahal, Agra. This order was received by the petitioner on 5-1-1966. The petitioner then sought some clarification from the Director of Industries, U. P., Kanpur, regarding the terms on which he was being reinstated after the withdrawal of the previous order relating to the termination of ...
AlauddIn Vs. Hamid Khan
Court: Allahabad
Decided on: Jan-13-1971
Reported in: AIR1971All348
C.S.P. Singh, J. 1. This is an appeal by the defendant arising out of a suit for recovery of rent and ejectment.2. It was alleged by the plaintiff that he was the Bhumidhar of plot No. 211 and that a portion of it was under his cultivation and in the other portion he had certain thatched constructions which had been let out to the defendant on a payment of Rs. 126/- per annum with the further stipulation that in case the defendant committed default in the payment of rent for a period of three years he will be liable to ejectment. The defendant failed to pay the stipulated rent on demand and hence the suit.3. The defendant asserted that the rent had been paid but that the plaintiff did not issue a receipt for the same. The jurisdiction of the Court was also challenged and it was alleged that the rights of the plaintiff in the suit had been extinguished.4. One of the issues that arose in the suit was as to whether the land was used for a purpose connected with agriculture, horticulture, ...
Trishul Dhari Prasad and anr. Vs. Bishun Deo Singh and anr.
Court: Allahabad
Decided on: Jan-12-1971
Reported in: AIR1971All356
G.S. Lal, J. 1. This civil revision under Section 115, C. P. C. is directed against an order of Munsif East, Ballia, passed in proceedings under Section 7-E of the U. P. (Temporary) Control of Rent and Eviction Act, 1947, (hereinafter referred to as the 'Act').2. Bishundeo Singh and Tribeni Prasad, who are opposite parties in the revision, had filed an application before the Munsif under the aforesaid section on 14-9-1969. They were respectively tenants of two adjoining shops one of which had only one room and the other two rooms. The application was filed against two persons, who were the landlords and who are the applicants before us. It was given out in the application that the landlords wanted to reconstruct their building and had demolished the upper portion existing on the shops in question, with the result that the roofs of the shops had got damaged and because of the removal of stone-slabs from, the adjoining roof, a small upper portion of one of the walls of one shop had also ...
Madan Gopal Singh Vs. State of Uttar Pradesh Through Dy. Commissioner, ...
Court: Allahabad
Decided on: Jan-12-1971
Reported in: AIR1971All350
ORDERO.P. Trivedi, J. 1. This petition has been filed by Madan Gopal Singh under Article 226 of the Constitution of India. The material facts are these:A notification was issued under Section 4 of the Indian Forest Act (hereinafter to be referred to as the Act) on 29-3-1954 by the State Government proposing to constitute lands in village Baghauwa, Pergana Balia, Tahsil Nighasan, District Kheri as reserved forest-The petitioner's father Jagat Ram claimed to be a sirdar of plots Nos. 21 and 15 comprising an area of 75-50 acres in the said village and he filed an objection under Section 6 of the Act on 3-7-1954 claiming sirdari rights over 75.50 acres in the said village. He challenged validity of the land sought to be constituted as a reserved forest. It was stated that from the demarcation map prepared by the Forest Department it appears that about half of the objector's land was included in the notification. On 24-4-1956 the claim of the petitioner's father was accepted by the Forest S...
R.S. Sial Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: Jan-12-1971
Reported in: AIR1971All375; (1971)IILLJ432All
Jagdish Sahai, J.1. R. S. Sial hereinafter referred to as the petitioner has filed this writ petition under Article 226 of the Constitution of India and hag prayed for the issue of a writ of certior-ari quashing the order of the Transport Commissioner dated September 7, 1967 (Annexure 6) and the communication dated 7th October, 1968 (Annexure 16) informing the petitioner that the Government had rejected his representation.2. The petitioner was in the employment of the Transport Department of the Government of Uttar Pradesh and was confirmed as Assistant General Manager on 1st December, 1955 with effect from 1st April, 1955. On 30th March. 1963 the petitioner was asked to appear before the Public Service Commission which was considering the selection of officiating General Managers. The petitioner appeared before the Public Service Commission and, according to him, he was one of the ten persons selected, his name being placed at serial No. 3. On 15th April. 1967 he was transferred as of...
Bir Singh and ors. Vs. Kesho Ram
Court: Allahabad
Decided on: Jan-12-1971
Reported in: AIR1971All419
H.N. Seth, J. 1. This is a defendant's second appeal against the judgment and decree of the District Judge, Muzaffarnagar dated 6th of February, 1970. 2. The plaintiff respondent had filed a suit, No. 3 of 1966, under Section 202 of the U. P. Z. A. and L. R. Act, for the ejectment of the defendants appellants from the plots in dispute. The suit was decreed on 20-5-1967. An application for execution of that decree was made and it is said that plaintiff obtained the 'dakhal' over the plots in dispute on 24-5-1967. On 17th of October, 1967, plaintiff filed the present suit claiming a decree for permanent injunction, restraining the defendants from interfering with his possession over or cultivation of the land in suit. 3. The suit was contested by the defendants. They admitted that the plaintiffs suit, for ejectment of the defendants under Section 202 of the U. P. Z. A. and L. R. Act, had been decreed. According to them the plaintiff did not obtain possession over the plots in dispute whi...
Mangal Prasad Vs. Sirdar Tara Singh
Court: Allahabad
Decided on: Jan-11-1971
Reported in: AIR1971All378
Jagdish Sahai, J.1. This second appeal is directed against the decree passed by Sri S. L. Tripathi, Civil Judge. Mohanlal Ganj, Lucknow, on 18-10-1966 allowing Regular Civil Appeal No. 195 of 1966 and setting aside the decree passed by the learned Munsif on 27-5-1966 decreeing the suit for ejectment and recovery of Rs. 12/- per month as damages in favour of the appellant who was plaintiff before the learned Munsif. The plaintiff-appellant filed the suit giving rise to this appeal (Regular Suit No. 284 of 1964 in the court of Munsif North, Lucknow) for the ejectment of the defendant-respondent from a house situate in Mohalla Rajendra Nagar, Lucknow, and for the recovery of a sum of Rs. 60/- by way of damages. The learned Munsif, inter alia, framed the following two issues which were numbered as 1 and 3.'1.--Whether the permission granted by the State Government was illegal, arbitrary, unjust and mala fide as alleged in paras 25 and 26 of the written statement. If so, its effect?3--Wheth...
Shadi Ram Ganga Prasad and anr. Vs. the State of Uttar Pradesh and ors ...
Court: Allahabad
Decided on: Jan-11-1971
Reported in: [1972]29STC58(All)
Gur Sharan Lal, J. 1. In this writ petition the validity of the second part of Clause (d) of Rule 44-A of the U. P. Sales Tax Rules has been questioned. The circumstances in which the validity has been questioned and adjudication about it sought for from this court will appear from the following facts:-2. Petitioner No. 1, M/s. Shadi Ram Ganga Prasad is a partnership firm of which Debi Prasad Kanodia, petitioner No. 2, is one of the partners. The firm was assessed to sales tax under the U. P. Sales Tax Act for the assessment year 1965-66. The total turnover included purchases in respect of oil-seeds. The firm admitted liability to pay purchase tax on a turnover of Rs. 11,51,720.80 in respect of purchase of oil-seeds and also showed payment of the requisite tax on that part of the turnover. The Sales Tax Officer however found the tax to be payable on additional purchases of the value of Rs. 38,63,608 and odd of oil-seeds. The controversy, therefore, relates to this part of the assessmen...
Commissioner of Income-tax Vs. Baboo Ram Lachman Dass
Court: Allahabad
Decided on: Jan-10-1971
Reported in: [1972]85ITR405(All)
H. Swarup, J. 1. The Income-tax Appellate Tribunal has referred to us the following question of law : 'Whether, on the facts and in the circumstances of the case, the view taken by the Appellate Tribunal that no penalty is exigible is sound in law ?' 2. The assessee is a registered firm carrying on business in grain commission agency, speculation and business on its own account. It filed returnof the income for 1958-59 showing an income of Rs. 30,095. The Income-tax Officer in the course of assessment proceedings found that the assessee had obtained overdrafts from the bank on the security of grains. On a comparison of the statement to the bank furnished by the assessee and the stock accounts, the Income-tax Officer found that the assessee had pledged goods to the banks which were in excess of the goods as per its stock account. The discrepancy was in various items of grain, viz., barley, gram, bijhara, arhar, wheat and mutter. The Income-tax Officer determined the value of the excessi...
Raghuraj Singh Tiyagi Vs. State of U.P., Through Revenue Secretary, Go ...
Court: Allahabad
Decided on: Jan-08-1971
Reported in: AIR1971All354
ORDERH.C.P. Tripathi, J. 1. The petitioner was appointed on 12th May, 1956 on a temporary post of Assistant Consolidation Officer. By the order dated 19th January, 1967 (Annexure 4 to the petition) passed by the Consolidation Commissioner, Uttar Pradesh, petitioner's services were terminated on payment of one month's salary. Petitioner represented against a sudden termination of his services to the Board of Revenue but his representation was rejected by the order dated 10th November 1967. Petitioner has challenged the (sic) of the order dated 19th January, 1967 in this writ petition inter alia on the ground that by putting in about eleven years' service he had acquired a quasi-permanent status and as the impugned order amounts to an order of punishment, it violates Article 311(2) of the Constitution because the petitioner has not been afforded a reasonable opportunity to show cause against it. In the petition it has been alleged further that the opposite party No. 2, the Settlement Off...
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