Allahabad Court November 1971 Judgments
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Annapurna Biscuits Manufacturing Company and anr. Vs. the State of Utt ...
Court: Allahabad
Decided on: Nov-11-1971
Reported in: [1972]29STC118(All)
S.N. Dwivedi, J.1. The judgment of the court was delivered by DWIVEDI, J.-In all these petitions there arises a single question : ' Has the State Legislature power to enact Section 17 of the U. P. Sales Tax (Amendment and Validation) Act, 1971 ?'2. It is necessary to state the background legal position for a proper understanding of the question. Section 8-A(2)(a) of the U. P. Sales Tax Act, 1948 (hereinafter called the principal Act) provided that no person who was not a dealer registered under the principal Act should, in respect of any sale or purchase made by or through him, realise from any person any amount by way of sales tax or any amount in lieu of sales tax. It further provided that no dealer registered under the principal Act shall in respect of any sale or purchase made by or through him, realise from any person other than a person to whom goods are sold by him any amount by way of sales tax or any amount in lieu of sales tax by giving it a different name or colour. Clause (...
District Medical Officer of Health and anr. Vs. Binda Prasad
Court: Allahabad
Decided on: Nov-10-1971
Reported in: 1972CriLJ1067
K.C. Puri, J.1. This revision petition has been preferred by the District Medical Officer of Health, Lucknow, and D.C. Srivastava Food Inspector, Goshainganj Lucknow, against the judgment and order dated 8th of December 1969, passed by the Pargana Magistrate. Mohanlalgani, Lucknow, convicting the respondent Binda Prasad of offence under Section 7/16 of the Prevention of Food Adulteration Act, and sentencing him to payment of Rs. 20/- as fine for the same or in default of payment of fine to suffer one week's imprisonment.2. The petitioners claim that the trial court illegally erred in awarding the sentence of fine of Rs. 20/- to the respondent as the minimum punishment which ought to have been awarded to the respondent for the commission of the said offence was imprisonment of six months and payment of Rs. 1.000/-fine.3. The respondent did not file any appeal or revision against his conviction, but presently he does challenge his conviction. When revision petition has been filed by the ...
Lachhman Prasad and anr. Vs. Meghu and ors.
Court: Allahabad
Decided on: Nov-09-1971
Reported in: AIR1972All303
Verma, C.J. 1. This special appeal is directed against the order of a learned Single Judge, dated January 10. 1968, whereby he allowed writ petition No. 619 of 1963. 2. One Roshan Lal was a sirdar of the land in dispute. On July 18, 1955, he deposited Rs. 340/- which, according to him, was ten times the land revenue and applied for a declaration that he had, become a bhumidhar of the land. On July 20, 1955, he executed a sale deed in favour of one Basdeo and another sale deed on October 30, 1955 in favour of one Puranmal. Before an order could be passed on his application and the issuance of bhumidhari sanad. Roshanlal died on December 30, 1956. During consolidation operations, an objection was filed under Section 9 of the U. P. Consolidation of Holdings Act by the collaterals of Roshanlal who were the petitioners in the writ petition. They claimed that the plots in dispute were wrongly recorded in the names of the vendees as Roshanlal had no power to execute sale deeds on the dates on...
Phool Chand Gajanand Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Nov-06-1971
Reported in: [1973]89ITR148(All)
Pathak, J.1. The Income-tax Appellate Tribunal has referred the following two questions for the opinion of this court :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the gift made by Sri Phool Chand to his wife was invalid ? (2) If the answer to the above question is in the affirmative, whether the amount of interest credited to the account of the wife of Sri Phool Chand, a partner in the assessee-firm, was rightly includible in the income of the assessee under Section 40(b) of the Income-tax Act, 1961 ' 2. The assessee is a registered partnership firm, one of the partners being Phool Chand with a share of 4 annas. In the assessment proceedings for the assessment years 1962-63 and 1963-64, the Income-tax Officer found that the sums of R's. 8,083 and Rs. 8,049, respectively, had been credited in the account of the wife of Phool Chand as interest for these two years. The assessee explained that the interest was paid to the lady bec...
Union of India (Uoi) Vs. Bhagat Ram
Court: Allahabad
Decided on: Nov-05-1971
Reported in: AIR1972All288
Satish Chandra, J. 1. This is a defendant's second appeal. It arises out of a suit for recovery of Rs. 1200/- on ground of non-delivery of one bale out of a consignment consisting of three bales of cloth. This consignment was booked at Ahmedabad Railway Station belonging to the Western Railway on 12th January. 1961. for delivery at Muzaffarnagar. The goods were delivered to the plaintiff at Muzaffarnagar on 24th January, 1961. but the Railway Administration gave delivery of only 2 bales. One bale was not delivered at all. It was alleged that this bale contained 160 Dhoti-Jodas worth Rupees 1123.17 N. P. The plaintiff served a notice under Section 77 of the Indian Railways Act and Section 80. Civil P. C. on the General Manager. Northern Rail-way. New Delhi; and not evoking anyresponse, filed the present suit on 14th August. 1961. The plaint designated the defendant as Indian Union through the General Manager. Northern Railway. Headquarter Officer. New Delhi. By an amendment the phrase: ...
Ram Lal Gupta Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: Nov-05-1971
Reported in: AIR1972All304
C.S.P. Singh, J. 1. The petitioner is a tenant of premises situate in Azad Nagar. Kanpur City. Respondents Nos. 2 and 3 are the landlords. An application under Section 3 of the Rent Control and Eviction Act (hereinafter referred to as the Act) was made by the respondents seeking permission for filing a suit for ejecting the petitioner. The Rent Control and Eviction Officer granted the permission. The petitioner thereafter preferred a revision before the Commissioner, Allahabad. The Commissioner found that the landlord had sufficient accommodation and accommodation in the disputed quarter was almost similar, and that the family of the petitioner consisted of seven units while that of the landlord consisted of nine units. He held, that the need of the landlord for additional accommodation was not of a pressing nature, and if permission for eviction was granted from the accommodation in which the tenant had been living for the last twenty-four years, it would be difficult for him to get a...
Raj Bahadur Lal and ors. Vs. Govt. of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Nov-04-1971
Reported in: AIR1972All308
Verma, C.J.1. Six writ petitions were filed by various petitioners, who were operators on five stage carriage routes, namely, Allahabad-Shankergarh, Allahabad-Banda. Allahabad-Chitrakoot, Raiapur-Sitapur and Sitapur-Manikpur. These writ petitions were dismissed by a learned Single Judge of this Court by a common judgment The petitioners in five of the writ petitions have filed these special appeals against the order of the learned Single Judge dated 19th January 1971.2. The appellants challenged the nationalisation of the five stage carriage routes mentioned above. On September 8, 1961, a notification under Section 68-C of the Motor Vehicles Act (hereinafter referred to as the Act) was published in the U. P. Gazette dated September 16, 1961 and a scheme was proposed for the nationalisation of the five routes mentioned above. The appellants and some others filed obiections in the year 1961. Mr. S. K. Bhargava. Deputy Legal Remembrancer Uttar Pradesh Government, Lucknow, respondent No. 2...
Amar Nath Chand Prakash Vs. Bharat Heavy Electricals Limited
Court: Allahabad
Decided on: Nov-03-1971
Reported in: AIR1972All176
Satish Chandra, J.1. This is a plaintiff's appeal. It is directed against an order dismissing an application under Section 20 of the Indian Arbitration Act.2. Messrs Heavy Electricals Limited gave a contract to the appellant for making certain construction work. The work was completed by the first week of March, 1965. The Company prepared a final bill of the work done by the appellant. On 29-3-1965 the appellant signed a no claim declaration and also gave a receipt in token of accepting the amount found due to the appellant. The appellant raised disputes in regard to some of the items of work, alleging short payment. Finding nq response, the appellant served a notice upon the company requiring it to appoint an arbitrator in terms of the arbitration clause contained in the contract. This also failed to evoke any response from the company. Consequently on 16th September. 1968 the appellant moved an application in court under Section 20 Arbitration Act praying that the court may require t...
Dr. (Miss) Meena Mukerji Vs. the Chancellor, Allahabad University and ...
Court: Allahabad
Decided on: Nov-03-1971
Reported in: AIR1972All381
G.S. Lal, J.1. This writ petition relates to a matter requiring the interpretation of the Allahabad University Act and the Statutes thereunder. The facts leading to the filing of this writ petition are briefly given below.2. Before the amendment of the Allahabad University Act. 1921 in 1961 by means of the U. P. Universities Act, 1961 (Act No. 13 of 1961), the University was providing the teaching necessary for admission to its various degrees. It had also recognized certain institutions as authorised to provide such teaching. These were privately run colleges and were known under the Act as 'associated colleges'. The State Government intended to start and run an engineering college and a medical college at Allahabad and to secure to the students thereof degrees in engineering and medicine of the Allahabad University. The Allahabad University Act (hereinafter referred to as 'the Act') was therefore amended by the amending Act of 1961 aforesaid to make all necessary provision in this co...
Managing Committee, Temple Sri Bankey Behari Ji Vs. Commissioner of Sa ...
Court: Allahabad
Decided on: Nov-03-1971
Reported in: [1972]29STC685(All)
S.N. Dwivedi, J. 1. This reference has been made by the Judge (Revisions), Agra, under Section 11(1) of the U. P. Sales Tax Act at the instance of the assessee, and the following question has been referred by him for the opinion of this court :Whether under the circumstances and facts of the case the activity of the assessee, managing committee, in selling bhog constitutes business ?2. The assessee is the managing committee of the temple of Sri Bankey Behari Ji, Brindaban, Mathura. The puja, sewa and bhog of the Deity, Sri Bankey Behari Ji, installed in the temple is looked after by the managing committee constituted under the scheme framed by the Munsif, Mathura. According to the rules and regulations concerning the offering of bhog by worshippers and devotees to the Deity, no one is permitted to make offerings of bhog brought from any place other than the bhog bhandar of the temple. The procedure is that when a devotee or a worshipper cornes to the temple, first he goes to the office...
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