Allahabad Court November 1971 Judgments
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Krishna Singh Vs. Mathura Ahir and ors.
Court: Allahabad
Decided on: Nov-02-1971
Reported in: AIR1972All273
A.K. Kirty, J. 1. Suit No. 469 of 1951 was filed by the plaintiff-respondent on 21-8-1951 against respondents 2 to 5 inter alia, for the ejectment of the said defendant-respondents from house No. C-27/ 33 Mohallah Jagatgani, Varanasi. It was pleaded that Avodhesh Narain, defendant No. 1 had taken the house on rent at Rs. 15/- per month from Swami Atmavivekanand, the deceased Guru of the plaintiff. Defendants 2 to 4 were alleged to have been ,put in possession of the house illegally by defendant No. 1. The suit was contested by the defendants, who denied the tenancy and, inter alia, pleaded that they were in occupation of the house as chelas of Swami Atmavivekanand in their own right by virtue of the licence granted to them by the said Swamiji. The plaintiff's right to sue was denied and it was alleged that he was neither chela of the Swamiji nor his successor. It was alleged that on the death of Swami Atmavivankanand his natural son and disciple. Shri Krishna became the owner of the ho...
Nand Lal Lurkoo Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-02-1971
Reported in: AIR1972All312
ORDERGur Sharan Lal, J.1. This writ petition relates to a matter arising under the U. P. (Temporary) Control of Rent and Eviction Act. 1947 (hereinafter referred to as the Act).2. There is a shop in Ratia Bazar, Brindaban of district Mathura bearing No. 1162 B, which has been given the new No. 494. The petitioner made an application to the Rent Control and Eviction Officer, Mathura, giving out that the said shop was in the tenancy of one Krishna Gopal who vacated it and left Brindaban to settle at Bombay and carry on business there. He prayed for allotment of that shop to him, giving put that Dau Dayal (impleaded as opposite party No. 3 to the writ petition) had illegally taken possession of that shop. It is not in dispute that Dau Dayal is the own brother of Krishna Gopal. The Rent Control and Eviction Officer held after enquiry, and by means of an order of which copy is Annexure E to the writ petition, that the shop was not vacated or vacant. His finding was that the shop was in the ...
Dhingra Mechanical Works Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Nov-02-1971
Reported in: [1972]29STC238(All)
R.L. Gulati, J. 1. This is a reference under Section 11(1) of the U.P. Sales Tax Act. The assessee is a dealer in iron furniture and other furniture goods. The assessment year involved is 1964-65. The assessee filed an appeal against the assessment, order. The assessee had admitted the liability to tax to the extent of Rs, 2,583.56, but he deposited a sum of Rs. 2,583.53. Thus there was a shortage of three paise.2. It was contended on behalf of the department before the appellate authority that the appeal was not competent, because the assessee had not deposited in full the admitted tax. The appellate authority found that a sum of Rs. 620 was refundable to the assesse from the department. In its opinion the shortage of three paise could very well be adjusted against the refund due to the assessee and as such the appeal could not be said to be incompetent. The department was not satisfied and went up in revision. The revising authority has upheld the objection of the department and has ...
Brij Lal Vs. the State
Court: Allahabad
Decided on: Nov-01-1971
Reported in: 1972CriLJ554
ORDERB.D. Gupta, J.1. This petition in revision arises out of an order dated 28th July, 1969 passed by the Munsif Budaun directing the filing of a complaint against the applicant under Sections 186 and 353 of the Indian Penal Code.2. Having heard learned Counsel at some length. I am satisfied that no case for interference has been made out.3. Chandrapal Gupta an Amin in the District Judge's Court. Budaun was directed by the Munsif Budaun to proceed to sell some crop, which had been attached in execution of a decree held by the applicant. Chandra Pal Gupta (hereinafter referred as the Amin) went to the village Kunwargao on 16th May, 1969 to carry out the order of the Munsif s court but the order was not carried out. Instead, a report was filed by the Amin in the Munsifs Court complaining of obstruction, assault etc. by the applicant as the reason for his inability to carry out the order of the Court. A show cause notice was issued to the applicant. This was followed by an order of the M...
Municipal Board Vs. Om Prakash Kabari
Court: Allahabad
Decided on: Nov-01-1971
Reported in: 1972CriLJ1219
K.N. Seth, J.1. This is an appeal by the Municipal Board, Sikandarabad. against the order of acquittal of the respondent, who was put up for trial for offences punishable under Sections 185/ 210 of the U. P. Municipalities Act. 1916. The case of the prosecution was that the respondent had constructed a four storeyed building without obtaining proper sanction from the Municipal Board.2. The respondent made an application on 20-3-1964 for sanction of a plan of a two storeyed building and he was accorded the necessary sanction by the Board by an order dated 6-6-1966. On 22-9-1967 a report was made by the Overseer that the constructions were made not according to the plan sanctioned by the Board and further that the respondent had built two additional storeys on the same building. In pursuance of that report the Board sent a notice dated 26-10-1967, under Section 184/211 of the U. P. Municipalities Act, to the respondent asking for his explanation and to show cause why action be not taken ...
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