Allahabad Court February 1971 Judgments
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Didwania and Co. (P) Ltd., (In Liquidation) Vs. Jagdish NaraIn Indrana ...
Court: Allahabad
Decided on: Feb-18-1971
Reported in: AIR1971All407
Satish Chandra, J. 1. The samepoint is involved in all the three appeals. F. A. F. O. No. 142 of 1966 has been filed by the plaintiff. It is directed against an order declaring the suit to have abated. 2. Didwania & Co. (P) Ltd. thepetitioner-appellant, is a registered Company. It went in voluntary liquidation. The two liquidators, acting on behalf of this Company, filed the present suit. The plaint was headed as Didwania & Co. (P) Ltd. (In liquidation) having its registered office at Mohalla Chitraghanta in the city of Varanasi through its Liquidators Gopal Lal Gupta and Ram Shanker Singh. During the pendency of the suit Gopal Lal Gupta, one of the liquidators, died on 22-11-1961. The Company by a resolution, appointed one Kedar Nath as the co-liquidator. It appears that the trial Court had permitted the plaintiff-company to sue in forma pauperis. Aggrieved, the defendant had filed a revision in the High Court against that order. After the decision of dismissal of the revision, the re...
Ashraf Ali Khan Vs. the Munsif, West Allahabad and ors.
Court: Allahabad
Decided on: Feb-18-1971
Reported in: AIR1971All440
Oak, C.J.1. This special appeal arises out of proceedings for ejectment under Section 7-B of the U. P. (Temporary) Control of Rent and Eviction Act (hereafter referred to as the Act). Qamar Ahmad Khan and two others are the owners of a certain house in the city of Allahabad. Ashraf Ali Khan has been occupying the house as their tenant. There has been litigation between the parties on the question of the amount of rent. The landlords have been pressing that the monthly rent is Rs. 35/- on the other hand, the tenant's case is that the monthly rent is Es. 10/- only.2. The landlord got served on the tenant a notice claiming a sum of Rupees 560/- as arrears of rent for several months at the rate of Rupees 35/- P. m. The notice was served upon the tenant on 31-5-1961. On 1-6-1961 Ashraf Ali Khan tenant filed an application in the Court of the Munsif, West Allahabad for permission to furnish security for the sum demanded by the landlords. On 5-7-1961 Ashraf Ali Khan submitted a draft of a sec...
Aziz Ahmad Khan and anr. Vs. Atthar HusaIn and anr.
Court: Allahabad
Decided on: Feb-18-1971
Reported in: AIR1971All469
M.N. Shukla, J. 1. This is an execution second appeal arising out of an application made under Section 47 of the Code of Civil Procedure by the judgment debtors which was allowed by the lower appellate court and aggrieved by the same the decree-holders have preferred this appeal.2. The facts giving rise to this second appeal lie within a short compass. The appellants obtained a decree against the respondents in regard to dower debt that was due to their predecessor-in-interest against the respondents. The decree was passed for a total sum of Rs. 1250/- with costs of the suit. This decree was put into execution and the Zamindari bonds of the respondents were attached. They therefore filed an objection under Section 47, Civil P. C. for deduction of the amount under Section 9 of the U. P. Zamindars' Debt Reduction Act, 1952, (U. P. Act No. XV of 1953), according to the formula given in Schedule II of that Act. This application was opposed by the decree-holders. The question, therefore, wh...
Smt. Rama Vidyarthi and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-17-1971
Reported in: AIR1971All442
ORDERW. Broome, J. 1. This writ petition, filed in March 1965, challenges notifications issued by the State Government on 17-2-1965 under Sections 4 and 5 of the Charitable Endowments Act in respect of a trust called the 'Pratap Trust' created in the year 1919 for running the Pratap Press at Kanpur and publishing a newspaper called the 'Pratap'. By the notification issued under Section 4 of the Act the Property held by the trust has been vested In the Treasurer of charitable endowments; while by the notification under Section 5 a Scheme for the administration of the trust has been settled and a number of new trustees have been appointed. 2. At the relevant time three persons were undoubtedly serving as trustees of the trust viz. Srimati Rama Vidyarthi (Petitioner No. 1), Dr. Jawahar Lal Rohtagi (O. P. 4) and Sri Nawal Kishore Bhartiya (O. P. 5). The petitioners assert that there was in addition a fourth trustee Ashok Vidyarthi (petitioner No. 2); but in the counter-affidavit filed on b...
Ram Bandhan and ors. Vs. Guddar Ram
Court: Allahabad
Decided on: Feb-16-1971
Reported in: AIR1971All485
K.N. Srivastava, J.1. This is an appeal against the judgment and decree passed by the Additional Civil Judge, Azamgarh allowing an appeal against the judgment and decree passed by the II Additional Munsif, Azamgarh.2. The facts giving rise to this appeal are as follows.3. The plaintiff is the owner of a house situated in Rani Ki Sarai, Pargana Nizamabad, district Azamgarh. This house was rented to the defendants on an annual rent of Rs. 100,00. The defendants installed a flour mill in that house. A notice was served on the defendants that they were in arrears of rent for more than a year and had not paid it, therefore, the tenancy was terminated and the defendants were asked to vacate 'the premises. Another notice Ex. A.5 was also served on the defendants before the expiry of the period mentioned in the earlier notice. As the defendants did not vacate the house, therefore, the plaintiff filed this suit for arrears of rent and ejectment of the defendants.4. The defendants contested the ...
Guni Ram and anr. Vs. Kodai and ors.
Court: Allahabad
Decided on: Feb-15-1971
Reported in: AIR1971All434
K.B. Asthana, J.1. The suit giving rise to this appeal was for specific performance of a contract of sale of certain Bhumidhari plots. The plaintiffs-respondents alleged that on 15-6-1964 the first defendant-appellant, Guniram, executed an agreement to sell his half share In certain Bhumidhari plots and in a house for a consideration of Rs. 4000/- on receiving an earnest of Rs. 1500/- from the plaintiffs, but Guniram seemed to have changed his mind and executed a sale-deed on 10-2-1965 of the Bhumidhari plots in favour of the second defendant-respondent. Akhila Prasad. On 30-4-1965 the plaintiffs instituted the suit for specific performance of the contract. During the pendency of the suit the first defendant Guniram executed another sale-deed on 20-9-1965 in favour of the third, fourth, fifth and sixth defendants-respondents in respect of the house and they were also impleaded as defendants to the suit. It was also alleged by the plaintiffs that Rampati and Sheopati, who were the nephe...
Commissioner of Income-tax Vs. Cawnpore Textiles Ltd.
Court: Allahabad
Decided on: Feb-12-1971
Reported in: [1972]85ITR407(All)
Pathak, J. 1. The question referred for the opinion of this court by the Income-tax Appellate Tribunal is: 'Whether, on the facts and in the circumstances of the case, the Tribunal is correct in holding that the liability for payment of bonus accrued due on the dates on which the provision was made in the balance-sheet of the assessee-company for the three years under appeal irrespective of the fact that the same was actually paid in subsequent years ?' 2. The assessee, a limited company, made provision for payment of bonus in its account books in the amounts of Rs. 1,50,000, 2,80,000 and Rs. 3,25,000 during the calendar years 1959, I960 and 1961, which are the previous years relevant for the assessment years 1960-61, 1961-62 and 1962-63 respectively. In assessment proceedings for these assessment years, the Income-tax Officer rejected the claim of the assessee to a deduction of the amounts provided for payment of bonus. The Income-tax Officer allowed a deduction only of that amount wh...
Babu Ram Verma Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Feb-12-1971
Reported in: (1971)IILLJ235All
ORDERK.N. Singh, J.1. The petitioner has filed the present writ petition under Article 226 of the Constitution, challenging an order passed by the Governor of Uttar Pradesh on 4th December, 1970, dispensing with the petitioner's services, with immediate effect, in exercise of the powers under Note 1 to Article 465 of the Civil Service Regulations.2. The petitioner was appointed in the Subordinate Agriculture Service, Group V, in The Agriculture Department of the State of Uttar Pradesh, on 13th October, 1937. In 1943 he was appointed as an Assistant Marketing Inspector in the Food and Civil Supplies Department of the State of Uttar Pradesh. In that very year, the petitioner was promoted as a Marketing Inspector. In 1946, the petitioner was appointed as a Senior Marketing Inspector. In December, 1958, he was promoted to the Gazetted post of Assistant Regional Food Controller. Later on, in December, 1962, he was further promoted to the post of Deputy Regional Marketing Officer, Lucknow, a...
Meharban Vs. Buddhi and ors.
Court: Allahabad
Decided on: Feb-12-1971
Reported in: 1971CriLJ1363
ORDERH.C.P. Tripathi, J.1. On a complaint made by applicant, opposite parties were summoned for an offence Under Section 395 of the Indian Penal Code. The Magistrate held an inquiry Under Section 208 of the Code of Criminal Procedure and after assessing the evidence reached a conclusion thatthe opposite parties removed the Sarson crop which was the produce of the disputed plot, under a bona fide assertion of their right and so no case has been made out against them. Accordingly, he discharged them.2. Applicant came up in revision before the learned Additional Sessions Judge, Shahjahanpur. After hearing the parties at length, the learned Judge agreed with the finding of Inquiry Magistrate thatthe cutting and removing of the crops from the fields and removal of the crops of these very plots from the threshing floor of the complainant therefore did not constitute theft or any other criminal offence.3. The learned Judge, therefore, dismissed the revision.4. I have heard the learned Counsel...
Hari Har Bhagwan DIn and ors. Vs. the State
Court: Allahabad
Decided on: Feb-12-1971
Reported in: 1971CriLJ1578
O.P. Trivedi, J.1. This appeal has been filed by Hari Har, Ram Sagar Matau, Rameshwar, Bansi, Nanhey, Sheo Das and Sri Krishna against their conviction and sentences passed by the Assistant: Sessions Judge, Bara Banki by his judgment and order dated 27-2-1969. Nanhey appellant has been convicted Under Section 326 read with Section 149, Indian Penal Code and sentenced to rigorous imprisonment for seven years and to a fine of Rs. 400/- in default of payment of which he has been directed to undergo rigorous imprisonment for a further term of eight months. The remaining appellants have also been convicted Under Section 326 read with Section 149, Indian Penal Code and each of them has been sentenced to rigorous imprisonment for five years and to a fine of Rs. 200/- and in default to and Sri Krishna have been convicted under (sic) Section 148.Indian Penal Code and each of them has been sentenced to rigorous imprisonment for two years under that count. The rest have been convicted additionall...
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