Allahabad Court July 1971 Judgments
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The Union of India (Uoi) Vs. Paul Scientific and Chemical Corporation, ...
Court: Allahabad
Decided on: Jul-27-1971
Reported in: AIR1972All192
J.S. Trivedi, J.1. Scientific and Surgical Instrument Corporation of Calcutta despatched five microscopes through goods train under R/R No. D. 851862 dated 8-7-1959 for plaintiff-respondent to Meerut City Station. The Railway Receipt was endorsed in favour of the plaintiff. The five microscopes sent under one Railway Receipt were contained in three cases. Only two out of three cases were offered for delivery. The two cases are said to have arrived on 19-7-1959, Open delivery was. therefore, sought by the plaintiff and open delivery was given on 13-8-1959. The third case contained two microscopes. Notices under Section 80 Civil Procedure Code and Section 77 of the Indian Railways Act were then given to General Manager, Nor- ..,--them Railway and Eastern Railway. A sum of Rs. i560/~ was claimed as price of two undelivered microscopes and a sum of Rs. 15/- was claimed as costs of notices. On the refusal of the Railway authorities, the suit out of which this appeal arises was filed by the ...
Sudarsan Singh Vs. Govind
Court: Allahabad
Decided on: Jul-27-1971
Reported in: 1971CriLJ1822
ORDERH.C.P. Tripathi, J.1. On the 17th of July 1970, Sub Divisional Magistrate Bidhuna .at Etawah issued notice to the opposite parties who are applicants here to show cause why they should not be ordered to execute a personal bond of Rs. 1000/-with two reliable sureties each in the like amount for keepirfg the peace for a period of one year. Opposite parties; came up in revision before the Additional Sessions Judge Etawah who has-, made a reference to this Court recommending that the aforesaid order of the Magistrate be set aside. The Sessions Judge also stayed the proceedings meanwhile. .2. I have perused the order of the Sessions Judge and the explanation submitted by the Magistrate. I do not agree with the learned Sessions Judge that in the absence of a police report the Magistrate had no jurisdiction to initiate proceedings against some of the opposite parties. I also do not agree with him that as the dispute between the parties related to immoveable property, the initiation of pr...
Shrinath Khandelwal Vs. Bishwanath Prasad
Court: Allahabad
Decided on: Jul-16-1971
Reported in: AIR1972All321
M.N. Shukla, J.1. The question of law which arises for decision in this appeal is whether the legal heir of a decree-holder who filed the execution application can on the latter's death continue those proceedings after being substituted or is it essential for him to obtain a succession certificate. The answer to this question would depend on the interpretation of Section 214(1)(b) of the Indian Succession Act.2. One Narain Das obtained a decree No. 648 of 1964) against Vishwa-nath Prasad respondent on the basis of a pronote. On 8-8-1961 the decree-holder himself put the decree in execution. He. however, died on 18-11-1961. On 31-1-1962 the present appellant namely Sri Nath Khandelwal applied that his name be substituted in place of the decree-holder and the execution be continued as he was the legal representative and legatee of the deceased by virtue of a will dated 6-5-1959 executed by the deceased. The judgment-debtor did not file any objection and, therefore, the appellant was subs...
Vithal Das Vs. Controller of Estate Duty
Court: Allahabad
Decided on: Jul-15-1971
Reported in: [1972]85ITR432(All)
H.N. Seth, J.1. The Central Board of Direct Taxes had made this reference under Section 64(1) of ihe Estate Duty Act, 1953, at the instance of Sri Vithal Das, the accountable person. It has referred the following questions for the opinion of this court :'(1) Whether, on the facts and in the circumstances of the case, only half share of the properties included in the estate duty assessment of the deceased should have been included as property passing or deemed to pass on his death under Section 7 of the Act ?(2) Whether, on the facts and in the circumstances of the case, the amount of Rs. 80,000 standing in the names of the grand-children of the deceased was correctly included in his estate ?'2. This reference arises out of proceedings in connection with the estate duty assessment in respect of the estate of late L. Kedar Nath, who died on the 8th of September 1955. Sri Vithal Das, the eldest son of the deceased, filed the estate duty return in respect of the properties left by Kedar Na...
Deputy Registrar, Co-operative Societies, U.P., Lucknow Vs. Chaudhari ...
Court: Allahabad
Decided on: Jul-14-1971
Reported in: AIR1972All515
ORDERO.P. Trivedi, J.1. This petition in revision has been filed by the Deputy Registrar, Cooperative Societies, U. P., and is directed against the judgment and decree dated 22-1-1971 passed by the Civil Judge Mohan-lalganj, Lucknow permitting the reception of additional documents under Order 41, Rule 27, Code of Civil Procedure.2. The material facts are these: Opposite Parties had filed a suit in the Court of the Munsif for ejectment of the petitioner from a certain premises on the basis of a permission said to have been granted under Section 3 of the U. P. (Temporary) Control of Rent and Eviction Act An ex parte decree was passed against the petitioner; whereupon he moved through an application under Order 9, Rule 13, Code of Civil Procedure for setting aside the ex parte decree taking the plea that he had made a representation to the State Government under Section 7-F of the U. P. (Temporary) Control of Rent and Eviction Act tor setting aside the permission to sue granted in favour ...
Smt. Kulsumun-nisa Vs. Smt. Ahmadi Begum and ors.
Court: Allahabad
Decided on: Jul-13-1971
Reported in: AIR1972All219
Dwivedi, J.1. This appeal is filed by Smt Kulsumun-nisa. She was the contesting defendant in the suit. The suit was instituted by Smt. Ahmadi Begum. During the pendency of the appeal she died, and her legal representatives are on record. They are Mohammad Farooq, her son, and Smt. Mahmooda and Smt. Zubaida, her dauthers. The appellant also is now dead, and certain persons have been substituted in her place as her legal representatives.2. The suit was for partition of her l/10th share in the plaint properties. It was instituted in 1945. The plaint properties included zamindari. buildings and moveables.3. We give a short pedigree for the purposes of the case. It is admitted by the parties. Smt. Hamid-un-nissa Haji Kifayat Uliah= Smt. Najam-un-nissa _________________|________________ | | | | Smt. Ajaib-un-nissa. Smt. Abmadi Fazal Haq. Riazul Haq. | Smt. Kulsumun-nisa (Appellant).Smt. Ahmadi Begum was the half sister of Smt. Ajaib-un-nissa from her father; Fazal Haq and Reazul Haq were her...
Smt. Saraswati Devi Vs. Sarjoo Prasad
Court: Allahabad
Decided on: Jul-13-1971
Reported in: AIR1972All481
O.P. Trivedi, J.1. This appeal has been filed by Smt. Saraswati Devi plaintiff against the judgment and decree dated 24-2-1968 passed by the Civil Judge, Mohanlalganj, Lucknow.2. It appears that Smt. Saraswati Devi filed a suit for ejectment of the respondent Sarju Prasad from a certain shop on the allegation that he was her tenant on a monthly rent of Rs. 15, had been in arrears for four months, that he had failed to pay the arrears or to vacate the premises in spite of notice demanding payment of Rs. 100. The defendant-respondent admitted the relationship of landlord and tenant but pleaded that the rate of rent was Rs. 10 per month and not Rs. 15. It was disputed that there was any default in the payment of rent. It was alleged that the defendant having remitted the rent through money orders and the plaintiff having refused the remittances there was no default. It was further contended that after refusal of these remittances the defendant had deposited the rent also in court. There w...
Narendra Kumar Varshney Vs. the State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Jul-12-1971
Reported in: AIR1972All55
ORDERB.N. Lokur, J.1. These six petitions under Article 226 of the Constitution filed by 41 stage carriage permit-holders challenge a scheme made under Chapter IV-A of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) for nationalising transport services on two routes in the Agra region of Uttar Pradesh. A proposal under Section 68-C of the Act was made on the 16th April, 1962, and notified on the 21st April, 1962, in respect of Aligarh-Ramghat-via-Atrauli route Aligarh-Bijauli-via-Atrauli route was also added thereto later by an amendment made on the 5th May, 1967, and published on the 6th June, 1967. A number of objections were made by the various private operators but the Deputy Legal Remembrancer to the Government of Uttar Pradesh, who was authorised to consider the objections on behalf of the State Government, overruled the objections and approved the scheme on the 20th May, 1968, and the scheme so approved was published on the 31st August, 1968. The scheme, inter ...
Goel Industries (Pvt.) Ltd. Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Jul-12-1971
Reported in: [1971]28STC729(All)
R.L. Gulati, J. 1. The Judge (Revisions) Sales Tax, Bareilly, has submitted this and the connected references under Section 11(1) of the U.P. Sales Tax Act inviting the opinion of this Honourable Court on the following question of law:Whether ice is water and is exempt under Section 4(1)(a) of the U.P. Sales Tax Act, 1948? 2. The assessee is engaged in the business of manufacture and sale of ice. The assessment years involved are 1961-62 to 1965-66. There is no dispute about the turnover. The dispute relates to the assessability of tax on the turnover of ice. It was contended before the Sales Tax Officer that there was no difference between ice and water and since the sale of water was exempt under Section 4(1)(a) of the Act, the turnover of ice should also be exempted. The Sales Tax Officer did not accept this contention and levied tax on the turnover of ice. The assessee filed an appeal, but did not succeed. Thereafter the assessee went up in revision, but the revision was also dismi...
Mohammad Iliyas Vs. Shri Ram
Court: Allahabad
Decided on: Jul-09-1971
Reported in: AIR1972All394
Gur Sharan Lal, J.1. This is a second appeal by the defendant in a suit for recovery of arrears of rent and mesne profits and ejectment from a house. Respondent Sri Ram instituted the suit in question on the ground that the tenant had failed to pay the arrears of rent on demand by notice under Clause (a) of Section 3 (1) of the U. P. (Temporary) Control of Rent and Eviction Act, 1947 with-in the period of one month. The case of the tenant was that he had deposited rent under Section 7-C of the aforesaid Act (hereinafter referred to as 'the Act'), and, therefore, he had not failed to pay the rent. The trial court accepted the defendant's plea and dismissed the suit On appeal by the plaintiff landlord, the appeal was allowed and the suit was decreed for eiectment and mesne profits at the rate of Rs. 10/- per month till the date of actual delivery of possession. As to the arrears of rent the trial court had partly decreed the suit and directed that the rent in deposit in court will be ref...
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