Allahabad Court October 1972 Judgments
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Bhikha Lal and ors. Vs. Munna Lal
Court: Allahabad
Decided on: Oct-30-1972
Reported in: AIR1973All128
R.B. Misra, J. 1. On a difference of opinion between R. L. Gulati and H. N. Seth, JJ., the following question has been referred to me for opinion by the Acting Chief Justice:-- 'Whether on the facts and in the circumstances of the case the defendant-respondent could be said to have committed a default in payment of arrears of the decretal amount amounting to Rs. 89.75 for purposes of Section 3 of the Bent Control and Eviction Act?' 2. The material facts to bring about the question referred to me are as follows: 3. Munna Lal, defendant-respondent, was a tenant of a portion of premises No. 105/336, Chamanganl, Kanpur, at a monthly rent of Rs. 5/-. This house is owned by Bhikha Lal and others, plaintiff-appellants. It appears that the tenant fell in arrears. The landlords, therefore, filed a suit, which was, later on, numbered as Suit No. 570 of 1961, for ejectment and for recovery of the arrears of rent and damages for use and occupation, amounting to Rs. 89.75 P. The suit was decreed by...
Sri Prem Nath Khanna Vs. the Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Oct-30-1972
Reported in: AIR1973All182; 1973LC1(Allahabad)
ORDERH.N. Seth, J. 1. On 13th February, 1970, petitioner Prem Nath Khanna submitted an application to the Assistant Collector, Central Excise, Allahabad praying for a Gold dealers licence under the provisions of the Gold (Control) Act 1968. In usual course, the Superintendent of the Central Excise made an enquiry and recommended that the petitioner be granted a Gold dealers licence. However, the Assistant Collector Central Excise, vide his order dated 9th of April, 1970, rejected the application moved by the petitioner. Being aggrieved by the order passed by the Assistant Collector, the petitioner preferred an appeal before the Collector Central Excise who dismissed the same on 5th April, 1971. The petitioner then filed a revision before the Central Government which also was dismissed on 29th November, 1971. He has now approached this Court praying for a writ in the nature of certiorari for quashing the orders passed by the Assistant Collector Central Excise, Collector Central Excise a...
The District Co-operative Bank Ltd. and anr. Vs. Deputy Registrar, Co- ...
Court: Allahabad
Decided on: Oct-30-1972
Reported in: AIR1973All348
Gopi Nath, J.1. This is an appeal against the order of a learned Single Judge dated 19th May, 1972 allowing a writ petition. The petition challenged a resolution passed by the Managing Committee, District Co-operative Bank Ltd., removing the petitioner-respondent from the office of a member as also the office of Chairman of that Committee. The District Co-operative Bank Ltd., Mainpuri and one Sri Kishan Murari Misra who were opposite parties in the writ petition are now appellants in the appeal. Sri Rajendra Singh who was the petitioner in the writ petition is the main respondent in the appeal. The other opposite parties of the writ petition are also arrayed as respondents in the appeal.2. The facts leading up to the petition giving rise to the appeal are as follows:--There is a co-operative society named Sadhan Sahkari Samiti, hereinafter to be referred as Primary Society, in the district of Mainpuri. This Society (Samiti) was the member of another Co-operative Society known as the Di...
Northern India General Insurance Co. Ltd., Bombay Vs. Kanwarjit Singh ...
Court: Allahabad
Decided on: Oct-30-1972
Reported in: AIR1973All357
K.B. Asthana, J.1. The Northern India General Insurance Company Limited has appealed against the award of the Motor Accidents Claims Tribunal, Meerut, specifying the amount at Rs. 20,000/- payable by it to the respondent 2nd Lt. Kanwar Jit Singh Sobti.2. A motor truck No. DIG 3859 was acquired by Ram Prakash Thukral from Delhi by arrangement through a firm of financiers. On 1-5-1965 Ram Prakash Thukral got thesaid truck registered in his name with the Regional Transport Authority, Meerut under the Motor Vehicles Act. Then a transfer entry was made in the office of the Regional Transport Officer and the said truck was registered in the name of Gopal Das on 3-9-1965. Gopal Das thus became the registered owner of the said truck and obtained a registration certificate under the Motor Vehicles Act, Gopal Das then effected an Insurance Policy covering risk to third party with the Northern India General Insurance Company Ltd. (hereinafter called the insurer) covering the risk for the period o...
State of U.P. Vs. Gauri Shanker
Court: Allahabad
Decided on: Oct-30-1972
Reported in: 1973CriLJ910
P.N. Bakshi, J.1. Gauri Shanker son of Pancham Lal and Radhey Shiam Son of Ghanshiam Das were prosecuted under Sections 7(1)/16(1)(a)(i) of the Prevention of Food Adulteration Act by the ,Sub Divisional Magistrate Kalpi by his judgment dated 21.4.1965. They were sentenced to a fine of Rs. 1,000/- and to rigorous imprisonment for nine months. They filed an appeal against their conviction which was allowed by the Sessions Judge by his order dated 18.10.1967, whereby the case was remanded for retrial. Both the accused were thus retried for the aforesaid offence. Radhey Shiam was acquitted by the 1st class Magistrate Jalaun by his judgment dated 21st May 1968 of the offences for which he has been charged and convicted Gauri Shanker under Section 7(1)/16(1)(i) of the Prevention of Food Adulteration Act and sentenced him to a fine of Rs. 1000/- and 9 months' rigorous imprisonment. Gauri Shanker filed an appeal before the Sessions Judge Oral. By his judgment dated 12th October 1968 the Sessio...
State of U.P. and anr. Vs. Bharat Nath Seth
Court: Allahabad
Decided on: Oct-27-1972
Reported in: AIR1973All187
Satish Chandra, J. 1. The State of Uttar Pradesh is the appellant. It is aggrieved against the decision of a learned Single Judge holding that the enhancement of the licence fee from Rs. 4/- to Rs. 10/-under the Stone Mahal Rules was invalid.2. Section 6 (2) of the Mirzapur Stone Mahal Act, 1886 provides that a person may, so far as the rules made under this Act permit, acquire an exclusive right to open quarry, or quarry stones, within certain local limits in any part of the district and may retain the right so long as these rules permit the same. Section 7 Clause (c) of this Act authorised the local Government to frame rules regarding the conditions on the fulfilment of which a person is to acquire an exclusive right of opening a quarry, or quarrying stone, within certain local limits and how that right will cease to exist. In exercise of this power the local Government framed the Stone Mahal Rules, 1944. Rule 8 of the Rules provided that no person shall prospect for a stone quarry o...
Riaz UddIn and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-27-1972
Reported in: AIR1973All240
Satish Chandra, J.1. These three special appeals raise common questions. They are directed against a common judgment dismissing three writ petitions. In the writ petitions, the appellants had challenged the acquisition of land in execution of improvement schemes framed by the Meerut Improvement Trust and continued by the Avas Evam Vikas Parishad.2. An improvement scheme called 'Scheme No. 3 -- Housing Accommodation and Street Scheme lying between Meerut Garhmukteshwar and Meerut Hapur Roads' was framed by the Meerut Improvement Trust. Notice of this scheme as required by Section 36 of the U. P. Town Improvement Act, 1919 was published in the State Gazette of 7th January, 1967. The area comprised in the scheme included land in four villages, all situate outside the municipal limits of Meerut. The notice invited objections. Ninety nine persons filed fortyfive objections. The Chairman of the Improvement Trust visited the area involved in the scheme and heard oral representations from vari...
Subhash Chandra Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: Oct-27-1972
Reported in: AIR1973All295
Satish Chandra, J.1. The State of Uttar Pradesh runs five medical colleges, one each at Allahabad, Kanpur, Meerut, Agra and Jhansi. In addition, Lucknow University has a medical college called King George Medical College. In consultation with the Lucknow University, the State Government decided to hold one combined Pre-Medical Test for selecting students for admission to the six medical colleges. The work of holding the combined Pre-Medical Test was entrusted to the Meerut University. There were in all 758 seats in the six medical colleges. Of these 26 had been allotted for nominees of the Government of India under various heads. The remaining 732 seats were to be filled in by the combined Pre-Medical Test. By different orders issued by the State Government a number of seats were reserved for various classes. The ultimate reservation of seats was as follows:--(1) Girl Candidates20%(2) Candidates from rural areas12%(3) Candidates from hill areas3%(4) Candidates from Uttar Khand Division...
Babu Lal Kedia Vs. Income-tax Officer and anr.
Court: Allahabad
Decided on: Oct-26-1972
Reported in: [1973]92ITR542(All)
Satish Chandra, J. 1. The dispute relates to the assessment year 1956-57, and is confined to the question whether the profits accruing on the sale of two patlas of gold were assessable to tax.2. It appears that the appellant was the member of a joint Hindu family which underwent a partial partition on 7th June, 1943. On partition the appellant received seven patlas of gold as part of his share in the joint family assets. In the previous year relevant to the assessment year 1956-57, the appellant sold two patlas of gold. He had after the partition entered the price of these two patlas of gold at Rs. 24,514. They were sold for Rs. 46,250. The Income-tax Officer brought the surplus of Rs. 21,736 to tax on the finding that the gold represented the stock-in-trade of the appellant. The appellant filed an appeal. The only point raised before the Appellate Assistant Commissioner was that the surplus receipts were not liable to tax, because they had not constituted revenue receipts, but were ca...
Jagdish Lal Vs. Municipal Board, Bahraich and ors.
Court: Allahabad
Decided on: Oct-24-1972
Reported in: AIR1973All189
ORDEROmprakash Trivedi, J. 1. This petition under Article 226 of the Constitution of India has been filed by Jagdish Lal. The contention is that he is owner of a house situate in the city of Bahraich. The house of Opposite Party No. 2 Hari Nath is situate just to the south of this house. After purchase the petitioner claims to have submitted a plan to add two rooms to the house. This plan, it is contended, was sanctioned by the Municipal Board by resolution dated 25-9-1969 (An-nexure 1 to the writ petition). After the resolution opposite party No. 2 filed an appeal on 3-10-1969 before the District Magistrate, Bahraich under section 318 of the U. P. Municipalities Act and also obtained an order staying operation of the resolution dated 25-9-1969. This appeal was dismissed in default of opposite party by the District Magistrate on 6-12-1969 (vide Annexure 2 to the writ petition). After dismissal of the appeal opposite party No. 2 filed a review application purporting to be under section ...
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