Allahabad Court October 1972 Judgments
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Nanhun Vs. Deputy Director of Consolidation
Court: Allahabad
Decided on: Oct-24-1972
Reported in: AIR1973All360
Ojha, J.1. The appellant, Nanhu was a sub-tenant of two plots 27 and 201. A suit for his ejectment was filed by Par-gan Singh, deceased husband of respondent No. 4 under Section 175 of the U. P. Tenancy Act and a decree was passed for his ejectment on November 5, 1943. The decree was executed and possession was delivered to Pargan Singh on May 25, 1944. Notwithstanding the decree and Dakhaldihani in the suit aforesaid the name of the appellant continued to be recorded as a sub-tenant, which on an application being made by Pargan Singh was subsequently expunged in 1363 F and thereafter the name of Pargan Singh continued to be recorded in village papers. Subsequently, the village in which the aforesaid two plots are situate was brought under consolidation operations and in the basic year Khatauni the name of Pargan Singh stood recorded. An objection was filed by the appellant under Section 12 of the U. P. Consolidation of Holdings Act claiming Adhivasi and thereafter sirdari rights on th...
Balak Ram Vs. State
Court: Allahabad
Decided on: Oct-24-1972
Reported in: 1973CriLJ750
ORDERP.N. Bakshi, J.1. This is a reference by the Additional District and Sessions Judge, Bareilly dated 12.2.1971 enhancing the rate of maintenance allowance awarded to Srimati Angoori Devi wife of Balak Ram under Section 489 Cr.P.C. from Rs. 19/- per month to Rs. 75/- per month.2. It appears that Srimati Angoori Devi had moved an application under Section 488 Cr.P.C. against her husband Balak Ram in which a compromise was arrived at between the parties. In this compromise it was agreed that Srimati Angoori Devi would be paid a monthly allowance of Rs. 19/- and that the said amount will not be increased or decreased in future. On the basis of this compromise the Magistrate passed an order on 24.5.1957 in case No. 10 of 1957 directing. Balak Ram to pay Rs. 19/- per month as maintenance allowance to Srimati Angoori Devi. Sometime after the passing of the order Srimati Angoori Devi filed an application under Section 489 Cr.P.C. for enhancement of the maintenance allowance which was rejec...
Kunwar Bhopal Singh and ors. Vs. Sheoraj Singh and ors.
Court: Allahabad
Decided on: Oct-23-1972
Reported in: AIR1973All70
ORDERK.B. Asthana, J.1. I have heard the learned counsel for the parties. It is obvious from the facts of the case, as revealed by the material on record, that there are two factions in the body which manages the Kisan Inter College, Mohiuddinpur. There have been internecine differences and the usual story has been repeated in this Institution also that the rivalries amongst the members for securing power and position have culminated in the sordid state of affairs affecting prejudicially the students and the staff. It appears that the administration of the College was run at one time by Sri Bhopal Singh when some time in 1970 an award was given constituting the plaintiffs as the committee of management for a term of three years. This award was made a rule of the court. The President of this committee was one Sri Tara Singh and the Manager Sri Sheoraj Singh. But the spirit of accommodation and mutual respect and regard for each other amongst the members does not seem to have lasted and ...
Smt. Dayali Devi Vs. CaptaIn J.M. Mitra and anr.
Court: Allahabad
Decided on: Oct-19-1972
Reported in: AIR1973All249
Kirty, J.1. Suit No. 31 of 1958, giving rise to this appeal, was instituted on February 1, 1957 by Dr. J. N. Mitra, in his capacity as the executor of the will of Sham-sher Singh dated 14th July, 1944, against Smt. Dayali Devi, widow of the said testator. Shamsher Singh died issueless on January 20, 1946. Under the will, Smt. Dayali Devi was given a right of residence and a life interest in the income from the estate, the management of which was vested in and entrusted to Dr. Mitra, the executor, and after her death the entire estate was to be given to the trustees of the Ram Krishna Mission, Kankhal, Hardwar in trust for founding and maintaining a hospital. The relief sought in the suit was for possession of the properties mentioned in the Schedule appended to the plaint, subject to the rights and interests of Dayali Devi therein. Shamsher Singh's sister, Smt. Dewa Devi was impleaded as defendant No. 2 at her own instance and in pursuance of an application made by her. The suit after ...
Commissioner, Sales Tax Vs. Mukat Lal Om Prakash
Court: Allahabad
Decided on: Oct-19-1972
Reported in: [1973]31STC532(All)
T.S. Mishra, J. 1.The Commissioner, Sales Tax, Uttar Pradesh, Lucknow, has, at the instance of the State of U.P., referred the following questions for our opinion under Section 11 of the U.P. Sales Tax Act :(1) Whether under the circumstances of the case, the report of refusal by the postal authorities on the envelope containing assessment order and demand notice sent by registered post to the correct address amounts to proper service ?(2) Whether it was compulsory on the part of the postal authorities to write the name, etc., of the person who refused the registered letter when the letter was correctly addressed?2. Mukat Lal Om Prakash of Bulandshahr were dealers in food-grains, oil-seeds, etc. The Sales Tax Officer having found that the assessee did not deposit the sales tax and file quarterly returns for the year 1960-61, proceeded to take action under Section 21 of the U.P. Sales Tax Act. The Sales Tax Officer sent a copy of the notice to the assessee through registered A.D. post, ...
Marwari Sabha Pilakhwa Vs. Sri Kanhaya Lal and ors.
Court: Allahabad
Decided on: Oct-17-1972
Reported in: AIR1973All298
K.B. Asthana, J.1. The plaintiff applicant M/s. Marwari Sabha Pilakhwa, a society registered under the Societies Registration Act, and Bhagwat Prasad, have filed this revision under Section 115 of the C. P. Code against a revisional order passed by the Additional District Judge, Meerut, refusing the grant of a temporary injunction restraining the defendants opposite parties from interfering with the functioning of Bhagwat Prasad as the manager of the Marwari Intermediate College run by the Marwari Sabha Pilakhwa pending their suit for a permanent injunction in the court of the Munsif Ghazia-bad.2. Admittedly Marwari Sabha Pi-lakhwa runs and manages the Marwari Intermediate College, a secondary school recognised by the Board of High School and Intermediate Education, Uttar Pradesh. The provisions of the Intermediate Education Act and the Regulations made thereunder applied to the said college. Under the provisions of the said Act and the Regulations a scheme has been framed providing fo...
State Vs. Mirza Bashir Beg.
Court: Allahabad
Decided on: Oct-13-1972
Reported in: 1973CriLJ1645
ORDERM.N. Shukla, J.1. This Government appeal is directed against the order of the Temporary Sessions Judge, Mathura dated 2-4-1969 acquitting the respondent of the charge of contravening Rules 18 and 20 of the U. P. Dookan Aur Vanijya Adhisthan, Niyamawali, 1963.2. The case against the respondent was that he was the proprietor of M/s. Quality Tailors situate in Kanhaiya Cloth Market, Mathura and on 18-10-1967 when Sri S.P.. Singh. Labour Inspector, Mathura visited the said shop he found that the proprietor did not maintain leave register, fine and deduction register and inspection book and further that the attendance register was incomplete. According to the Labour Inspector the extracts of the provisions of law relating to the shops were also not exhibited on the shop. The Labour Inspector, therefore, made an inspection note referring to the aforesaid shortcomings and mentioned Section 32 and Rules 18 and 20 as the provisions of law which had been contravened-3. Section 32 of the Doo...
Union of India (Uoi) and anr. Vs. Smt. Chand Putli
Court: Allahabad
Decided on: Oct-12-1972
Reported in: AIR1973All362
K.B. Asthana, J.1. The plaintiff-respondent Smt. Chand Putli entered India on a Pakistani passport. She overstayed the term of her visa at Agra. She was apprehended by the police authorities for deportation to Pakistan. Thereupon she commenced the suit giving rise to this appeal alleging that she was an Indian citizen and was not liable to be deported. A relief for injunction was sought against the State Government and the Union of India. The suit was contested on behalf of the Union of India on the ground that the plaintiff was a citizen of Pakistan and not a citizen of India and that the civil court had no jurisdiction to entertain the suit and determine the question of citizenship. The plaintiff then got the hearing of the suit stayed and applied to the Central Government for determination of her status under Section 9 of the Citizenship Act, 1955. She was asked to make such respresentations as she Wished by filing affidavits and other material evidence which she did. She however, r...
Khadim HusaIn Vs. State of U.P., Lucknow and ors.
Court: Allahabad
Decided on: Oct-09-1972
Reported in: AIR1973All132
Mathur, J.1. These three writ petitions have been referred to this Bench at the instance of a learned Single Judge as he was of the view that certain Single Judge decisions cited before him required reconsideration. In these petitions the petitioners have challenged the acquisition of their land in pursuance of two schemes which were framed under the U. P. Town Improvement Act, 1919, but were finalised and sanctioned under the U. P. Avas Evam Vikas Parishad Adhiniyam, 1965.2. In or about the year 1965, the Gorakhpur Improvement Trust framed two housing accommodation schemes the Rustampur-Tiwaripur Housing Accommodation Scheme and the Surajakund Housing Accommodation Scheme. The notices under Section 36 of the Town Improvement Act in respect of the Rustampur-Tiwaripur Housing Accommodation Scheme were published in the U, P. Gazette dated March 13, 1965. The notices relating to the Surajkund Housing Accommodation Scheme were published in the U. P. Gazette dated June 12, 1965. By these no...
Commissioner, Sales Tax Vs. B.C.M. FranklIn and Co.
Court: Allahabad
Decided on: Oct-09-1972
Reported in: [1973]31STC251(All)
C.S.P. Singh, J.1. The Additional Judge (Revisions), Sales Tax, Bareilly, has referred the following question for our answer :Whether on the facts and in the circumstances of the case, welding electrodes are 'electrical goods' or even 'electrical equipments, plants and their accessories required for generation, distribution and transmission of electrical energy or not' 2. The assessee deals in a number of commodities including welding electrodes. The turnover of the assessee as disclosed in his account books was accepted by the Sales Tax Officer. The Sales Tax Officer, however, taxed the turnover in respect of electrodes at the rate of 7 per cent. for the year 1964-65 and at the rate of 10 per cent. for the years 1965-66 and 1966-67. The assessee filed an appeal against the order of the assessing authority, but the same was dismissed. One of the main reasons for the Assistant Commissioner in coming to the conclusion that electrodes were electrical equipments was the opinion of the Chie...
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