Allahabad Court December 1972 Judgments
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Bashir Ahmad Vs. Smt. Zainabun Nisan and ors.
Court: Allahabad
Decided on: Dec-15-1972
Reported in: AIR1973All339
Om Prakash Trivedi, J.1. The first appeal has been filed by defendant-Bashir Ahmad and arises from the order dated 5-8-1971 passed by Sri G. S. N. Tripathi, Additional Civil Judge, Meerut under the following circumstances.2. The plaintiff-respondents, who are the landlords of certain premises which are in occupation of the appellant as a tenant, filed a suit for the appellant's ejectment in the court of Munsif, Meerut on the basis of a permission and also on the ground that the defendant was in arrears alleging that the defendant's tenancy had been terminated by a notice served upon him under Section 106 of the Transfer of Property Act. The suit was contested on diverse grounds which need not be stated here. The defendant was absent in spite of service of summons and the suit was decreed ex parte. The defendant filed an appeal against the ex parte decree. The appeal was allowed, the ex parte decree was set aside and the suit was remanded by the lower appellate court for retrial. On the...
State of Uttar Pradesh Vs. Kotak and Co. and ors.
Court: Allahabad
Decided on: Dec-14-1972
Reported in: AIR1973All230
ORDEROm Prakash Trivedi, J. 1. This petition in revision has been filed by the State and arises from an order dated 3-7-1969 passed by the Additional Civil Judge, Aligarh in the following circumstances. 2. M/s. Kotak and Co., opposite party No. 1 and M/s. Gannon Dunkerley and Co. Ltd., opposite party No, 2 obtained decrees in the sum of Rs. 16,812/- and odd and Rs. 8198/- and odd against the firm Ramchand Spinning and Weaving Mills, Hathras, opposite party No. 3. Both the decree-holders put their decrees into execution. On 21-9-1962 opposite party No. 2 moved an application which purported to be under Section 73(1) of the Code of Civil Procedure claiming rateable distribution of the assets of the judgment-debtor held by the Court. It may be mentioned here that in execution of their decree M/s. Kotak and Co., got the Mills buildings, machinery and other assets belonging to the judgment-debtor, opposite party No. 3 sold for Rs. 2,45,000/-. One-fourth of this sale amount was deposited in ...
Desh Raj and ors. Vs. Lal Sahai Singh and ors.
Court: Allahabad
Decided on: Dec-13-1972
Reported in: AIR1973All292
Satish Chandra, J.1. This appeal arises out of a suit for ejectment under Section 209 of the U. P. Zamindari Abolition and Land Reforms Act.2. Lal Sahai Singh plaintiff-respondent No. 1 came to Court on the allegation that the defendant-appellants had transferred the plots in dispute to him under a registered deed of sale dated 9-7-1952. Subsequently they dispossessed the plaintiff hence the suit.3. The appellants contested the suit, inter alia, on the ground that the deed of sale was fictitious and void. The trial Court held that the sale deed was valid. The plaintiff was a Bhumidhar. The suit was decreed. The decree was affirmed in appeal. The defendants preferred a second appeal. The Board of Revenue held that on 9-7-1952 when the sale deed was executed the transferors were Sirdars and the Sirdari rights were not transferable. Section 43 of the Transfer of Property Act was applicable to transferable property only. On this view the appeal was allowed and the suit was dismissed.4. The...
Khairullah Vs. Badri
Court: Allahabad
Decided on: Dec-13-1972
Reported in: AIR1973All340
Om Prakash Trivedi, J.1. This appeal has been filed by plaintiff Khairullah and arises under the following circumstances: The appellant had filed a suit for recovery of Rs. 1488/-with costs against the respondent in the court of Munsif. Gorakhpur. The suit was decreed by the Munsif on 14-7-1970 for a sum of Rs. 1488/- with pendente lite and future interest. The defendant appealed and raised the point that during the pendency of the suit before the Munsif U. P. Act 14 of 1970 by which Sub-sections (2) and (3) of the Provincial Small Cause Courts Act, 1887 were amended had coma into force. By this amendment in Sub-section (2) of Section 15 subject to the exceptions specified in the Schedule and to the provisions of any enactment for the time being in force all suits of a civil nature of which value does not exceed Rs. 1000/-were made cognizable by the Court of Small Causes and by amendment in Sub-section (3) the State Government was empowered to direct that all suits of a civil nature of...
Jagar Nath Vs. Chhedi Dhobi and ors.
Court: Allahabad
Decided on: Dec-12-1972
Reported in: AIR1973All307
T.S. Misra, J. 1. This is a plaintiff's appeal arising out of a suit for specific performance of a contract of sale and for a declaration that the 'bara' situated to the south of his house was never sold by him to the defendant No. 1 and also for possession over the said 'bara' in case he was found to be out of possession. It was alleged by him that Purshottam who was impleaded in the suit as defendant No. 2 and who subsequently died during the pendency of the suit was his second cousin. Four or rive years prior to the filing of the suit Purshottam returned to the village with a view to settle down there. For this purpose he requested the plaintiff to find out a house for him. The plaintiff suggested that one of his houses, which is in fact the subject-matter of the suit, might be purchased by Purshottam on the condition that Purshottam and his heirs might continue in possession of the house for any length of time and in case they ever desired to sell the same, they would first offer t...
Sheo Shankar Vs. Sub-divisional Magistrate and anr.
Court: Allahabad
Decided on: Dec-12-1972
Reported in: AIR1973All293
ORDERK.B. Asthana, J.1. In March 1970 the petitioner was granted a licence for a double barrel gun. On some information having been laid before the Sub-Divisional Officer by the Superintendent of Police to the effect that the petitioner had been bound down to keep peace for a period of one year under Sections 107/117, Cr. P. Code, the Sub-Divisional Officer passed an order on 8-5-1970 suspending the licence and directed a show cause notice to issue to the petitioner why his licence be not cancelled. The petitioner appealed to 1he District Magistrate who upheld the order of the Sub-Divisional Officer and dismissed the appeal. It is against these two orders, one passed by the Sub-Divisional Officer suspending the licence, and the second passed by the District Magistrate as an appellate authority that this petition under Article 226 is directed. It is prayed that the said two orders be quashed by a writ of certiorari as the orders are not in conformity with the law.2. The first contention...
Niranjan Lal Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Dec-12-1972
Reported in: AIR1973All303
T.S. Misra, J. 1. This is a plaintiffs appeal arising out of a suit for recovery of certain compensation equivalent to market value of the consignment in question as well as loss of interest and cost of notice. The facts giving rise to this appeal, briefly, are as follows. 2. A consignment of timber wood containing 459 pieces of timber was despatched from Charkarpur to Aligarh Junction under a railway receipt dated 8th February 1962, which was endorsed in favour of the plaintiff for valuable consideration. The consignment was booked without actual weighment from the booking station as there existed no arrangement to weigh the wagon. Consequently the railway staff had made a remark in the railway receipt that the goods be weighed during transit. In the normal course the consignment should have reached its destination within a week but it reached the destination on 24th April 1962, after about two months of its despatch. When the consignment was offered for delivery the plaintiff found t...
The State of U.P. and ors. Vs. the Managing Committee, Arya Kanya Inte ...
Court: Allahabad
Decided on: Dec-12-1972
Reported in: AIR1973All458
Satish Chandra, J. 1. This appeal has been filed by the State and the officials of its education department, It is directed against the judgment of a learned single Judge, whereby he quashed an order appointing an authorised controller for the Arva Kanva Inter College, Jhansi. 2. On 21st April. 1971, the Director of Education U. P. served upon the Manager of the College a notice purporting to be under Section 16-D (2) of the U, P. Intermediate Education Act. It enumerated 19 irregularities and defects in the working of the institution, and stated that the mentioned irregularities made it clear that the management of the college was not being conducted properly and that the instructions issued by the Department were being repeatedly evaded. It required the institution to remedy the defects and to submit an explanation under Section 16-D (2). The management submitted a detailed explanation on 14th May. 1971. Thereafter, the Director made some further queries by his letter dated May 26. 1...
State of Uttar Pradesh and ors. Vs. Jwala Prasad Sheo Govind and ors.
Court: Allahabad
Decided on: Dec-12-1972
Reported in: [1974]33STC420(All)
Hari Swarup, J.1. The State of U.P. and Ors. have filed this special appeal against the judgment of a learned single Judge of this court allowing in part the writ petition filed by M/s. Jwala Prasad Sheo Govind and Ors., respondent No. 1, against the recovery proceedings taken by the sales tax authorities. According to the petitioner, and as admitted by the appellants, some amount was due as arrears of sales tax against M/s. Jwala Prasad Krishna Pal. The defaulter-assessee M/s. Jwala Prasad Krishna Pal was a joint Hindu family. Without clearing the arrears of sales tax the joint Hindu family discontinued the business. Thereafter, the karta of the joint Hindu family, namely, Jwala Prasad, entered into partnership with Sheo Govind, Raj Narain and Ram Pal. This partnership commenced business in the same premises under the name and style of M/s. Jwala Prasad Sheo Govind. The assets belonging to the joint Hindu family concern were transferred to this partnership-firm and the value credited ...
Haji KutubuddIn Vs. Allah Banda
Court: Allahabad
Decided on: Dec-08-1972
Reported in: AIR1973All235
K.B. Asthana, J.1. This appeal is concluded by a finding of fact. The only argument raised in support of the appeal by the learned counsel for the plaintiff appellant was that the court below erroneously rejected from consideration the report of the Commissioner which was relied upon by the court of first instance. The plaintiff had sued for recovery of a sum of Rs. 1,100/- as damages for breach of contract committed by the defendant. Timber of twenty eight mango trees including the roots was sold by the defendant to the plaintiff. It was further agreed that the defendant will uproot the trees and make available the timber and roots on payment of agreed price plus the labour charges and the plaintiff would transport the same in truck in specified lots. It was also agreed that in case the specified lots were not ready to be transported at any time when the trucks of the plaintiff came to the spot, then the defendant would be liable for the truck hire also. It was alleged by the plaintif...
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