Allahabad Court December 1972 Judgments
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State of U.P. and ors. Vs. Smt. Vidhya Wati
Court: Allahabad
Decided on: Dec-08-1972
Reported in: AIR1973All409
Satish Chandra, J.1. In pursuance of a notice under Section 10(2) of the Imposition of Ceiling on Land Holdings Act, 1960. Smt. Vidya Wati, respondent filed an objection that her eons were tenure-holders in their own separate rights within meaning of the Act and their share of the holding cannot be taken into consideration while declaring her ceiling area. This objection was rejected by the Prescribed Authority and the finding was upheld in appeal by the learned District Judge, Bijnor. Smt. Vidya Wati instituted a writ petition. A learned single Judge upheld her contention that the primary question to be determined was whether the sons of Smt. Vidya Wati were holders of a holding in their own separate right or not. This question was not determined by the authorities below. On this view the writ petition was allowed and the matter was sent back for decision afresh. Aggrieved, the State has come up in appeal,2. The finding is that Smt. Vidya Wati and her two sons are recorded jointly ove...
Chhotey Mian Vs. State
Court: Allahabad
Decided on: Dec-07-1972
Reported in: 1973CriLJ908
D.S. Mathur, J.1. This is a reference by the Additional Sessions Judge, Bareilly with the recommendation that the order dated 3.4.1971 of the Assistant Sessions Judge be set aside and the order of the Judicial Magistrate Bareilly committing the accused to also stand his trial for the offence of rape punishable under Section 376 I.P.C. be quashed and the Assistant Sessions Judge be directed to try the accused merely for the offence of kidnapping punishable under Sections 363 and 366 I.P.C.2. The learned Sessions Judge evidently made the reference relying upon the decision of this Court in State v. Sri Lal 1971 Cri LJ 141 (All). The reference came up for hearing before Mohd. Hamid Hussain, J. who has rightly pointed out that law to the contrary has been laid down by the Supreme Court in Purushottam Das Dalmia v. State of West Bengal : 1961CriLJ728 . He however felt that the Single Judge decision could not be disregarded or overruled by him. This is why this reference has come up before u...
Ram Bilas Vs. the Person and Property of Sureshchandra and anr.
Court: Allahabad
Decided on: Dec-06-1972
Reported in: AIR1973All127
J.M. Lal, J. 1. In this case Smt. Resham Wati respondent No. 2 who is the real sister of minor Suresh Chandra was appointed by the District Judge Hardoi as guardian of the person and property of this minor with the consent of the appellant who is minor's distant uncle and was himself a counter claimant in those proceedings. The District Judge passed his order in terms of this agreement and directed the minor to be delivered to the guardian who was also ordered to maintain and submit accounts regarding the income of the property of the minor. 2. The appellant subsequently changed his mind and he filed this appeal alleging that Smt. Resham Wati was not a suitable person for appointment of guardian of minor's person as she was the next presumptive heir In case the minor died. 3. Sri B. L. Shukla, learned counsel for the appellant relied on a decision of Madras High Court in M. Narasayya v. A. Venkatappa. (AIR 1923 Mad 359) in support of his contention that the presumptive heir to the prop...
Narendra Lal Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Dec-06-1972
Reported in: [1974]93ITR534(All)
C.S.P. Singh, J.1. The assessee was, in the relevant assessment year 1948-49, a Hindu undivided family. Its assessment for that year was made by including in the returned income amounts of certain credits appearing in the books of the assessee as being income from undisclosed source. In view of the additions made in its income, the Income-tax Officer issued a notice under Section 28(3) of the Indian Income-tax Act, 1922, on February 27, 1958. Penalty proceedings dragged on and eventually terminated by an order, dated August 22, 1963, by which the Income-tax Officer imposed a penalty on the assessee for concealing its income. The assessee had while the penalty proceedings were pending claimed a partition of the joint Hindu undivided family as from the 6th May, 1958. The Income-tax Officer had not accepted the partition but the assessee went up in appeal against that order and the appeal was eventually allowed on the 12th December, 1963, by an order recognising the partition as from 6th ...
P.C. Kapoor Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Dec-06-1972
Reported in: [1973]90ITR172(All)
H.N. Seth, J. 1. At the instance of the applicant-firm, P.C. Kapoor and Brothers, the Appellate Tribunal, Allahabad, has referred the following question arising in respect of assessment years 1962-63 and 1963-64 for the opinion of this court:' Whether, on the facts and in the circumstances of the case, the refusal of registration or the continuance thereof was legally valid in terms of Section 184/185 of the Income-tax Act, 1961 '2. There was a partnership-firm carrying on business in the name and style, P. C. Kapoor and Bros. This firm consisted of five partners, viz., (1) Shyam Kishore Kapoor, (2) Nawal Kishore Kapoor, (3) Prem Chand Kapoor, (4) Om Prakash Kapoor, and (5) Ragho Kapoor. It was registered under the provisions of the Income-tax Act for the assessment year 1961-62. On 9th April, 1961, the aforementioned persons and Sarvashri Debi Prasad and Badri Prasad entered into a partnership agreement and stipulated that the assets and liabilities of P.C. Kapoor and Bros, were to be...
Ganga Ram and anr. Vs. Tribeni Rai and anr.
Court: Allahabad
Decided on: Dec-05-1972
Reported in: AIR1973All462
T.S. Misra, J.1. This is plaintiffs' appeal arising out of a suit for mandatory injunction to direct the defendants to close the opening shown by letters M in the site plan given at the foot of the plaint. The plaintiffs alleged that in the wall CD the defendants forcibly made an opening measuring 3' x 3' on 16th July 1961 as a result of which the latrine and Angan of the plaintiffs' house were visible and the privacy of the plaintiffs were interfered with, They also alleged that purdah system was observed in their family and the alleged opening greatly interfered with that system. Consequently they asked the defendants to close the opening but they paid no heed hence the suit was filed for the aforesaid reliefs. The defendants resisted the suit on a number of grounds. They alleged that the opening was not new and that the plaintiffs did not have any right of privacy nor that right was interfered with. They further alleged that they had acquired a right of easement of light and air thr...
State of U.P. Vs. L. Rama Gopal Gupta and ors.
Court: Allahabad
Decided on: Dec-05-1972
Reported in: 1973CriLJ748
K.N. Seth, J.1. The respondents, who are Directors of the Laxmi Ratan Cotton Mills Company Limited Kanpur, were prosecuted on a complaint, filed by the Provident Fund Inspector, U.P. after obtaining previous sanction of Labour Commissioner U.P. under Section 14(3) of the Employees' Provident Funds Act, 1952 (hereinafter referred to as the Act). It was alleged that respondents failed to invest the employees' and employers' contributions for the months of July 'August and September 1965 within the specified period and thereby rendered themselves liable to penalty provided under Sub-section (2A) of Section 14 of the Act.2. Pleading not guilty the respondents, inter alia, challenged the validity of the sanction granted by the Labour Commissioner U.P. for the prosecution. It was contended that the Central Government alone was competent to specify the authority to accord sanction for the prosecution and as the Labour Commissioner U.P. had not been so specified by the Central Government, the ...
Kailash Chand and ors. Vs. Bhupal Nath and ors.
Court: Allahabad
Decided on: Dec-04-1972
Reported in: AIR1973All238
T.S. Misra, J.1. This is a defendants' appeal. In the suit which gave rise to this appeal the plaintiff alleged that the temple in which the deity of Bhuteshwar Mahadeoji Maharaj is installed is situate in old plot No. 47 which corresponds to the new plot No. 76. According to the plaintiff this temple was constructed by his ancestors. Thereafter a common ancestor Sri Man Nath be-came the sole owner of the temple and received the total offerings. He had three sons, Bal Nath, Gulab Nath and Nand Nath. The plaintiff claimed to be entitled to half share in the offerings made in the said temple. This suit was contested by the appellants, who denied the various allegations made by the plaintiff and disputed the right of the plaintiff to receive the offerings made in the said temple. It was alleged by the defendants that out of the old plot No. 47 of 1872 twelve plots were carved out in the year 1901 which included the plot No. 76. The temple of Bhuteshwar Mahadeoji Maharaj was constructed in...
Shanker Dayal Agarwala Vs. the State of U.P. and anr.
Court: Allahabad
Decided on: Dec-04-1972
Reported in: AIR1973All310
M.N. Shukla, J. 1. This is a plaintiff's second appeal arising out of a suit for injunction. 2. The plaintiff has his house in Mohalla Aliganj in the city of Banda, abutting the land in suit which according to plaintiff is a lane or public thoroughfare. The defendant No. 2, namely, the Municipal Board, Banda made constructions adjoining the eastern wall of the plaintiff's house. Hence, the appellant prayed for the removal of the wall made by the Municipal Board and also for a prohibitory injunction restraining the Board, for making constructions on the 10 feet land towards the last of the plaintiff's house. The suit was dismissed by both courts. The trial court recorded a finding that the plaintiff had failed to establish that there was a lane to the east of his house. This finding was reversed by the lower appellate court which came to the conclusion that the plaintiff had proved the existence of a lane to the east of his house but it agreed with the court of first instance on the poi...
Pratap NaraIn and anr. Vs. State
Court: Allahabad
Decided on: Dec-02-1972
Reported in: 1972CriLJ950
ORDERS. Malik, J.1. The learned Counsel for Pratap Narain and Bankey Lal conceded at the outset that as there is no provision in the Code of Criminal Procedure under which an appeal may lie to this Court against an order passed under Section 514 of the Code of Criminal Procedure, this case may be treated as a criminal revision. The case, therefore. is being treated as a criminal revision instead of as an appeal.2. The relevant facts, as is apparent from the record. are that Rajendra Kumar an accused wanted in a murder case pending in the court of Shri V. P. Mathur, dditional Sessions Judge, Farrukhabad. did not put in an appearance on 19-4-1969 in that court which was a date fixed in the sessions trial. The learned Sessions Judge. therefore, ordered orfeiture of the surety bonds of the applicants who stood as sureties for Rajendra Kumar when he was enlarged on bail. In the same order dated 19-4-1969 the learned Sessions Judge irected that the notices be issued to the applicants to show...
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