Allahabad Court February 1972 Judgments
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Union of India (Uoi) and ors. Vs. Union Carbide India Ltd.
Court: Allahabad
Decided on: Feb-22-1972
Reported in: 1978(2)ELT1(All)
Satish Chandra, J.1. These two special appeals raise common question. The connected writ petition deals with an ancillary matter.2. Special Appeal No. 307 of 1971 has been filed by the Union of India against the Union Carbide India Ltd. Special Appeal No. 429 of 1969 is by the Geep Flash Light Industries Ltd. against the Union of India and its Central Excise Authorities. Messers Union Carbide India Limited and the Geep Flash Light Industries Limited (hereafter called the companies carry on the business of manufacture and sale of, inter alia, torches of flash lights. They purchase aluminium slugs and from them made ''aluminium cans or torch bodies' in the course of manufacturing torches. These aluminium cans or torch bodies were subjected to excise duty under Entry 27(e) of the Central Excises and Salt Act, 1944 as 'extruded shapes and sections including extruded pipes and tubes'. The companies challenged this levy by instituting separate writ petitions in this court.3. In the writ peti...
Molhar Singh Vs. Raghunath
Court: Allahabad
Decided on: Feb-21-1972
Reported in: AIR1972All483
Satish Chandra, J.1. A learned single Judge of this Court has referred the following question of law for the opinion of the Division Bench:'On a correct interpretation of Section 17 of the Provincial Insolvency Act, 1920 where a debtor dies before he has been adjudicated insolvent, can the proceedings of insolvency on an application of the creditor under Section 9 of the said Act continue on substitution of the heirs and legal representatives of the deceased debtor and the latter be adjudged insolvent?'2. Raghunath the respondent made an application under the Provincial Insolvency Act for the adjudication oil Sagar as an insolvent. He alleged that a debt of more than Rs. 500 was due to him and that Sagar had committed several acts of insolvency. During the pendency of the proceedings Sagar died and his name was deleted from the array of the parries and his son Molhar Singh was substituted. He opposed the petition. He denied the debt and alleged that his father's thumb mark had been obt...
Ram Kishore and ors. Vs. Kesho Ram and ors.
Court: Allahabad
Decided on: Feb-18-1972
Reported in: AIR1972All336
Satish Chandra, J.1. These are two applications made on behalf of the defendants-appellants for permission to adduce additional evidence. Civil Misc. Application No. 4805 of 1962 was filed on 16th October, 1962. Civil Misc. Application No. 5358 of 1968 was filed on 4th September, 1968. These applications were filed during the pendency of a First Appeal in this Court, which is directed against a preliminary decree for accounts in a suit for partition and accounting. By an order dated 8th September, 1971, we rejected the prayer for permission to adduce two sale-deeds and a plaint as additional evidence in this Court. The defendants-appellants wished to produce two applications dated 29th November, 1954, and 17th July, 1956, as additional evidence. They have stated that these applications were not within their knowledge, and so they could not be filed in the trial Court. The appellants came to know of these applications after the institution of another suit for accounts (No. 177 of 1962) ...
State of U.P. and ors. Vs. Chaddha Srichand and Co.
Court: Allahabad
Decided on: Feb-18-1972
Reported in: AIR1972All437
Pathak, J. 1. Upon application made by Chaddha Sri Chand and Co., Basti in a suit filed by them against the State of Uttar Pradesh and its officers, the learned Civil Judge, Basti made an order consolidating that suit with a suit filed by the State against them. Against that order, the State has applied to this Court under Section 115 of the Code of Civil Procedure. When the revision application came on for admission before one of us (Hari Swarup, J.), a question arose whether it should be entertained inasmuch as such a revision application could also be entertained now by the learned District Judge under the amended Section 115. Accordiagly, the following question was referred for decision by a Division Bench:-- 'Whether the High Court should entertain a revision directly in cases where a revision under Section 115, C.P.C. is also entertainable by the District Judge without requiring the litigant to approach the District Judge before coming to this Court?' 2. The matter is now before ...
United Timber Corporation Vs. Commissioner, Sales Tax
Court: Allahabad
Decided on: Feb-18-1972
Reported in: [1972]29STC646(All)
R.S. Pathak, J. 1. In this and the connected references the Judge (Revisions) Sales Tax has referred the following question for the opinion of this court:Whether on the facts and circumstances of the case discussed in my judgment dated 28th Feburary, 1970, the cost of railway freight could be excluded from the turnover and could not be held liable to sales tax under the Central Sales Tax Act ?2. The assessee is a dealer in timber. He was assessed under the Sales Tax Act for the assessment years 1960-61 to 1964-65. For the assessment years 1960-61 and 1961-62, the assessing authority rejected the account version disclosed by the assessee and assessed him on an enhanced turnover. On appeal, the appellate authority maintained the rejection of the account version, but reduced the amount of assessed turnover. For the assessment years 1962-63, 1963-64 and 1964-65 also the Sales Tax Officer rejected the account version and enhanced the turnover. But on appeal the appellate authority accepted ...
Nagar Swasthya Adhikari, Municipal Board Vs. Gopi Chand
Court: Allahabad
Decided on: Feb-18-1972
Reported in: 1972CriLJ1695
ORDERS. Malik, J.1 This is an application under Section 417(3) of the Code of Criminal Procedure for leave to appeal to this Court against the judgment dated 1-12-1971 of a Magistrate 1st Class at Agra acquitting the opposite-party of an offence punishable under Section 16 read with Section 7 of the Prevention of Food Adulteration Act.2. Heard learned Counsel for the applicant and perused the impugned judgment.3. The facts of the case are that accused Gopi Chand was selling cow's milk on 29th April. 1971 at 7.00 P. M. Kunwar Singh, Food Inspector, gave him a notice under Rule 12 and obtained from him a receipt (EX, Ka. 1) He then purchased 660 millilitres of milk for 75 paise and obtained the receipt (Ex. Ka. 2).4. He divided the milk into three parts put them into three phials and sealed them as required by Section 11(6) of the Prevention of Food Adulteration Act (Act No. 37 of 1954) and gave one phial to the accused sent one to the Public Analyst for analysis and report and one phial...
Ganga DIn Vs. Krishna Dutt
Court: Allahabad
Decided on: Feb-17-1972
Reported in: AIR1972All420
Dwivedi, J. 1. The appellant Ganga Din has filed this special appeal against the judgment of a learned Single Judge in a Second Appeal with his leave.2. The plaintiff Krishna Dutt alias Ram Dutt, instituted a suit for damages for his malicious prosecution by the appellant and certain other persons. The trial Court dismissed the suit as against other persons but granted a decree for Es. 500/-against the appellant. The decree of the trial Court was affirmed by the lower appellate Court. The learned Single Judge dismissed the second appeal of the appellant.3. Facts found by the lower courts are these. The plaintiff is a Brahman. He was a zamindar of the village Shah-jahanpur in the district of Kanpur. The appellant is a Chamar. There was friction between the caste Hindus and the Hari-jans in the village. The appellant lodged a first information report at the police station Bhognipur on September 21, 1948. The report was made for offences punishable under Sections 147 and 395 of the Indian...
Jageshwar Vs. State
Court: Allahabad
Decided on: Feb-17-1972
Reported in: 1973CriLJ501
B.D. Gupta, J.1. Appellant Jageshwar has been convicted for the offence punishable under Section 333 I.P.C. the sentence awarded being rigorous imprisonment for two years. After hearing learned Counsel for the parties. I am of opinion that the conviction of the appellant cannot be sustained.2. The prosecution case was as follows: On the 9th of October 1966 at about 2.30 p.m. the appellant was noticed on a cycle. with a 'zhola' hanging by its handle, having passed the toll barrier without having octroi duty on goods contained in the aforesaid 'Jhola' consisting of 50 packets of 'surf powder. The appellant was asked to stop but as he did not do so he was apprehended and whilst the appellant was being taken, with his cycle in his hand, to the office of the municipal board for legal action, the appellant scuffled with the peons of the municipal board in order to release himself and in the course thereof, used force against the left hand of peon Numan Ali which resulted in a contusion over ...
Hari Ram Sharma and anr. Vs. Government of U.P. and ors.
Court: Allahabad
Decided on: Feb-16-1972
Reported in: AIR1973All214
ORDERC.S.P. Singh, J.1. The State Transport Undertaking in exercise of powers under Section 68-C of the Motor Vehicles Act (hereinafter referred to as the Act) published a scheme in the U. P. Gazette dated June 25, 1960, in respect of the Aligarh-Tappal route. Objections were filed against the proposal. These objections remained pending and subsequently a representation was submitted to the Minister of Transport, U. P. on 29-1-1971. It is said that a delegation of operators of the route contacted the Minister concerned personally in respect of this representation and subsequent thereto, reminders were also sent. The Minister concerned, seems to have passed an order on the 24th March, 1971 for denotification of the route. The Minister of Transport also sent a letter on the 25th March, 1971 to one Chandra Pal Singh who is Vice-President of the Union of Operators, intimating to him that he had decided that the route should be denotified, and that he would be informed in due course about t...
Smt. Kamla Devi Vs. Rajendra Pal Singh
Court: Allahabad
Decided on: Feb-16-1972
Reported in: AIR1972All338
K.N. Srivastava, J.1. This is an appeal by the defendant-appellant arising out of the following facts:The plaintiff-respondent filed a petition under Sections 10 and 13 of the Hindu Marriage Act for dissolution of marriage and a decree for divorce. The parties were married according to Hindu rites on 1-5-1962. The plaintiff contended that the marriage was solemnised at Ujhani District Budaun. He also contended that for some time the appellant lived with him and then went to her father's house. In spite of the plaintiff's attempt, she did not return. It was alleged that the defendant-appellant was a woman of loose morals and there have been threatson her behalf to kill the plaintiff.2. The petition was opposed by the appellant and inter alia it was pleaded that the marriage took place at village Kalva Bhoj District Shahjahanpur and the Budaun Court had no jurisdiction to try the suit.3. The trial Court held that the marriage took place at Kalva Bhoj District Shahjananpur and the Budaun ...
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