Allahabad Court September 1972 Judgments
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NaraIn Kumar Vs. Onkar Nath Agarwal
Court: Allahabad
Decided on: Sep-29-1972
Reported in: AIR1973All257
K.B. Asthana, J.1. The defendant appellant, Narain Kumar, took on rent a power machinery run by electricity fixed in a building at Rs. 70/- per month for a period of eleven months from the plaintiff respondent who was the owner of the said machine and building. The defendant signed a document on a stamp-paper of rupees twelve which is a 'Kabuliyat' containing the terms on which he took the power machine and the building on lease. It shows that the defendant agreed to pay Rs. 70/- per month as the rent for the power machine and the building in which it was installed. The defendant was to pay for the electricity consumed for running the machine and was permitted to make necessary additions and alterations in the walls of the building and internal structure and when quitting was to restore the machinery and the building in the same condition as when they were leased. The lease was for a period of eleven months and at the option of the defendant he could continue to be a lessee on payment ...
Rasik Behari Vs. the State of Uttar Pradesh
Court: Allahabad
Decided on: Sep-29-1972
Reported in: 1973CriLJ1648
ORDERP.N. Bakshi, J.1. The applicant Rasik Behari Is being prosecuted for an offence under Section 7/16 of the Prevention of Food Adulteration Act From a perusal of the record it appears that Sri R. L. Trivedi. Food Inspector (F. W. 1) was examined under Section 252, Criminal P. C. on 8-7-1969 and the accused was examined on 22-7-1969. A charge was duly framed against the accused under Section 7/16 of the Food Adulteration Act It appears from the perusal of the order sheet that on 7-10-1969 in the presence of the accused the Court fixed 22-10-1969 for the prosecution evidence-On that day the witnesses did not come. On an application being made 21-11-1969 was fixed for prosecution evidence. On this date also the prosecution witnesses could not be produced. The date was therefore adjourned to 17-12-1969 for the aforesaid purpose. The case was again adjourned to 7-1-1970 on which date the accused and his counsel were present The statements of prosecution witnesses Shyatn Babu (P. W. 2) an...
State of Uttar Pradesh Vs. Ahsan Ali
Court: Allahabad
Decided on: Sep-29-1972
Reported in: 1973CriLJ1471
J.M.L. Sinha, J.1. This appeal arises out of the judgment and order dated 4th of December, 1968, passed by Additional District Magistrate, Aligarh acquitting the respondent of the offence under para 7 (2) of the Foreigners' Order, 1948 read with Section 14 of the Foreigners Act.2. The prosecution case shortly stated is as follows:-Ahsan Ali, respondent, is a national of Pakistan. On 13th of May 1968 at about 3 P. M. Sri Satya Prakash Saxena (P. W. 1), Sub-Inspector, Aligarh, arrested him from Mohalla Jaiganj and it then transpired that he came to India from Pakistan on 19th July, 1953 on a Pakistani Passport No. 124896 dated 8-7-1953 and Indian Visa No. 32093 dated 11th July, 1953 which was valid upto 10th of October, 1953. The respondent got the visa extended upto 10th of December, 1953. He did not however, go back to Pakistan within the extended period of the visa nor did he get any residential permit prepared till the date of his arrest. He was, therefore, sent up for prosecution un...
Satya Pal Verma Vs. Income-tax Officer, C-ward and anr.
Court: Allahabad
Decided on: Sep-28-1972
Reported in: [1977]106ITR540(All)
R.L. Gulati, J. 1. This is a petition under Article 226 of the Constitution. 2. There were some income-tax arrears due from Sri A. N. Verma, the father of the petitioner. Sri A. N. Verma died in the year 1958; the arrears related to assessment years 1947-48, 1949-50 to 1955-56. The Income-tax Officer, Dehra Dun, is trying to realise the arrears of tax from the petitioner by attachment of his property and by way of proceedings under Section 226(3) against the tenants of the petitioner's property and from the creditors of the petitioner. Even the money payable to thepetitioner under (insurance) policies of his life were sought to be attached. The petitioner has challenged these proceedings on various grounds such as :(i) that the recovery proceedings had been initiated against him without serving upon him a notice of demand ; (ii) that the petitioner has not inherited any asset from the deceased and, as such, is not liable to pay the arrears of tax. (iii) that his personal property is ...
Suraj Bhan and anr. Vs. Executive Engineer and anr.
Court: Allahabad
Decided on: Sep-27-1972
Reported in: AIR1973All269
T.S. Misra, J. 1. This is a plaintiffs appeal arising out of a suit for permanent injunction to restrain the Executive Engineer, Tube Well Division, Bulandshahr and the Special Land Acquisition Officer. Meerut from interfering with their possession and use of the plots of land in suit and from taking possession of the same. The plaintiffs alleged that they were the Bhumidhars of the plots in suit. The defendants were, however representing that they had acquired the said land for the purposes of State Tube Well No. 114 Hapur Group Service Road. The plaintiffs contended that no valid acquisition proceedings had been taken in respect of the said land. No notifications under Sections 4 and 6 of the Land Acquisition Act had been published nor any notice for acquisition had been served on them. As the defendants were threatening to interfere with the plaintiff's possession the suit for the aforesaid reliefs was filed. The defendants contested the suit contending that the Khasra Nos. 970. 850...
Hindustan Aluminium Corporation Ltd. Vs. the U.P. State Electricity Bo ...
Court: Allahabad
Decided on: Sep-27-1972
Reported in: AIR1973All263
C.S.P. Singh, J.1. The petitioner is a public limited company, and owns and runs an aluminium factory at Renukoot in the district of Mirzapur. The aluminium industry is a power based industry, in the sense that electrical energy is essential for the manufacture of aluminium. On the 29th of October. 1959, it entered into an agreement with the State of Uttar Pradesh for the supply of 55,000 K. W. of electricity from the Rihand Hydel Station (Annexure I to the petition). Clause 12 (b) of the agreement provided that in case the total generation of energy of the Rihand Hydroelectric generation station was reduced by causes beyond the Government's control, then the energy available would be rateably distributed amongst all consumers. Clause 13 (b) of the said agreement made it incumbent for the company to Pay each bill within thirty days of the delivery thereof with five days of grace. In case the company disputed any item of the bill, it had to notify the Government in writing within thirty...
Commissioner, Sales Tax Vs. B.M. Wood Works : No. 2
Court: Allahabad
Decided on: Sep-27-1972
Reported in: [1973]32STC71a(All)
R.L. Gulati, J.1. This is a reference under Section 11(3) of the U. P. Sales Tax Act, 1948, by the Commissioner, Sales Tax, Lucknow. The question referred for our opinion is as below :Whether boxes made of Mr are timber products as contemplated by Notification No. ST-3393/X-1012-1962 dated 1st July, 1962, as amended by Notification No. ST-6879/X-10I2-1962 dated 19th January, 1963.2. A Division Bench of this Court has held in Commissioner of Sales Tax, U. P., Lucknow v. B. M. Wood Works, Allahabad 1971 U.P.T.C. 145 (S.T.R. No. 124 of 1970 decided on 19th February, 1971), that wooden boxes made of chir are timber products. Following that decision, we answer the question in the affirmative, in favour of the department and against the assessee. There is no order as to costs....
Beer Singh and ors. Vs. State and ors.
Court: Allahabad
Decided on: Sep-27-1972
Reported in: 1973CriLJ755
ORDERP.N. Bakshi, J.1.This application in revision arises out of proceedings under Section 145, Cr.P.C. Zulfi alias Jugal Kishore moved an application under Section 145. Cr.P.C. against Bir Singh and others on the allegations that he is the tenant in possession over plot No. 383 area 6.85 acres, situate in village Chandpur Khurd, and that the opposite parties without any right thereto were interfering with his possession, which was likely to lead to a breach of peace. On this application the magistrate called for a report from the Station Officer Nojhil which was submitted on 29.9.1969. Being satisfied there from as to the existence of an apprehension of breach of peace, the Magistrate passed a preliminary order on 6.10.1969. In pursuance of the preliminary order parties were directed to file their written statements and affidavits in support of their respective claims. On behalf of Jugal Kishore three affidavits were filed including his own. Certain documentary evidence was also filed...
State Vs. Mahmood Butt and ors.
Court: Allahabad
Decided on: Sep-26-1972
Reported in: 1973CriLJ881
ORDERP.N. Bakshi, J.1. This is a revision filed by Sri B. N. Katju, the Public Prosecutor against the order of the I Civil and Sessions Judge. Allahabad dated 13.3.1972 rejecting his application for withdrawal of criminal case No. 449 of 1970. State v. Sri Mahmood Butt I.A.S. Administrator and 26 other employees of the Nagar Mabapalika, Allahabad. It appears that on 12.10.1970 Sri G.C. Ohaturvedi, I.A.S. District Magistrate, Allahabad had taken cognizance of an offence punishable under Sections 147, 148, 149, 302 read with Section 301, I.P.C. 307 and 395 I.P.C. against the accused referred to above. After taking cognizance, the District Magistrate transferred this case to the file of the Additional District Magistrate (Judicial) Allahabad for disposal according to law. The accused Sri M. Butt filed a revision against the order of the District Magistrate taking cognizance of the case which was referred by the I Additional Civil and Sessions Judge, Allahabad on 2.2.1972 to this Court for...
M. Butt and ors. Vs. State
Court: Allahabad
Decided on: Sep-26-1972
Reported in: 1973CriLJ886
ORDERP.N. Bakshi, J.1. The applicant Sri Mahmood Butt, I.A.S. was the Administrator of the Nagar Mahapalika. Allahabad in the month of July, 1969. On 29.7.1969 a number of persons belonging to the Nagar Mahapalika staff went to the Sangam area, for realizing boat tax and for seizure of the boats. The Station Officer, Daraganj who was present in that area advised the Mahapalika authorities not to make recoveries of tax, or to seize boats as 29th July happened to be a bathing day (Purnamashl). Next morning i.e. on 30.7.1969 at about 9.30 a.m. the Nagar Mahapalika staff as well as the present applicant Sri M. Butt went to the Sangara area for the recovery of boat tax and seizure of boats if necessary. The Station Officer, Daraganj was given prior information by the Nagar Mahapalika that his assistance might be required on that day. It appears that the boatmen refused1 to pay the tax and they also resisted the attempt made by the Nagar Mahapalika staff to seize their boats. Brick-batting w...
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