Allahabad Court September 1972 Judgments
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Shri Kishan Singh Vs. Babu Singh
Court: Allahabad
Decided on: Sep-26-1972
Reported in: AIR1973All196
J.S. Trivedi, J. 1. This second execution decree appeal is directed against the judgment and decree of Temporary Civil and Sessions Judge, Mathura. Respondent Decree-holder Babu Singh had advanced some loan to Smt. Padam Kuer and on her death a decree was obtained against the assets of Smt. Padam Kuer deceased, in the hands of respondent Kishan Singh. In execution of the decree the decree-holder respondent got the bhumidhari plots attached. Appellant Kishan Singh then filed an objection and denied that the plots were the assets of the deceased Padam Kuer. The trial Court allowed the objection but in appeal the lower appellate Court allowed the, appeal and dismissed the objection holding that the property was liable to be attached as shown in the decree as the assets of Smt. Padam Kuer, hence this second execution decree appeal. 2. It is not disputed that the plots originally belonged to Doongar Singh, husband of Smt. Padam Kuer. On the death, of Doongar Singh succession was claimed by ...
Dr. Madan Gopal Gupta Vs. the Agra University and ors.
Court: Allahabad
Decided on: Sep-25-1972
Reported in: AIR1974All39
ORDERK.N. Singh, J. 1. The petitioner Madan Gopal Gupta has filed the present application for striking out defence of the Agra University and its authorities in Writ Petition No. 5467 of 1970 filed by him challenging the validity of a resolution of the Executive Council of the Agra University dated 27th September, 1970, terminating his services from the post of Registrar of the University. 2. The petitioner was Registrar of the Agra University. Certain charges were framed against him which were enquired into by a committee constituted by the Executive Council of the University. On the findings recorded by the Enquiry Committee, the Executive Council of the University passed a resolution dated 27th September, 1970, terminating the petitioner's services. The petitioner thereupon filed writ petition before this Court under Article 226 of the Constitution (Writ Petition No. 5467 of 1970) challenging the said resolution of the Executive Council on various grounds. One of the grounds raised ...
Ramesh Chand and ors. Vs. Board of Revenue and ors.
Court: Allahabad
Decided on: Sep-25-1972
Reported in: AIR1973All120
Satish Chandra, J. 1. A Bench has referred these two connected Special Appeals to a Full Bench because it felt that the decision of another Division Bench in Gotpal Narain v. Kanchan Lal, (AIR 1971 All 5561 required reconsideration. 2. Bhagmal, the respondent, was the original hereditary tenant of the holding in suit. The Zamindars obtained a decree for the ejectment of Bhagmal under Section 171, U. P. Tenancy Act, 1939, on February 7, 1942. In execution possession was delivered to the zamindars on 29th May, 1942. A couple of months later, in July, 1942, the zamindars inducted the appellants, Soran Singh and others as hereditary tenants over the holding in dispute. Some disputes having arisen between Bhagmal and the appellants, the appellants in 1946 filed a suit under Section 59, U. P. Tenancy Act for a declaration that they were the hereditary tenants of the holding. The trial court dismissed the suit, but on appeal it was decreed, and it was declared that the appellants were the her...
Jaddan and ors. Vs. State
Court: Allahabad
Decided on: Sep-25-1972
Reported in: 1973CriLJ490
ORDERP.N. Bakshi, J.1. Jaddan Maddan Kallu and Bhagwati have been convicted by the 1st Class Magistrate. Mainpuri under Section 451 I.P.C. and sentenced to R.I. for six months. On appeal the III Temporary Civil and Sessions Judge has upheld the conviction and confirmed the sentence passed on the accused. The applicants have now come up to the Court in revision.2. The case for the prosecution is that Multan and his brother Ghaffar (died subsequently) were in possession and in occupation of a house situated in village Dhanrajpur police station Kuraauli district Mainpuri since the time of their ancestors. Smt. Akhtari W/o Ghaffar along with her children is alleged to be living in the said house, at the time of the occurrence. It is the case for the prosecution that on 3.3.1968 at about 2 p.m. the accused entered the disputed house when Ghaffar was away in Mainpuri. They ejected Multan and Smt. Akhtari and her children after giving them a beating and throwing out their articles. Ashia Ali....
Anchor Pressings (P.) Ltd. Vs. Commissioner of Income-tax and ors.
Court: Allahabad
Decided on: Sep-23-1972
Reported in: [1975]100ITR347(All)
Gulatt, J. 1. This is a petition under article 226 of the Constitution. The petitioner is a private limited company, which carries on the business of manufacture and sale of suit-case locks, etc. For the assessment year 1963-64, the petitioner filed a return of its income and was assessed to income-tax by an assessment order dated 12th March, 1968. No claim was made by the assessee for rebate under Section 84 of the Income-tax Act, 1961. The assessee appealed against the assessment order but no such claim was made before the appellate authority either. Later on, in August, 1969, the petitioner filed an application under Section 154 of the Act. praying for a relief under Section 84. That application was rejected by the. Income-tax Officer, 'A' Ward, Aligarh. Thereafter, the petitioner moved the Commissioner of Income-tax by way of a revision petition. The Commissioner of Income-tax by an order dated 6th March, 1972, has rejected the revision petition. The petitioner has now challenged t...
Satish Chandra Narmesh Kumar Vs. Commissioner of Sales Tax and ors.
Court: Allahabad
Decided on: Sep-23-1972
Reported in: [1973]31STC440(All)
R.L. Gulati, J.1. This is a statement of the case under Section 11(1) of the U. P. Sales Tax Act relating to assessment years 1966-67 and 1967-68.2. It appears that the assessment proceedings for the two years in question were taken against the assessee simultaneously. The proceedings were adjourned for as many as 12 times. The cases were ultimately fixed for 28th May, 1969. The assessee again sought adjournment but the same was refused and the assessments were completed ex parte fixing the turnover at Rs. 2 lacs for each of the two years. The assessee moved two applications under Section 30 of the Act for setting aside the ex parte assessment orders. It did not, however, file appeals against the assessment orders under Section 9 of the Act. After the applications under Section 30 were rejected, the assessee preferred two appeals against the assessment orders, but these appeals were filed beyond time. The assessee also filed appeals against the orders rejecting the applications under S...
Suraj Prasad Vs. Smt. Kusumlata Sinha
Court: Allahabad
Decided on: Sep-22-1972
Reported in: AIR1973All198
K.B. Asthana, J.1. The defendant tenant has appealed from a concurrent decree of his eviction from a house on the finding that he defaulted in payment of rent despite notice of demand having been served upon him and his tenancy having been terminated by service of a notice as required by law.2. Admittedly the defendant appellant was the tenant of the plaintiff respondent in the house in suit. By a notice dated 4-4-1965 served on the defendant on 7-4-1965 the plaintiff asked the defendant to vacate the house and to clear off all the arrears of rent within one month after the receipt thereof. The defendant did not comply with the notice, hence the suit.3. Amongst the pleas set up in defence was that the plaintiff was not the landlord of the defendant and that the notice to quit for terminating the tenancy was not in accordance with law.4. Both the courts below found on the evidence on record that the defendant had attorned to the plaintiff who got the house in suit as a gift from her fat...
Municipal Board, Mathura Vs. Abdul Hameed and anr.
Court: Allahabad
Decided on: Sep-22-1972
Reported in: AIR1973All200
Satish Chandra, J.1. The Municipal Board has come up In appeal against the decision of a learned Single Judge allowing a writ petition and striking down a bye-law framed by the appellant imposing a total ban in regard to the slaughter of animals. This bye-law was quashed by the learned Single Judge in so far as it related to the she-buffaloes, buffalo bullocks and buffalo-calves. The bye-law was primarily held invalid in view of the Supreme Court decisions in Mohammad Hanif Quareshi v. State of Bihar, AIR 1958 SC 731 and Abdul Hakim Quareshi v. State of Bihar, AIR 1961 SC 448.2. The learned Single Judge held that this bye-law was framed in 1955. In view of the decision of the Supreme Court, the total prohibition imposed by the impugned bye-law was violative of the fundamental right guaranteed by Article 19(1)(g) of the Constitution. The appellant does not question the correctness of the view taken by the learned Single Judge on the merits of the bye-law. It was, however, urged that whe...
Fida HusaIn Vs. the Senior Superintendent of Police and ors.
Court: Allahabad
Decided on: Sep-22-1972
Reported in: AIR1973All364
Shukla, J.1. This habeas corpus petition has been made under Section 491, Cr. P. C. read with Chapter XXI of the Rules of Court praying that the respondent No. 2 be directed to release the petitioner who has been detained on the allegation that he is a foreigner.2. The question whether Fida Hussain is a foreigner has been canvassed in a series of proceedings since the year 1960. It is said in his petition that he was born in Qasba Kara, police station Saini in the district of Allahabad. His parents and ancestors were all born at the same place and Were Indian citizens. They had their domicile and permanent residence in Kara, district Allahabad. The petitioner too had his permanent residence and domicile in the same district and is an Indian citizen. On the 26th November, 1949 he was living at the same place and received information about the illness 'of a near relation whom he held in high esteem and affection.' He was in hurry and so he went to Pakistan without any permit or travel do...
Alopi Prasad and Sons Pvt. Ltd. and anr. Vs. Harish Chandra and anr.
Court: Allahabad
Decided on: Sep-22-1972
Reported in: AIR1973All368
D.S. Mathur, Ag. C.J.1. This is a revision under Section 115 C. P. C. by M/s. Alopi Prasad & Sons Private Ltd. and its Director, Shri Krishna Prasad, defendants, against the order dated 12-10-1970 of the Civil Judge of Aligarh holding that the present suit instituted by Harish Chandra and another, 'endorsees of the pronote executed by the defendants, was maintainable at Aligarh for the reason that it had been endorsed in favour of the plaintiffs at Aligarh. The learned Civil Judge has applied to the Instant case the rule applicable to documents assigned in favour of a third party.2. The jurisdiction of the Court, that is, the maintainability of the suit, is governed by Section 20(c) of the Code of Civil Procedure which lays down that a suit can be instituted in a court where the cause of action, wholly or in part, has arisen. What is meant by 'cause of action' has not been defined in the Code but it has been a subject of numerous decisions and the meaning of this expression can now be ...
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