Allahabad Court January 1973 Judgments
Kedar Nath Vs. Ambika Prasad and ors.
Court: Allahabad
Decided on: Jan-31-1973
Reported in: AIR1974All37
C.S.P. Singh, J. 1. Ambika Prasad, the plaintiff-respondent in the present appeal filed a suit against the appellant, and certain other respondents claiming a declaration that the arbitration award dated 18-8-1965 was illegal and invalid and for dissolution and rendition of accounts of the firm Kedar Nath Kailash Nath. The defence of the appellant was that the suit was barred by the provisions of Section 3 of the Arbitration Act, read with Rule 7 of the First Schedule as also by Section 32 of the same Act. Certain other pleas in defence were taken, but it is not relevant to mention them for the purposes of the present appeal. 2. The defence that the suit was barred in view of the provisions of the Arbitration Act was based on the fact that before the filing of the suit, a reference of the dispute had been made to arbitrator and an award in favour of the defendant had been given on 18th August 1965, which had been subsequently registered and a COPY thereof had been sent to each of the p...
Tag this Judgment!Dilip Kumar Vs. the Govt. of U.P. and ors.
Court: Allahabad
Decided on: Jan-31-1973
Reported in: AIR1973All592
D.S. Mathur, J.1. This is a special appeal by Dilip Kumar against the order of the learned single Judge dismissing his writ petition challengingparagraph 10 of the Instructions issued by the Registrar. Combined Pre-Medical Test Agra University while holding the Pre-Medical Test in 1969. The request made in the writ petition was that the respondents, namely, the Govt. of Uttar Pradesh, the Vice-Chancellors of Agra, Lucknow, Allahabad, Kanpur and Meerut Universities, and the Deans of the Faculties of Medicine be directed to declare the petitioner selected at the Combined Pre-Medical Test held in June, 1969 and to admit him to the course of study prescribed for the degree of Bachelor of Medicine and Bachelor of Surgery.2. A joint competitive test was held in the year 1909 for the admission to the 1st Year Class of six Medical Colleges at Agra, Allahabad, Kanpur, Luck-now, Meerut and Jhansi and the petitioner was one of the candidates who appeared in this test. The Medical College, Jhansi,...
Tag this Judgment!MaiyadIn and ors. Vs. State
Court: Allahabad
Decided on: Jan-31-1973
Reported in: 1973CriLJ1203
Srivastava, J.1. This is an appeal against the judgment and order passed by the II Temporary Sessions Judge. Hamirpur. convicting Sukhdeo alias Sukhdeon. Maiyadin. Ram Dayal, Japat Pal. Ramnath. Sahdi, Ehagwati and Bishuntha alias Vishwanath appellants under Section 302. I.P.C. read with Section 149. I.P.C. and sentencing each of them to imprisonment for life. All ihe above appellants except Sukhdeo were convicted under Section 147. I.P.C. and were sentenced to one year's R. I. each. Gopali appellant was convicted under Section 302. I.P.C. simpliciter and was sentenced to imprisonment for life. Gopali and Sukhdeo appellants were convicted under Section 148. I.P.C. and each was sentenced to two years' R. I. All the nine appellants were further convicted under Section 325. IPC read with Section 149. IPC and each was sentenced to four years' R. I. under the first count and to two years' R. I. under the second count. All the sentences of all the appellants were ordered to run concurrently....
Tag this Judgment!Kr. Chitraketu Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-30-1973
Reported in: AIR1973All405
D.S. Mathur, J.1. This is an appeal by Kr. Chitraketu Singh, against the order of the learned single Judge dismissing his writ petition and directing him to seek alternative remedy because certain disputed questions of fact were in issue.2. The material facts of the case are that honorary rank of 2nd Lieutenant in regular army was conferred on the appellant under the order of the President of India dated 6-3-56 Annexure 1 to the writ petition. Certain dues towards Land Revenue and Taqavi etc., were due from him and the State Government took steps to realise them as arrears of land revenue. Not only were steps taken to attach his property but warrant was also issued for his arrest. It was then that he moved the present writ petition asking for the quashing of the warrant of arrest on the ground that he was entitled to the benefit of Section 29 of the Army Act read with Rule 249 of U.P. Zamindari Abolition and Land Reforms Rules.3. Rule 249 exempts the members of the Defence Forces from ...
Tag this Judgment!Ashiq HusaIn Vs. Assistant Custodian General Evacuee Property at Jaisa ...
Court: Allahabad
Decided on: Jan-29-1973
Reported in: AIR1973All430
D.S. Mathur, J.1. This is a Special Appeal by Ashiq Husain, petitioner, against the order of a learned single Judge partly allowing and partly dismissing the writ petition moved by him and by Smt. Hanifa Bibi, respondent No. 4.2. The material facts of the case are that one Yadan was a resident of Uttar Pradesh having a house in Mohalla Aliganj of the town of Tanda in district Faizabad but had shifted to Kamtee in Madhya Pradesh in 1940 and migrated to Pakistan in or before 1949. The appellant Ashiq Husain, purchased the house from Yadan in 1960 (sic). It was after a few years that the Custodian gave notice to petitioner No. 1 under Section 8(4) of the Administration of Evacuee Property Act (Act XXXI of 1950) to show cause why damages be not recovered from him for being in unauthorised possession of the abovementioned house which was an evacuee property and had vested in him. The notice is dated 5-11-1956.3. The learned single Judge was of opinion that Clause (i) of Section 2 (c) of U.P...
Tag this Judgment!Bakhat Ram Takhat Ram and ors. Vs. the State of Uttar Pradesh Andors.
Court: Allahabad
Decided on: Jan-29-1973
Reported in: [1973]32STC14(All)
R.L. Gulati, J.1. The petitioners, who are in number, are dealers in paddy. The petitioners Nos. 1 to 26 are millers, who purchase paddy, husk it and sell rice. The remaining petitioners are wholesale dealers who purchase paddy and get it hulled and processed by other millers and sell the rice so produced. They are all registered under the provisions of the U.P. Sales Tax Act. Hitherto paddy was not liable to purchase tax nor was it liable to sales tax. Recently, the State Government of U.P. has issued a notification dated 15th November, 1971, under which the turnover of purchases of paddy is sought to be taxed by the sales tax department. The petitioners have deposited purchase tax in respect of the third and fourth quarters of the year 1971-72. According to the petitioners, they are not liable to any tax in respect of the purchases of paddy and are entitled to the refund of the tax already paid. Hence this and other connected petitions under Article 226 of the Constitution.2. Section...
Tag this Judgment!The Regional Transport Authority and anr. Vs. Sri Ram
Court: Allahabad
Decided on: Jan-25-1973
Reported in: AIR1974All140
Jagmohan Lal, J. 1. This special appeal has been filed on behalf of the Regional Transport Authority, Meerut Region and the State Transport Appellate (Tribunal), U.P. Lucknow against a decision of the learned single Judge of this Court dated February 8, 1971 passed in writ petition No. 625 of 1968.2. The brief facts of the case were that the respondent Sri Ram was granted a stage carriage permit by the Regional Transport Authority, Meerut under the provisions of the Motor Vehicles Act, 1939 (hereinafter called the Act) for plying a bus on Bulandshahr-Jahangirabad route. On the authority of this permit he was plying a vehicle No. UPP-1456. On 25-6-1966 this vehicle met with a serious accident by catching fire as a result of which several passengers died and the bus was also burnt. The respondent then applied for replacement of the vehicle under the same permit but no orders were passed onthat application. On the other hand, on July 29, 1966 a notice was issued to the respondent under Se...
Tag this Judgment!Commissioner of Income-tax Vs. Co-operative Cane Development Union Ltd ...
Court: Allahabad
Decided on: Jan-25-1973
Reported in: [1975]101ITR368(All)
R.L. Gulati, J. 1. This is a reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the Commissioner of Income-tax, Kanpur. It is a consolidated reference relating to assessment years 1956-57, 1961-62, 1962-63, 1963-64 and 1964-65. 2. The assessee is a co-operative society registered under the U. P. Co-operative Societies Act, 1912, and its main business includes, inter alia, the sale of sugarcane to the sugar factories on behalf of its members and to earn commission. It also earns interest on bank deposits as well as interest from Government securities. The assessee was not assessed to income-tax prior to the year under reference. As its income was above the taxable limit and as it had failed to make payment of advance tax for all these years within the prescribed time, the Income-tax Officer started penalty proceedings under Section 273(b) of the Income-tax Act for nonpayment of advance tax and levied penalties of varying amounts. The assessee appealed against...
Tag this Judgment!Jagannath Rameshwar Prasad Vs. Income-tax Officer and anr.
Court: Allahabad
Decided on: Jan-25-1973
Reported in: [1974]93ITR16(All)
H.N. Seth, J.1. M/s. Jagannath Rameshwar Prasad, a Hindu undivided family, submitted a return of its income for the assessment year 1954-55. The Income-tax Officer made a provisional assessment of tax under Section 23B of the Indian Income-tax Act, 1922 (hereinafter referred to as 'the Act'), determining the tax payable at Rs. 2,592-3-0 which was duly paid. Thereafter, proceedings for regular assessment were initiated and an assessment order under Section 23(4) of the Act was passed on March 28, 1959, and a notice of demand was issued after adjusting the amount paid by the assessee in pursuance of the assessment under Section 23B of the Act. On a petition under Article 226 of the Constitution filed by the assessee, the assessment order dated March 28, 1959, was quashed by this court on the ground that as the assessee had filed a voluntary return, a notice under Section 22(4) could not be issued and the non-compliance with such a notice could not justify an assessment under Section 23(4...
Tag this Judgment!Ratan Singh Vs. State of U.P.
Court: Allahabad
Decided on: Jan-24-1973
Reported in: 1973CriLJ1101
D.S. Mathur, J.1. This is an appeal by Ratan Singh against his conviction of an offence punishable under Section 302, I.P.C. for committing the murder of Birbal inside the latter's tailoring shop in village Kota, police station Gulaothi, on September 19, 1969. at about 4 P.M. He has been awarded the lesser sentence of imprisonment for life.2. Tt is the admitted case of the parties that Birbal, deceased, and Ratan Singh appellant were friends and were not at all on badr terms. There is also nothing to show that there could be any prior intention to commit the murder. The murder is said to tiave been committed on a very petty matter, namely, the refusal of Birbal to accompany Ratan Singh to assist in chopping fodder.3. Birbal, deceased, and his brother Jaipal Singh, P.W. 1, have a tailoring shop in the village which consists of three portions. On the fateful afternoon Birbal was stitching a coat in the northern portion while Jaipal Singh, P. W, 1 and his two apprentices Shiv Kumar, P. W....
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