Allahabad Court January 1973 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Madho Prasad and anr. Vs. Shambhoo Nath
Court: Allahabad
Decided on: Jan-23-1973
Reported in: AIR1973All432
K.N. Seth, J.1. This appeal is bythe decree-holders. The appellants obtained a money decree against the respondent and put that decree into execution. In the execution Court an application dated 16-7-1958 was received by post purporting to have been signed by the decree-holders stating that a compromise had been arrived at between the parties and praying that the execution of the decree be postponed. It is not necessary to refer to the terms of compromise set out in that application. On 17-7-1958 the Court passed on order 'the execution is struck off in terms of the compromise'. On 26-7-1958 the decree-holders made an application (10-C) under Section 151. Civil P. C. praying that the order striking off the execution be recalled and the execution restored on the ground that the application dated 16-7-1958 was a forged document and did not contain the signature of the decree-holders. The judgment-debtor filed an objection supported by an affidavit to this application. Thereafter the decr...
Tara Chand Vs. State
Court: Allahabad
Decided on: Jan-23-1973
Reported in: 1973CriLJ1098
ORDERPrem Prakash, J.1. Tara Chand, a machanic in the Central Loco Workshop, Lucknow lias directed this revision against his conviction for an offence under Section 3 of the Railway Property (Unlawful Possession) Act, 1966, upon the rinding that on 2nd May, 1970, he was found to have been in possession of five washed out plugs which were railway property and were reasonably suspected of having been stolen. The recovery of the property was made from the search of his person carried on by S.P. Sharma (P. W. 1), Assistant Sub-Inspector, Railway Protection Force, and Ram Singh (P. W. 4), a Constable of the Railway Protection Force, in the presence of Buddhoo (P. W. 5) when the accused after completing his day's duty was coming out of the main gate of the Loco Workshop. As found by the two courts below, the plugs were found underneath the langot which the :iccused was wearing; he was also wearing an underwear and a pant. With the recovered articles, of which the recovery memo. Ext. Ka-1 was...
Mohammad Hanif Vs. Collector of Customs and Central Excise and ors.
Court: Allahabad
Decided on: Jan-22-1973
Reported in: AIR1973All433
O.P. Trivedi, J.1. This petition under Article 226 of the Constitution of India has been filed by Mohammad Haneef.2. The petitioner's case is that on 1-6-1960 the Customs and Central Excise Officers posted at Lucknow recovered from, the petitioner's rightful and legal possession certain general merchandise and stationery goods and seized them on the plea that they were of foreign origin and the provisions of Section 11 of the Customs Act had been violated. Annexure 1 is a true copy of the recovery memo prepared on the occasion. The petitioner further contends that no show cause notice in respect of the aforesaid seized goods was served upon the petitioner within the statutory period of six months as required by Section 124 of the Customs Act, 1962; whereupon on 12-12-1970 the petitioner made a written request to the Collector of Customs and Central Excise, Allahabad, opposite party No. 1, through a registered letter (Annexure 3) demanding return of the seized goods as the show cause no...
Commissioner of Sales Tax Vs. Ratan Lal Ganga Nath
Court: Allahabad
Decided on: Jan-22-1973
Reported in: [1974]34STC482(All)
C.S.P. Singh, J. 1. This reference under Section 11 of the U. P. Sales Tax Act raises the following question of law:Whether, on the facts and circumstances of the case, borax sold by the opposite party was taxable as a chemical or as an unclassified item? 2. The assessee dealt in kotu, herbs and borax during the relevant assessment years. The Sales Tax Officer taxed the turnover of herb and certain other articles at 2 per cent treating them to be unclassified articles. In respect of the sales of borax, he taxed it at the rate of 7 per cent treating it to be a chemical. On appeal, the assessee contended that the borax which was sold by him was nothing but chaukia sohaga, which is a raw form of borax obtained from rocks and cannot be treated as a chemical. The contention of the assessee was dealt with by the Assistant Commissioner (Judicial) II, Sales Tax, Bareilly. The Commissioner thereafter filed a revision before the Additional Judge (Revisions), Sales Tax. The revision application w...
Man Singh Vs. Bir Sahai and ors.
Court: Allahabad
Decided on: Jan-19-1973
Reported in: AIR1973All435
Satish Chandra, J.1. This appeal arises out of a suit for ei'ectment of the respondent Bir Sahai under Section 180 of the U.P. Tenancy Act.2. It appears that the colonization plot No. 12 was settled with Bir Sahai in 1951 by the Administrative Officer. Colonization Department. District Nainital. According to Bir Sahai, plot No. 12 consisted of revenue plots Nos. 101 and 105. Disputes arose between Bir Sahai respondent and Man Singh appellant in regard to a portion of plot No. 105. The appellant claimed to be hereditary tenant of 15 Bighas and odd area of plot No. 105. On 2nd November, 1957. Bir Sahai filed a suit No. 279 of 1957 in the Court of the Munsif. Nainital, for an injunction. He arrayed the Administrative Officer. Colonization Department and the appellant as defendants to the suit. The prayer was that the defendants be restrained from forcibly dispossessing the plaintiff from Colonization Plot No. 12. The appellant contested the suit. According to him, a 15 Bigha area of plot ...
Fateh Singh Vs. Badan Singh and ors.
Court: Allahabad
Decided on: Jan-19-1973
Reported in: 1974CriLJ137
K.N. Srivastava, J.1. This revision has been laid before us on a reference made by Hon'ble C. D. Parekh, J. The facts of the case lie within a narrow compass. The only point which has been canvassed before us is as to whether an affidavit filed in a case has to be sworn before the Court concerned or before any Magistrate,2. The learned Judge making the reference was of the opinion that if the law was interpreted to him that the affidavit was filed in a Court has to be sworn only before that Court, then it would certainly result in great inconvenience to the person swearing the affidavit and in this view of the matter, the learned Single Judge was of the opinion that the affidavit may be sworn before any authority contemplated under Section 4 of the Oaths Act and it may be looked into as evidence of the party in a litigation under Section 145, Criminal P. C.3. Under Section 145(4), Criminal P, C it is only mentioned that the parties are entitled to file documents and affidavits. The Cod...
Smt. Madhvi Sirothia Vs. N.N. Sirothia
Court: Allahabad
Decided on: Jan-18-1973
Reported in: AIR1974All36
ORDERHari Swarup, J. 1. This revision has been filed against the order of the Court below holding that it has jurisdiction to deal with the petition filed under Section 9 of the Hindu Marriage Act for the relief of restitution of conjugal rights and for other reliefs in the elternative. The Court below has held that the husband and wife last resided together in Allahabad and hence Allahabad Court has jurisdiction. Section 19 of the Hindu Marriage Act provides that a petition under the Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnized or the husband and wife reside or had last resided together. Admittedly, neither marriage was solemnized in Allahabad nor husband and wife resided on the date of institution of the petition in Allahabad. The question to be determined was whether husband and wife had last resided together in Allahabad. 2. Section 19 does not deal with the length of residence, even a...
Latif Vs. Shakoora and anr.
Court: Allahabad
Decided on: Jan-18-1973
Reported in: AIR1973All441
Hari Swarup, J.1. This appeal has been filed against the order of the Additional District Judge, Meerut passed under Section 25 of the Guardians and Wards Act (hereinafter referred to as the Act), An application under Section 25 of the Act was moved by one Ikhlas for the custody of Smt. Sabra who was alleged by him to be his wife. She was stated to be a minor. Latif, in whose custody the minor was as well as the minor Smt. Sabra filed objectiong to the grant of the application. Learned District Judge held that because the High Court had in some proceedings, whichhe has not mentioned in the order, appointed Ikhlas as guardian of Smt. Sabra, it would be for the welfare of the minor to be in his custody. Latif was removed from the guardianship in those proceedings. Proceedings in the High Court had arisen out of an application under Section 10 of the Guardians and Wards Act. From the order it is apparent that the learned District Judge did not apply his independent mind to the facts and c...
Baljit Singh Vs. T. Ranjit Singh
Court: Allahabad
Decided on: Jan-12-1973
Reported in: AIR1973All228
ORDERJ.M. Lal, J. 1. This is a tax reference made by the Taxing Officer of this Court relating to payment of court-fee on the memo of appeal filed in First Appeal No. 9 of 1969. 2. The plaintiff filed a suit for specific performance of the contract which was decreed by the trial Court on payment of Rs. 2,55,000 as sale consideration and the defendant-respondent was required to execute a sale deed on the terms embodied in the draft sale deed submitted on behalf of the defendant. Some of these terms were opposed on behalf of the plaintiff who alleged that it was not necessary, nor was it legally permissible to incorporate those terms in the sale deed. The objection of the plaintiff was, however, overruled by the trial Court and the draft sale deed submitted by the defendant including the disputed clauses, was approved by that court. 3. Feeling aggrieved by that decree the plaintiff filed this appeal in which therelief claimed by him was that the decree passed by the trial Court be modifi...
Lala Sri Krishna Dass Vs. Smt. Phool Kumari and ors.
Court: Allahabad
Decided on: Jan-12-1973
Reported in: AIR1973All439
T.S. Misra, J.1. This is a plaintiff's appeal arising out of a suit for possession of a portion of the house shown in yellow colour in the site plan attached with the plaint. In order to appreciate the facts it would be necessary to set out the admitted pedigree. Matadin | Beli Prasad | Behari Lal = widow Smt. Dropadi Devi (deft. 4) | ________________________________________________ | | | Shri Krishna Das Ram Prakash Vishnu Narain (plaintiff) (deft. 1)= (deft. 2) wife Smt. Phool Kumari (deft. 3)2. The plaintiff alleged that Beli Prasad was a member of the Hindu joint family consisting of the plaintiff, defendant No. 1, defendant No. 2, Behari Lal and Beli Prasad. The joint family owned the house in dispute coming from Matadin, the common ancestor. Beli Prasad after obtaining the permission from the notified area on 9th August, 1923 built a house He died on 10th February, 1936. The house then devolved on the plaintiff defendants Nos. 1 and 2 and Behari Lal by survivorship and became the...
- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »