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Allahabad Court October 1973 Judgments

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Oct 10 1973

Prem Singh and ors. Vs. Hukam Singh and ors.

Court: Allahabad

Decided on: Oct-10-1973

Reported in: AIR1974All50

Satish Chandra, J.1. Hukam Singh, respondent No. 1, was the occupancy tenant of the holding in dispute. On 20th May, 1944, the zamindar obtained a decree for his ejectment under Section 171 of the U. P. Tenancy Act, 1939. The decree was executed and possession taken by the zamindar. Thereafter, he let out the land to the predecessor of the present appellants. On coming into force of the U. P. Tenancy (Amendment) Act 10 of 1947 Hukam Singh made an application for reinstatement to the holding. This application was allowed on 10th January, 1949. Under the proviso to Section 27 (3) of the Amending Act, the present appellants were declared sub-tenants not liable to ejectment for three years. The three years immunity expired on 10th January, 1952.2. In 1955 Hukam Singh filed a suit for a declaration under Section 229-C of the U. P. Zamindari Abolition and Land Reforms Act that he was the sirdar in possession of the land in dispute and that the present appellants had no right in it. He also f...


Oct 10 1973

Commissioner of Sales Tax Vs. Bharat Traders

Court: Allahabad

Decided on: Oct-10-1973

Reported in: [1974]33STC3(All)

R.L. Gulati, J.1. At the instance of the Commissioner of Sales Tax, U.P., Lucknow, the Additional Judge (Revisions), Sales Tax, Bareilly, has under Section 11(3) of the U.P. Sales Tax Act submitted this statement of the case and has referred the following question for our opinion:Whether, on the facts and in the circumstances of the case, wooden gittis, switch-boards and battens would be taxed as electrical goods or as unclassified items.2. In the assessment year 1966-67, the assessee had manufactured and sold wooden gittis, switch-boards and battens which are used in electrical installations. The quantum of turnover was not in dispute. The dispute related to the rate of tax. According to the assessee these goods were unclassified items and were taxable at the general rate of 2 per cent whereas the Sales Tax Officer held that they were electrical goods and were taxable at a higher rate. The assessee's appeal was dismissed, but the revising authority upheld the assessee's claim holding ...


Oct 10 1973

Glaxo Laboratories (India) Limited Vs. Glaxo Staff Association and ors ...

Court: Allahabad

Decided on: Oct-10-1973

Reported in: (1974)IILLJ389All

K.N. Singh, J.1. Glaxo Laboratories is a public limited company having its factory at Mazurgarhi in the district of Aligarh. It manufactures food products including dried milk for children. The company has milk centres in various parts of Aligarh and adjoining districts of Aligarh in rural areas for collecting milk. Each milk centre is under a centre incharge employed by the company. D. K. Jain, respondent No. 3 to the petition, was centre incharge at the Milk-Collecting Centre, Ratanpur. Certain charges were framed against D. K. Jain by the Factory Manager and a domestic enquiry was held. Dr. I.S. Verma, Asstt. Factory Manager, passed an order of dismissal against respondent No. 3 on 27th June, 1969. On a dispute raised by the Glaxo Staff Association, respondent No. 1, which is the union of the workmen employed by the petitioner-company, the State Government referred the dispute to the Labour Court, Agra. The dispute referred was in the following terms:Whether the termination of servi...


Oct 09 1973

Krishna Ballabh Misra and ors. Vs. State

Court: Allahabad

Decided on: Oct-09-1973

Reported in: 1974CriLJ434

ORDERB.N. Katju, J.1. Krishna Ballabh Misra, Ram Pal, Noni alias Nanhey, Mohar Singh. Sobhi, Bhoopal, Jai Narain and Sohan applicants were convicted under Section 447 I. P. C. and were sentenced to the month's rigorous imprisonment by the judgment of the Judicial Magistrate, 1st class. Bareilly, dated 12-1-1970. passed In case No. 525 of 1967, They filed criminal appeal No. 49 of 1970 in the court of the Sessions Judge, Bareilly against their conviction and sentences which was dismissed by the judgment of the learned Judge dated 5-2-1971. They have now come UP in revision to this Court2. The case of the prosecution is that the applicants are tenure-holders of various plots in village Chitouli and village Sirsa Jasir. Under an agreement entered into between the applicants and the Synthetic and Chemicals Factory, Bareilly a pipe line was laid in their plots in 1962 by the Factory for the discharge of the waste products (effluent) in river Dolora. This pipe line was laid three feet below ...


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