Allahabad Court December 1973 Judgments
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Ram Singh and ors. Vs. Salig Ram and ors.
Court: Allahabad
Decided on: Dec-05-1973
Reported in: AIR1975All11
T.S. Misra, J.1. I have heard the learned counsel at great length and have also perused the orders passed by the courts below. It appears that a decree for prohibitory injunction was passed against the judgment-debtors appellants before me. An application under Order 21, Rule 32 of the Code of Civil Procedure wasmoved on the ground that the judgment-debtors have not obeyed that decree. The appellate court below has, on a consideration of the evidence on record, found that the judgment-debtors Ram Singh, Chandra Pal and Sukh Ram demolished the water channel leading from the disputed well to plot No. 218 and upto decree holders' plot No. 221 and also demolished the stone pillars etc. of the well. It was also held that these acts amounted to interference with decree-holder's right to irrigate their plots in question and it amounted to disobedience of decree for prohibitory injunction. On these findings the appeal was allowed and the application for execution was accepted. Against that ord...
Smt. Dropadi Devi Vs. Ram Das and ors.
Court: Allahabad
Decided on: Dec-05-1973
Reported in: AIR1974All473
Jagmohan Lal, J.1. The brief facts of this case are that Raja Virendra Vikram Singh of Payagpur district Bahraich who died during the pendency of the suit and is now represented by the defendants-respondents Nos. 4 to 6 was the owner of a grove which was his bhumidhari property. On this grove a biweekly cattle market known Akelwa Bazar was held. The persons who brought their cattle to be sold in that market had to pay some fee to the Raja. The Raja granted a lease of this right of collection of market dues to Smt. Dropadi, the defendant-appellant, on 16-4-1956 for a period of two years which was to expireon 30th September, 1958. The lessee was to pay Rs. 11,000 to the lessor for these two years' theka. On 20-2-1958 the Raja made a lease of that very property in favour of Ram Das, plaintiff-respondent No. 1 for a period of three years beginning on 1-10-1958 and ending on 30-9-1961. The rent payable under this lease was Rs. 15,000 for three years. The lease deed which was a bilateral doc...
Firm Parshuram Rameshwar Lal Vs. the State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Dec-05-1973
Reported in: [1974]33STC540(All)
R.L. Gulati, J.1. This and the connected writ petitions raise a common question of law arising out of almost identical facts. Hence they are being disposed of by this common judgment. We shall set out briefly the facts in Writ Petition No. 6434 of 1972.2. The petitioner is a partnership-firm and is a dealer in textile goods. It is registered under the U.P. Sales Tax Act (hereinafter referred to as the Act). The dispute relates to the assessment years 1956-57 and 1957-58. Under a notification issued under Section 3-A of the Act, the turnover of textile goods was taxable at single point at the rate of six pies per rupee. By notification dated 31st March, 1956, the rate of tax on textile goods was enhanced to one anna per rupee. The notification of 31st March, 1956, was held to be invalid by the High Court. The State Legislature passed the U.P. Sales Tax (Amendment) Act, 1957, validating the said notification. This Act was challenged and was declared invalid by a Full Bench of this Court ...
The Agricultural Industrial Syndicate Ltd. Vs. the State and ors.
Court: Allahabad
Decided on: Dec-04-1973
Reported in: AIR1974All477
ORDERS. Malik, J.1. This is a petition under Article 226 of the Constitution for, a writ of certiorari quashing the orders passed by the Additional Collector, Saharanpur, on the 7th of August, 1968 (Annexure 3) the Additional Commissioner, Meerut Division dated 16-1-1970 (Annexure 5) and the order dated 30-12-1970 (Annexure 13) passed by the Board of Revenue, dismissing the petitioner's objections, appeal and revision respectively against attachment of its properties enumerated in the petition. The petitioner has further prayed for a writ of mandamus directing the opposite parties (sic) (to refrain?) from selling the attached properties or from confirming the auction sale which already took place on 3-11-1970.2. The relevant facts are that the petitioner is a Public Limited Company registered under the Indian Companies Act and is the tenure-holder of lands situate in two villages in district Saharanpur as mentioned in the petition. The Company fell in arrears of agricultural tax and la...
Mst. Nazira Begum Vs. Syed Ali Zaheer
Court: Allahabad
Decided on: Dec-03-1973
Reported in: AIR1974All104
T.S. Misra, J. 1. This is an application for abatement of the appeal and the suit which has given rise to the appeal. The material facts for the purposes of this application may be briefly stated. The plaintiff filed a suit for cancellation of a sale-deed dated 15th June, 1964, executed by him and Ali Kabir in favour of the defendant in respect of the property detailed at the foot of the plaint so far as it pertained to his share therein. The Trial Court dismissed the suit; but in appeal, it was decreed and the sale-deed in question was cancelled to the extent of the plaintiff's share in the property in dispute. The decision of the appellate court below was given on 18th May, 1972. Against that decision, the defendant filed a second appeal in this Court on 11th July, 1972 However, before the second appeal was filed a notification under Section 4 of the U. P. Consolidation of Holdings Act was published on 21st May, 1972, in respect of the village where the land in dispute is situated. T...
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