Allahabad Court February 1973 Judgments
Jiwa Ram and anr. Vs. the Deputy Director of Consolidation and ors.
Court: Allahabad
Decided on: Feb-28-1973
Reported in: AIR1973All416
Satish Chandra, J. 1. Jiwan and Kanhaiya Lal the appellants were recorded as tenants-in-chief of the plots in dispute. Raadha Swami Satsang Sabha Dayal Bagh the respondent was shown in the revenue papers as in possession for the last many years. The appellants filed an objection under Section 9. U.P. Consolidation of Holdings Act claiming that the entry in favour of the respondent be expunged. On 20th May, 1962 the Assistant Consolidation Officer purported to record reconciliation under which the Sabha was accepted to be sirdar of the plots. The appellants appealed against that order of reconciliation. The appeal was dismissed on 27th November, 1964. The appellants then filed a revision. The Deputy Director upheld the appellant's contention that they had no notice of the reconciliation proceedings. He set them aside and remanded the case to the Settlement Officer for disposal. The Settlement Officer held that because of setting aside the reconciliation proceedings the objection had to ...
Tag this Judgment!State Vs. Krishna Chandra Agnihotri and ors.
Court: Allahabad
Decided on: Feb-28-1973
Reported in: 1973CriLJ1469
ORDERK.B. Srivastava, J.1. This is a petition invoking the contempt jurisdiction of this Court for the punishment of the opposite parties for Contempt of Court.2. The petitioner Anand Kumar Agnihotri is the son of Krishna Chandra Agnihotri, opposite party No. 1, Opposite-parties Nos. 2 and 3, namely, Raj Kumar and Ravindra Nath are the other two sons of Krishna Chandra Agnihotri. The petitioner Anand Kumar Agnihotri instituted Criminal Case No. 603 under Sections 193, 420 and 468 of the Indian Penal Code against the father Krishna Chandra Agnihotri sometime in July, 1971. This case was transferred to the Court of Sri P.S. Chha-bra, Additional Munsif-Magistrate, 1st Class, Lucknow for trial. The case was still sub-judice, when on October 16, 1971 a Marpit took place between the petitioner and the opposite parties inside their joint house at about 7.30 A. M. The petitioner lodged a first information report at P.S. Kotwali on the same date, but the record does not show the time at which i...
Tag this Judgment!Km. Kusum Kumari Vs. the Board of High School and Intermediate Educati ...
Court: Allahabad
Decided on: Feb-27-1973
Reported in: AIR1973All513
ORDERR.L. Gulati, J. 1. The petitioner Kusum Kumari was a student of Class X of Ganga Ram Bajaj Manila Intermediate College,Auraiya, Etawah. She had appeared in the High School Examinations held in 1972. The result of the examination was published on June 27, 1972. The petitioner's result was withheld and she was informed that she had been debarred from appearing in the examinations to be held in the year 1973, on the ground that she had used unfair means in answering first question of English second paper.2. It appears that a complaint was received in the office of the first respondent, the Board of High School and Intermediate Education, U. P. Allahabad (hereinafter referred to as the 'Board') to the effect that the candidates appearing from Ganga Ram Bajaj Mahila Intermediate College, Auraiya Etawah had been using unfair means in the examinations. Accordingly, the examiners concerned were alerted to scrutinise the answer books and to report the suspected cases. The answer book of En...
Tag this Judgment!Sub-divisional Officer, Mathura and anr. Vs. Shivvali and ors.
Court: Allahabad
Decided on: Feb-27-1973
Reported in: AIR1973All564
Satish Chandra, J.1. On June 7, 1971 the Land Management Committee passed a resolution allotting plot No. 99 (area ,38 acres) to Sher Singh, predecessor of respondents Nos. 1 to 7, Dharam Singh respondent No. 8 made a complaint to the Chief Minister that the allotment has not been in accordance with the rules. The Chief Minister directed the Sub-Divisional Officer to look into the matter. The Sub-Divisional Officer issued a notice initiating proceedings under Rule 115-N of the Zamindari Abolition and Land Reforms Rules. Dharm Singh contested the proceedings. He inter alia pleaded that the Sub-Divisional Officer had no jurisdiction to examine the validity of the allotment in his favour. Nonetheless, the Sub-Divisional Officer continued with the proceedings. Thereupon Sher Singh instituted a writ petition in this Court.2. A learned single Judge held that Rule 115-N applies to cancellation of an order of allotment which is based on a public auction as provided by Rule 115-1. It does not a...
Tag this Judgment!Smt. Gindori Bibi Vs. the Taxing Officer and ors.
Court: Allahabad
Decided on: Feb-26-1973
Reported in: AIR1973All490
K.B. Asthana, J.1. Smt. Gindori Bibi filed a Suit No. 44 of 1951 before the District Judge of Mathura against the Treashrer of Charitable Endowments for U. P. and others for a declaration that the plaintiff being the legal heiress of the property left by her husband Sri Beniram Kapoor and the same not being subject to any legal trust for charitable purposes, decree be passed divesting the Treasurer of Charitable Endowments of U. P. and the defendants Nos. 2 to 7 of the property given in Schedule A of the plaint and from management and administration of the same, A decree for rendition of accounts was also claimed. In the plaint it was averred that the death of Sri Beniram Kapoor occurred on 15-9-1943 at Mathura and the plaintiff as his widow and legal heiress succeeded to the property left by him and obtained possession of the same. Then a reference was made, to a Will having been executed by Sri Beniram Kapoor on 27-3-1934 entrusting the management of his estate to the Collector of Ma...
Tag this Judgment!Hari Babu Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Feb-26-1973
Reported in: [1974]96ITR118(All)
Gulati, J. 1. The Income-tax Appellate Tribunal, Delhi Bench ' B ', has submitted this statement of the case in this and the connected cases on certain questions of law, which are common to all the three cases. 2. The assessees, in all the three cases, are the minor sons of one Hari Babu. The assessment year involved is 1952-53. Hari Babu was a partner in a firm styled Jagdish Prasad Satya Prakash and his three minor sons, who are the assessees in these references, were admitted to the benefits of that partnership. Originally the firm was assessed as an unregistered firm but on appeal to the Income-tax Appellate Tribunal registration was granted to the firm. Subsequently, Hari Babu was assessed and in his assessment, share income of the minors was also included. He appealed and the Income-tax Appellate Tribunal held that the income of the minor sons could not be included in the income of Hari Babu and theminors should have been assessed separately. In the meantime, the Income-tax Offic...
Tag this Judgment!Mohan Vs. the Director of Consolidation, U.P., Kanpur and ors.
Court: Allahabad
Decided on: Feb-23-1973
Reported in: AIR1973All566
ORDER1. These two connected petitions are directed against the order of the Director of Consolidation dated 13th August. 1970.2. The two writ petitions relate to two different khatas Nos. 37 and 83. In the basic year record, the two petitioners were recorded as sirdars of the disputed plots.3. An objection was filed by Smt. Chandana. respondent No. 3, claiming sirdari rights on the basis of adverse possession. Her stand was that her father forcibly took possession of the land in dispute and after his death about ten years back, her mother. Smt. Sheo Rani, came in possession and after her death, which took place about three years back, she obtained possession of the disputed plots and thus by continuous possession for more than six years, she had matured title. The claim was resisted by the petitioners, who alleged themselves to be in possession of the disputed plots.4. The Consolidation Officer dismissed the objection on the ground that respondent No. 3 had not matured title, as she wa...
Tag this Judgment!Ram Swarup Gupta Vs. Behari Lal Baldeo Prasad and ors.
Court: Allahabad
Decided on: Feb-23-1973
Reported in: [1974]95ITR339(All)
Hari Swarup, J. 1. This appeal has been preferred by an auction-purchaser against the judgment of the learned single judge allowing the writ petition filed by the assessee challenging the validity of the sale of his properties held in recovery of certain dues under the Income-tax Act. A certificate of recovery for Rs. 33,695 was sent by the taxing authority tothe Tax Recovery Officer on July 20, 1959. The assessee preferred an appeal against the imposition of penalty. This appeal was allowed on December 6, 1961, and the penalty of Rs. 19,200 was reduced by Rs. 13,300. The amount that remained recoverable after the appellate order was only Rs. 20,395. The Tax Recovery Officer proceeded with the sale on the basis of the recovery certificate issued by the taxing authority for Rs. 33,695 and conducted the sale on 12th and 13th November, 1963. Properties belonging to the assessee were sold for a total amount of Rs. 35,100. The sale was confirmed on 14th April, 1964.2. The assessee filed the...
Tag this Judgment!Kailash Chandra Vs. Ratan Prakash and anr.
Court: Allahabad
Decided on: Feb-22-1973
Reported in: AIR1974All138
ORDERT.S. Misra, J. 1. This is an application of the plaintiff for revision of the order dated 10th December, 1969 rejecting his application to withdraw a statement made by his counsel under Order 10, Rule 2, Civil P.C. The material facts are as follows:--2. The plaintiff applicant filed a suit for ejectment of the defendants from the premises in question and for recovery of arrears of rent and damages, inter alia, alleging that the defendant No. 1 was the tenant of the premises and the defendant No. 2 was a sub-tenant. He alleged that defendant No. 1 had illegally and without thepermission of the plaintiff sub-let the said premises to the defendant No. 2. Both the defendants filed their separate written statement. The defendant No. 1 in his written statement pleaded that after about 11/2 or 2 years of the taking of the shop in suit on rent an agreement was arrived at between defendant No. 1 and defendant No. 2 who was working at the shop as one of the employees of defendant No. 1 unde...
Tag this Judgment!Sripat Vs. Vishwanath and ors.
Court: Allahabad
Decided on: Feb-22-1973
Reported in: AIR1973All527
ORDERT.S. Mishra, J. 1. This is a defendant's application for revision of the order passed in Civil Misc. Appeal No. 4 of 1971 bv the District Judge, Hamirpur. The facts giving rise to this revision may be briefly stated as follows:-- 2. The plaintiffs opposite parties had filed a suit purporting to be under Section 77 of the Registration Act for a direction to the Sub-Reeistrar, Tehsil Charkhari, Hamirpur, to register a sale deed executed on 7-8-1967 by Sripat, son of Ram Nath for a consideration of Rs. 250000 On 28th August, 1969, a compromise petition was filed being paner No. 25-ka-of the suit. It appears that this petition was filed by Sripat and Ayodhya Prasad who were duly identified by their counsel. It was also signed by the counsel for Viswanath, the plaintiff No. 1. On that date the Court did not pass any order on that application on the ground that there was no proper claim before it and it appeared that there was some deficiency in Court-fees as well. On 6th September, 196...
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