Allahabad Court April 1973 Judgments
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Sankatha Singh Vs. Rahmat Ullah and ors.
Court: Allahabad
Decided on: Apr-19-1973
Reported in: 1973CriLJ1091
K.N. Srivastava, J.1. The facts giving rise to this reference are as follows:2. Sankatha Singh applicant filed an application under Section 145, Cr.PC with the allegations that he was owner in possession of plot No. 129 area .70 acre situated in village Kushmura, P.S. Baragaon District Varanasi with which opposite parties have no concern; that opposite parties wanted to take forcible possession over the aforesaid plot which gave rise to apprehension of breach of peace.3. A police report was called by the Sub-Divisional Magistrate. On 5-1-1970 the police reported that there was apprehension of breach of peace between the parties regarding the land in dispute. Acting on this report, the Sub-Divisional Magistrate passed the preliminary order under Section 145(1), Cr.PC on 6-1-1970 and directed the parties to file their respective written statements. Banarsi made an application to be added as a party. It was allowed and he also filed his written statement claiming .47 acre area to be in hi...
Jan Mohamad Khan Vs. Mahmood Ali Khan and anr.
Court: Allahabad
Decided on: Apr-18-1973
Reported in: AIR1974All124
ORDERJ.S. Trivedi, J.1. One Nazir Begum grandmother of the appellant Jan Mohd. Khan had created a waqf alal-aulad of her property situate in the city of Agra in the year 1939. In the year 1966 an application was moved by the Mutawalli for sale of the waqf property. That application was rejected on 19th of March, 1966. Subsequently another application was moved in the year 1969 by Opposite Party No. 1 who was the Mutawalli for the sale of the property on the ground that the property had become dilapidated and was not fetching good return. Permission to sell was granted by the District Judge, Agra on 8-11-69 on condition that the property would not be sold for less than Rs. 38,000/-. The property was published for sale thereafter, but as the property did not fetch good price, another application was moved by the Mutawalli that the properties permitted to be sold were not fetching good price because they are being sold in one lot. It was prayed that the Mutawalli be permitted to sell the ...
Prabhu Lal and ors. Vs. Special Land Acquisition Officer and ors.
Court: Allahabad
Decided on: Apr-18-1973
Reported in: AIR1973All647
N.D. Ojha, J.1. This special appeal has been filed against the judgment of a learned Single Judge dismissing a writ petition filed by the appellants challenging acquisition of their plots and the assessment of compensation. The Improvement Trust of Allahabad framed a scheme under the U. P. Town Improvement Act, 1919 (hereinafter referred to as the Act). The scheme was known as South Housing Scheme. Part II. The relevant notification under Sections 36 and 42 of the. Act were published on 23-6-1928 and 8-7-1936 respectively. The scheme was being executed in part from time to time and notice under Section 9 of the Land Acquisition Act was issued on 30-8-1961, in so far as the plots belonging to the appellants are concerned. An award was given on 25-9-1961 and a reference in regard to the amount of compensation made to the Nagar Mahapalika Tribunal is said to be still pending. The compensation, however, was awarded on the basis of the market value of the land in 1928 when the notification ...
Kr. Sripal Singh Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Apr-18-1973
Reported in: [1975]98ITR366(All)
C.S.P. Singh, J. 1. This is a reference under Section 66(2) of the Indian Income-tax Act, 1922, made by the Income-tax Appellate Tribunal, Allahabad, and the following question has been referred for our opinion;'Whether, upon the facts and in the circumstances of the case, the Tribunal was right in law in holding that a penalty under Section 28(1)(c) of the Indian Income-tax Act, 1922, was attracted to this case ?'2. The dispute relates to the assessment for the year 1947-48. The assessee is the karta of a Hindu undivided family and the original assessment for this year was made on a total income of Rs. 2,188. Subsequently, the Income-tax Officer received information that the assessee had made a fixed deposit of Rs. 40,000 on January 7, 1947, and inasmuch as the date fell within the financial year ending on. March 31, 1947 (which is the relevant accounting year), a notice under Section 34 was issued in respect of the year in question. The explanation of the assessee in respect of an am...
Commissioner of Sales Tax Vs. Ashwini and Company
Court: Allahabad
Decided on: Apr-17-1973
Reported in: [1973]32STC618(All)
C.S.P. Singh, J.1. This is a reference Under Section 11 of the U.P. Sales Tax Act at the instance of the Commissioner of Sales Tax, U.P. The Judge (Revisions), Sales Tax, U.P., has referred the following question for our opinion:Whether, on the facts and circumstances of the instant case, the iron hoops are covered by the term 'iron and steel' as denned in Section 14(iv) of the Central Sales Tax Act ?2. The assessee dealt in iron bailing hoops and jute goods. In the assessment year 1964-65, the assessee's contention in respect of the rate of tax to be imposed on bailing hoops was that bailing hoops are declared commodities Under Section 14 of the Central Sales Tax Act and, as such, were liable to tax at the rate of 2 per cent and not at the rate of 10 per cent. This contention was negatived by the Sales Tax Officer. The .assessee thereafter preferred an appeal before the Assistant Commissioner (J.) I, Sales Tax, Kanpur Range, Kanpur. The Assistant Commissioner following a decision of t...
Shekh Rozan Vs. Jag Bahal Singh
Court: Allahabad
Decided on: Apr-16-1973
Reported in: AIR1973All542
T.S. Misra, J.1. This is an appeal by the judgment-debtor defendant. It arises in the following circumstances. Jag Bahal Singh filed a suit against Sheikh Rozan in the Court of Judge Small Causes, Jaunpur. It was decreed for Rs. 370 against the defendant on 27th July, 1956. The respondent got the decree transferred to the Court of Munsif, Shahganj, Jaunpur. On 27th January 1959 he filed an application for execution of the said decree in the court of the Munsif, Shahganj, by attachment and sale of one half share of the judgment-debtor in a house and a piece of land. Consequently the said properties were attached and ultimately sold by public auction in the execution of that decree on 21st July, 1959. The decree-holder himself purchased the share of the judgment debtor in that auction. The sale was confirmed on 26th September, 1959 and a sale certificate dated 9th April, 1964 was issued to the decree-holder auction-purchaser who thereafter obtained possession of the said properties on 27...
Jamuna Dass Vs. Board of Revenue and ors.
Court: Allahabad
Decided on: Apr-13-1973
Reported in: AIR1973All397
G.C. Mathur, J. 1. The relationship between the parties appears from the following pedigree table: TULSI | _______________________________________________________________________________________________ | | | | | Nathu Ram Tega Lal Budha Smt. Sita Smt. Kamla | Jamuna = Smt. Bhagwati.2. Tulsi owned some 'Sir' and Khud-Kasht land and some tenancy land. Upon his death his three sons Nathu Ram. Tega Lal and Budha inherited these each getting a one third share therein. In 1949 Tega Lal. Budha and Smt. Sita were murdered. Tega Lal's one third share was inherited by his widow Smt. Bhagwati. Upon the death of Nathu Ram his one third share was inherited by his son Jamuna. The dispute relates to the one third share of Budha. 3. The 'Sir' and 'Khud-Kast' land as well as the tenancy land, however, remained joint. Upon the abolition of Zamindari the 'Sir' and 'Khud-Kast' became Bhumidhari and the tenancy became 'sirdari'. Jumuna filed two suits under Section 176 of the U.P. Zamindari Abolition and...
Hakim Singh Vs. Shiv Sagar and ors.
Court: Allahabad
Decided on: Apr-13-1973
Reported in: AIR1973All596
Mathur, J. 1. Special Appeal No. 499 of 1972 is by Hakim Singh, petitioner against the order of the learned Single Judge of this Court dismissing his Writ Petition No. 3306 of 1970, wherein the judgments and decrees of the Board of Revenue and the Additional Commissioner in a revenue suit under Section 229-B of the U. P. Zamindari Abolition and Land Reforms Act were challenged. This appeal was preferred even though under the Uttar Pradesh High Court (Abolition of Letters Patent Appeals) (Amendment) Ordinance, 1972. (U. P. Ordinance No. 12 of 1972) (hereinafter referred to as the Amending Ordinance), later replaced by the Uttar Pradesh High Court (Abolition of Letters Patent Appeals) (Amendment) Act, 1972. (hereinafter referred to as the 'Amending Act') such an appeal was not maintainable. In the Special Appeal the petitioner has challenged the constitutionality of the Amending Ordinance and the Amending Act. At the time of the hearing of the Special Appeal at the stage of admission the...
Ganga Prasad Vs. Sahdeo Prasad and anr.
Court: Allahabad
Decided on: Apr-12-1973
Reported in: AIR1973All500
K.B. Asthana, J. 1. Ganga Prasad, appellant, appeals from a decree of his eviction from an accommodation in the ground-floor of a tenement in Kanpur City passed by the lower appellate Court after reversing the decree of dismissal of the suit by the Court of first instance. The plaintiff-respondent, Sahdeo, purchased the tenement, of which the accommodation in suit was a part, on 15th March, 1956. The previous owner of the tenement was Bhagwandin. The allotment order under the U. P. (Temporary) Control of Rent and Eviction Act (hereinafter called the Act) was passed in the name of Girja Shankar, son of Ganga Prasad, defendant on 16-1-1956. The accommodation let out in pursuance of the allotment order was used by Ganga Prasad and his son Girja Shankar as a 'Godam'. Originally the rent payable for the accommodation to the previous owner Bhagwandin was Rs. 10/- per mensem but it was increased to Rs. 12.75 Paisa by the plaintiff, Sahdeo. It was alleged by the plaintiff that the defendant Ga...
Jagat Singh Vs. Karan Singh and ors.
Court: Allahabad
Decided on: Apr-12-1973
Reported in: AIR1973All572
S. Malik, J.1. This is a plaintiff's appeal against the judgment dated 13-5-1965 of the Civil Judge, Tehri-Garhwal, allowing the respondents' appeal and setting aside the judgment of the Trial Court decreeing the plaintiff's suit for a permanent injunction restraining the defendant-respondents from interfering with his possession of the property in suit.2. The following pedigree is relevant:-- KEDARU | ------------------------------------------------------------------------ | | | Hira Biju Anand | | Ram Darshanu Jeet | | Ram Indru ----------------------------------------- | | | | | | =Mst. Sunder Jagdish Sri Chand | Maya Singh alias Lunga =Rup Jagat Singh Det (Plaintiff)Admittedly, the property in suit which is Khaikari or sub-tenancy land, was part of erstwhile Tehri-Garhwal State situate in Uttar Kashi and, therefore, in view of the provisions of Section 6 of the Tehri-Garhwal Administration Order the laws in force in Tehri-Garhwal State continued to remain in force and were actually...
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