Allahabad Court May 1973 Judgments
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Suraj Nath Singh Vs. the State of Uttar Pradesh
Court: Allahabad
Decided on: May-08-1973
Reported in: 1974CriLJ385
ORDERK.B. Srivastava, J.1. The only point argued by the learned Counsel for the petitioner is that the sanction for prosecution of the petitioner under Section 25(D)(a) Arms Act, is not in accordance with law. and therefore, the conviction is bad.2. It appears that the Sub-Inspector of police submitted a report Ext. Ka-4 praying for the sanction of the District Magistrate. That report does not mention either the date on or the place at which the petitioner was arrested. The District Magistrate, in his order of sanction, has mentioned that he perused the papers but there is no indication what papers were placed before him beyond the report Ex. Ka.-4. It has been held by the Supreme Court in Gunwant Lal v. State of Madhya Pradesh : 1972CriLJ1187 that under the Arms Act all that is required for sanction is that the person to be prosecuted was found to be in possession of the fire-arm, the date or dates on which he was so found in possession and that the possession of the fire-arm was with...
Sheo Nath Seth Vs. Smt. Krishna Kumari Devi
Court: Allahabad
Decided on: May-04-1973
Reported in: AIR1973All496
T.S. Misra, J.1. This is a defendant's appeal arising out of a suit for his ejectment from the accommodation mentioned at the foot of the plaint and for recovery of arrears of rent and damages. The plaintiff alleged herself to be the owner of 2/3rd share in the house No. 53/163 situate in Mohalla Dethori Mahal, Varanasi. She further alleged that the defendant was her tenant of 4 rooms and one osara on the ground floor and one room on the upper floor in the said premises at a monthly rental of Rs. 8.00. A sum of Rs. 350.00 became due from the defendant as arrears of rent upto 31st May, 1956, for the recovery of which a suit was filed in the Court of Judge Small Causes, Varanasi. That suit was decreed but the defendant did not pay the amount of the decree nor did he pay any rent subsequent to 31st May, 1956. Consequently a composite notice of demand and ejectment was given to the defendant on 18-1-1957, but he refused to accept the same and also failed to pay the arrears of rent within o...
Smt. Rekha Singh and ors. Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: May-04-1973
Reported in: AIR1973All539
ORDEROm Prakash Trivedi, J. 1. This writ petition under Article 226 of the Constitution of India has been filed by Smt. Rekha Singh and 16 others against the State of Uttar Pradesh, the Deputy Commissioner, Bahraich and the Divisional Forest Officer, Bahraich. 2. The petitioner's case is that they are the tenants of plots lying in villages Saran Kalan, Bhageria Sohni, Ponda and Niddhipurwa as specified in para 1 of the petition: that adjoining the land of the petitioners there is forest area which has been declared by the State of Uttar Pradesh to be, reserve forest under a notification of 12-9-1967. It is alleged that the Forest Department illegally and wrongfully encroached upon and included a part of petitioners land by fixing demarcation pillars, whereupon they applied to the Sub-Divisional Officer Nanpara for demarcation of forest land. The said application came up for disposal before the Additional Sub-Division Officer Nanpara who rejected the same, where after the petitioners fi...
Union of India (Uoi) Vs. Syed KhairuddIn Ahmad and ors.
Court: Allahabad
Decided on: May-02-1973
Reported in: AIR1974All98
N.D. Ojha, J. 1. One Qutub Uddin Ahmad was owner of certain houses in Sabzi Mandi, Allahabad. As a result of his leaving India for Pakistan the aforesaid houses were declared to be evacuee property under the Administration of Evacuee Property Act (Act XXXI of 1950). Qutub Uddin Ahmad subsequently died in Pakistan. The respondents claiming to be his heirs made an application to the Central Government for restoration of the property in question to them under Section 16 of the Administration of Evacuee Property Act. The said application was, however, dismissed on 22nd March. 1956. A notification had, in the meantime, been published in the gazette of India dated 4th June, 1955 notifying the property aforesaid to have been acquired by the Central Government under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act (Act XLIV of 1954). Subsequently, it appears that the Settlement Commissioner passed an order declaring that the notification aforesaid did not affect the pr...
Mohammad DIn Vs. H.C. Asthan and ors.
Court: Allahabad
Decided on: May-02-1973
Reported in: AIR1974All438
N.D. Ojha, J.1. One Mohammad Amin, who was the father of Mohammad Din, on the stand taken by the Evacuee Property Authorities, migrated to Pakistan in June, 1948. His properties were treated to be evacuee property and got automatically vested in the Custodian under the provisions of U.P. Ordinance No. I of 1949. Subsequently, treating the properties to be evacuee property a notification was issued under Section 12(1) of the Displaced Persons (Compensation and Rehabilitation) Act (Act XLIV of 1954) and the property in question was thereby acquired. The acquired property was thereafter auctioned on 1-12-1960 and purchased by some one who has not been made a party in the present special appeal; nor was he made a party in the writ petition giving rise to this appeal. The Assistant Custodian of Evacuee Property had during the lifetime of Mohammad Amin issued notices on 16th November, 1957 claiming arrears of rent in respect of the evacuee property. At this place it may be pointed out that M...
Life Insurance Corporation of India Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: May-02-1973
Reported in: AIR1973All516
ORDERH.N. Seth, J.1. By these petitions under Article 226 of the Constitution, the Life Insurance Corporation of India seeks that the orders dated 12th of June, 1970, passed by the State Government, dated 19th of November, 1969, passed by the Commissioner, Allahabad Division Allahabad and the Government Order No. 6324E/XXXVIS-202-63 dated 3rd December, 1965 be quashed.2. Briefly stated the facts leading to two petitions are that the petitioner Life Insurance Corporation of India is a tenant in premises No. 40, Mahatma Gandhi Marg, Allahabad at monthly rent of Rs. 333.67 and is carrying on the Life Insurance business therein. Respondent No. 5, Sri K. S. Gandhi, is the landlord. The plot of land on which premises No. 40, Mahatma Gandhi Marg stands was held on lease by Sri K. S. Gandhi. Period of that lease has since expired. The State Government issued Government Order No. 6324-H/XXXVII-202-63, dated 3rd of December, 1965 laying down the principles for renewal of such leases. It provided...
Modern Industries Vs. the State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: May-02-1973
Reported in: [1973]32STC555(All)
C.S.P. Singh, J.1. These group of petitions are between the same parties and raise common question of law and as such we propose to dispose them of by a common judgment.2. The assessee is a Hindu undivided family and manufactures railway wagons. During the period covered by the assessment years 1961-62 to 1966-67, the Government of India through the Ministry of Railways placed orders for the manufacture of railway wagons, on various dates. These wagons were to be manufactured by the assessee on terms and conditions and stipulations contained in the Indian Railway Standard Conditions of Contract A5-51 (Revised), in so far as they were not inconsistent with the special conditions of contract, attached as per annexure A to the petition, The conditions of contract in each of the assessment years were substantially the same. During the assessment year 1961-62, the assessee received payment from the Government to the extent of Rs. 3,34,631. This amount was included in the turnover of the ass...
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