Allahabad Court July 1973 Judgments
Babu Singh Vs. Smt. Champa Devi and ors.
Court: Allahabad
Decided on: Jul-31-1973
Reported in: AIR1974All90
J.S. Trivedi, J. 1. These two appeals are directed against the order of the Motor Accidents Claims Tribunal, Meerut decreeing the claimant-respondents' claim to a sum of Rs. 25,000/-.2. One Lachman Singh was returning on his cart on Baghpat Delhi road on 17-10-68. Truck No. UPS. 9031 came from behind and smashed the buffalo-cart with the result that Lachman Singh and the buffalodied on the spot and the cart was badly damaged. The truck belonged to Babu Singh under a hire-purchase agreement from Nice Financier and Engineering (Private) Ltd., Delhi and was insured with Jupiter General Insurance Co. Ltd. for a sum of Rs. 40,000/-. Jai Bhagwan was the driver of this truck. Sri Babu Singh was also travelling in the same truck. The truck was going from Saharanpur to Delhi. After notice to Sri Babu Singh the claimants opposite parties claimed compensation under Section 110-A of the Motor Vehicles Act amounting to Rs. 27,000/-.3. The claim was contested by the Jupiter General Insurance Co. and...
Tag this Judgment!Trine Holst Thomsen Vs. the Children's National Institute
Court: Allahabad
Decided on: Jul-31-1973
Reported in: AIR1974All95
Hari Swarup, J. 1. This appeal has been filed by Trine Hoist Thomsen against the order of the First Additional District Judge, Allahabad dismissing her application under section 7 of the Guardians and Wards Act for being appointed guardian of the person of the minor girl. Km. Chaitali. The appellant is a resident of Denmark. She wished to take under her guardianship a minor Indian girl and for that purpose approached the respondent. The minor is reported to be an orphan living under the care and custody of the respondent the Children's National Institute, Swaraj Bhawan Allahabad. Learned counsel appearing for the Institute has stated that the minor is an orphan and the Institute has no knowledge about her parents relations or religion. The Institute, he has further stated, has no objection to the appellant being appointed as the minor's guardian. 2. The trial Court has dismissed the application on the ground that on the material available on the record, it was not established that it w...
Tag this Judgment!JamaluddIn and ors. Vs. Asimullah and ors.
Court: Allahabad
Decided on: Jul-24-1973
Reported in: AIR1974All69
Jagmohan Lal, J.1. This second appeal arising out of execution proceedings was referred by a learned single Judge of this Court to a Bench on account of some important point involved therein. The brief facts giving rise to this appeal were that the respondents Azimullah and others brought a suit under Section 6 of the Specific Relief Act, 1963 against Jamahiddin and others appellants for possession over plot No. 545/3 measuring nine biswas. That suit was decreed. The decree-holders put that decree in execution and obtained possession over a piece of land describing it to be plot No. 545/3. An objection under Section 47 of the Code of Civil Procedure was filed by the judgment-debtors alleging that the land on which possession was actually delivered to the decree-holders wasconstituted by plot No. 545/1 which was not the subject-matter of that suit under Section 6 and it belonged to them independently of the decree passed in favour of the respondents. The execution Court issued a commiss...
Tag this Judgment!Soney Lal Vs. Deputy Director of Consolidation and ors.
Court: Allahabad
Decided on: Jul-24-1973
Reported in: AIR1974All121
Hari Swarup, J.1. This appeal has been filed against the judgment of the learned single Judge dismissing the writ petition filed by the appellant against the judgment and order of the Deputy Director of Consolidation passed under Section 48 of the U. P. Consolidation of Holdings Act.2. Two points have been decided by the Deputy Director of Consolidation and the same were canvassed before the learned single Judge. The first point was in respect of the shares and the second was regarding the rights accruing in the joint Sir on the sale of the proprietary rights. The holding belonged to one Nand Lal. He had two wives. From the first wife were horn four sons. The appellant is from the branch of one those four sons. He is the son of Vrindraban. The respondents are from the branches of the other five brothers born of the second wife of Nand Lal. In the Khewat, after the death of Nand Lal, the share of the four brothers from one wife was recorded as half and of the remaining five from the oth...
Tag this Judgment!Smt. Dayawati Devi and anr. Vs. the Munsif and ors.
Court: Allahabad
Decided on: Jul-24-1973
Reported in: 1974CriLJ1091
ORDERR.L. Gulati, J.1. This is a petition under Article 226 of the Constitution.2. The petitioner No. 1 is the mother and the Detitioner No. 2 is the daughter. A dispute arose between them and the 5th respondent Natthu Khan with regard to the possession over a plot of land. On an application by Natthu Khan, the second respondent, the Sub Divisional Magistrate, Bisauli passed an order under Section 145(1) Criminal P.C. and put the property under attachment. Parties filed affidavits and docu-mentary evidence before him and by are order dated 18th December. 1969 the Magistrate referred the dispute under; Section 146, Criminal P.C. to the first respondent, the Munsif Bisauli. The Munsif by his judgment dated 2lst January, 1971 held Natthu Khan in possession on the date of the order passed under Section 145, Criminal P.C. over the land in dispute except about 5 Biswas of land which was found to be in possession of one Sukhpal. The petitioners challenged the order of the Munsif in revision b...
Tag this Judgment!Rajjab Ali Vs. the State
Court: Allahabad
Decided on: Jul-23-1973
Reported in: 1974CriLJ139
ORDERK.B. Srivastava, J.1. This criminal revision arises out of the following facts :The petitioner Rajab Ali alias Khunnoo obtained a Pakistani Passport No. 291171 dated September 20, 1954 and an Indian Visa No. 53680 dated September 23, 1954 and entered India. He reported his arrival at P, S. Safipur, in the district of Unnao and stayed in India. The period of the Visa expired on December 22, 1954. He got his departure noted at the police station indicating that he was leaving India for Pakistan. However, no report was received from any border check post that he had actually left India and entered Pakistan and, therefore, the Intelligence became vigilant in locating his presence. The Station Officer, Police Station Safipur received information on May 20, 1965 that the petitioner was present at the shop of one Umaid Ali at Safipur and went and arrested him. The case thereafter was registered and investigated, resulting in the prosecution of the petitioner under Section 14, Foreigners ...
Tag this Judgment!indodan Milk Products Ltd. Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Jul-20-1973
Reported in: [1974]33STC381(All)
H.N. Seth, J.1. At the instance of Messrs. Indodan Milk Products Ltd., a dealer in condensed milk, etc., the Additional Judge (Revisions), Sales Tax, referred the following question in respect of the assessment years 1964-65 and 1965-66 to this court for opinion:Whether, in the facts and circumstances of the case, condensed milk is taxable under the Central Sales Tax Act in view of Notifications Nos. S.T. 911/X dated 31st March, 1956, and S.T. 776/X-900(16)-64 dated 16th February, 1965, of the U.P. Sales Tax Act and read with Section 8(2A) of the Central Sales Tax Act2. While hearing these references, a Division Bench of this Court felt that the case of Nestle's Products India Ltd. v. Commissioner of Sales Tax [1963] 14 S.T.C. 606, in which it has been held that condensed milk is not milk within the meaning of Section 4 (a) of the U.P. Sales Tax Act, requires reconsideration. Accordingly, it referred these cases to a Full Bench and that is how they have come up before us.3. During the ...
Tag this Judgment!Piarey Lal and anr. Vs. Chief Inspector and anr.
Court: Allahabad
Decided on: Jul-19-1973
Reported in: AIR1974All122
ORDERD.S. Mathur, J.1. This is a revision under Section 115, Civil P. C. by Piarey Lal and Indrapal defendants against the order dated 25-2-1971 of the Additional District Judge, Kanpur, allowing the revision under Section 6-B of the Court-fees Act and holding that the plea contained in paragraph 15 of their written statement amounted to a set-off on which ad valorem court-fee was payable.2. Three points requiring consideration are : whether the Civil Revision moved by the Chief Inspector of Stamps was within time and also whether it was maintainable in view of the fact that the order regarding sufficiency of court-fee was passed by the Additional Munsif not on a plaint or a memorandum of appeal, but in respect of paragraph 15 of the written statement The last point for decision is whether the claim amounted to a get off or counter claim, or was by way of adjustment and no court-fee was payable in respect thereof.3. The material facts of the case are that Badri Prasad (since dead) had ...
Tag this Judgment!Sheo Balak and ors. Vs. Syed Mojiz Abbas and ors.
Court: Allahabad
Decided on: Jul-18-1973
Reported in: AIR1974All435
Satish Chandra, J.1. Munawwar Ali the sir-holder of plot No. 388 executed a usufructuary mortgage thereof on 31st July, 1884, in favour of Smt. Mona the predecessor-in-interest of the appellants before us. In 1944 the successors cf the original mortgagor instituted an application under Section 12 of the Agriculturists' Relief Act against sons of Ram Narain who represented a half share in the mortgagee's interest. Malik the present appellant No. 4 was not impleaded as a party with the result that a half share in the mortgaged property was unrepresented in the suit. The suit was decreed on 1-2-1945 for redemption of half share of the mortgaged property on payment of Rs. 24 within six months. The plaintiff-mortgagors did not, however, pay this amount.2. On 26th November, 1947, the 'mortgagors executed a deed of gift of a share of the plot in dispute in favour of Aley Hasan the father of respondent No. 1. A few days later, on 2nd December, 1947, the mortgagors executed a sale deed in favou...
Tag this Judgment!Commissioner of Sales Tax Vs. Mohd. Yasin
Court: Allahabad
Decided on: Jul-18-1973
Reported in: [1974]34STC147(All)
R.L. Gulati, J.1. At the instance of the Commissioner of Sales Tax, U.P., Lucknow, the Additional Judge (Revisions), Sales Tax, Gorakhpur, has made this reference under Section 11(3) of the U.P. Sales Tax Act on the following question of law:Whether the sales of foodgrains made during the period from 1st October, 1964, to 31st March, 1965, be also taken into account for determining the turnover of foodgrains under Section 3 of the U.P. Sales Tax Act 2. The assessee is a dealer in foodgrains and the assessment year involved is 1964-65. The turnover of foodgrains was liable to tax up to 30th September, 1964. By a notification issued under Section 3-D(1) of the Act the first purchases of foodgrains became liable to purchase tax with effect from 1st October, 1964, and, consequently, by virtue of Section 3-D(4), the turnover of sales of foodgrains became exempt from sales tax with effect from that date. By an ex parte assessment order the Sales Tax Officer determined the turnover of sales o...
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