Allahabad Court August 1973 Judgments
Surendra Kumar Asthana Vs. Smt. Kamlesh Asthana
Court: Allahabad
Decided on: Aug-31-1973
Reported in: AIR1974All110
ORDERG.C. Mathur, J.1. On January 25, 1972, Smt. Kamlesh Asthana (hereinafter referred to as the 'wife') filed, in the Court of Civil Judge, Agra a petition under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights against her husband Sri Surendra Kumar Asthana, the applicant in this revision. At that time and even now the husband is working and residing in Tehran (Iran). After notices were served on the husband, he on March 24, 1972, put in appearance under protest. On March 25, 1972, he filed an application stating that he was a foreign national and was not domiciled in any territory to which the Act extended and that he was not subject to the jurisdiction of Indian courts. He asked for time for filing written statement and prayed that in the mean time the question of jurisdiction be determined. Immediately thereafter on March 28, 1972, the wife filed an application under Section 24 of the Act praying that a pendente lite monthly alimony or monthly maintenan...
Tag this Judgment!Sahu Deoki Nandan Vs. Narendra Kumar and anr.
Court: Allahabad
Decided on: Aug-31-1973
Reported in: AIR1974All144
K.N. Srivastava, J. 1. This is an Execution First Appeal arising out of the following facts:Sahu Deoki Nandan, judgment-debtor objector, was the owner of a certain premises situated in the city of Bijnor. This house was sold on 5-3-1955 in execution of a decree in Suit No. 41 of 1952 and was purchased by Narendra Kumar, respondent. There were other incumbrances on this property. The purchase was made subject to the prior incumbrances.2. Sahu Deoki Nandan had mortgaged this house with the District Co-operative Bank Limited, Bijnor, for a certain amount. The Bank filed Suit No. 4 of 1955 for recovery of the amount due under the mortgage. The mortgage money had not been paid by Narendra Kumar with the result that the house was sold in execution of this decree on 3-12-1968 for Rs. 68,000/-. The Bank withdrew the amount due to it out of this money and Rs. 37,000/-, the balance, remained in court custody.3. Meanwhile, five other creditors of Sahu Deoki Nandan filed an application for ratable...
Tag this Judgment!R.L. Arora Vs. State of U.P.
Court: Allahabad
Decided on: Aug-31-1973
Reported in: AIR1974All162
K.C. Agarwal, J. 1. This is an appeal under Section 54 of the Land Acquisition Act (hereinafter referred to as the Act) against the judgment and decree of the II Additional District Judge, Kanpur given in a reference under Section 18 of the Act.2. The facts which are relevant for the purposes of the present appeal are that a notification under Section 4 of the Act was made by the State of U. P. on 25th June, 1956 notifying an area of 6.93 acres of land of village Nauraiya Khera, Pargana Kanpur. The said notification was followed by a notification under Section 6 of the Act dated 1st December, 1956. The purpose of acquisition mentioned in the notification was the construction of a Textile MachineryParts Factory by Messrs. Laxmi Ratan Engineering Works Ltd., Kanpur.3. Since in this appeal we are only concerned with the quantum of compensation for the land payable to the appellant we will only mention those facts in the judgment which may be relevant for that purpose. The appellant filed ...
Tag this Judgment!Commissioner of Sales Tax Vs. Niranjan Lal and Co.
Court: Allahabad
Decided on: Aug-30-1973
Reported in: [1974]34STC140(All)
R.L. Gulati, J.1. This is a reference under Section 11(3) of the U.P. Sales Tax Act by the Commissioner of Sales Tax, U.P., Lucknow. 2. The assessee was aggrieved with the assessment order for the year 1966-67. The assessment order was passed on 5th October, 1967. The period for filing the appeal against the assessment order expired on 4th January, 1968. The appeal was, however, filed on 30th January, 1968. As the appeal was filed beyond time, an application was made by the assessee for condonation of delay. The appellate authority relying upon the decision of this Court in Janta Cycle and Motor Mart v. Assistant Commissioner (Judicial), Sales Tax, Kanpur [1968] 22 S.T.C. 94, held that, the appeal was barred by time and that although the delay in filing the appeal could be condoned but the delay in depositing the admitted tax within the time of limitation could not be condoned. The assessee went up in revision. The Judge (Revisions), Sales Tax, took the view that the decision in Janta ...
Tag this Judgment!Ganga Sugar Corporation Ltd. and ors. Vs. Sukhbir Singh and anr.
Court: Allahabad
Decided on: Aug-29-1973
Reported in: AIR1974All113
G.C. Mathur, J.1. This is an appeal against the order of the District Judge, Saharanpur, acting as the Motor Accident Claims Tribunal, awarding a sum of Rupees 10,400/- as compensation to Sukhbir Singh, respondent No. 1, against the appellants.2. Appellant No. 1 Ganga Sugar Corporation Limited, Deoband, owns a jeep No. USV 5511. On the night of March 5, 1968, this jeep was sent to Police Station, Deoband at the request of the Station Officer. It was being driven by Lal Singh driver, appellant No. 3. At about 9.30 p. m. the driver found that his way was blocked by a Barat party, some of the members of which were dancing on the road to the tune of the band which was accompanying the Barat. The driver got down from the jeep leaving the ignition keys in the jeep and went to the Police Station. While the driver had gone to the Police Station, someone drove the jeep and caused an accident whereby Sukhbir Singh's left hand was severed from the forearm. Sukhbir Singh was standing at that time ...
Tag this Judgment!Vaish College (Society) Shamli and ors. Vs. Sri Lakshmi NaraIn and ors ...
Court: Allahabad
Decided on: Aug-24-1973
Reported in: AIR1974All1b
Asthana, J.1. The basic question, common to all these cases referred to a Full Bench, is whether the relationship between the parties was that of pure master and servant unregulated or uncontrolled by any statutory provision and the servant was not entitled to the relief of injunction or declaration of nullity of removal from service and his remedy lay in a suit for damages for breach of contract.Second Appeal No. 2973 of 19712. The first case referred is Second Appeal No. 2973 of 1971 which arises out of a suit for permanent injunction to restrain the defendant-appellants from interfering with the plaintiff-respondent in the discharge of his duty as Principal including functioning as such for all intent and purposes of the Vaish Degree College, Shamli, District Muzaffarnagar, later on known as Vyparik Varg Degree College, Shamli, hereinafter referred to as Vaish College.3. Admittedly Sri Laxmi Narain, the plaintiff-respondent, was the permanent Principal of the Vaish College. He was a...
Tag this Judgment!Abdul Wahid Vs. Tribhuwan Pati
Court: Allahabad
Decided on: Aug-24-1973
Reported in: AIR1974All304
Hari Swarup, J.1. This is a plaintiff's appeal arising out of a suit for compensation for false imprisonment.2. Plaintiff's case was that the defendants, one of whom was the Wasil Baqi Amin and the other Collection Amin, forcibly took him inside the Tahsil, kept him confined there on the plea that he was in arrears of land revenue and abused him. The plaintiff also pleaded that he was in arrears of revenue. The defendants' case was that they did not use any force or abusive language as alleged by the plaintiff and that the plaintiff had voluntarily gone to the Tahsil and stayed there while he was questioned about the payment of revenue.3. Trial Court accepted the defendants' version and dismissed the suit. Lower appellate Court has not accepted the findings of fact recorded by the trial Court but has dismissed the suit. It arrived at the finding of fact that the plaintiff's version was correct and that he had been forcibly taken by these two defendants from the road into the Tahsil. Th...
Tag this Judgment!Champa Vs. the State
Court: Allahabad
Decided on: Aug-24-1973
Reported in: 1974CriLJ952
ORDERK.B. Srivastava, J.1. The short point of law pressed in this revision is that the trial of the petitioner Champa under Section 8, Suppression of Immoral Traffic in Women and Girls Act. 1956, was illegal inasmuch as the City Magistrate, Faizabad, was not competent to hold the trial within the meaning of Section 22, read with Section 2 (c) of the Act.2. Section 22 save that no Court inferior to that of a Magistrate, as defined under Clause (c) of Section 2 shall try any offence under Section 8. Cl (c) of Section 2 stipulates that the term 'Magistrate' means a District Magistrate, a Sub-Divisional Magistrate a Presidency Magistrate or a Magistrate of the First Class, specially empowered by the State Government by notification in the Official Gazette to exercise jurisdiction under the Act. Readme these two provisions of the law conjointly the jurisdictional position becomes quite apparent, namely, that an offence punishable under Section 8 can be tried only by one of the following Mag...
Tag this Judgment!Salek Chand Vs. Abdul Razaq
Court: Allahabad
Decided on: Aug-23-1973
Reported in: AIR1974All94
J.S. Trivedi, J. 1. This Second Civil Appeal is directed against the judgment and decree of Additional Civil Judge, Meerut dismissing the plaintiff's suit on the ground of limitation. 2. Plaintiff-appellant had filed a suit on 19-12-63 for recovery of Rs. 1700/- on the basis of a bond executed on 20th December 1957. The period of limitation was sought to be extended on the basis of payment made on 20th December 1960. The defendant contested the suit on various grounds. The trial Court held that the bond was duly executed by the defendant-respondent and the sum of Rs. 20/- was paid towards interest on 20th December, 1960. The trial Court, however, held that the payment of interest was not within the prescribed period and as such the suit was barred by limitation. The finding of the trial Court was confirmed by the lower appellate Court, hence this Second Civil Appeal.3. The only question for consideration is whether the payment of interest made on 20th December 1960 extended the period ...
Tag this Judgment!Hashim HusaIn and ors. Vs. Ahmad Raza and ors.
Court: Allahabad
Decided on: Aug-23-1973
Reported in: AIR1974All305
K.C. Agarwal, J.1. The present Misc. Application No. I of 1963 has been filed under Section 76 of U. P. Muslim Waqf Act 1960 (hereinafter referred to as the Act). The proviso to the aforesaid section gives power to the High Court to call for and examine the record of any case for the purpose of satisfying itself as to the correctness, legality or propriety of any award made under the Act.2. Waqf No. 388, known as 'Waqf Altaf Husain, Varanasi City' is a public waqf and had been published as such in U. P. Gazette dated 23rd January, 1954 by the C. R. Central Board of Waqfs, Uttar Pradesh, Lucknow. The aforesaid waqf comprises of an imambara with a big hall, a room, mosque and a vacant piece of land, situated in mohalla Sarai Shitab Rai, Mutalliqa Roshan Katra, Varanasi. An application under Section 63 (5) of the Act was filed by the applicants for possession of the waqf properties detailed above on the ground that the Shia Central Board (hereinafter referred to as the Board) had appointe...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »