Allahabad Court January 1974 Judgments
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Shitla Prasad and ors. Vs. Bans Bahore and ors.
Court: Allahabad
Decided on: Jan-31-1974
Reported in: AIR1974All197
M.N. Shukla, J.1. Because of a conflict between two single Judge decisions of this Court Raghubir Singh v. Board of Revenue, 1966 All LJ 686 and Bans Bahore v. State of U. P. : AIR1970All353 , this special appeal was referred to a larger Bench and eventually came before us for hearing. The following question was referred to the Full Bench for decision:'Whether under Section 341 of the U. P. Zamindari Abolition and Land Reforms Act, Section 6 of the Limitation Act, 1908 would be applicable to a suit under Section 209 in the absence of any express provision in Section 341 making Section 6 applicable?'In the case of Raghubir Singh it was held by S. N. Singh, J., that the provisions of Section 6 of the Limitation Act were not applicable to a suit under Section 209 of the U. P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the Act) because Section 341 of the Act merely extended the Limitation Act to proceedings under the Act but inasmuch the whole of the Limitation Ac...
Uma Shanker Vs. the Collector and ors.
Court: Allahabad
Decided on: Jan-31-1974
Reported in: 1974CriLJ731
Satish Chandra, J.1. On 15the February, 1968, the Sales Tax Officer, Jhansi, Passed tow assessment orders against the firm Ram Sewak Pramod Kumar. The assessment orders stated that this firm commenced business on 12th November, 1965, in grains, etc. In paragraph 2 of both these assessment orders it has been stated that in response to the notice under Rule 41(5), Sri Ram sewak, Proprietor of the firm, appeared. The firm was assessed to a tax of Rs. 1, 500 for the year 1995-66 and to a tax of Rs. 5,327.65 for the other year. Finding that the tax had not been paid, the Sales Tax Officer issued a recovery certificate to the Collector, Jhansi. The recovery certificate required the Collector to recover Rs. 1,500 for the year 1965-66 and Rs. 5,327.65 for the assessment year 1966-67 along with the penal interest at the rate of 18 per cent. The recovery certificate further mentioned Ram Sweak and Uma Shanker as partners of the firm Ram Sewak Pramod Kumar. In the recovery certificate there cover...
Ravi Kiran JaIn Vs. Bar Council of U.P. Through Its Secretary and ors.
Court: Allahabad
Decided on: Jan-30-1974
Reported in: AIR1974All211
ORDERK.N. Singh, J.1. This is a petition under Article 226 of the Constitution claiming relief for the issue of a writ of certiorari quashing the resolution of the Bar Council of Uttar Pradesh dated 4th November, 1973, and for the issue of a writ of mandamus to the Bar Council of Uttar Pradesh to hold the election of its members on 7th and 8th January, 1974 and to issue direction to the respondents not to make any amendment in the final electoral roll prepared and finalised for the election of the Bar Council of Uttar Pradesh.2. The term of the elected members of the State Bar Council of Uttar Pradesh expired on 5th April, 1973, but no fresh election was held with the result respondents Nos. 2 to 23 who are its members are continuing in the office. The matter relating to the election of members of the Bar Council came up for consideration before the meeting of the Bar Council of Uttar Pradesh on 22nd of April, 1973. The Bar Council adopted a resolution fixing the election programme. Ac...
Sheo NaraIn Jugdish NaraIn Vs. the State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Jan-29-1974
Reported in: [1974]33STC488(All)
Satish Chandra, J.1. These writ petitions challenge the validity of two assessment orders dated 16th March, 1973, passed under Section 21 of the U.P. Sales Tax Act for the assessment years 1967-68 and 1968-69.2. For the assessment year 1967-68 the petitioner was, by an assessment order dated 16th August, 1969, assessed to a sales tax of Rs, 8,071.16 on a turnover of Rs. 3,58,254.18. This turnover consisted of the following commodities:rate of tax1. Purchase of rab 6,319.24 5 per cent 315.952. Sale of khand 2,80,283.94 2 per cent 5,605.683. Sale of molasses 71,651.00 3 per cent 2,149.533,58,254.18 8,071.163. For the assessment year 1968-69 the petitioner was by another assessment order of the same date assessed to a sales tax of Rs. 5,913.58 on a turnover of Rs. 2,70,246.29. This turnover consisted of the following commodities:rate of tax1. Purchase of rab 2,19,382.79 5 per cent 4,387.662. Sale of molasses 50,863.50 3 per cent 1,525.922,70,246.29 5,913.58In these assessment orders the S...
Abdul Gaffar Vs. State of U. P. and anr.
Court: Allahabad
Decided on: Jan-29-1974
Reported in: 1974CriLJ1244
K.N. Seth, J.1. The District Magistrate, Varanasi, by virtue of the power conferred on him under Section 3 of the Uttar Pradesh Control of Goondas Act (U. P. Act No. VIII of 1971) (hereinafler referred to as the Act) passed orders for the externment of the petitioners from the district for a period of six months. After the expiry of the period the District Magistrate issued notices to the petitioners under Section 5 of the Act to show cause why the period of externment order be not further extended by six months. Petitioners Bhushan Pandey and Shiv Prasad submitted their representations and challenged the validity, competence and propriety of the proposed order extending the period of externment. The District Magistrate rejected the representations and passed orders extending the period of externment for a further period of six months. Appeals by the aforesaid petitioners were dismissed by the Commissioner, Varanasi Division, Varanasi. The petitioners have challenged the notices under ...
U.P. State Road Transport Corporation, Lucknow Vs. the State Transport ...
Court: Allahabad
Decided on: Jan-24-1974
Reported in: AIR1974All218
Yashoda Nandan, J. 1. The questions arising for decision in this appeal are as to whether it is incumbent on the State Government to frame rules under Section 68-I (2) (cc) of the Motor Vehicles Act --hereinafter referred to as the Act -- prescribing the form in which an application for a permit under Section 68-F (1) of the Act must be made and further as to whether in the absence of such rules the Regional Transport Authority or the State Transport Authority as the case might be is powerless to grant a permit to a State Transport Undertaking under that provision of the Act. 2. The relevant facts giving rise to this appeal are that the Aligarh-Atrauli-Ramghat route was notified for provision of Road Transport Service exclusively by the appellant U. P. State Road Transport Corporation, Lucknow--hereinafter referred to as the Corporation. The Corporation is a State Transport Undertaking within the meaning of Section 68-A (b) of the Act. The legality of the scheme was challenged by means...
Smt. Jaggoo and anr. Vs. Sardar Gurmukh Singh and ors.
Court: Allahabad
Decided on: Jan-24-1974
Reported in: AIR1974All250
Onkar Singh, J.1. This second appeal has been filed by defendants 2 and 3 who are sub-tenants and is directed against the concurrent decisions of the courts below decreeing the plaintiff's suit for ejectment and recovery of Rs. 175/- as arrears of rent and damages for use and occupation for the period from 1-4-1967 to 15-9-1968.2. Plaintiff-respondents Nos. 1 and 2 filed a suit for ejectment and arrears of rent in respect of two shops against the appellants and respondent No. 3 on the allegations that respondent No. 3 Laukush was the tenant-in-chief of the two shops in dispute on a rent of Rs. 10/- per month and that he had sublet the shops in question to the appellants. It was alleged that defendant No. 3 was defaulter in payment of rent and he had illegally sublet the premises and, as such, was liable to ejectment. Plaintiffs-respondents Nos. 1 and 2 purchased the shops in suit from Indra Narain Khanna, the previous landlord. The plaintiffs had served a notice on respondent No. 3 alo...
State of U.P. Vs. Nanak Chand and anr.
Court: Allahabad
Decided on: Jan-22-1974
Reported in: 1974CriLJ870
K.N. Seth, J.1. The respondents were charged under Sections 7/16(1)(a)(i) and (ii) of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) read with Rule 47 of the Rules framed thereunder. It was alleged that on 24-2-1968 the Food Inspector checked Nanak Chand selling and exposing for sale aerated water 'Gold Spot' at his shop in Chowk Sadar Bazar. Meerut. The Food Inspector purchased three bottles of 'Gold Spot' on payment of the requisite amount. The contents of the three bottles were mixed in a jar and thereafter the Food lnspector filled the contents in three separate clean and empty bottles which were sealed on the spot in the presence of the accused. One of the sealed sample bottles was handed over to the acoused and a receipt was obtained. One of the sample bottles was sent to the Public Analyst for analysis and report. The public Analyst reported that the sample of the said aerated water was sweetened with saccharin without any declaration. After obtaini...
Mohammad Ayyub Vs. Zaibul Nissa
Court: Allahabad
Decided on: Jan-22-1974
Reported in: 1974CriLJ1237
ORDERYashoda Nandan, J.1. This is a revision filed by the husband and is directed against the order passed by the learned Sub-Divisional Magistrate, Sadar at Muzaffarnagar in procedure (hereinafter referred to as the Code) allowing a maintenance allowance of Rupees 70/-to be paid by the husband to his wife Zaibul Nissa (opposite Party).2. On the 23rd September, 1970, opposite party Smt. Zaibul Nissa filed an application under Section 488 of the Code, claiming a maintenance allowance of Rupees 100/- per month from her husband Mohd. Ayyub. It was alleged by her that she had been married to Mohd. Ayyub about 11 or 12 years back and had lived with him as his wife performing all her duties and obligations as such. It was alleged that in the beginning the relations between the husband and wife were cordial but subsequently the applicant developed bad habits and he became a drunkard and gambler consorting with persons of ill-repute. It was further alleged that when she tried to persuade her h...
Shital Prasad Vs. Dhan Kumar and ors.
Court: Allahabad
Decided on: Jan-21-1974
Reported in: AIR1974All175
ORDERM.P. Mehrotra, J.1. This execution second appeal is by the judgment debtor. The facts in brief are as follows: The decree-holders respondents had a decree in their favour passed in original suit No. 1225 of 1950 for possession over certain land after demolition of the constructions raised by the judgment-debtor on the said land. The judgment-debtor-appellant, Shital Prasad, filed objection 3-C dated 2-2-1972, Paper No. 162 in Misc. Case No. 37 of 1972. The objection purported to be under Order XXI, Rule 2 read with Section 47, C.P.C. The said judgment-debtor claimed certification of adjustment of decree and also challenged the maintainability of the execution application on the ground that all the heirs of a deceased decree-holder, Jugmandar Das, had not been brought on re-cord in the execution application. It was alleged in this objection that on 19-1-1972 at about 11-00 A.M. when the Amin along with one of the decree-holders, Dhan Kumar, four constables and Thanedar etc. reached...
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