Allahabad Court December 1974 Judgments
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M.S. Pearl Sound Engineer Vs. Pooran Chand and ors.
Court: Allahabad
Decided on: Dec-20-1974
Reported in: AIR1975All207
T.S. Misra, J. 1. This is a defendant's appeal arising out of a suit for ejectment from the premises in question and for recovery of arrears of rent and mesne profits.2. The case of the plaintiffs was that the defendant-appellant had occupied the accommodation in question as a tenant in the year 1956 agreeing to pay rent at the rate of Rs. 250 per annum and water charges at the rate of Rs. 5/62/-The rate of rent was subsequently enhanced to Rs. 350/- per annum with effect from 1st January. 1962. It was alleged that the premises belonged to the partnership firm Pooran Chand and Sons, the plaintiff No. 1 in which the plaintiffs 2 to 7 were partners. The said accommodation was said to have been constructed after 1st January, 1951. The plaintiffs terminated the tenancy of the defendant by notice dated 25th May, 1963, and as he failed to comply with the same, a suit for the aforesaid reliefs was filed.3. The defendant contested the suit on a number of grounds. He alleged that the accommodat...
Mastan Chand Vs. the District Judge, Muzaffarnagar and ors.
Court: Allahabad
Decided on: Dec-20-1974
Reported in: AIR1975All220
ORDERR.L. Gulati, J.1. The petitioner is a displaced person from Pakistan and since 1948 has been occupying shop No. 169/168 in Mohalla Shekh Zadam, town Kandhla, district Muzaffarnagar, of which the opposite party No. 3, Smt. Shakooran, is the owner. He has been practising as a Hakim. The landlady moved an application under Section 3 of the U. P. (Temporary) Control of Rent and Eviction Act, 1947, for permission to file a suit against him on the ground that on account of his old age he was no longer fit to carry on the profession of a Hakim and as such he did not need the shop in question, whereas she wanted the accommodation for her husband to enable him to open a tailoring shop there. The petitioner filed his objection saying that he was still fit to carry on his profession with the help of his son and filed a medical certificate to support his claim. The petitioner's objection was not accepted and the Rent Control and Eviction Officer allowed the application. The petitioner went up...
Ravi Kiran JaIn and ors. Vs. Bar Council of U.P. and ors.
Court: Allahabad
Decided on: Dec-18-1974
Reported in: AIR1975All190
K.N. Singh, J. 1. Ravi Kiran Jain, an Advocate of this Court, and sixteen other Advocates have filed the present petition under Article 226 of the Constitution challenging validity of the election of respondents Nos. 6 to 30 as members of the Bar Council of Uttar Pradesh. The petitioners have claimed relief for the issue of a writ, order or direction in the nature of certiorari quashing the election of respondents Nos. 6 to 30 and the resolution of the Bar Council dated 31st March, 1974 constituting Election Tribunal, and for the issue of a writ, order or direction to the Bar Council of India to take recourse to Sub-section (2) of Section 48B of the Advocates Act, 1961, and to hold fresh elections under its auspices according to law. 2. The Bar Council of Uttar Pradesh, the Bar Council of India and the Returning Officer Sri R.K. Kaul, who conducted the election, and the Advocate-General of Uttar Pradesh have been arrayed as respondents In addition to that, respondents Nos. 6 to 30 who ...
Sri Bharat Mahey and ors. Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: Dec-18-1974
Reported in: 1975CriLJ890
ORDERP.N. Bakshi, J.1. This application in revision has been filed on behalf of M/s. Hindustan Lever Ltd., Bombay against an order of the Judicial Magistrate, 1st Class, Meerut, dated 5th July, 1974, passed in Crime No. 390 of 1974, pending against the accused for offences under Sections 3/7 Essential Commodities Act read with Rule 114 of the Defence of India Rules. In connection with this crime 23,570 tins of Dalda of 2 kg. each and 4 tins of Dalda of 4 kg. each were seized on 15-6-1974 by the Police from the godown of M/s. Bishambhar Dass Devi Dayal, situate near Madhuri Cinema, on Meerut-Delhi road. The Station Officer, Police Station Railway Road submitted a report on 17th June, 1974, with respegt to the seizure for obtaining orders for disposal of the ceased property. On 18th June, 1974, an. application was moved under Section 451/ 459, Criminal Procedure Code on behalf of the Hindustan Lever Ltd., represented by Sri Bharat Mahe,. Branch Manager, praying that the goods be released...
Union of India (Uoi) Vs. Ram Chandra
Court: Allahabad
Decided on: Dec-17-1974
Reported in: AIR1975All221
Amitav Banerji, J.1. This is an appeal by the defendant Union of India. Plaintiff filed a suit praying that the defendant be ordered to remove the telegraph line going over the plaintiff's house and also claimed damages in a sum of Rs. 360 against the defendant. Plaintiff's case in brief was that he has a house situate in Nagla Dina Fatehgarh in the district of Farrukhabad. The Telegraph Department wanted to carry telegraph line over the plaintiff's house to which the plaintiff objected. The person in-charge of the operation gave in writing that the line was being carried temporarily and would be removed within fifteen days. The line was not removed in spite of repeated requests and letters. The defendant had no right to carry the telegraph line over the house of the plaintiff and the defendant had a land only 15 or 20 yards away from the house of the plaintiff over which the telegraph line could be carried. As a result of the placement of the telegraph line over the plaintiffs propert...
Jafco Traders Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-13-1974
Reported in: [1975]35STC553(All)
Satish Chandra, J.1. A firm, named the Indian Leather Board Industries, carried on the business of manufacturing leather board in a factory. On 15th January, 1973, it executed a lease of the factory for a period of 11 months in favour of the petitioner. The lease deed provided for renewal for five years. Accordingly, the petitioner renewed the lease in November, 1973, for another period of 11 months and we are informed that it was further renewed in November, 1974, for a further period of 11 months. In the result, the petitioner has an existing lease of the factory in his favour.2. It appears that the Indian Leather Industries had incurred some sales tax liability which they had to clear. The sales tax department launched recovery proceedings against the defaulter. In the course of these proceedings three machines fixed in this factory were attached and were placed in the custody of a Supurdar. On 5th April, 1974, the tax recovery officer directed the Supurdar to bring the attached mac...
Madan Studio Vs. the Assistant Commissioner (J.) Iv, Sales Tax, Varana ...
Court: Allahabad
Decided on: Dec-11-1974
Reported in: [1975]36STC282(All)
Satish Chandra, J.1. The petitioner carries on the business of buying and selling photo goods and also of making photographs. Up to the assessment year 1969-70 the Judge (Revisions) upheld the petitioner's contention that the turnover of photographs made by the petitioner was exempt from sales tax because it was a turnover in respect of works contract and not sale of goods. For the assessment year 1970-71 the Sales Tax Officer held that the turnover of photographs was taxable. The assessee preferred an appeal against that order which was also dismissed on 2nd April, 1974, on the finding that the turnover of photographs was not a turnover of works contract but was sale of goods and was hence liable to tax. The petitioner challenges the validity of this order. The petitioner had, under Section 10 of the U. P. Sales Tax Act, a statutory remedy. In fact the petitioner has been exercising this remedy of revision under Section 10 against similar appellate orders in previous years. There was ...
Prakash Vs. the Sub-divisional Officer, Hapur and ors.
Court: Allahabad
Decided on: Dec-06-1974
Reported in: AIR1975All225
Satish Chandra, J.1. The election to the post of Pradhan of the Gaon Sabha, Dhanora, Tahsil Hapur, district Meerut, was notified to be held under Section 11-B (1) of the U. P. Panchayat Rai Act. The polling was to take place on 28th May, 1972. The appellant as well as respondents Nos. 4 to 9 were the contesting candidates. On 28th May, 1972 all contesting candidates except respondent No. 4 Ram Singh Tyagi filed an application before the Presiding Officer retiring from the election. The Presiding Officer stopped the commencement of the poll and transmitted the application to the Returning Officer. The Returning Officer rejected the application on the grounds:(a) that the application did not contain the date, and time on which it was given to the Presiding Officer;(b) that the Presiding Officer did not mention that he had stopped the poll as required under Rule 20-KK of the Rules; and(c) that on the application a thumb-impression purporting to be of Prakash has not been attested or verif...
Smt. Kamlawati Raizada Vs. Controller of Estate Duty
Court: Allahabad
Decided on: Dec-06-1974
Reported in: [1976]105ITR703(All)
Satish Chandra, J.1. Sri Bishambhar Das Raizada died on 7th September, 1966. The Assistant Controller of Estate Duty, while evaluating his estate, took into consideration the goodwill of his shares in the two partnership firms, which were carrying on business. He also included a sum of Rs. 55,000 as estimated value of jewellery and other household effects available to the deceased at the time of his death.2. The assessee went up in appeal to the Central Board of Direct Taxes. The Board held that a business firm does have a goodwill. It, however, adopted a different measure for computing the goodwill of the share of the deceased. In the firm, M/s. Bishambhar Dass Kishan Lal, the share of the goodwill of the deceased was assessed to Rs. 2,500. The Board upheld the addition of the value of jewellery but estimated its value at Rs. 35,000 on the ground that some part of the jewellery must have belonged to the wife of the deceased as her stridhan and so it could not be held to be deceased's ...
Basant Industries Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Dec-06-1974
Reported in: [1975]36STC209(All)
Satish Chandra, J.1. The question which requires consideration in this reference is whether the pumping sets are agricultural implements liable to tax at 2 per cent under the notification dated 1st September, 1965. A Full Bench in Engineering Traders v. State of U.P. 1073 U.P.T.C. 91 held that pumping sets were agricultural implements and liable to pay tax at 2 per cent and they were not machineries taxable at 6 per cent. Subsequently, the State Legislature by Section 9 of the U. P. Sales Tax (Amendment) Act, 1974 (Act No. 17 of 1974), retrospectively amended entry No. 52 to the First Schedule of the U.P. Sales Tax Act. Previously this entry read :52. Machinery and spare parts of machinery, not being such machinery or spare parts thereof as are taxable under any other item in this schedule.2. After amendment entry No. 52 reads :Machinery and spare parts of machinery, including water pumps, not being such machinery or spare parts thereof as are taxable under any other item in this sched...
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