Allahabad Court March 1974 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Tarkeshwar Nath Agarwal Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Mar-18-1974
Reported in: [1974]34STC497(All)
R.L. Gulati, J. 1. This and the connected case are references under Section 11 (1) of the U. P. Sales Tax Act and relate to the assessment years 1966-67 and 1967-68. Common questions of law arise in both the references. The questions in respect of assessment year 1966-67 are as under:(1) Whether, upon the facts and in the circumstances of this case, there was material to justify the amounts of the assessee's taxable turnover determined by the Additional Judge (Revisions), Sales Tax, U. P., Allahabad, for the year 1966-67?(2) Whether, upon the facts and in the circumstances of this case, the Additional Judge (Revisions), Sales Tax, Allahabad, was competent to raise the turnover taxable at the rate of 2 per cent from Rs. 10,000 to Rs. 15,000 for the year 1966-67?(3) Whether the window-glass, imported and sold by the assessee in 1966-67, was glassware attracting tax at the rate of 10 per cent under Notification No. ST-7094/X--1012-1965 dated 1st October, 1965? If not, what was the correct...
Sri AulvIn V. Singh Vs. Smt. Chandrawati
Court: Allahabad
Decided on: Mar-15-1974
Reported in: AIR1974All278
Yashoda Nandan, J.1. This is an appeal by the husband arising out of a petition under Section 27 of the Special Marriage Act hereinafter referred to as the Act.2. The material facts giving rise to this appeal are that the appellant presented a petition under Section 27 of the Act seeking divorce from his wife Smt. Chandrawati. who figures as a respondent before me. The appellant Sri Aulvin V. Singh and Smt. Chandrawati, respondent, are admittedly Christians and they were married in a Christian Church according to Christian rites on the 2nd May, 1957. The appellant alleged that they lived happily together as husband and wife till the 5th September, 1964, when all of a sudden the respondent for no rhyme or reason went away to her father's place. It was alleged that the appellant awaited her return for a few months but when she did not return back to the matrimonial home he made all efforts to bring her to his place but in vain. The petition was founded on the allegation of desertion by t...
Shabbar Ali Khan and anr. Vs. Mardan Ali Khan and anr.
Court: Allahabad
Decided on: Mar-14-1974
Reported in: AIR1974All353
M.P. Mehrotra, J.1. This is the defendant's second appeal arising out of a suit for partition. The plaintiff claimed half share in the suit plots on the basis that he was a co-tenure-holder. The defence was that the defendants were the sole Bhumidhars and that the plaintiff had no interest in the plots in question. The trial court decreed the suit holding that the plaintiff's claim to be the co-bhumidhar of the plots in question was correct. The defendants filed an appeal and the same was dismissed on the ground that the defence was barred by Section 49 of the Consolidation of Holdings Act inasmuch as the rights of the parties stood finally determined in the consolidation proceedings. It may be stated here that in the consolidation proceedings Form No. 25 was issued disclosing the share of the plaintiff to be half and the remaining half share to the defendants. No objection was filed before the consolidation authorities and, therefore, the lower appellate court took the view, that it w...
Tondi and ors. Vs. the State of U.P.
Court: Allahabad
Decided on: Mar-13-1974
Reported in: 1975CriLJ950
P.N. Bakshi, J.1. The appellants Tondi, Ram Chandra and Piarey have been convicted by III Additional Sessions Judge, Shahjahanpur under Section 364, IPC Tondi and Ramchandra have been sentenced to eight years R. I. and Pyare has been sentenced to four years R. I.2. Briefly stated, the prosecution case is that the deceased Parasram was an unmarried man. His brother-in-law is one Rameshwar Dayal. Rameshwar Dayal is a resident of village Kherakia, police station Bisalpur, district Pilibhit. Parasram had gone to attend the marriage of Rameshwar Dayal's son on 9-6-1969. On the morning of 11-6-1969, Parasram is alleged to have left Pakaria on the return of the Bafat. While leaving Pakaria, he is said to have informed that he was going to Bisalpur to meet the accused persons.3. The case for the prosecution is that the accused had induced Parasram by representing to him that they would get him married. The prosecution case further is that Rs. 1,000/- were required for this marriage which was c...
Devi Saran Vs. State
Court: Allahabad
Decided on: Mar-13-1974
Reported in: 1974CriLJ865
ORDERT.S. Misra, J.1. This revision arises in the following circumstances Sri K. R. Gangwar. Food Inspector, Municipal Board. Bareilly, made a complaint under Section 7/16 of the Prevention of Food Adulteration Act against Devi Saran. hereinafter called the applicant, alleging that on 31st March. 1969 at about 5.15 P. M. the applicant was found selling and having in his possession milk for sale. The Food Inspector purchased a Sample of the same on payment of price and after complying with the formalities he sent one bottle of the sample to the Public Analyst. Govt. of U. P. who reported that the sample was adulterated. Having received this report the Inspector filed a complaint. The applicant pleaded not guilty and contended that he did not own the shop where the milk was vended and that the sample was not taken from him. He alleged that no notice was given and no price was paid to him toy the Inspector. In support of its case the prosecution examined the Food Inspector and one Manna L...
Gopi and ors. Vs. State
Court: Allahabad
Decided on: Mar-13-1974
Reported in: 1974CriLJ1410
ORDERH.N. Kapoor, J.1. This reference has been made by the A. D. M. (J) Bulandshahr dated 16.5.1972 with the recommsndation that the order of the Magistrate dated 31.12.1971 issuing bailable warrants against the applicants be set aside.2. The facts giving rise to this reference are as follows. Proceedings under Sections 107/ 117, Criminal P. C., were started against the revisionists as there was apprehension of the breach of peace from their side. An order under Section 112 Criminal P. C, had been passed and the notice under Section 107, Cri. initial P. C., had been issued and duly served requiring the applicants to execute bonds for Rs. 1, 000 with two reliable sureties each in the like amount to keep peace for a period of one year. Summons were then issued. The revisionists then filed a revision against the order issuing notice. That revision was reject-ed by the First Civil and Sessions Judge, Bulandshahr by his order dated the 27th of November, 1971. Proceedings were then continued...
Baboo Ram Vs. Ishrat Ali
Court: Allahabad
Decided on: Mar-12-1974
Reported in: AIR1975All180
Jagmohan Lal, J. 1. This second appeal has been filed by a tenant against whom a decree for ejectment has been passed by the lower appellate court though the trial court had dismissed the suit of the plaintiff-respondent. The accommodation, which is the subject-matter of the suit, is governed by the provisions of the U. P. (Temporary) Control of Rent and Eviction Act (to be hereafter called as the Act) which has since been repealed. The ejectment of the tenant was sought by the landlord on the ground that he had committed default within the meaning of Section 3(1) (a) of the Act. A notice dated 16-9-1964 demanding arrears of rent due till then for a period of more than three months was served by the landlord on the tenant on 17-9-1964 requiring him to pay the arrears of rent within one month from the date of the receipt of that notice. The tenant sent the arrears of rent by money order on 10-10-1964. The money order was addressed to the landlord who resided in district Sitapur though t...
Vijay Kumar Kedia Vs. Controller of Estate Duty.
Court: Allahabad
Decided on: Mar-11-1974
Reported in: [1976]104ITR302(All)
H. N. SETH J. - One Babu Lal Kedia died intestate on May 4, 1963. Vijai Kumar Kedia, one of tbe grandsons of the deceased, filed the necessary estate duty return. The relationship between the accountable person and the deceased would be evident from the following pedigree :Babu Lal(died on 4-5-1963) Kamli Devi(wife, died in Nov.48)Jiwan Ram (son, died in May 1949) Vijai Kumar Krishna Kumar(From 1st wife, Smt. Kapuri Devi, died in 1944)Munni Lal(From 2nd wifePrakashwati Devi)Case of the accountable person was that the deceased formed a joint Hindu family with his widowed daughter-in-law, Smt. Prakashwati Devi and his three grandsons, Krishna Kumar, Vijai Kumar and Munni Lal. He had thrown all his property in the common hotchpotch of the family. Thus, the only property that passed on the death of Babu Lal Kedia was his interest in the joint Hindu family property. Total value of such joint Hindu family property was Rs. 4,16,240 out of which the interest of the deceased was only one-half.T...
Ram Bharose Lal Vs. Sukhdei and ors.
Court: Allahabad
Decided on: Mar-06-1974
Reported in: AIR1975All90
ORDERG.C. Mathur, J.1. This is a plaintiff's revision under Section. 115 of the Code of Civil Procedure, against an order of the First Temporary Civil and Sessions Judge, Etah, abating the appeals pending before him under Section 5 (2) of the U. P. Consolidation, of Holdings Act.2. The applicant filed a suit against Srimati Devki, original opposite Party No. 5 and on November 19, 1967, obtained a simple money decree against her. In execution of the decree, he got attached certain agricultural plots and the crops standing thereon. The Crops were sold for Rs. 700/- and the amount was deposited in the executing court. An objection was filed by opposite parties Nos. 1, 2 and 3 under Order XXI, Rule 58 of the Code of Civil Procedure, contending that under a sale deed dated September 17, 1965, Srimati Devki had transferred her share in the plots to Opposite Parties Nos. 1, 2 and 3 and that these plots are not liable to attachment and sale in execution of the decree against Srimati Devki. Thi...
Ghanshiam Singh Vs. Smt. Har Piarey and anr.
Court: Allahabad
Decided on: Mar-06-1974
Reported in: AIR1974All229
N.D. Ojha, J.1. One Smt. Parvati owned three shops. One of these shops was let out to one Khursheed and the other to Shambhoo opposite party No. 2. Smt. Parvati obtained a decree for ejectment against Khursheed. Before the decree could be executed Smt. Parvati died. Ghanshiam Singh the applicant, made an application for execution of the decree on the ground that Smt. Parvati had executed a will in his favour and he was thus her legal representative. Another application was made by opposite party No. 1 Smt. Har Piarey claiming to be> the step daughter of Smt. Parvati. A question accordingly arose on the execution side as to which of the two rival claimants was the representative of Smt. Parvati. This question was heard and finally decided by the execution Court in favour of Ghanshiam Singh. Smt. Harpiarey, treating the decision given by the execution Court as a decree, filed an appeal and thereafter a second appeal, both of which failed. Subsequently, Shambhoo, opposite party No. 2 who,...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »