Allahabad Court March 1974 Judgments
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Kailash Chandra and anr. Vs. Om Prakash Sharma and ors.
Court: Allahabad
Decided on: Mar-06-1974
Reported in: AIR1974All350
ORDERM.N. Shukla, J.1. This is a tenant's application under Article 226 of the Constitution praying for a writ of certio-rari quashing the order of the State Government dated 24-11-1971 (Annexure 6 of the writ petition) passed under Section 7-F of the U. P. (Temporary) Control of Rent & Eviction Act (hereinafter referred to as the Act).2. The short facts of the case are that respondent No. 1 namely, Om Prakash Sharma is the landlord of house No. 76, Mohalla Baba Khaki in the city of Meerut. The petitioners are tenants of the said respondent and have been occupying the entire accommodation as tenants for a considerable period. In fact, the house was purchased by respondent No. 1 on 8-2-1971 and the accommodation in dispute had been in the tenancy of the petitioners since before the transfer of the house. On 30-3-1971 respondent No. 1 made an application under Section 3 of the Act for permission to sue the petitioners for ejectment. The permission was granted by the Rent Control and Evic...
Commissioner of Income-tax Vs. Dr. P.N. Awasthi and
Court: Allahabad
Decided on: Mar-06-1974
Reported in: [1976]105ITR320(All)
Satish Chandra, J.1. These four references raise the same question of law, namely, whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in holding that on a correct interpretation of the relevant rules of the U.P. Medical Manual, 25% of the gross fees received by the assessee from Central Government employees was not the income of the assessee.2. In each reference the assessee is a member of the Medical Service of the State. He is the authorised medical attendant of Central Government employees as well. He received different sums of money as fee for professional service rendered to the Central Government servants. The, assessee claimed that in view of rule 197C of the U.P. Medical Manual, the State Government was entitled to 25% of the fee received by the assessee. This portion of the total fee received by the assessee in respect of the Central Government employees was not his income and was not taxable in his hands. The Income-tax Offi...
Manni Vs. State
Court: Allahabad
Decided on: Mar-06-1974
Reported in: 1975CriLJ161
ORDERYashoda Nandan, J.1. This is a reference made by the learned II Temporary Sessions Judge. Fatehpur recommending that the learned trial Magistrate be directed to allow the accused in the case to examine any witness as defence witness irrespective of the fact whether he had already been examined as prosecution witness or, not.2. The material facts giving rise to this reference are that Manni is on trial in the court of the learned Additional District Magistrate (J), Fatehpur for an offence punishable under Section 379. Indian Penal Code on the basis of a police report. He is consequently being tried in accordance with the procedure prescribed by Section 251-A of Chapter: XXI of the Criminal Procedure Code hereinafter referred as the Code. After the charge was framed by the learned Magistrate the prosecution examined in support of its case B. W. 1 Shiv Darshan, P.W. 2 NankaU.P. W. 3, Pittan and; P.W. 4 Udaya Narain Singh. The first three witnesses were examined as witnesses of fact a...
Squadron Leader Giri Narayana Raju Vs. Officer Commanding 48 Squadron ...
Court: Allahabad
Decided on: Mar-05-1974
Reported in: AIR1974All362
ORDERH.N. Seth, J.1. This petition under Article 226 of the Constitution is by Sq. Ldr. Giri Narain Raju.2. On 28-3-1970 the Air Headquarters, New Delhi issued instructions making it compulsory for the Air Force Personnel to wear crash helmets with effect from April 1 of the year. Certain enquiries were made from the Air Headquarters, which by a letter dated 10th June 1970, clarified that crash helmet was to be worn by every Air Force personnel when riding a motor cycle or a scooter, irrespective of the fact whether he was so riding on duty or off duty, whether in uniform or in plain clothes or whether riding on driver's seat or on a pillion seat. It was also made clear that the instructions contained therein apply equally to the rider of all forms of two wheeled motorised vehicles including motor cycles, scooters, scooterett, mopedes and motorett cycles, but not if any of the aforementioned vehicles were attached with a side car. It was further clarified that these instructions do not...
Janardan Prasad Gupta Vs. O.P. Chakarvarty and anr.
Court: Allahabad
Decided on: Mar-05-1974
Reported in: 1975CriLJ164
K. B. Srivastava, J.1. The petitioner Dr Janardan Prasad Gupta alleges that Dr,, O. P. Chakravarty, Additional Director of Medical and Health Services and Drugs Controller, Uttar Pradesh, and Dr. Niranjan Prasad, Assistant Drugs Controller, Uttar Pradesh, the two respondents before us, have committed criminal contempt of this Court under sub-clauses (i), (ii) and (iii) of Clause (c) of Section 2, Contempt of Courts Act (hereinafter referred to as the Act) and consequently they deserve punishment under Section 12 of the Act.2. It is not disputed by either side that the alleged contempt was not committed in the face of this Court, so as to fall within the purview of Section 14 of the Act. Similarly, it is not disputed that it lies within the ambit of Section 15 of the Act. The proceedings have not been initiated on its own motion by this Court or on a motion made by the Advocate-General. The petitioner further admits that he has not made the motion with the consent in writing of the Advo...
Padampat Singhania and ors. Vs. Assistant Controller of Estate Duty Cu ...
Court: Allahabad
Decided on: Mar-04-1974
Reported in: [1976]102ITR701(All)
1. This petition is directed against an assessment order dated June 27, 1972, and a notice of demand dated June 29, 1972, under the Estate Duty Act.2. Sri Shyam Hari Singhania died on 3rd December, 1960, leaving behind his widow, who is petitioner No, 3, and his mother, the petitioner No. 2, as his heirs. He also left behind him his father, who is petitioner No. 1 before us. The return of estate duty was filed on 1st August, 1961. The Deputy Controller issued notice under Section 58(2) of the Estate Duty Act on 4th October, 1961, for furnishing information mentioned in it. Notices were also issued on 22nd July, 1963, and 15th July, 1967. In relation to the notice issued in 1967 the accountable person filed an objection that it is beyond time in view of Section 73 of the Estate Duty Act. The objection was overruled and the Assistant Controller of Estate Duty passed an assessment order on 27th June, 1972. He held that the estate duty payable by the accountable person was Rs. 7,05,985.92....
Commissioner of Sales Tax Vs. Jamuna Oil Mills
Court: Allahabad
Decided on: Mar-04-1974
Reported in: [1974]34STC564(All)
1. The Additional Revising Authority, Sales Tax, Allahabad, has referred the following question of law for the opinion of this court:Whether, on the facts and in the circumstances of this case, the assessee was entitled to the benefit of the lower rate of tax under Section 8 of the Central Sales Tax Act on the inter-State sale, under the bill of 28th June, 1965, of Rs. 1,002.24 relating to the tins to Dwarka Prasad Shanker Lal of Bihar registered under the Central Sales Tax Act with effect from 8th July, 1965. 2. The findings of fact are that the assessee sold mustard oil in tins to Dwarka Prasad Shanker Lal of Bihar on 28th June, 1965. The firm M/s Dwarka Prasad Shanker Lal furnished form C with regard to this transaction. The form showed that the firm bas been registered on 8th July, 1965 There was no material on record to show as to what was the date on which the firm Dwarka Prasad Shanker Lal had applied for registration. Consequently, the contention of the learned counsel for the ...
Anand Kishore Vs. State
Court: Allahabad
Decided on: Mar-04-1974
Reported in: 1974CriLJ1321
H.L. Capoor, J.1. Suresh Chand, a resident of village Muradpur Jaunpura, made an application against Ram Narain and others for proceedings being initiated under Section 133, Cr.P.C. The application was sent to the Tahsildar for enquiry and the Sadar Kanungo of Circle Garh submitted a report to the effect that Ram Narain and others had removed their unauthorised encroachment, but the encroachment was made by Anand Kishore . upon an area of five Biswas five Biswansis of plot No. 326 which was a public-way. Notice under Section 133, Cr.P.C. was issued against Anand Kishore on 24th November, 1970, and he was directed to remove the said encroachment within fifteen days of the receipt of notice or to show cause why the order be not enforced. In response to this notice Anand Ki-shore filed a written statement alleging that Akhora, Bitoras and Kolhu had been set up in plot No. 326, area five Biswas five Biswansis. since the time of Zamindari Abolition and that one Bigha one Biswas land of the ...
S.S. Bargava and ors. Vs. Allahabad Polytechnic and anr.
Court: Allahabad
Decided on: Mar-01-1974
Reported in: (1975)ILLJ1All
M.P. Mehrotra, J.1. This is the plaintiff's second appeal. The trial Court decreed the suit but the lower appellate Court has dismissed the suit. The plaintiffs sued for declaration that the fixation of the grade and scale of pay and dearness allowance made by the defendants in pursuance of G.O. No. 2113 ED-XVIII-D dated 8-13-1967 whereby the emoluments of the plaintiffs were sought to be reduced, was null and void and ineffective and that the plaintiffs were entitled to the grade and scale of pay and to the dearness allowance in accordance with G.O. No. G-a263/X-l43-1965 dated 28-2-1966.2. The brief facts are as follows: The plaintiffs are in the employment of the Allahabad Polytechinic as lecturers, instructors, office assistants and class IV assistant, etc. A society registered under the Societies Registration Act named as Institute of Engineering Technology started a technical school under the name and style of 'Civil Engineering School' in or about year 1955. That institution cont...
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