Allahabad Court July 1974 Judgments
The State of U.P. and ors. Vs. Prem Shankar and ors.
Court: Allahabad
Decided on: Jul-30-1974
Reported in: (1975)IILLJ463All
D.S. Matthur, J.1. This order shall govern Special Appeals Nos. 283 and 284 of 1971 both by the State of Uttar Pradesh and the Public Service Commission, U.P. Allahabad, against the order of the learned single Judge allowing the writ petitions of Prem Shankar Bhargava and of R.P.B. Singh and seven others and quashing the impugned order terminating the services of the petitioners as District Statistics Officer.2. The material facts of the case are that the post of District Statistics Officer in the Directorate of Economics and Statistics has always been and still is temporary. However, in 1958 the scale of pay admissible to them was Rs. 250-850. In 1961, as a matter of economy, all the posts were downgraded with a time scale of Rs. 200-500. The Pay Rationalisation Committee recommended the scale of Rs. 250-600 for this post, which was accepted by the Government. The result was that all the candidates who had applied for the post on the reduced time scale of Rs. 200-500, were sanctioned ...
Tag this Judgment!P.M. Natarajan Vs. Krishna Chandra Gupta
Court: Allahabad
Decided on: Jul-30-1974
Reported in: 1975CriLJ899
ORDERHari Swarup, J.1. This is an application under Section 561-A, Criminal Procedure Code, moved by the applicant for quashing the proceedings pending in the court of the Munsif Magistrate, Fatehabad on the basis of a complaint for an offence under Section 417, Indian Penal Code. The complainant, as partner of a firm o commission agents, filed the complaint on the following allegations. That the accused who. is a merchant and commission agent carrying on business at Palghat in Keral, placed an order with the complainant for purchase of 220 quintals of Pea pulse, and for despatching the same to the accused at Palghat. The complainant quoted the price and after its having been accepted by the accused, purchased the goods and despatched them through the railway. The Hundis were sent through the State Bank of India and the railway receipts were also sent with the same. They were to be delivered to the accused on payment of the price of the goods. The accused did not honour the Hundis and ...
Tag this Judgment!Hari Nandan Agrawal and anr. Vs. S.N. Pandita and ors.
Court: Allahabad
Decided on: Jul-26-1974
Reported in: AIR1975All48
Mathur, C.J. 1. This order shall govern Special Appeals Nos. 688 of 1972 and 69 and 77 of 1973 and also the Writ Petition No. 3243 of 1972, F.A.F.O. No. 251 of 1972 and Civil Revision No. 875 of 1972 arising out of the same case.2. The material facts of the case are that 'Jarao Building' situate at Morris Road in the city of Aligarh was in the tenancy of the successive Agents of the State Bank of Aligarh for a long period and the last Agent who occupied the accommodation was S.D. Nayar. The building was purchased by Hari Nandan Agarwal and Smt. Madhu Agarwal (hereinafter to be referred as the applicants) in the month of December, 1971. S.D. Nayar was under orders of transfer and his successor M.L. Sharma arrived in Aligarh to take over charge. The handing over of the charge by the Agent takes many weeks S.D. Nayar permitted M.L. Sharma to occupy two of the rooms of this building. Another room was in the occupation of the son of the previous Agent and a Kothari in the occupation of the ...
Tag this Judgment!U.P. State Agro Industrial Corporation Ltd. Vs. Income-tax Officer, A- ...
Court: Allahabad
Decided on: Jul-26-1974
Reported in: [1988]113ITR722(All)
Satish Chandra, J. 1. The U.P. State Agro Industrial Corporation has come to this court under Article 226 of the Constitution praying that the notice issued by the Income-tax Officer on March 20, 1974, be quashed and he be restrained from enforcing it. 2. The authorised share capital of the petitioner-company is Rs. 5 crores. It is a Corporation in the public sector. 50% of its shares are owned by the President of India and 50% by the Governor of U.P. It carries on the business of manufacture and sale of agricultural implements, fertiliser, etc. On 22nd May, 1973, the Income-tax Officer, Lucknow, served upon the petitioner a notice under Section 210 of the Income-tax; Act, 1961, requiring the petitioner to pay a sum of Rs. 25,14,616 as advance; tax for the assessment year 1974-75. The petitioner estimated its current income for the assessment year 1974-75 at Rs. 35,00,000 of which the pay-able amount of advance tax came to Rs. 20,21,250. The petitioner sent its; return of current incom...
Tag this Judgment!Gangadhar and ors. Vs. Raghubar Dayal and ors.
Court: Allahabad
Decided on: Jul-24-1974
Reported in: AIR1975All102
N.D. Ojha, J. 1. The dispute giving rise to this special aPoeal was in respect of three plots being No. 874. 875 and 878 situate in village Bambirpur, Pargana Atrauli district Aligarh. One Shyam Lal, who was the servant of respondents 7 to 10, made an application under Section 145 of the Code of Criminal Procedure on 26th July, 1950, in respect of the aforesaid plots. The appellants were the opposite parties in those proceedings. The Magistrate concerned on 29th Oct. 1951, passed an order under Section 146 of the Code of Criminal Procedure as it stood at that time directing the properties to remain attached till a competent Court determined the rights of the parties. These plots were to remain in possession of a supurdar appointed by the Magistrate in those proceedings during this period. Subse-quently, the appellants filed a suit for declaration that they were sirdars of the plotg in dispute. This suit was numbered 377 of 1953 and only respondents 1 to 6 were arrayed as defendants to ...
Tag this Judgment!U.P. State Road Transport Corporation, Lucknow Vs. State Transport App ...
Court: Allahabad
Decided on: Jul-23-1974
Reported in: AIR1975All154
ORDERK.N. Singh, J. 1. Messrs. Jagat Nath Wahal, Jeewan Nath Wahal and Mahabir Prasad Srivastava made applications before the State Transport Authority, Luck-now, for grant of stage carriage permits on Meerut-Delhi, an inter-State route. The State Transport Authority dismissed all the three applications mainly on the ground that the Meerut-Delhi was a notified route under the Motor Vehicles Act and as such no stage carriage permit could legally be granted to the said applicants. The order of the State Transport Authority was challenged in appeal by Jagannath Wahal, Jeewan Nath Wahal and Mahabir Prasad Srivastava before the State Transport Appellate Tribunal, U. P. (hereinafter referred to as the Appellate Tribunal). By its order dated 27th February, 1973, the Appellate Tribunal allowed the three appeals and set aside the order of the State Transport Authority, it further directed the State Transport Authority to grant stage carriage permits to each of the three appellants. The Appellat...
Tag this Judgment!Srinath Das Vs. Income-tax Appellate Tribunal, Delhi Bench b and ors.
Court: Allahabad
Decided on: Jul-19-1974
Reported in: [1977]109ITR315(All)
H.N. Seth, J. 1. This petition under Article 226 of the Constitution is directed against three orders dated October 22, 1971, March 20, 1972, and September 17, 1973, passed by the Gift-tax Officer, A-Ward, Mathura, the Appellate Assistant Commissioner of Gift-tax, Range-II, Agra, and the Income-tax Appellate Tribunal, Delhi Bench 'B', Delhi, respectively.2. The petitioner, Srinath Das, who is a partner in a firm known as Kishan Cold Storage, Mathura, filed a gift-tax return for the assessment year 1971-72, showing that he gifted a sum of Rs. 20,000 to one Sanjai Kumar, minor son of Sri Prithivi Nath, on 1st January, 1970. This gift was said to have been effected by debiting and crediting the respective personal accounts of the donor and the donee, maintained in the books of the firm. In due course the interest accruing on the aforesaid amount was also credited to the account of Sanjai Kumar. Income-tax payable on the interest accruing on the aforesaid amount gifted by the petitioner wa...
Tag this Judgment!Nanak and ors. Vs. the State of U.P.
Court: Allahabad
Decided on: Jul-18-1974
Reported in: 1974CriLJ1402
ORDERP.N. Bakshi, J.1. The applicants were convicted by the Judicial Magistrate Hapur, Meerut for an offence under Section 379, I.P.C. and sentenced to rigorous imprisonment for 18 months, The Magistrate also passed an order forfeiting the cycles of the applicants.2. The case for the prosecution is that the applicants ware found cutting wire from the side of the Government Tube Well Raghunathpur. Nanak applicant was perched upon the pole and cutting the wire. Abdul Haq and Momin applicants were collecting the out wire and making rounds thereof. They were arrest, ed on the spot. An Art, two cycles and one wrist watch were also recovered from their possession at the time of their arrest.3. This case of the prosecution has been proved by the evidence on the re. cord. The finding of fact recorded by the trial court has been confirmed by the appel. late court. The High Court did not admit the revision on merits but observed at the time of admission that it was doubtful whether the order for...
Tag this Judgment!Nagar Mahapalika, Varanasi Vs. Durga Shankar and ors.
Court: Allahabad
Decided on: Jul-17-1974
Reported in: AIR1975All99
Satish Chandra, J.1. Nagar Mahapalika Varanasi has filed this appeal against the judgment of a learned Single Judge quashing the notification issued under Sections 4 and 6 of the Land Acquisition Act and also the proceedings for the ejectment of the respondents taken by the Nagar Mahapalika under Section 129-A of the Nagar Mahapalika Adhiniyam.2. A notification under Section 4 of the Land Acquisition Act was issued on 30-11-1955. It related to an. area of 0.905 acres in village Jaitpura in the district of Varanasi. Subsequently a notification under Section 6 of the Land Acquisition Act was issued on January 19, 1956. It related to the same area and it mentioned that the land was sought to be acquired for widening of roads and shopping cum housing-centre. Provisions of Section 5A were excluded. Subsequently proceedings for determination of the compensation payable to the owners were undertaken and an award was published by the Land Acquisition Officer on 6th April, 1957. Later on the Na...
Tag this Judgment!Town Area Committee and ors. Vs. Prabhu Dayal and anr.
Court: Allahabad
Decided on: Jul-12-1974
Reported in: AIR1975All132
Hari Swarup, J. 1. This is a defendant's appeal arising out of a suit for recovery of compensation for damages suffered by the plaintiff by an act of defendants. Plaintiff's case was that he had made constructions of 16 shoos on the old foundations of the building known as Garhi and the defendant Town Area Committee act-ins through its Chairman and Vice-Chairman, who are defendants 2 and 3 illegally demolished, these constructions. By this demolition plaintiff suffered a loss of Rs. 1,000. According to him the notice under Section 186 of the U. P. Municipalities Act was bad as it gave to the plaintiff only two hours' time to demolish the constructions and not a reasonable time as contemplated in Section 302 of the Act. It was also asserted that demolition after this notice was bad as the notice was served at a time when the plaintiff was out of station. The action was said to be mala fide. 2. The plea of the defendants was that the constructions had been made by the plaintiff without g...
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