Allahabad Court January 1975 Judgments
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Asad Yar Khan Vs. the State Transport Appellate Tribunal, Uttar Prades ...
Court: Allahabad
Decided on: Jan-30-1975
Reported in: AIR1976All185
ORDERK.B. Asthana, C.J.1. This is a petition under Article 226 of the Constitution questioning the validity of an order passed by the U.P. State Transport Appellate Tribunal dated 21st April, 1973 by which a revision filed by Srimati Afsari Begum respondent No. 3 to this petition was allowed and the order of the Regional Transport Authority, Lucknow dated 2nd January, 1973 transferring the permit No. 381 of Vehicle No. USD-583 from the name of Srimati Afsari Begum to the name of Asad Yar Khan, the petitioner in this writ petition, was set aside.2. It appears that in 1958 a permit was granted by the Regional Transport Authority, Lucknow in the name of Srimati Afsari Begum for plying a private stage carriage on Barabanki-Ganeshpur route. Later on the route was changed and the permit held good for Hardoi-Beniganj-Sandila route. During the period appropriate endorsements were made in the permit. In 1972 the said permit stood for the Vehicle No. USD-583. Srimati Afsari Begum is the widowed ...
Bhagwan Swarup Mathur and ors. Vs. the District Magistrate, Aligarh an ...
Court: Allahabad
Decided on: Jan-30-1975
Reported in: AIR1975All456
ORDERYashoda Nandan, J.1. Opposite party No. 3 M/s. M. S. Bansal (Private) Limited are running a cinema house situate on a piece of land in the city of Aligarh. The land originally belonged to the predecessors of the petitioners. On the 9th September, 1937 while the estate of which the land formed part was under the superintendence of Court of Wards, it was leased out for a period of 30 years to opposite party No. 3. Under the terms of the lease opposite party No. 3 was entitled to make any constructions thereon. It was stipulated in the lease deed that on the expiry of the lease, possession of the plot of land will be restored after removal of the constructions thereon to the lessor. During the subsistence of the lease in accordancewith the terms thereof opposite party No. 3 constructed a cinema hall called the Ruby Theatres on the demised land. The lease expired sometime in the year 1967. While the period of lease was still continuing, the petitioners' uncle Rajendra' Nath transferre...
Nagar Swastha Adhikari, Nagar Mahapalika Vs. Dalip Son of Karnal Singh
Court: Allahabad
Decided on: Jan-30-1975
Reported in: 1975CriLJ1510
H.L. Capoor, J.1. This judgment shall govern both the appeals, as the accused is the same in both the cases and both of them were disposed of by one trial.2. The Nagar Swasth Adhikari. Agra, has preferred these appeals against the orders, dated 13th December, 1971, of Sri A. N. Bhargava. Magistrate, 1st Class, Agra acquitting the accused in both the cases out of which these appeals have arisen.3. The prosecution case, in brief is that the accused-respondent was found selling cow milk on 25th December, 1967 and 6th January, 1968, at about 9 O'clock in the morning in Shivaji Market by the Food Inspector, who purchased 660 millilitres of milk as sample on cash payment of .62 P. and .60 P. respectively. The milk was divided in three equal phials, in each of which 17 drops of formalin were added in both the cases. One sample was given to the accused, the other was sent to the Public Analyst, and the third was retained in the office of the Nagar Swastha, Adhikari in respect of the milk taken...
Commissioner, Sales Tax Vs. Ram Singh and Sons Engineering Works
Court: Allahabad
Decided on: Jan-29-1975
Reported in: [1975]36STC10(All)
Satish Chandra, J.1. The assessee M/s. Ram Singh & Sons Engineering Works, Khatauli, District Muzaffarnagar, carries on the business of manufacturing and sales of sugarcane machines, parts and cranes, etc. For the assessment year 1965-66 the books of account of the assessee were rejected, and the turnover was estimated at Rs. 11,30,236.32, on which sales tax of Rs. 51,307.08 was imposed. According to the assessee, a turnover of Rs. 3,72,500 was not liable to tax, because it did not represent the proceeds of any contract of sale but of works contract, which did not attract sales tax. This turnover represented two transactions of supply of cranes installed at the site of the purchaser-mills, namely, Upper Doab Sugar Mills, Ltd., Shamli, and M/s. Kamlapati Motilal Sugar Mills, Motinagar.2. The Sales Tax Officer repelled this contention of the assessee. He held that the substance of the contract was sale of ready-made cranes. The price that the purchaser paid was for the crane, though in f...
Shob Nath Vs. State
Court: Allahabad
Decided on: Jan-29-1975
Reported in: 1975CriLJ1122
ORDERP.N. Bakshi, J.1. Shob Nath was Post Master at the Branch Post Office Koerauna. On 6-4-1970, Bramha Deo Dubey Manager of Kalika Higher Secondary School Kalika Nagar gave Rs. 2540/- to the accused for opening a new Savings Bank Account under the head 'Karamchari Nirikchit Betan', the accused who was the Post Master received the money and issued a preliminary receipt No. 12 in token of the initial deposit of Rs. 2,540/- having been received from Bramha Deo Dubey. The accused, however, did not deposit the money in the Government account as per direction of Bramha Deo Dubey and instead he mis-appropriated the said money.2. The accused admitted that he was a Post Master at the Branch Post Office Koerauna, but he denied having received the money or having issued any receipt in token thereof.3. On a consideration of the statements of the witnesses produced on behalf of the prosecution the Magistrate First Class Gyanpur was of the opinion that a prima facie case under Section 409 Indian P...
Group Industries Private Ltd. and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Jan-28-1975
Reported in: AIR1975All434
ORDERYashoda Nandan, J.1. These are eleven connected writ petitions under Article 226 of the Constitution challenging primarily the constitutional validity of the Uttar Pradesh Ceiling on Property (Temporary Restrictions on Transfer) Act, 1972 (U.P. Act 36 of 1972)-- hereinafter referred to as the Act.2. The petitioners in Civil Misc. Writ No. 1236 of 1974 are M/s. Group Industries Private Ltd. which is a private limited company manufacturing cycle parts and its Managing Director. The petitioners allege that because of coercive tax recovery proceeding against the Company, they decided in February 1972 to dispose of their surplus land not in immediate use of the industry. The Company had certain other liabilities and it therefore sold its surplus land and paid up most of its income-tax and sales tax dues. In order to meet its other liabilities, it was negotiating with parties for sale of remaining surplus land not immediately needed by the company. While the negotiations were going- on,...
Gulab Singh and anr. Vs. the Principal, Sri Ramji Das
Court: Allahabad
Decided on: Jan-24-1975
Reported in: AIR1975All366
Asthana, C.J. 1. It is unfortunate though this petition was presented in thisCourt as early as 1-5-1973 notice against the respondent No. 4 could not be issued till 9-8-1974. The alleged incident of contempt is said to have taken place on 23-4-1973. For some reasons which need not be mentioned here the notice could not be issued against the respondent by this Court till 9-8-1974. Dr. R. Dwivedi on behalf of the respondent raised an objection that the proceedings against the respondent are without jurisdiction inasmuch as this Court had no jurisdiction or power to initiate proceedings against the respondent after the expiry of one year from the date on which the contempt is alleged to have been committed. Reference was made to Section 20 of the Contempt of Courts Act, 1971. Dr. Dwivedi brought to our notice a decision of the Supreme Court in the case of Baradakanta Mishra v. Mr. Justice Gatikrushna Misra, C. J. of the Orissa High Court AIR 1974 SC 2255. In this case the Supreme Court on...
Thakur Radha Krishnaji Maharaj and ors. Vs. Ram Prasad Pandey and ors.
Court: Allahabad
Decided on: Jan-22-1975
Reported in: AIR1975All268
Jagamohan Lal, J. 1. This judgment shall govern Second Appeals Nos. 199 and 212 of 1968. Both these second appeals arise out of the same suit filed on behalf of Sri Tbakur Radha Krishnaji Maharaj Birajman Mandir Waqey House Murtaza Nagar, District Unnao through a next friend named Raja Ram in the court of Civil Judge Unnao. The allegations contained in the plaint were that a temple was constructed by Sewak Ram Pandey who also dedicated some property to this temple under a waqf deed dated 30th July, 1906. He appointed himself as the first Muta-walli and laid down a scheme of management and appointment of subsequent Mutawallis and managers. Sewak Ram died in 1918 and after his death his eldest son Raja Ram became the Manager and Mutawalli of this waqf. Raja Ram also died on 26-7-1965. According to the plaintiff, Raja Ram had under his will appointed Ram Gopal defendant No. 1 as a Mulwalli after his death. Subsequently his appointment was also confirmed by a Supervisory Committee known as...
Babu Fazal Haq and ors. Vs. Lala Data Ram and anr.
Court: Allahabad
Decided on: Jan-22-1975
Reported in: AIR1975All373
M.N. Shukla, J. 1. This second appeal came to us on a reference made by a learned single Judge in view of the importance and the difficulty of the question involved therein.'2. The main point which arises for consideration in this appeal is whether the defendant-respondents were the lessees of the plaintiff-appellant or only his licensees. In order to appreciate the point certain facts need be stated.3. The appellant filed a suit giving rise to this appeal for possession after demolition of the constructions over the land in dispute and for the recovery of Rs. 900/- by way of past damages for use and occupation for the period from 1-6-1944 to 30-6-1947 and also for the recovery of pendente lite and future damages at the rate of Rupees 25/- per month.4. The plaint allegations were that the plaintiff was the owner of a big plot of land, that in June 1944 the eastern portion of thisland was taken by the defendants on payment of Rs. 25/- per month with a definite promise that the defendant...
Smt. Ram Mani Devi Vs. Rent Control and Eviction Officer and ors.
Court: Allahabad
Decided on: Jan-22-1975
Reported in: AIR1976All517
T.S. Misra, J.1. The following question wag referred by our learned brother C. S. P. Singh, J., to a larger Bench:'Whether a vacancy occurs under the provisions of U. P. (Temporary) Control of Rent and Eviction Act 1947 in case a tenant sub-let a portion of his accommodation ?'2. When the matter was placed before a Full Bench consisting of three Judges it appeared that the question involved a reconsideration of a Full Bench decision of this Court in Mohd. Ishaq v. State of U. P. : AIR1966All280 and also of some observations made by another Full Bench in R.K. Singh v. State of U. P., (1970 All LJ 592). Since those Full Benches were constituted by three learned Judges it was felt that the aforesaid question should be referred to a larger Bench constituted by at least five Judges. That is how the said question has now come up before this Full Bench.3. The question referred to us is in an abstract form, hence before seeking an answer to the same it would be appropriate and useful in the fi...
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