Allahabad Court October 1975 Judgments
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Bitthal and anr. Vs. State and anr.
Court: Allahabad
Decided on: Oct-21-1975
Reported in: 1976CriLJ735
ORDERH.N. Kapoor, J.1. This revision is directed against the order dated 11-5-1974 of ie Judicial Magistrate, Sadar, Mathura fixing a date for providing copies to the accused under Section 208, Cr. P C. and to pass orders under Section 209, Cr. p. C on that very date.2. The allegations are that the accused persons have been summoned under Section 307/34, I.P.C. on the basis of the complaint filed by Dina opposite party. The prosecution evidence had been recorded during the commitment proceedings under Chapter XVIII of Criminal Procedure Code, 1898 but the statement of the accused could not be recorded, nor could they get any opportunity to adduct evidence under Section 208, Cr P C. (old). The new Cr.P.C. of 1973 came into fore during the pendency and the complainant applied for committing the accused to the Court of Session under Section 209, Cr. P. C The learned Magistarte then passed the impugned order.3. One of the grounds taken m this revision is that Section 484(2) it discriminato...
Commissioner of Sales Tax, U.P. Vs. M/S. Nihal Shoe Factory.
Court: Allahabad
Decided on: Oct-21-1975
Reported in: (1976)5CTR(All)9
Gulati, J. - This is a reference under section 11(3) of the U.P. Sales Tax Act at the instance of the Commissioner of Sales-tax, Lucknow.2. The assessee is engaged in the business of manufacture and sale of shoes. During the assessment year 1962-63 the assessee claimed exemption from sales-tax on the turnover of Rs. 20.907/- on the ground that those sales represented sales made during the course of export of goods from India, as defined in section 5 of the Central Sales Tax Act. This claim of the assessee was rejected by the Sales Tax Officer on the ground that the turnover in question represented local sales in favour of a company called the Agra Charma Kala Kandra. On appeal the claim of the assessee was allowed and the revision of the State was dismissed by the Revising Authority. The Commissioner is aggrieved and at his instance the following question of law has been referred to us :-'Whether on the facts and the circumstances of the case sales worth Rs. 20,907/- were sales in the ...
M/S. Jaswant Sugar Mills Ltd., Meerut Vs. the Commissioner of Income-t ...
Court: Allahabad
Decided on: Oct-21-1975
Reported in: (1976)5CTR(All)45
C. S. P. Singh, J. - The petitioner is a public limited company and carries on the business of manufacturing sugar. For the assessment year 1954-55 and 1955-56, the company claimed depreciation on rollers which was valued at Rs. 3,23,000/-. Appeals were preferred against the assessment orders for these two years, but they were dismissed. The petitioners thereafter went up in appeal before the Appellate Tribunal. The appeals were dismissed on 7-12-1968 and 31-8-1968. A reference was made by the Tribunal to this Court being I.T.R. 781 of 1970 and the points referred were :-1. 'Whether on the facts and circumstances of the case and in law, the assessee company was entitled to the claim of depreciation on Rollers ?'2. 'Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the proviso to section 10(v)(a) of the Income-tax Act, 1922 applied in regards to the purchase of machinery from Seth Benarsi Das Gupta ?'In the reference, an attempt was made t...
Ram Milan and ors. Vs. Sher Bahadur and ors.
Court: Allahabad
Decided on: Oct-20-1975
Reported in: AIR1976All251
Hari Swaroop, J.1. This is a plaintiff's appeal arising out of a suit for an injunction restraining the defendants from interfering with the plaintiffs' possession over certain trees and for damages.2. Plaintiffs filed the suit on the allegation that seven trees had been purchased by the plaintiffs from one Dayal in 1906, four trees were planted by them in 1962, and fruits of the trees werewrongly appropriated by the defendants causing damage of Rs. 100/-. Defendants denied the plaintiff's ownership or possession over the trees.3. Trial Court dismissed the suit on the finding that the plaintiffs had failed to prove either their ownership or possession over the trees.4. Lower Appellate Court upheld the findings and dismissed the plaintiff's appeal against the trial court's decree dismissing the suit.5. This appeal is concluded by findings of fact. The lower appellate court has, on consideration of the evidence on record, come to the conclusion that the plaintiffs had failed to prove the...
Ghana Nand Vs. State and anr.
Court: Allahabad
Decided on: Oct-09-1975
Reported in: 1976CriLJ1217
ORDERJ.M.L. Sinha, J.1. This reference has been made by the Sessions Judge, Pilibhit, through his order dated 18th of April, 19742. The facts leading to this reference can briefly be stated as follows:There is an enclosure in muhalla Sahukara of Pilibhit wherein are situate seven temples of different deities. Inside the campus of the temples there are five kothris and one sidri along with a pucca kothri. An application was moved by Ghananand, hereafter to be called the applicant, in the court of the S. D. M. Pilibhit on 9th June, 1972, alleging that he was the pujari of the temple and was in physical possession of the entire enclosure, including the temples, the kothris and the sidri for quite a long time and that two days prior to the filing of the application Vinod Kumar and Ram Sewak, hereafter to be called O. P. Nos. 1 and 2 respectively, took forcible possession over one of the kothris and wanted to evict the applicant from the remaining part of the ahata and the temples therein, ...
Dharmendra Nath and ors. Vs. Jagdish Prakash
Court: Allahabad
Decided on: Oct-06-1975
Reported in: AIR1976All107
Gopi Nath, J.1. This is a plaintiffs' appeal arising out of a suit for ejectment and arrears of rent. The plaintiffs claimed a sum of Rs. 2924.00 on account of rent and damages in respect of the accommodation in dispute and they further prayed for the ejectment of the defendant on the ground that he had defaulted in the payment of the rent and did not pay the arrears even after the notice of demand dated 1-1-66. This notice was followed by a notice under Section 106 of the T. P. Act dated 26-2-1966. Both the notices were given by all the four plaintiffs appellants. The trial court decreed the suit in its entirety. The lower appellate Court has dismissed the claim for ejectment but decreed the recovery of arrears.2. The facts leading up to the present appeal are as follows:One Triloki Nath was the owner of the accommodation in dispute. He sold it in favour of one Mahabir Pra-sad. Mahabir Prasad by a deed of sale dated 16-6-1961 transferred the property to Smt. Prabha, Km. Veena, Km. Res...
Smt. Champa Kunwar Trust Vs. the District Judge, Rampur and ors.
Court: Allahabad
Decided on: Oct-06-1975
Reported in: AIR1976All252
ORDERK.C. Agarwal, J.1. These five connected writ petitions are directed against the judgment of the District Judge, Rampur filed by five different parties and as they can be decided by a common judgment, the are being taken up together.2. Champa Kunwar Trust is a public charitable trust created by one Srimati Champa Kunwar under a trust deed dated 1-2-1948. It owns a Dharamshala building including several shops constructed in the same premises situated in Bazar Safdarganj, Rampur. The Trust filed an application under Section 21 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, briefly stated as 'the Act', for eviction of the following tenants occupying different shops belonging to the Trust:(i) Dr. Murari Lal Gupta (ii) Chiranji Lal (iii) Bannu Lal Chatwala (iv) Jagan-nath (v) Satya Prakash and Atma Prakash (vi) Shabban Hotelwala.3. Amongst these tenants Satya Prakash and Atma Prakash were occupying the biggest shop having six doors on a rent of Rs. 75...
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