Allahabad Court November 1975 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.
Chet Ram Vs. State
Court: Allahabad
Decided on: Nov-13-1975
Reported in: 1976CriLJ585
ORDERH.N. Kapoor, J.1. Chetram has been convicted under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 and sentenced to one year's R. I. The order was confirmed in Criminal Appeal No. 476 of 1971 by the 1st Addl. Sessions Judge, Bareilly by his order dated 21-4-1972.2. The prosecution case is that on 29-7-1969 Goods Train No. M. 4 DN., during its run, halted near West Cabin of railway station Rosa at about 8:45 p. m, Tribhuwan Datt Tiwari (P.W. 1) and Ram Surat Singh (P.W. 3) both Rakshaks of the R. P. F. started patrolling the train respectively on its northern and southern sides. Rakshak Tribhuwan Datt Tiwari noticed that three persons were busy in removing a mustard bag from Wagon No. NR 28170. He raised an alarm where upon Ram Surat Singh, another Rakshak Girdhari Lai (P.W. 4) and a civil police constable Shah Alam (P.W. 5) arrived it the spot. They, all saw the three persons removing the bag. On seeing them, they left the bag on the northern side of the railway ...
Shri Ram Saran Vs. C.i.T. Lucknow.
Court: Allahabad
Decided on: Nov-12-1975
Reported in: (1976)5CTR(All)0016A
C. S. P. Singh, J. - The Income-tax Appellate Tribunal, Allahabad Bench, Allahabad has in compliance with the order dated 13-9-1972 passed by this Court, referred the following question for our opinion :-'Whether on the facts and circumstances of the case, the Tribunal is right in holding that the initial capital as on 1-1-1966 should be Rs. 66,858/- and not Rs. 46,645/-after adjusting the amount of Rs. 14,227/- being the liability of the appellant for the payment of coal ?'2. The assessment year in question is 1966-67, for which the accounting period ended on 13-3-1966. The assessee who is assessed in the status of Hindu Undivided Family runs a brick kiln. It appears that regular books of account were not maintained till 31-12-1965. On 1-1-1966, the account book showed a capital of Rs. 60,858/63. The Income-tax Officer after a consideration of the returned income of the assessee for the period 1957-58 to 1965-66 and the income assessed, came to the conclusion that out of the amount of...
Tulsiram Raghuram and ors. Vs. Krishi Utpadan Mandi Samiti, Atarra and ...
Court: Allahabad
Decided on: Nov-12-1975
Reported in: (1976)5CTR(All)121
K. N. Seth, J. - The appellants filed a petition under Article 226 of the Constitution challenging the levy and collection of market fee by the Krishi Utpadan Mandi Samiti on the sale of rice. The petitioners are residents of Atarra and hold licences from the Krishi Utpadan Mandi Samiti, Atarra, for carrying on the business of sale and purchase of agricultural produce within the market area of the Mandi Samiti. They purchase paddy and rice which are specified agricultural produce from the producers. The paddy is de-husked and converted into rice and then sold to the customers. At the time of sale by the producers of both paddy and rice market fee is paid in accordance with the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam (hereinafter referred to as the Act) and the rules framed there under. The case set up by the petitioners was that paddy and rice are the same agricultural produce and once market fee has been paid on the sale of paddy, it cannot again be levied when the same paddy aft...
Prabodh Kumar and ors. Vs. the State Transport Authority
Court: Allahabad
Decided on: Nov-11-1975
Reported in: AIR1976All214
ORDERR.L. Gulati, J. 1. The petitioners have applied for grant of Taxi cab permits in respect of station wagons. The applications were made on 14th August, 1975, but those applications have not yet been disposed of. The petitioners have stated that the permits are being withheld because of administrative orders issued by the State Transport Authority prohibiting the grant of taxi cab permits in respect of station wagons. This order is dated 22/23rd March, 1974. The petitioners have challenged this order and have prayed for a writ of mandamus commanding the respondents to consider and dispose of the applications of the petitioners for taxi cab station wagon permits and to issue the same to them.2. No counter-affidavit has been filed to controvert the averments contained in the writ petition. The learned Standing Counsel has sought to justify the impugned order with reference to Section 44 (4) of the Motor Vehicles Act, which provides that for the purposes of exercising and discharging t...
U.P. Hardware Store Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Nov-11-1975
Reported in: [1976]104ITR664(All)
R.L. Gulati, J.1. This is a reference under Section 256(1) of the Income-tax Act, 1961.2. The assessee is a registered firm carrying on the business of iron and hardware. The proceedings relate to the assessment year 1970-71. During the course of examination of the books of accounts of the assessee, the Income-tax Officer discovered that the assessee had made payments in cash exceeding the sum of Rs. 2,500 for some of the purchases. The total of such payments came to Rs. 55,471. Being of the view that under Section 40A(3) read with Rule 6DD of the Income-tax Rules, 1962, such payments could not be allowed as deduction, the Income-tax Officer required the assessee to show cause why the payments amounting to Rs. 55,471 be not disallowed. After considering the explanation filed by the assessee, the Income-tax Officer came to the conclusion that the conditions laid down in Rule 6DD were not satisfied and he accordingly disallowed the sum of Rs. 55,471 claimed as deduction and added it to t...
Smt. Savitri Devi Vs. Jagdish Narain
Court: Allahabad
Decided on: Nov-11-1975
Reported in: 1976CriLJ513
ORDERH.N. Kapoor, J.1. This reference has been made by the First Temporary Civil and Sessions Judge Etawah by his order dated 31-1-1974 in Cr. Revision No. 131 of 1973 with the recommendation that the order of the Magistrate dated 10-12-1973 rejecting the application of the revisionist for main enance under Section 488 (1), Cr.P.C. be set aside, The learned Magistrate had dismissed the petition under Section 488, Cr.P.C. on the ground that the petitioner had refused to live with her husband even when she was asked by the court whether she was still willing to go and live with him. Another ground for the dismissal of the petition was that the (petitioner was admittedly given .75 acre of land by her father-in-law in her name and she suppressed this fact and wrongly stated in her petition that she had no means to maintain herself. The learned Sessions Judge has considered the material on record. The learned Magistrate had ignored the allegations of the petitioner that this land was under ...
Smt. Ramwati Vs. Udai Singh
Court: Allahabad
Decided on: Nov-11-1975
Reported in: 1976CriLJ500
ORDERH.N. Kapoor, J.1. This reference has been made by the Additional District and Sessions Judge, Bulandshahr by his order dated July 17. 1974. in Criminal Revision No. 8 of 1974 with the recommendation that the order passed by the Magistrate dated 9-1-1974 dismissing the application under Section 488. Criminal Procedure Code of the revisionist be set aside.2. The facts of the case are that the revisionist Smt. Ramwati had originally applied for maintenance in the year 1969 and that application was decided on the basis of a compromise when the opposite party Udai Singh agreed to supply food grain etc for her maintenance. He also agreed to make arrangements for her residence and said supply one she-buffalo and gave her one bigha of land also. It appears that an order was passed under Section 488, Criminal P.C. on the basis of the compromise arrived at. On 14-2-1972 Smt. Ramwati moved an application under Section 488(3). Criminal P.C. claiming arrears for one year although she had not b...
T.S. Bajpai Vs. K.K. Ganguly and ors.
Court: Allahabad
Decided on: Nov-11-1975
Reported in: 1976CriLJ514
ORDERB.N. Katju, J.1. This is an application under Section 482, Cr.P.C. 1973.2. According to the facts stated in the application, a charge sheet was filed against the applicant by the Sub-Inspector, Special Police Establishment, Lucknow under Section 409, I.P.C. in the court of the Sipecial Magistrate, Anti-Corruption, Lucknow on 28-6-1973. The trial of the applicant was pending when the Code of Criminal Procedure, 1973 came into force on 1-4-1974. The Code of Criminal Procedure, 1973 repealed the Code of Criminal Procedure, 1898 and there is no provision in it corresponding to Section 14 of the Code of Criminal Procedure, 1898. It is mentioned in Section 484(2)(b) of the Code of Criminal Procedure, 1973 that all notifications - published, proclamations issued, powers conferred, forms prescribed, local jurisdiction defined, sentences passed and orders rules and appointments, not being appointments as Special Magistrates, made under the old Code and which are in force immediately before...
Lutai Vs. State
Court: Allahabad
Decided on: Nov-11-1975
Reported in: 1976CriLJ869
JUDGEMENTS.K. Kaul, J.1. This is an appeal from jail by Lugar against his conviction and sentence to undergo 6 years' R. I. under Section 304, I, P.C. According to the prosecution case the deceased and the accused are real brothers. In consolidation operations the land belonging to these brothers was cartitioned in this way that northern portion was given to the accused, while southern portion was given to the deceased. The deceased had started residing at his father-in-law's place in village Amriya while the ancestral land is situate in village Murchawa. It appears that the deceased did not find southern portion of any productive value and, therefore, he desired that northern portion may be given to him which was in his possession earlier to the consolidation operations. The accused, however, did not agree to this proposal. In 'Asadh' before this incident the deceased is laid to have come to this village on 26th |uly, 1972 at about 9 p.m. and soon thereafter there was an exchange of h...
Shri Mahraj NaraIn Khanna Vs. the Additional District Judge, Moradabad ...
Court: Allahabad
Decided on: Nov-10-1975
Reported in: AIR1976All173
K.C. Agarwal, J.1. This writ petition came to us on a reference made by a Division Bench at the time of its admission in view of a substantial question of law as to the interpretation of Explanation (iv) of Section 21(1) of the New Rent Control Act involved therein. The facts necessary for appreciating the question arc as follows:House No. 83/B-12 situate in Mohalla Chauraha Gali, Moradabad, belonged to a joint family consisting of the petitioner, his father Har Govind Singh and three brothers viz. Hari Shankar, Sri Shankar and Jag Mohan. A partition took place between the members of the joint family in 1968. As a result of the aforesaid partition the property shown by yellow colour in the site plan attached with the partition deed came to the share of Mahraj Narain Khanna, the petitioner. This portion comprised of shops and godowns on the ground floor as well as a residential portion on the first floor. Mesho Saran, respondent No. 3, was a tenant of a portion shown in yellow colour wh...