Allahabad Court April 1975 Judgments
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New India Assurance Co. Ltd. and anr. Vs. Smt. Urmila Bahri and ors.
Court: Allahabad
Decided on: Apr-30-1975
Reported in: AIR1975All422
Hari Swarup, J. 1. This appeal has been filed against the judgment of a learned Single Judge by which he allowed the writ petition ,and quashed the order of the Motor Accidents Claims Tribunal by which the Tribunal had rejected the application of the respondents for en enhanced claim under Section 110-A of the Motor Vehicles Act. 2. One Devendra Bahri had suffered motor accident on January 9, 1970, and was injured, An application under Section 110-A was moved by him within limitation. Subsequently, he died on November 11, 1970. His heirs, who are respondents in this appeal, moved an application for substitution and amendment of the original application before the Tribunal claiming enhancement of the claim of compensation as the victim of the accident had died. They also urged that if amendments were not possible, the claim may be treated as a fresh claim. The Tribunal allowed the application for substitution but dismissed the other applications holding that the applications for fresh c...
R.L. Mitra Vs. Smt. Minoti Mazumdar and anr.
Court: Allahabad
Decided on: Apr-30-1975
Reported in: AIR1975All424
G.C. Mathur, J. 1. Respondent No. 1, Srimati Minoti Mazumdar, who is the owner of house No. 15-A, Stratchy Road, Allahabad, obtained a decree for the ejectment of one Raghubir Singh from a portion of this house. She put the decree in execution. The appellant R.L. Mitra who is the owner of house No. 15, filed two sets of objections ipurporting to be under Order XXI, Rule 97/99 and under Section 47 of the Code of Civil Procedure. These were dismissed by the executing court. Thereafter the decree-holder obtained possession by the ejectment of Raghubir Singh. Thereupon R.L. Mitra filed another objection under Order XXI, Rule 100 of the Code of Civil Procedure alleging that there had been excessive execution and that the decree-holder had obtained possession not only over a portion of house No. 15-A but also over a portion of house No. 15 of which he was the owner. It was prayed that R.L. Mitra be put back into possession over the property from which he had been dispossessed. 2. The executi...
Smt. Nawab Shahrukh Jahan Begam Vs. Saiyed Enayat HusaIn Khan and ors.
Court: Allahabad
Decided on: Apr-30-1975
Reported in: AIR1975All452
S.K. Kaul, J.1. This is a plaintiff's appeal and it arises out of a suit brought by her for declaration that she is entitled to receive her maintenance at the rate of Rs. 11.26 paise per mensem as well as for fixation of this amount. The allegations of the plaintiff were that Waqf-Alal-aulad was created by Nawab Saiyed Vilayat Husain Khan in this way that he executed a first deed of waqf on 20-4-1919 and subsequently he executed another deed on 30-1-1924. Under the terms of those deeds plaintiff's mother was granted maintenance at the rate of Rs. 10 per mensem out of the income of the property about which Waqf-Alal-aulad was created. The income of the Waqf property at that time was Rs. 100 per mensem. Plaintiff's mother died in 1953 leaving three sons and three daughters including the plaintiff. The plaintiff's share in the 'Guzara' or maintenance of her mother came toRe. 1.11 paise. Now the income of the property about which the first Waqf was created has gone up to Rs. 745 per mensem...
Ram Avadh Vs. Kedar Nath
Court: Allahabad
Decided on: Apr-29-1975
Reported in: AIR1976All283
T.S. Misra, J. 1. This appeal by the defendant arises in the following circumstances. The respondent Kedar Nath commenced an action for recovery of principal amount of Rs. 1000/- plus a further sum of Rs. 175/- as interest from the defendant-appellant with the allegation that the defendant had obtained a loan of the said sum of Rs. 1000/- agreeing to repay the same on demand and executing a pronote for the same on 20-6-1965 in favour of the mother of the respondent Smt. Rajwanta. He had also agreed to pay interest at the rate of 6 per cent per annum. The plaintiff alleged that he and his mother formed a joint Hindu family; that the mother was the Karta of that family; that the said loan was advanced out of the said joint family funds, and that Smt. Rajwanta having died the plaintiff was entitled to recover the said loan with interest. 2. The defendant contested the suit on a number of grounds. He pleaded, inter alia, that he had not borrowed any sum as alleged and that the pronote and ...
Girdhari Dass and Sons Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Apr-29-1975
Reported in: [1976]105ITR339(All)
Gulati, J.1. This is a reference under Section 256(1) of the Income-tax Act, 1961. It is a consolidated reference relating to assessment years 1964-65, 1965-66 and 1966-67. The question arising in all the three assessment years is common. 2. The assessee is a partnership firm carrying on business in crockery, glassware, etc., in a rented shop. The shop was rented in 1939 on Rs. 40 per month. On 6th June, 1963, the assessee and the landlord entered into an agreement. The assessee wanted to make some alterations and improvements in the shop. The landlord permitted him to do so and increased the rent to Rs. 150 per month with effect from 1st August, 1963. The assessee obtained the necessary permission from the Municipal Board and carried out the additions and alterations during the accounting years relevant for the assessment years under consideration. The expenditure incurred in this behalf was as under : Assessment yearExpenditureRs.1964-6510,859.001965-669,865.001966-671,000.003. The a...
State Vs. Sant Prakash and ors.
Court: Allahabad
Decided on: Apr-29-1975
Reported in: 1976CriLJ274
C.D. Parekh, J.1. State of U. P, has preferred this appeal against the judgment and order dated April 11, 1970, passed by the Additional Sessions Judge, II, Etawah, in Criminal Sessions Trial No. 164 of 1968. The respondents Sant prakash, Prem Saran Munna Lai, Shiv Ram, Shri Ram and Duryodhan were committed to the Court of Session to stand their trial for the offences under Sections 395 and 353 IPC. The trial Judge held that the prosecution failed to establish its case against the respondents and acquitted them of the charges levelled against them. The present appeal came up for hearing before a Division Bench of this Court, It was contended for the respondents before the Division Bench that the officers acting under the authority of law (Defence of India Rules and Gold Control Order) did not comply with the provisions of Sections 103 and 165 Criminal P.C. 1898; the search and seizure, therefore, conducted by these officers were vitiated and were illegal and the respondents had a right...
Krishna Lal Gulati Vs. the State
Court: Allahabad
Decided on: Apr-29-1975
Reported in: 1976CriLJ1825
D.N. Jha, J.1. This Criminal Revision has been directed against the order dated 10-3-75 passed by Sri Chaman Singh, Sessions Judge, Gonda in Sessions Trial No. 171 of 1974, State v. Krishna Lal Gulati and Ors.2. The brief facts are that on 25-3-1969 one Mulk Raj Gulati had lodged a first information report at 6-50 P.M. mentioning that his son Tinku aged about 5 or 6 years had been missing since 2 P.M. on that date. It may be mentioned that no one was named as an accused in the said case. On 26-3-1969 the body of Tinku was recovered from a well and was sent for post-mortem examination. The post-mortem was conducted by Dr. N. N. Dixit, Medical Officer, District Hospital, Gonda on 26-3-1969. The investigation was conducted by Sri Prem Narain Singh, Station Officer, Balrampur and on 18-7-1969, he submitted a report. This report was accepted on 8-7-1970 by the Judicial Officer, Balram-pur.3. The complainant Sri Mulk Raj Gulati made a complaint to the higher authorities about the investigati...
Arya Ayurvedic Trust, Machhodari Park, Varanasi and anr. Vs. Board of ...
Court: Allahabad
Decided on: Apr-25-1975
Reported in: AIR1976All17
ORDERSatish Chandra, J.1. This petition is directed against the judgment of the Board of Revenue, dismissing the suit of petitioner No. 1 as not maintainable.2. The petitioner filed a suit for declaration and ejectment under Sections 229-B/209 of the U. P. Zamindari Abolition and Land Reforms Act on the allegation that the land in dispute was the grove of the plaintiff. The defendant No. 1 used to purchase its fruits. He, in collusion with the Lekhpal, got his name wrongly recorded over the grove and was trying to interfere with the plaintiff's possession. It was prayed that the plaintiff be declared to be the bhumidhar in possession, and, in the alternative, if the defendant be found to be in possession, he should be evicted.3. In defence it was pleaded that the plaintiff was not a legal person. It was not the bhumidhar. The land in dispute was not a grove. The land was given by the zamindar to the defendant's brother. Vishwanath. end it was Viswanath who had planted the grove. As a r...
Ram Harsh Misra Vs. Sukhad Raj Singh and ors.
Court: Allahabad
Decided on: Apr-25-1975
Reported in: AIR1976All47
ORDERJagmohan Lal, J.1. This election petition has been filed by Foam Harsh Misra to challenge the election to the U. P. Legislative Assembly from Constituency No. 148 known as Mahsi Constituency District Bahraich that was held on 26-2-1974. This election was contested by the petitioner and the respondents Nos. 1 to 9. The respondent No. 1 Sukhadraj Singh having secured the largest number of votes i.e., 16486 was declared elected. The petitioner lagged behind him by 33 votes having secured 16455 valid votes.2. The election has been challenged mainly on the ground that the counting of votes was not done properly. It was alleged that the size of the counting tables was small and when ten counting agents one of each candidate and three members of the counting staff sat around it there was great overcrowding. It was not possible for the counting agents to watch the ballot papers closely and see if they were being properly sorted out and kept correctly in the trays meant for each candidate....
N.K. Agarwal Vs. Hanuman Mills Private Ltd.
Court: Allahabad
Decided on: Apr-25-1975
Reported in: [1977]47CompCas644(All)
Satish Chandra, J. 1. On 11th May, 1972, Sri N.K. Agarwal, the petitioner, filed an application under Section 155 of the Companies Act, 1956, for the rectification of the register of members of Messrs. Hanuman Mills Private Ltd., Fatehpur, by entering the name of the petitioner as a shareholder in respect of 342 shares mentioned in paragraph 2 of the petition. Soon after, on 19th May, 1972, this court passed an order of winding up of Messrs. Hanuman Mills Private Ltd., Fatehpur. Thereafter, on 15th July, 1972, the applicant moved another application praying that after the winding-up order this court has jurisdiction under Section 467 of the Companies Act to settle the list of contributories and in that regard to direct the rectification of the register of members of the company under winding up. He prayed that his earlier application moved on 11th May, 1972, be treated as one under Section 467 of the Companies Act.2. The petitioner's case is that he held a decree in Suit No. 4 of 1959 ...
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