Allahabad Court April 1975 Judgments
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Sharma and Co. and ors. Vs. the State of U.P. and anr.
Court: Allahabad
Decided on: Apr-16-1975
Reported in: AIR1975All386
ORDERYashoda Nandan, J. 1. This is a petition by 72 brick-kiln owners of Kanpur praying for a writ, order or direction in the nature of certiorari to quash the notification dated 31st August. 1970 (published in the U. P. Gazette dated 12th September, 1970) issued by the State Government purporting to be in pursuance of the provisions of sub-rule (41 of Rule 1 of Uttar Pradesh Minor Minerals (Concession) Rules. 1963 --hereinafter referred to as the Rules -- by means of which the said Rules, with effect from the date of the publication of the notification in the gazette, were made applicable to 'brick-earth' found anywhere in the State. The further prayer is for the issue of a writ, order or direction in the nature of mandamus directing the respondents not to implement the aforesaidnotification dated 31st August. 1970. Apart from making some prayers of a general character, the petitioners also pray for issue of a writ, order or direction in the nature of mandamus directing the respondent...
Ram Autar Vs. Savitri Devi
Court: Allahabad
Decided on: Apr-16-1975
Reported in: AIR1976All515
S.K. Kaul, J.1. This is a defendant's appeal and it arises out of a suit brought by the plaintiff-respondent for possession by ejectment of the defendant from eight quarters situated in Aliganj, Ward Hassan-ganj, boundaries of which were given in para. 1 of the plaint together with Rupees 720/- as arrears of rent as well as for damages for use and occupation at the rate of Rs. 20/- per month, on which the plaintiff was prepared to pay additional court-fees. The sum and substance of the plaint was that initially defendant-appellant owned the property in question. He had, however, sold the same to the plaintiff on the basis of a registered sale-deed dated 28th May, 1962. He had, however, taken a Theka of the aforesaid property from the plaintiff on a rent of Rs. 20/- per mensem and one of the terms oE the Theka was that if rent for more than 6 months remained unpaid, the plaintiff would have a right to terminate the Theka and take back possession. The defendant had not paid rent from 23r...
Badri Vishal Tandon Vs. Assistant Controller of Estate Duty and ors.
Court: Allahabad
Decided on: Apr-15-1975
Reported in: [1976]103ITR468(All)
K.C. Agrawal, J.1. This is a writ petition under Article 226 of the Constitution challenging the assessment order dated January 29, 1972, and those given in the appeals by the Zonal Controller of Estate Duty and that of the Income-tax Appellate Tribunal dated March 14, 1972, and September 13, 1972, respectively. The relevant facts are as under :One Lala Ram Mohan Das, who owned considerable properties, died on June 27, 1967. Badri Vishal Tandon, his son, filed statement of account on January 25, 1968. Apart from self-acquired individual properties, the deceased held certain ancestral properties in the capacity of karta of the joint Hindu undivided family. The Estate Duty Officer, acting under Section 34(1)(c) of the Estate Duty Act, clubbed the value of the interest of the deceased in the joint family with that of the other coparceners and determined the rate of the estate duty payable on the property passing on his death. Feeling aggrieved, the petitioner filed an appeal before the Zo...
Additional Commissioner of Income-tax Vs. U.P. Co-operative Cane Union
Court: Allahabad
Decided on: Apr-10-1975
Reported in: [1978]114ITR70(All)
Gulati, J.1. The assessee is a co-operative society registered under the Co-operative Societies Act, 1912. It derives income from interest on securities, interest on deposits and income from business of running a printing press and business of purchase and sale of kolhus to its members. For the assessment year 1964-65 the Income-tax Officer computed the net income from printing press at Rs. 16,779 and from sale of kolhus at Rs. 14,926. On appeal the income from printing press was reduced to Rs. 14,381 but the assessee's plea that it was exempt from tax under Section 81(i)(a) of the Income-tax Act, 1961, was not accepted. On second appeal the Income-tax Appellate Tribunal accepted the assessee's claim that income from printing press was exempt under Section 81(i)(a) of the Act. The Tribunal further held that in any case the income being less than Rs. 15,000 was, exempt under Section 81(ii). The Commissioner of Income-tax is aggrieved and at his instance the Tribunal has made this refere...
Ganga Prasad and ors. Vs. State
Court: Allahabad
Decided on: Apr-07-1975
Reported in: 1975CriLJ1565
ORDERH.N. Kapoor, J.1. This is an application under Section 482, Cr. P. C. for quashing the proceedings in Cr. Case No. 610-A of 1974 State v. Ganga Pd. and others pending in the court of Sri D.V. Sharma, First Addl. Munsif-Magistrate, Etah. In this case a first information report was lodged and investigation was made by a Sub-Inspector of Police, who submitted a final report under Section 169, Cr. P. C. The learned Magistrate, however instead of accepting the final report, passed the following order on 17-7-1974 : 'Let accused be summoned for 27-9-1974 under Sections 147, 323, 452 and 352, I.P.C.' There is no dispute on the point that the Magistrate had not taken cognizance under Section 190(1)(b) Cr. P. C. but had taken cognizance wider Section 190(1)(c) of the Code.2. Learned Counsel for the applicants has argued that it was not open under the new Cr. P.C. to take cognizance by the Magistrate under Section 190(1)(c) on the basis of police papers and final report as the word 'suspici...
Shitla Prasad Vs. M. Saidullah and ors.
Court: Allahabad
Decided on: Apr-03-1975
Reported in: AIR1975All344
H.N. Seth, J.1. This petition under Article 226 of the Constitution has come up before this Bench for reconciling the apparent conflict of judicial opinion in this Court vide Pahari Sahu v. District Magistrate, Varanasi, Civ. Misc. Writ No. 5057 of 1973, decided on 30-8-1973 (All) and State v. Om Prakash, Spl. Appeal No. 2 of 1973, decided by the Lucknow Bench of this Court on 13-2-1973 (All), in the light of the Supreme Court decision in the case S. Chandra Sekharan v. Tamil Nadu Government, AIR 1974 SC 1543.2. The petitioner Sitla Prasad claims that as a result of agreements entered into between him and the District Magistrate Pratapgarh, he was appointed as authorised retail distributor under the provisions of the U. P. Foodgrains Distribution Order and the U. F Sugar Control Order, 1966, for sale of Government Foodgrains and levy sugar. Terms of the agreement, on which he was so appointed, are contained in the form of declaration (Annexure 1 to the writ petition). It appears that s...
Surendra Kaur and ors. Vs. Singh Engineering Works (P.) Ltd.
Court: Allahabad
Decided on: Apr-03-1975
Reported in: [1977]47CompCas638(All)
Satish Chandra, J. 1. This application under Section 155 of the Companies Act, 1956, prays that the register of Messrs. Singh Engineering Works (Private) Ltd., Kanpur, be rectified by directing the company to effect transmission of 1,500 shares held by Sardar Gurcharan Singh in favour of the applicants.2. Sardar Gurcharan Singh died on 14th June, 1969. It is admitted that he held 1,500 shares in Messrs. Singh Engineering Works (Private) Ltd., Kanpur, the respondent-company. Nearly five years after his death the applicants, who are the widow and the children of the deceased, Sardar Gurcharan Singh, sent a letter dated 29th April, 1974, to the company requesting the transmission of 1,500 shares held by Sardar Gurcharan Singh in favour of the applicants.3. On 9th May, 1974, the company replied that Sardar Gurcharan Singh had left a will, under which the 1,500 shares held by him were bequeathed by him to Sardar Deva Singh Inder Singh Public Charitable Trust. Sardar Gurbux Singh, who had be...
Ranjit Singh and ors. Vs. Ram Nath Singh and ors.
Court: Allahabad
Decided on: Apr-03-1975
Reported in: AIR1976All417
T.S. Misra, J. 1. This appeal by the defendants 1 to 3 arises out of a suit for demolition of a wall and another construction raised by them on a piece of land commonly called Galiyara. The alleged constructions were made in such a way as to block the door of the plaintiffs fixed in their northern boundary wall and also the flow of drain water. The wall in dispute was said to have been constructed just adjacent to the plaintiffs' boundary wall and that gave rise to the suit. The plaintiffs alleged that they had a right to egress and ingress through that door which had illegally been blocked by the defendants-appellants. They further alleged that they had a right to flow their drain water over the land in dispute on which the construction in dispute had been raised. The defendants resisted the suit on a variety of grounds. They pleaded, inter alia, that they had made constructions on their own land, that the defendants had not interfered with any easementary rights claimed by the plaint...
Mohd. Yaqub Vs. Mohd. Raza
Court: Allahabad
Decided on: Apr-03-1975
Reported in: 1975CriLJ1567
ORDERP.N. Bakshi, J.1. The dispute in the present case centres round the crop on Chak No. 151 situate in village Malnapur which has already been harvested and kept in the Khalihan. It appears that while passing a preliminary order under Section 145, Cr. P. C. the Magistrate concerned attached; this crop which was lying in the Khalihan vide his order dated 21-4-1971.2. Aggrieved thereby, a revision was filed before the Sessions Judge, Allahabad who has made the present recommendation for quashing the order of the Sub-Divisional Magistrate. Handia mentioned above.3. I have heard learned Counsel for the parties and have also perused the impugned order. Admittedly, the crop which is alleged to have been sown on Chak No. 151 has been harvested earlier and has been placed in the Khalihan. The Sessions Judge was of the opinion that since the crop has already been cut and was lying in the Khalihan, therefore, the Magistrate had no jurisdiction to pass an order attaching the crop.4. The counsel...
Jang Bahadur Singh Vs. Ram Nihore Singh and ors.
Court: Allahabad
Decided on: Apr-02-1975
Reported in: AIR1975All463
T.S. Misra, J.1. This appeal by defendant No. 1 arises in the following circumstances.2. Jang Bahadur Singh, defendant No. 1 filed a suit for partition of the plots in question against Ram Nihore Singh, Santu Singh and Gram Sabha claiming that he had half share in the said property. Ram Nihore Singh was described in that suit as a major. The suit was decreed ex parte on 19-3-64. Thereafter Jang Bahadur Singh filed an application on 16-5-64 for preparation of a final decree. This decree was also prepared ex parte. Thereafter Santu Singh filed an application under Order IX. Rule 13, C.P.C. on 17-8-74 for setting aside these ex parte preliminary and final decrees. Ram. Nihore Singh also filed an application on 15-9-74 for setting aside that decree alleging that he was a minor and that service of summons had not been effected on him. It appears that those applications were decided on the basis of a compromise and ex parte decrees were maintained. Ram Nihore Singh then filed the suit which ...
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