Allahabad Court October 1976 Judgments
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Dullan Prasad Vs. Smt. Rajeshwari Bibi
Court: Allahabad
Decided on: Oct-14-1976
Reported in: AIR1977All151
ORDERR.B. Misra, J. 1. The present revision by the defendant is directed against the order of the 4th Additional District Judge, Allahabad, dated 5th October 1974. 2. The facts leading up to. this revision lie in a narrow compass: 3. Smt. Rajeshwari Bibi, the plaintiff opposite party, filed a suit for ejectment of Dullan, the defendant applicant, and for recovery of Rs. 713.40 p. as arrears of rent and damages along with future and pendente lite damages at the rate of Rs. 21/- per mensem from the date of the institution of the suit till the date of delivery of possession over the accommodation in question. The plaintiff also claimed costs. 4. On 10th December, 1973 the defendant was found absent despite sufficient notice. The suit, therefore, proceeded ex parte. On 11th December, 1973 ex parte evidence was recorded and, ultimately on 2nd January, 1974, an ex parte decree was passed in the following terms : 'This suit for the ejectment of the defendant from the premises in suit and for ...
Commissioner of Income-tax Vs. Raja Mohd. Mustafa Ali Khan
Court: Allahabad
Decided on: Oct-14-1976
Reported in: [1977]109ITR710(All)
C.S.P. Singh, J.1. Raja Mustafa Ali Khan was assessed in the status of an individual for the assessment year 1950-51, on a total income of Rs. 1,77,749. The original assessment was completed on January 17, 1955. Later on, it came to the notice of the department that the assessee had sold sal trees and timbers during the relevant accounting year, and accordingly proceedings under Section 34(1)(a) of the Act were initiated with the prior sanction of the Commissioner of Income-tax, U.P. This notice was served on the assessee on 30th November, 1955. In response to this notice the assessee filed a return disclosing a total income, which was equivalent to that which was originally assessed. Notices under Sections 22(4) and 23(2) of the Act calling for books of accounts were issued but the assessee did not comply on the ground that no accounts were in his possession. The Income-tax Officer, however, added an amount of Rs. 1 lakh to the total income of the assessee by order dated 15th March, 1...
ibrat HusaIn Vs. the 4th Additional District and Sessions Judge, Kanpu ...
Court: Allahabad
Decided on: Oct-13-1976
Reported in: AIR1977All72
ORDERN.D. Ojha, J. 1. Respondents 4 to 7 are tenants of a building in the City of Kanpur. They were paying rent to the petitioner. Subsequently, they made an application under Section 30 (2) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for permission to deposit the rent in Court on the assertion that a notice given by respondents 2 and 3 had been received by them whereby they were required to pay rent of the tenement under their tenancy to respondents 2 and 3 and as such a bona fide doubt or dispute had arisen as to the person who is entitled to receive rent in respect of the building in their occupation. Certain rent was also deposited by respondents 4 to 7 under the said Sub-section (2) of Section 30. Thereafter a notice wag issued to the petitioner as contemplated by Sub-section (5) of Section 30. On the receipt of the notice, it was contended on behalf of the petitioner that he was the landlord of the building in Question, that it was he who had...
The New Bank of India Ltd. Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: Oct-13-1976
Reported in: AIR1976All546
B.N. Sapru, J. 1. The petitioner, the New Bank of India Ltd., is a banking company carrying on its business in India. The respondents Nos. 3 to 6 applied to the petitioner bank for cash credits and offered 2535 acres of their bhumidhari land situate in village Meeduwala, Pargana and Tehsil Najibabad, district Bijnor as security. Apart from offering their land as security, they also offered certain movable properties as security. This was some time in the year 1969. This offer was accepted by the Bank and a mortgage of the aforesaid land was executed in favour of the bank and accordingly a cash credit account No. 127 was opened by the Bank in their favour. According to the Bank, a sum of Rs. 7,50,557.55 P. was outstanding in the aforesaid current account as on September 8, 1976 excluding interest from 1st July, 1976, Respondents Nos. 3 to 6 again requested the petitioner Bank to grant another cash credit limit of six lakhs. This offer was again accepted and a cash credit account No. 129...
Har Bilas Sharma Vs. the First Additional District Judge, Mathura and ...
Court: Allahabad
Decided on: Oct-13-1976
Reported in: AIR1976All555
ORDERN.D. Ojha, J.1. The petitioner is the tenant of an accommodation of which respondent No. 3 is the landlord. An application was made by respondent No. 3 for release of the aforesaid accommodation in his favour under Section 2l of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, on the ground that he bona fide needed it for his own use. The application was contested by the petitioner but was allowed by the Prescribed Authority. Against the order of the Prescribed Authority an appeal was filed by the petitioner. It came up for hearing before the 1st Additional District Judge Mathura and was dismissed on March 31, 1975. It is these two orders which are sought to be quashed in the present writ petition.2. It was urged by counsel for the petitioner that the order of the Additional District Judge is liable to be quashed inasmuch as he has not considered the hardship which is likely to be caused to the petitioner in the event of the application made by respo...
Chhakki Lal Vs. Iiird Additional District Judge, Mainpuri and ors.
Court: Allahabad
Decided on: Oct-11-1976
Reported in: AIR1977All8
ORDERN.D. Ojha, J.1. Subhash Chandra, respondent No. 2, is the landlord of a shop. He made an application under Section 21 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 against Ugra Sen, respondent No. 3, for release of the aforesaid shop in his favour on the allegations that the shop in question was in dilapidated condition and also that he needed it bona fide for his own use. Ugra Sen, respondent No. 3, filed a written statement. His case was that he had vacated the shop in question and had no concern with it and that it was Chhekki Lal, the petitioner, whowas the tenant of the shop. Thereafter, the respondent No. 2 got the application under Section 21 amended. The plea introduced by the amendment application was that Ugra Sen had illegally sub-let the shop in question to Chhakki Lal the petitioner. A relief was also claimed for ejectment of the petitioner along with Ugra Sen the respondent No. 3. The petitioner asserted that he was himself the ten...
Ashok Kumar Sinha Vs. Lucknow University, Lucknow
Court: Allahabad
Decided on: Oct-11-1976
Reported in: AIR1977All132
Trivedi, J.1. This is a petition under Article 226 of the Constitution of India filed by Ashok Kumar Sinha who was admitted as a student in B. Sc. Part I at Lucknow Christian College, Lucknow and in accordance with the rules and regulations appeared at the annual examination of B. Sc. Part I conducted by the Lucknow University, opposite party No 1 with Roll No. 570 for the year 1975-76. Lucknow Christian College was one of the centres for conducting annual examination of the opposite party No. 1, Lucknow University, and the petitioner had appeared at the said examination from the aforesaid centre. On 22-4-1976 the petitioner appeared for Paper No. 2 Inorganic Chemistry and when he was busy in answering the question paper, he was challenged by the checking squad which, according to the petitioner's contention, found a scale lying on the floor behind the petitioner's seat. Something was written on its back. Petitioner's statement was obtained in writing forthwith in which he took the ple...
Hari Shankar JaIn and anr. Vs. Executive Engineer, Rural Electrificati ...
Court: Allahabad
Decided on: Oct-11-1976
Reported in: (1977)IILLJ429All
N.D. Ojha, J.1. Against the judgment of a learned single Judge of this Court dismissing their writ petition the two appellants preferred the present special appeal. After hearing counsel for the patties a Division Bench on January 6, 1971, referred the following three questions for opinion to a larger Bench:1. Whether the Industrial Employment (Standing Orders) Act, 1945, applies to the industrial establishments of the State Electricity Board?2. Whether the standing orders framed for an industrial establishment of an electrical undertaking cases to be operative on the purchase of the undertaking by the Board or on the framing of regulations under Section 79(e) of the Electricity (Supply) Act 1948?3. Whether Section 13B of the Industrial Employment (Standing Orders) Act, 1946, applies only to industrial establishments of the Government and also to other industrial establishments?In pursuance of the aforesaid order the case has been referred to us to answer these three questions. Before ...
Swarn Anand and ors. Vs. Chief Judicial Magistrate and anr.
Court: Allahabad
Decided on: Oct-11-1976
Reported in: 1977CriLJ355
ORDERJ.P. Chaturvedi, J.1. This is an application under Section 482, Cr.P.C. for quashing the order of the learned Chief Judicial Magistrate, Gorakhpur, dated 7th April, 1976 summoning the petitioners Smt. Swaran Anand, Jogendra Lal Anand, Shyam Lal Anand, Makkhan and Nanak for the offences under Sections 426, 447, and 382, I.P.C. read with Section 120-B, 1P.C. and to appear before him on 27th April, 1976.2. The facts giving rise to the application are that a complaint was made by Ram Chandra Sharma against Smt. Swaran Anand, Jogendra Lal Anand, Shyam Lal Anand, Makkhan and Nanak in the court of the Chief Judicial Magistrate, Gorakhpur of the offences under Sections 109, 120-B, 426, 447 and 382, I.P.C. alleging that the complaint Ram Chandra Sharma had a shop which he let out to Amar Nath Anand, husband of Smt. Swaran Anand applicant No. 1 in 1961. Amar Nath Anand and Mohammad Hanif had a partnership firm known as Perfect Engineering Works, In the said shop Mohammad Hanif had invested ...
Niren Kumar Das Vs. the District Judge, Pilibhit and ors.
Court: Allahabad
Decided on: Oct-10-1976
Reported in: AIR1977All47
ORDERN.D. Ojha, J.1. Respondent No. 4 Jamil Ahmad is the Landlord of an accommodation of which respondents 5 and 6 were the tenants. Respondent No. 4 filed a suit for ejectment of respondents 5 and 6. The suit was decreed. Before, however, even an application for execution of the decree was made by respondent No. 4 an application was made by respondent No. 5 before the Rent Control & Eviction Officer intimating him that he was going to vacate the accommodation aforesaid-It appears that another application was made by the petitioner for allotment of the said accommodation. An order of allotment was passed by the Rent Control & Eviction Officer in favour of the petitioner on December 21. 1971. Coming to know of the order of allotment respondent No. 4 made an application before the Rent Control & Eviction Officer on January 4, 1972, for setting aside that order. As is apparent from the order of the Rent Control & Eviction Officer dated August 25, 1972, a copy of which has been filed as An...
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