Allahabad Court May 1976 Judgments
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Ganeshi Lal and anr. Vs. Mst. Rasool Fatima
Court: Allahabad
Decided on: May-13-1976
Reported in: AIR1977All118
M. Hamid Hussain, J.1. This is a defendants' second appeal. Plaintiff Smt. Rasool Fatima filed Civil Suit No. 132 of 1963 against Sri Ganeshi Lal and his son Bal Krishan for a mandatory injunction to close the windows which they had opened on the southern side in the upper storey of their house while renovating the house. It was asserted by the plaintiff that the opening of the windows by the defendant on the southern wall of their house was infringing the privacy of the females of the plaintiff's house who were purdanashin ladies.2. The suit was contested by the defendants on the ground that neither the plaintiff was a purdanashin lady nor was there any custom prevailing in the locality by virtue of which the plaintiff had acquired the easementary right of privacy, and that the windows in the southern wall in the defendant's house existed for over fifty years without interruption for enjoying light and air and the defendants have acquired this prescriptive right of easement. On the pl...
Firm Dewan Kirpa Ram Radha Kishan and ors. Vs. Hari Kishan Dass
Court: Allahabad
Decided on: May-11-1976
Reported in: AIR1977All22
K.B. Asthana, C.J.1. These two cross appeals arise out of a suit filed for recovery of mesne profits. They can be disposed of by a common judgment. 2. Second Appeal No. 1166 of 1961 has been filed by the defendants to the suit and the other Second Appeal No. 5343 of 1961 has been filed by the plaintiff to the suit.3. The plaintiff brought a suit in the court of the Civil Judge Saharanpur, for recovery of mesne profits. The suit for the purpose of jurisdiction and subject-matter, was valued approximately at Rs. 5,000 and odd. It was prayed that if on determination the court found a larger sum payable as mesne profits the same obdecreed on the condition of payment of requisite court-fee.4. Briefly stated the admitted facts are as follows:The defendants under a lease executed by the plaintiff took a flour mill together with appurtenance for a period of one year on yearly rent of Rs. 20,000. The lease expired on July, 1942. The defendant did not get the lease renewed, for another year as w...
Ram Saran Das Vs. Smt. Shanti Devi
Court: Allahabad
Decided on: May-11-1976
Reported in: AIR1977All175
O.P. Trivedi, J.1. This appeal arises out of a suit for ejectment, arrears of rent and damages for use and occupation which was filed by Smt. Shanti Devi against the present appellant, Ram Saran Das, who is admittedly in occupation of the disputed building as a tenant. Smt. Shanti Devi had been appointed receiver of the disputed property in another suit and filed the suit in her capacity as receiver. The trial court awarded a decree for ejectment as well as arrears of rent and damages. The defendant Ram Saran Das appealed, but the lower appellate Court affirmed the decree of the trial Court and, therefore, he comes here in second appeal.2. I have heard Sri S. C. Mathur, learned counsel for the appellant, who submitted that the receiver Smt. Shanti Devi could not maintain the suit in her own name as receiver and that the suit ought to have been filed in the name of owner of the premises. I find no force in the submission. It is not disputed that Smt. Shanti Devi as receiver had applied ...
Jagarnath and ors. Vs. Deputy Director of Consolidation, U.P. Camp at ...
Court: Allahabad
Decided on: May-11-1976
Reported in: AIR1977All176
ORDERM.N. Shukla, J.1. The petitioners nave prayed by means of this Writ Petition for a writ of certiorari to quash the orders dated 13-3-1970 and 27-7-1971 passed by the Settlement Officer, Consolidation and the Deputy Director of Consolidation respectively in the appeal and the revision preferred by the petitioners in consolidation proceedings. The only question for decision in this writ petition is:--'What is the nature of the rights acquired by a widow who enters into possession over a property of her deceased husband in which she had a life interest provided she matures her right by remaining in possession for the statutory period ?'2. The petitioners are collaterals of Deo Narain, Smt. Dulari, respondent No. 5, is the widow of Deo Narain and respondents Nos. 6, 7 and 8 namely, Tirathraj, Brahmdeo and Smt, Subhagi are the donees from her. Deo Narain died issueless in 1925 as a member of a joint Hindu family of which the petitioners or their predecessors-in-interest were members an...
Shyam Lal Vs. District Panchayat Raj Officer, Unnao and ors.
Court: Allahabad
Decided on: May-11-1976
Reported in: AIR1976All499
ORDERD.N. Jha, J.1. Shyam Lal has filed this petition under Article 226 of the Constitution praying that the proceedings of the meeting dated 20-5-1975 in which the motion of no confidence was passed be quashed along with the notice dated 8-5-1975 convening the aforesaid meeting. He has also prayed for an issue of a mandamus forbearing the opposite parties from giving effect to the proceedings which took place on 20-5-1975 in which the motion of no-confidence against the petitioner is said to have been passed.2. The petitioner was elected in May/June, 1972, as Pradhan of Gaon Sabha, Jagdishpur, Pargana Jhalotar Ajgain, Tahsil Hasanganj Distrct Unnao for a period of five years. On 23-4-1975 some members presented a motion of no-confidence before the District Panchayat Raj Officer. It is said that about 437 members of the said Gaon Sabha were signatories to this resolution. A notice of the meeting was issued on 8-5-1975 to call a meeting of the members of Gaon Sabha on 20-5-1975, in the ...
S.K. Ahuja Vs. Central Board of Direct Taxes and anr.
Court: Allahabad
Decided on: May-11-1976
Reported in: [1977]110ITR549(All)
C.S.P. Singh, J.1. The petitioner by this petition has prayed for an order to modify the order passed by the Central Board of Direct Taxes dated 22nd June, 1975, and also for a writ quashing the order of the same authority dated 15th July, 1975, by which it rejected the registration of the petitioner as a valuer for the immovable properties.2. The petitioner passed his Bachelor of Engineering degree in Electrical Engineering from the University of Rajasthan. It is averred in the writ petition that in passing this examination a candidate has also to study civil engineering and that a number of papers for Bachelor of Engineering (Civil) are common to the syllabus of the Bachelor of Engineering (Electrical). Thereafter, the petitioner passed various other post-graduate Diplomas and Courses from Universities in England, and qualified for Membership of the. Institution of Mechanical Engineers (London). He was subsequently appointed as a Chartered Engineer of various engineering institutions...
The Commissioner of Income-tax, Lucknow Vs. M/S. Ram Chand and Sons.
Court: Allahabad
Decided on: May-11-1976
Reported in: (1976)5CTR(All)240
C. S. P. Singh, J. - Income-tax Appellate Tribunal, Allahabad Bench has referred the following question of law for our opinion :-'Whether on the facts and in the circumstances of the case the Tribunal was legally correct in holding that the Appellate Asstt. Commissioner was entitled to adjudicate upon and give direction to the Income Tax Officer for excluding the interest for the period from 24.7.1956 to 22.4.1958 in view of the provisions of Section 18A (6) of the Income Tax Act, 1922 ?2. This reference relates to the assessment year 1956-57, the relevant accounting period being the year ending on 31st October 1955. In response to a notice under section 23 (2) of the Income-tax Act, 1922 (hereinafter referred to as the Act), the assessee filed a return declaring an income of Rs. 1,61,576/-. This return was filed on the 24th July, 1956. It transpires that the first assessment of the Company was completed for the assessment year 1953-54 on 28th February, 1958, and the provisional assess...
AdhIn Singh Vs. Sahab Singh and ors.
Court: Allahabad
Decided on: May-10-1976
Reported in: AIR1977All26
Agrawal, J.1. These two connected appeals under Sections 47/96 and under Order XLIII, Rule 1 (m), C.P.C. have been preferred by Adhin Singh the judgment-debtor, against the judgment of the Civil Judge, Saharanpur, dated 12-5-1975 disposing of Miscellaneous Cases Nos. 7 and 85 of 1972. Sahab Singh and others the respondents, filed a suit for the recovery of money on the basis of a simple mortgage. The suit was numbered as 51 of 1970. A preliminary decree in the said suit was passed on 15-3-1971. As the judgment-debtor did not pay the amount within the tune stipulated in the preliminary decree, an application under Order XXXIV, Rule 5 of the Code of Civil Procedure was filed by the respondents for the preparation of a final decree. This was registered as Miscellaneous Case No. 68 of 1971. During thependency of the proceedings for the preparation of final decree, the judgment-debtor appellant filed an application on January 20, 1972, for recording satisfaction of the decree on the ground ...
Om Prakash and anr. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: May-07-1976
Reported in: AIR1977All122; 1978CriLJ797
K.C. Agakwal, J. 1. This Special Appeal under Chapter VIII, Rule 5 of the Rules of the Court has been filed by the appellants against the judgment of theTaxing Judge dated January 16, 1976, by which brother A. Banerji acting as Taxing Judge, found the memorandum of appeal filed by the appellants was deficiently stamped by Rs. 13,035.2. The facts, which gave rise to this appeal, are these. Certain land belonging to the appellants was acquired by the Nagar Mahapalika, Allahabad, under the provisions of the Nagar Mahapalika Act. In the proceedings relating to determination of compensation, the appellants made a claim of a sum of Rs. 4,52,341/-towards compensation of the land. The Tribunal, appointed under the aforesaid Act. awarded a sum of Rs. 36,560-70 P. Feeling aggrieved by the award of the Tribunal, the appellants presented an appeal in this Court valuing it at Rupees 1,62,740.30 P. The Stamp Reporter calculated ad valorem court-fee under Section 8 of the Court Fees Act on the basis ...
Shri Vijayalakshmi Rice Mill Contractors Company Vs. the State of Andh ...
Court: Allahabad
Decided on: May-07-1976
Reported in: (1976)5CTR(All)0264A
Jeevan Reddy, J. - A common question arises for decision in both these tax revision cases, which, therefore, can be disposed of by a common order.2. It would be sufficient if we state the facts in T.R.C. No. 27 of 1975. The petitioner is a rice miler at Machilipatnam, dealing in paddy and rice. For the assessment year 1969-70, the assessing to the purchase of levy paddy by the petitioner net turnover of Rs. 1,33,396, pertaining to the purchase of levy paddy by the petitioner from the ryots. The said levy was payable under clause 3 of the Andhra Pradesh Paddy Procurement (Levy) Order, 1967, and the petitioner was one of those nominated by the Government to receive, store and then deliver the said paddy, according to the instruction issued from time to tome.3. The petitioner contended that the purchase of levy paddy is not liable to tax as the said purchase is made under compulsion and that, there is no element of 'freedom of contract' or any choice in the matter or an agreement and that...
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