Allahabad Court October 1977 Judgments
The Town Area Committee Vs. Rajendra Kumar and anr.
Court: Allahabad
Decided on: Oct-31-1977
Reported in: AIR1978All103
K.N. Seth, J. 1. The Town Area Committee, Moth, filed a suit against the respondents for recovery of Rs. 23,677.50 which comprised of the balance of the contract money and interest thereon at six per cent. The case set up by the plaintiff was that since long the Town Area has been auctioning the right to realise weighing dues; that for the year 1962-63 the right to realise weighing dues in the Town Area was auctioned on 18-3-1962 in favour of the defendants who made the highest bid of Rs. 42,000/- the bid was accepted by the Town Area and was approved by the Collector, Jhansi; that the defendants started realising the weighing dues but did not execute any formal agreement; that they paid Rs. 21,500/- towards the contract; that the plaintiff had no obligation to help defendants in realisation of the dues but still it extended help and assistance from time to time; and that in spite of repeated demands the defendants failed to pay the balance due and hence the suit. 2. The defendants ple...
Tag this Judgment!Laxmi and ors. Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Oct-31-1977
Reported in: 1978CriLJ51
ORDERH.N. Kapoor, J.1. This revision has been filed by Laxmi and 5 others against the order dated 13-4-1977 granting bail to them in a case Under Section 307 I.P.C. and various other sections. A condition has been imposed that they would not go to the area of the Parsu village without the permission of the Court, It was argued that no reason has been given for imposing this condition and that the order is in-proper as in the cross case no such condition has been imposed while granting bail to the persons of other party although gun was used by the other party, while only lathis were said to have been used by the party of the applicants. It was further pointed out that subsequently Thakur Das and Har Narain have been granted bail by this Court although their bail had been rejected by the learned Sessions Judge. Much stress was laid on the fact that no such condition has been imposed by the High Court while granting bail to Thakur Das and Har Narain. This is certainly an additional circu...
Tag this Judgment!Raghubir Sahai Bhatnagar Vs. Bhakt Sajjan
Court: Allahabad
Decided on: Oct-28-1977
Reported in: AIR1978All139
K.N. Singh, J.1. This revision is directed against the order of the First Additional District Judge, Allahabad dismissing applicant's revision filed under Section 25 of the Small Cause Courts Act. The revision came up for hearing before a learned Single Judge of this Court. He was of the opinion that since the question involved in the case was important one, which very frequently arises in the courts below, an authoritative decision was necessary to be given by a larger Bench. At the instance of the reference made by the learned Single Judge, the revision has come up before us for hearing.2. Briefly, the facts giving rise to this revision are that the applicant was a tenant of a house situated in Allahabad of which the opposite party is the landlord. The opposite party filed a suit against the applicant for recovery of arrears of rent and his ejectment before the Court of Judge, Small Causes at Allahabad. On the date of hearing fixed by the court, the applicant-defendant was absent; th...
Tag this Judgment!Dakhini Prasad Srivastava Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Oct-28-1977
Reported in: 1978CriLJ204
ORDERH.N. Kapoor, J.1. This revision is directed against the order and judgment dated 19-9-1977 of Additional Sessions Judge, Allahabad in Criminal Appeal No. 94 of 1977, setting aside the order of the Additional Chief Judicial Magistrate dated 19-5-1977, by which he had ordered that Ambassador Motor Car No. UTB 9376 would be released in favour of Dakhini Prasad Srivastava, on his executing a bond for Rs. 10,000.00 with condition to produce the car if and when required by the authorities.2. The facts giving rise to this revision are as follows :-On 16-9-1976 at 11.40 P. M. Sub-In-spepctor Sri Chandra Shekhar Sharma along with Constable Pashupat Nath while patrolling on Zero Road found an Ambassador Car No. UTB 9376 lying in the lane infront of the roadways bus stand without any care and owner. He considered the car to be an abandoned one and seized it and brought it to the Police Station Kotwali and made an entry in the G. D. report No. 79. On 17-9-1976 the present petitioner, Dakhini ...
Tag this Judgment!Chhedilal Vs. Smt. Kamla and anr.
Court: Allahabad
Decided on: Oct-24-1977
Reported in: 1978CriLJ50
ORDERB.N. Katju, J.1. This is an application Under Section 482 Cr.PC2. Smt. Kamla opposite party no. 1 filed an application under S.,488 Cr'PC 1898 and S.D.M., Baheru by his order dated 22-1-1977 allowed the said application and directed the applicant to pay Rs, 200 per month as maintenance allowance to Smt. Kamla opposite party no. 1 with effect from 26-1-72. The applicant filed Criminal Revision No. 5 of 1977 against the aforesaid order of S.D.M., Baheru which was allowed in part by the Additional Sessions Judge, Banda by his order, a copy of which is attached as annexure III to the affidavit and the monthly allowance granted to Smt. Kamla opposite party No. 1 was reduced to Rs. 80 per month. The applicant thereafter filed this application Under Section 482 Cr.P.C. for quashing the order of the Additional Sessions Judge, Banda passed in Criminal Revision No. 5 of 1977.3. The first question1 that requires determination is whether this application is maintainable. The applicant had fil...
Tag this Judgment!Behari Lal Paleria Vs. the State
Court: Allahabad
Decided on: Oct-24-1977
Reported in: 1978CriLJ247
ORDERH.N. Kapoor, J.1. This is a revision against the order and judgment dated 6-9-1973 in Criminal Appeal No. 496 of 1972, affirming the conviction and sentence of the applicant Under Section 3 of the Railway Property (Unlawful Possession) Act.2. The prosecution case is that the applicant was Assistant Sub-Inspector in the Railway Protection Force and was [posted at Agra. On 17-5-1969. Sub-Inspector C. N. Mehrotra of Railway Protection Force at Agra Cantt. received information through an informer that many utensils and brasswares had been stolen away from the transhipment shed of Agra Cantt, in the night between May 14 and 15, 1969 and utensils were still in the Railway quarter occupied and resided by Behari Lai. He along with others first went to the police station and took a Head Constable with him. He also picked up Illahbadi and Babu Khan as witnesses. When they were near the quarter of the applicant they saw Nauhat Lai (who was co-accused) coming from the house of Behari Lai with...
Tag this Judgment!Gopi Nath and Sons Vs. the Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Oct-14-1977
Reported in: AIR1978All79
K.N. Seth, J. 1. A wagon of coal weighing 20 tonnes was booked from Kusanda. The Railway receipt was in favour of Bengal Coal Depot Holders Association, Meerut, and it was endorsed in favour of the plaintiff. The plaintiffalleged that when its Manager and Karta Radhey Shiam went to take delivery of the coal he found the side doors of the wagon open and that about one-fourth of the coal was missing. He demanded delivery of the consignment after weighment which was refused by the Railway authorities. The plaintiff asserted that as there was shortage of coal, which was a controlled commodity, it was justified and entitled to demand delivery after weighment whereas the railway authorities insisted on delivery of the consignment only against a clear receipt to which the plain-tiff did not agree. It was further asserted that the Railway was negligent and had committed misconduct in transporting the wagon which resulted in loss of a part of the consignment. The plaintiff claimed a decree for ...
Tag this Judgment!Arshad Ali Khan Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Oct-13-1977
Reported in: AIR1978All59
B.N. Sapru, J. 1. These five second appeals are connected and can be decided together. The plaintiff is the State of Uttar Pradesh, Its case was that it was the owner of the disputed land which forms part of the Right Bhakra Canal. It leased out land to the defendants on various dates. According to its case, it leased out two plots of land to Arshad All on 25-9-1951 for three years. It further leased out a plot of land to Jaswant Singh defendant for three years on 10-7-1962. There was a lease executed in favour of Munshi Lal by the State on 10-7-1952 for three years and another lease executed in favour of Imtiaz Husain for a period of three years on 10-2-1952. In the case of Ram Prasad it is said that the plaintiff State leased out a plot to him on 10-7-1952 for a period of three years. The plaintiff's case was that the defendants other than Ram Prasad had encroached on land adjacent to the plots leased out to them as shown in the site plan attached to the plaint. It is further the cas...
Tag this Judgment!Commissioner of Income-tax Vs. Oriental Emporium.
Court: Allahabad
Decided on: Oct-13-1977
Reported in: (1977)6CTR(All)279
H. N. Seth, J. - By this application under S. 256(2) of the Income-tax Act, 1961 the Commissioner of Income-tax prays that the Income-tax Appellate Tribunal should be asked to state the case in respect of the following two questions :(1) Whether on the facts and in the circumstance of the case the assessee has discharged the onus of proving the alleged payments of commission to guides etc. ?(2) Whether on the facts and in the circumstances of the case the Tribunal was correct in confirming the order of the A.A.C.s cancelling penalties of Rs. 6094/- and Rs. 500/- imposed under S. 271(1)(c) for the assessment years 1970-71 and 1971-72 respectively ?2. The Income-tax Officer had during assessment proceedings disallowed the claim of the assessee which was to the effect that he had paid certain sum as commission to guides etc. Consequently, he imposed the penalty of Rs. 6094/ and Rs. 500/- respectively in respect of the two assessment years in question. However, in appeal the Appellate Assi...
Tag this Judgment!Ramjidas and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-12-1977
Reported in: AIR1977All544
K.C. Agrawal, J. 1. By this petition under Article 226 of the Constitution the petitioners have challenged the validity of the notifications issued under Sections 4(1) and 6 of the Land Acquisition Act (briefly stated as the Act), dated 30th October, 1975, and 29th October, 1975, respectively. The petitioners claim themselves to be the bhumidhars of the land in dispute situate in village Kukuda, district Muzaffarnagar. A notification under Section 4 of the Act dated 14th March, 1975, was published by the State Government notifying a number of plots which were likely to be required for public purpose, namely, for the construction of market yard for Krishi Utpadan Mandi Samiti, Muzaffarnagar (hereinafter referred to as the Mandi Samiti). The petitioners filed a writ petition in this court on 10th July, 1975, challenging the validity of the said notification issued under Section 4 of the Act. The petition was admitted, and the respondents were restrained from dispossessing the petitioners...
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