Allahabad Court November 1977 Judgments
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Addl. Commissioner of Income Tax Vs. Smt. Laxmi Nigam.
Court: Allahabad
Decided on: Nov-09-1977
Reported in: (1978)7CTR(All)1
D. M. Chandrashekhar, C.J. - At the instance of the Revenue, the Income Tax Appellate Tribunal (hereinafter referred to as the Tribunal) had referred u/s. 256 of the Income Tax Act 1961, (hereinafter referred to as the Act), the following question of law :'Whether on the facts and in the circumstances of the case the Tribunal was right in holding that the income from half share of the house property named Kiran Kunj could not be included in the income of the assessee under S. 64 of the Income Tax Act, 1961 ?'The reference was heard by a Bench consisting of C. S. P. Singh and K. C. Agrawal, J. Since they differed from one another as to the answer to the above question, the reference was now come up before me under sub-sec. (2) of S. 259 of the Act.2. At the outset Shri Ravi Dhavan, learned counsel for the assessee, submitted that the point on which the learned Judges of the Division Bench differed, was whether or not the transfer of a half portion of the house Kiran Kunj by the assessee...
Sri S.A. Jawwad and ors. Vs. Smt. Maqsood Jahan Begum and ors.
Court: Allahabad
Decided on: Nov-08-1977
Reported in: AIR1978All73
M.N. Shukla, J. 1. This is a defendant's appeal under Order 43, R, 1, C.P.C. and is directed against the order dated 2-2-1977 passed by the III Additional District & Sessions Judge, Allahabad on an application made by the plaintiff-respondent No. 1 for removal of the appellant No, 1 from the post of Receiver to which he had been appointed by an order of the High Court.2. The facts leading to the impugned order may be briefly stated. The plaintiff-respondent No. 1 had filed Suit No. 55 of 1971 for possession and mesne profits of the property in suit, consisting of bungalow No. 29/30 Kanpur Road. It was stated in the plaint that the said property belonged to Smt. Mahmood Jahan Begum, sister of the plaintiff-respondent No. 1, that Smt. Mahmood Jahan Begum died on 29-3-1968 leaving behind the plaintiff-respondent No. 1 and defendants Nos. 3 and 4 as her heirs and they inherited the said property on the death of Smt. Mahmood Jahan Begum. It is also stated in the plaint that the defendant No...
Ram Gopal and ors. Vs. Smt. Maya Devi and ors.
Court: Allahabad
Decided on: Nov-03-1977
Reported in: AIR1978All119
M.P. Mehrotra, J.1. This second appeal arises out of a suit for partition. The plaintiff claimed 5/8th share in the house in dispute. Both the courts below have decreed her claim by a preliminary decree. Now the contesting defendants, namely, defendants Nos. 4 and 5 and their mother Smt. Ram Devi have come up in the instant appeal against the judgment and decree of the courts below. It seems that Smt Ram Devi had not contested the claim in the trial court and did not join the appellants in the lower appellate court but she has also been impleaded as the appellant No. 2 in the instant second appeal.2. In brief, the plaintiff alleged that one Pooran Mal was the original ancestor and at his death he left four sons, viz., Mohan Lal, Shiv Sahai, Heera Lal and Mangal Sen, Pooran Mal left the house in dispute and the plaintiff's allegation in the plaint is that each son had 1/4th share in the said house on the death of Pooran Mal. It is argeed between the parties that Hira Lal was the first t...
Trilok Singh Vs. Smt. Jamuna Devi and anr.
Court: Allahabad
Decided on: Nov-01-1977
Reported in: AIR1978All129
M.P. Mehrotra, J.1. This First Appeal From Order is directed against an order passed by the 1st Additional District Judge, Varanasi dismissing an application under Order IX Rule 13 C. P. C.2. The brief facts are these. A suit was filed by the plaintiff for the eviction of the defendant on the allegation that the letter's tenancy -had been determined and after such determination, he was not entitled to remain in occupation of the accommodation in his tenancy. Arrears of rent and damages for illegal use and occupation were also claimed. The suit was decreed ex parte. The defendant moved an application under Order IX Rule 13, C. P. C. for setting aside the ex parte decree. A preliminary objection was raised on behalf of the plaintiff that the said application was not maintainable in view of the fact that the suit was one of the nature of Small Causes and, therefore. Section 17 of the Provincial Small Cause Courts Act was applicable and in terms of the proviso to the said section, the defe...
Yadav Ram Vs. Laxman Singh Bisht
Court: Allahabad
Decided on: Nov-01-1977
Reported in: AIR1978All123
K.C. Agarwal, J.1. This appeal is directed against the judgment dated 13-11-1963 of the IInd Addl. Civil Judge, 'Nainital, decreeing the suit of the plaintiff for the return of Truck No. U.S.N. 1117 and for recovery of damages. The defendant was further directed to execute a deed of reconveyance in favour of the plaintiff in respect of the truck mentioned above, failing which the plaintiff was entitled to recovery of a sum of Rs. 18,000/- from the defendant as price of the truck.2. The plaintiff's case, as laid in the plaint is that he purchased Truck No. U.S.N. 1117 in March, 1959 and as he did not have any truck work to execute, the truck was standing idle. Yadav Ram the defendant approached the plaintiff for taking the truck on hire. Consequently the plaintiff gave the truck to the said defendant on June 8, 1959 on hire for a period ending December 31, 1959. The defendant agreed to pay Rs. 1000/- per month of hire. The plaintiff further alleged that in order to enable Yadav Ram to o...
Ram Surat and ors. Vs. Shitla Prasad
Court: Allahabad
Decided on: Nov-01-1977
Reported in: AIR1978All270
M.P. Mehrotra, J.1. This first appeal from order is directed against an order where by the lower appellate Court allowed a review application and set aside its own judgment and decree passed earlier in civil appeal No. 33 of 1976. In the said appeal, the defendants were the appellants and the plaintiffs were the respondents. The appeal was dismissed by the lower appellate Court. Thereafter, the defendants moved an application seeking a review of the judgment and the same, as stated above, was allowed by the lower Appellate Court. The plaintiffs, feeling aggrieved, have come up in the instant appeal and in support and opposition thereof, I have heard the learned counsel for the parties. The counsel for the defendants-respondents has raised an objection about the maintainability of the appeal. It may be stated that the lower Appellate Court allowed the review petition on the ground of error apparent on the face of the record. It is contended before me that in view of the provisions conta...
S.S. Chaudhary Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Nov-01-1977
Reported in: 1978CriLJ391
C.S.P. Singh, J.1. The petitioner is standing trial before the Sessions Judge, Dehradun, being criminal trial No. 3/74 of 1975, for offences Under Section 120-B/204/467/ 477-A/466/409 IPC and Section 5(2) Prevention of Corruption Act. During the course of. trial the prosecution examined one J. N. Khanna as P. W. 7. According to the petitioner the statement made by J. N. Khanna was self incriminatory, and had the effect of placing him in a position of an accused in the case. On his statement being recorded, an application was moved by the petitioner for postponing the trial and arraigning J. N. Khanna, P. W. as a co-accused Under Section 319 Cr.PC The Sessions Judge by his order dated 27-10-1975 dismissed the application. The petitioner has impugned this order.2. Counsel for the petitoner contended that the statement of J. N Khanna clearly established that Khanna had participated in the offence and this being so unless pardpn was granted to him Under Section 306/307 Cr.PC his evidence w...
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