Allahabad Court December 1977 Judgments
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Ram Chandra Singh and ors. Vs. Ram Saran and ors.
Court: Allahabad
Decided on: Dec-07-1977
Reported in: AIR1978All173
J.M.L. Sinha, J.1. This second appeal arises out of the judgment and decree dated 25th Nov. 1964, passed by the Civil Judge. Deoria in Civil Appeal No. 109 of 1964.2. The facts leading to this appeal can briefly be stated as under :--Ram Chandra Singh and Ram Lakhan Singh, appellants, filed a suit for recovery of possession over the premises shown by letters A B C D in the site-plan attached to the plaint and for recovery of Rs. 628.20 as arrears of rent and damages for use and occupation. It was alleged that Jai Nanain defendant-respondent No. 1 as Karta of the defendant's family took the house in question on rent about 20 years ago. The plaintiffs-appellants having half share in the house in suit got it partitioned by means of a partition suit No. 2 of 1955 and obtained separate possession over the same. By virtue of the partition decree, the plaintiffs-appellants became entitled to recover half of the rent which they demanded from the defendants-respondents, but the latter did not p...
Mata Prasad and ors. Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Dec-07-1977
Reported in: AIR1978All303
B.N. Sapru, J. 1. This first appeal arises out of a suit instituted by the plaintiff appellants against the Union of India through the General Manager of the Central Railway, Bombay. The plaintiffs Nos. 1 to 8 carried on business in the name of a firm styled as Messrs Ganga Prasad Mata Prasad which was located at Attara. The firm deals in groceries, apices and vegetable products. Plaintiff No. 9, carried on a grocery shop a Karvi, district Banda and also dealt in vegetable products. Plaintiffs Nos. 1 to 8 through plaintiff No. 1, and plaintiff No. 9. engaged a public carrier No. UPC 4782 owned by one Smt Ram Janki Devi, to transport their goods from Allahabad to Attara and Karvi respectively by the Allahabad Chakghat route. This highway crosses the Allahabad Jabalpur Railway Line near about mile stone No. 8, roughly one mile away from the Railway Station of Iradatganj. The level crossing is numbered as 430. In the course of its journey the public carrier reached the level crossing at a...
Hola Ram and ors. Vs. General Manager, Northern Railway.
Court: Allahabad
Decided on: Dec-07-1977
Reported in: (1978)7CTR(All)135
J. M. L. Sinha, J. - This revision arises out of the orders dated 6-12-1976 and 16-12-1976 passed the Civil Judge, Allahabad in Original Suit No. 136 of 1976.2. The facts of the case, in so far as they are relevant for the disposal of this revision can briefly be stated as under :3. M/s. L. K. Ahuja & Co. was a partnership firm which came into existence through a partnership deed executed on 3rd of February, 1949. It took contracts for certain works from the Northern Railway between September 1969 a February, 1971. After the works were completed, differences cropped up between the parties. Defendant opposite parties Nos. 4 and 5 claimed that the partnership firm was reconstituted on 31st of August, 1970 so that Hola Ram, applicant No. 1, and Amrit Lal, defendant opposite party No. 6, retired from the partnership and settled their accounts. According to the said opposite parties, Hola Ram or Amrit Lal did not have any interest in the partnership thereafter and the reconstituted partners...
Nakali and anr. Vs. State
Court: Allahabad
Decided on: Dec-06-1977
Reported in: 1978CriLJ379
ORDERV.N. Varma, J.1. This revision is directed against an order dated 16-8-73 passed by Additional Sessions Judge Saharanpur confirming the conviction of the applicant Under Section 411 I.P.C., but reducing his sentence from one year R.I. to six months R.I.2. Balbir Singh P. W. 1 is a resident of village Halwana, P.S. Fateh-pur, district Saharanpur. On or about 1-4-70 Balbir Singh had gone out to meet one of his relations in village Jandhara under P.S. Deoband. While he was away, someone broke open the lock put on the door of his Gher and stole one of his bullocks tied there. He searched for his bullock for days together, but could not trace it. He, therefore, lodged a report on 15-5-70 regarding the theft of his bullock. A case Under Section 457/380 IPC was registered by the police. S.I. Indrapal Singh was entrusted with the investigation of this case. On 16-5-70 Balbir Singh informed S. I. Indrapal Singh that he had received information that his bullock was with the applicants in vi...
Premier Insurance Co. Ltd. Vs. Smt. Vidyawati and ors.
Court: Allahabad
Decided on: Dec-05-1977
Reported in: AIR1978All264
B.N. Sapru, J.1. The appellant in this appeal is M/s. Premier Insurance Co. Ltd, which is a company registered under the Companies Act.2. Sri Mano Ahmad was the owner of a motor truck No. UPC 6603 and Sri Manzoor was its driver. The vehicle was insured with the appellant.3. On 4th August, 1965 one Sri Ambresh Kumar elder son of plaintiff No. 1, namely Smt. Vidyawati and the elder brother of the remaining plaintiff was going on his cycle on the left side of the Vivekanand Marg, formerly known as Hewette Road, Allahabad. The aforesaid truck was also passing that way and came from behind and dashed against Sri Ambresh Kumar Mathur, as a result of which he was knocked down from the cycle and received serious injuries to his person. His cycle was also badly damaged. Thereafter Sri Ambresh Kumar Mathur was taken to the Medical Hospital for treatment where he died as a result of the accident on 5th August, 1965. The plaintiffs alleged that the death was due to rashness and negligent driving o...
Ramchand and Sons Sugar Mills Vs. State of U.P.
Court: Allahabad
Decided on: Dec-05-1977
Reported in: AIR1978All443
Hari Swarup, J. 1. This is a reference under the Stamp Act in a suit filed by a Company (M/s. Ram Chand and Sons Sugar Mills Private Limited). The plaintiff was required by the court per its order dated 21-7-1962 the furnishing of security as a condition for the maintenance of the injunction order. The relevant portion of the order was;'Having regard to all the facts and circumstances of the case, I am of the opinion that the plaintiff must furnish adequate security to the extent of Rs. 22.61 lacs. The plaintiff has filed registration certificate showing that the mill property is free from encumbrance. According to the plaintiff's estimate its value is in the neighbourhood of 80 lacs, while according to the defendant, its value is near about 40 lacs. The plaintiff-applicant is, therefore, required to furnish security either in cash or of the aforesaid mill property to the extent of Rs. 22.61 lacs or for any other balance found due on account of cane cess tax or purchase tax. This secur...
Nagrath Paints Private Limited Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Dec-05-1977
Reported in: 1988(33)ELT58(All)
ORDERD.M. Chandrashekhar, C.J.1. In this petition under Article 226 of the Constitution, the petitioner has prayed for issue of a writ in the nature of certiorari for quashing the order of the Collector, Central Excise, dated 2-5-1970 (Annexure 'E' to the petition) and the order of the Central Government dated 29-1-1972 (Annexure 'F' to the petition) made in revision. The petitioner has also prayed for a direction to the Central Excise authorities not to include certain products manufactured by it (the petitioner) for computing the quantum of excisable goods for determining the slab for the purpose of applying the rate of Excise duty.2. The petitioner is a manufacturer of various types of paints and compounds. One of such products manufactured by it (the petitioner) is called 'Paint P.U.F. Marking Black and White'. The petitioner had paid Excise duty on this product but subsequently applied for refund of Excise duty. The Excise authorities granted such refund. Thereafter, the petitione...
Nanhu Ahir and ors. Vs. Ganesh Rai and anr.
Court: Allahabad
Decided on: Dec-03-1977
Reported in: AIR1978All100
Mahavir Singh, J. 1. This is a second appeal by the defendants against the judgment and decree of the Civil Judge, Ghazipur by which he confirmed the decree passed by the Munsif in favour of the plaintiff-respondent No 1. 2. The allegations of the plaintiff-respondent were that he was an occupancy tenant of the plots in question prior to the abolition of zamindari and had become Sirdar afterwards, that the defendants-appellants and defendant-respondent No. 2 had no connection with the land in question, that in 1358 Fasli, their father had forcibly taken possession of a part of plot in question but he had been dispossessed, in a suit filed by him under Section 180 of the U. P. Tenancy Act by a decree passed on 16-7-1941, that later these appellants somehow manipulated their names in the Patwari papers, that on knowing about the same he moved an application for correction but the same was dismissed and so he had to file the. suit. He prayed for an injunction to restrain the appellants fr...
Prabhoo Vs. Doodh Nath and ors.
Court: Allahabad
Decided on: Dec-02-1977
Reported in: AIR1978All178
B.N. Sapru, J.1. The facts found by the courts below are that one Shanker had four sons, namely, Prabhoo, Gayadin, Surajdin and Ram Din (who died issue-less). Prabhoo, the defendant appellant as mentioned earlier is the son of Shanker whereas the sons of Suraj Din and Gaya Din sons of Shanker are the plaintiff-respondents.2. The plot in dispute has been found to be the joint property of the sons and grandsons of Shanker.3. According to the plaintiff-respondents' case the defendant appellant had started making constructions on khata No. 59 area 42 bighas 15 biswas which is the joint property of the parties to the suit, without the consent of the plaintiff-respondents and despite their protests. According to them they lodged a report to the police when the defendant respondent started laying the foundations on 20-1-1960. Despite their protests when the defendants started making constructions on 1-2-68 the plaintiffs filed the suit on 4-2-1966 praying for a mandatory injunction for the re...
Balraj Suri and ors. Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Dec-02-1977
Reported in: AIR1978All321; [1978(36)FLR168]
Yashoda Nandan, J. 1. The petitioners obtained lease deeds from the State of U. P. under the provisions of the U. P. Minor Minerals (Concession) Rules, 1963, (hereinafter called the Rules) for varying terms for extracting certain minor minerals. By means of a notification dated 14th September, 1976 published in U. P. Gazette Extraordinary dated 15th September, 1976 certain amendments were introduced in the Rules. The Second Schedule as it then existed was amended and the dead rent payable was increased by ten times. Since before the amendment of the Rules the royalty payable by the petitioner was higher than the dead rent at the prevailing rates they paid no dead rent relying on the proviso to Rule 22. After the amendment the petitioners became liable to pay dead rent because the royalty that they had been paying was of a lesser amount. Aggrieved by this action of the State Government, the petitioners filed this writ petition challenging the legality of the notification dated 14th Sept...
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