Allahabad Court February 1977 Judgments
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Smt. Shushma Giri and ors. Vs. the 9th Addl. Dist. Judge, Allahabad an ...
Court: Allahabad
Decided on: Feb-17-1977
Reported in: AIR1977All463
N.D. Ojha, J.1. Smt. Shushma Giri, petitioner No. 1 was occupying house No. 175/191, Allenganj, Allahabad, as a tenant on the basis of an order of allotment passed in her favour in the year 1958. An application was made by Ram Chandra Gupta, respondent No. 2, who is the landlord of the said house, for release of the house under Section 16 of the U. P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, hereinafter referred to as the Act, on the ground that Smt. Shushma Giri had left it and consequently it was available for being released in his favour. This application was opposed by Jagannath Bharti, since deceased, father of petitioners 1 and 2 and husband of petitioner No. 3, inter alia on the ground that he was entitled to the benefit of Section 14 of the Act inasmuch as he had been occupying the house from before the commencement of the Act with the consent of the then landlord. This plea found favour with the Rent Control & Eviction Officer and he by his order dat...
Kashi Nath Tewari Vs. Mangroo Lal
Court: Allahabad
Decided on: Feb-17-1977
Reported in: AIR1977All472
ORDERM.P. Mehrotra, J. 1. This revision arises out of proceedings for the amendment of the plaint. 2. In a suit between the landlord and the tenant, eviction was sought by the plaintiff and, according to the plaint allegations, the accommodation in question was a post-1950 construction. In 1972 the new U. P. Act XIII of 1972 came into operation and Section 39 has extended the benefit of the new Act to the tenants against whom suits for eviction were pending in respect of the buildings to which the old Act did not apply and which came to be covered, for the first time, by the new Act. Section 40 of the Act extends such benefit to the tenants of such buildings which have been brought under the regulation of the new Act for the first time during the pendency of appeals or revisions. The suit in question was filed in 1974 in the court of the Judge, Small Causes, Allahabad, In the plaint, it was alleged that the house was constructed in the year 1964. The plaintiff sought to amend the plead...
Faqir Chand Khattar and ors. Vs. the Regional Transport Authority, Deh ...
Court: Allahabad
Decided on: Feb-14-1977
Reported in: AIR1977All273
K.N. Singh, J.1. This petition is directed against the order of the Regional Transport Authority, Dehradun, granting stage carriage permits to the respondents. The petitioners had alternative remedy under the Motor Vehicles Act to challenge the said order before the State Transport Authority. In the circumstances the writ petition has abated under Section 58 (2) of the Constitution (42nd Amendment) Act, 1976, and the various interim orders passed in the writ petition stand vacated. The parties will bear their own costs.2. A prayer was made by Shri L. P. Naithani, learned counsel for the contesting respondents, that the monies de-posited with the Regional Transport Authority, Dehradun, respondent No. 1, in pursuance of the interim orders passed by this Court on applications made by various respondents may be directed to be paid over to the respondents concerned. This prayer was opposed by Shri S. N. Kacker, learned counsel appearing for the petitioners, on the ground that under the inte...
M/S. Yogesh Kumar and Sons Vs. Commissioner of Sales Tax.
Court: Allahabad
Decided on: Feb-14-1977
Reported in: (1977)6CTR(All)145
D. M. Chandrashekhar, J. - In these two references under S. 11 of the U.P. Sales Tax Act, 1948, (hereinafter referred to as the Act) relating to the same assessee for two different assessment years, the common question referred is :-'Whether there is any material on record to support the finding of the Judge (Revisions) that Radha Kishan Bagla has a proprietary or partnership interest in the business run in the name of Yogesh Kumar and Sons ?'2. The material facts necessary for answering the above question, have been set out in the statement of the case by the Judge (Revisions). It is unnecessary to repeat them here. Suffice it to state that in the assessment of the firm M/s. Yogesh Kumar and Sons, a controversy arose whether Radha Kishan Bagla was or was not a partner thereof. He denied that he was a partner of that firm, while the Judge (Revisions) held that he was a partner or proprietor of that firm.3. The learned counsel for the applicant contended that there was no material on th...
Smt. Premwati Vs. Smt. Shanti Devi and anr.
Court: Allahabad
Decided on: Feb-10-1977
Reported in: AIR1977All276
M.P. Mehrotra, J.1. This second appeal arises out of an application for the preparation of a final decree in a suit for partition. After the preliminary decree had been passed defining the shares of the parties an application was moved for the preparation of the final decree. A commission was issued to the civil court Amin for the preparation of the partition scheme. He submitted the scheme andboth the parties filed objections. The objections filed by the plaintiff were not pressed but those by the defendants were pressed. Both the courts below, however, rejected the objections made by the defendants. Now, in this second appeal the defendant, Smt. Premwati, has come up and in support of the appeal Shri G. P. Bhargava has made his submissions. Shri Santosh Kumar has made his submissions in opposition and on behalf of the plaintiff-respondent. Two contentions have been raised in support of the appeal. Firstly, it is said that looking to the width of the property, which is only about 13' ...
Sri Ram Krishna Mission and anr. Vs. Paramanand and ors.
Court: Allahabad
Decided on: Feb-10-1977
Reported in: AIR1977All421
M.N. Shukla, J. 1. This appeal arises out of a suit for declaration that the property in dispute is an endowed and charitable property, a Dharamshala since 13-3-1962, the date when respondent No. 6, namely, Smt. Parmeshwari Devi dedicated the property and created a trust and that thereafter she was not competent to execute the deed of 1968 so as to make a gift of the same pro-perty in favour of defendant No. 1, the appellant Ram Krishan Mission. The plaintiffs filed the suit in a representative capacity under Order 1, Rule 8, Civil Procedure Code and alleged that plaintiffs Nos. 3 to 6 were Hindus by caste and followers of Sanatan Dharam and were interested in the maintenance of the religious and charitable character of the property in suit while plaintiffs Nos. 1 and 2 claimed to be the trustees by virtue Of the trust deed dated 13-3-1962. The plaint was presented on 23-2-1970 and paragraph 9 thereof contained an averment that the suit was being, filed under Order 1, Rule 8, Civil Pro...
Ram Asrey and ors. Vs. State and ors.
Court: Allahabad
Decided on: Feb-10-1977
Reported in: 1977CriLJ848
ORDERP.N. Bakshi, J.1. This is a glaring case in which the wild vacillation of the river Ganga has led to multiplicity of civil and criminal litigations. An application under Section 145, Criminal P.C. was filed by Ram Asrey and 14 others of village Nauranga against Chan-drama Ojha and 19 others of village Ojha-ballia in respect of area of land covering about 600 bigbas. The Sub divisional Magistrate, Ballia called for a report from the Station Officer. On being satisfied therefrom that there was an apprehension of breach of peace, a preliminary order was passed on 30-10-1972. The property in question was attached on 3-11-1972. Parities thereafter were directed to file their written statements and affidavits and to produce evidence in support of their respective claims. The Sub-divisional Magistrate Ballia held that the second party was in possession of the land in dispute on the date of the preliminary order. The first party was therefore, restrained from disturbing their possession e...
Union of India (Uoi) and anr. Vs. Sahab Singh
Court: Allahabad
Decided on: Feb-09-1977
Reported in: AIR1977All277
M.P. Mehrotra, J.1. This second appeal arises out of a suit for a claim to a certain amount which the plaintiff sought against the defendants. The brief facts are contained in the following passage which is extracted from the judgment of the lower appellate court:--'That the defendant No. 2 placed a work order with the plaintiff on 3-1-63/ 11-2-63 and it was agreed that the plaintiff will prepare a specimen and get it approved through the S.D.O., M.E.S. and thereafter get the specimen fixed to the Air Conditioning Compressor Plant and the plaintiff shall get a sum of Rs. 1210 for the same. That the plaintiff in pursuance of the said contract prepared the specimen and after approval by the authorities concerned fixed the same in the plant and thus performed his part of the contract. That the plaintiff requested the defendants to make the payment but they have refused to make any payment to the plaintiff on absolutely unwarranted ground. That though it was agreed that the plaintiff shall...
S. HaleemuddIn Rahat Malsey Vs. the U.P. State and anr.
Court: Allahabad
Decided on: Feb-09-1977
Reported in: 1977CriLJ622
M.P. Mehrotra, J.1. This appeal arises out of a suit for recovery of maintenance allowance.2. The brief facts are these. The plaintiff-appellant was arrested on 6-9-1956 under Section 147/323 I.P.C. His bail application was allowed on 27-11-56 but as soon as he was released on 28-11-1956 he was again arrested at the jail gate and was served with an order under the Preventive Detention Act, 1(950. The plaintiff remained a security prisoner from 28-11-1956 to 10-2-1957. This detention substantially affected the means of his dependents and the defendant-respondent No. 1 State of Uttar Pradesh, was bound to pay allowance for the maintenance of such dependents under Rule 152 of the Security Prisoners' Rules, 1950. The plaintiff-appellant made an application to the District Magistrate, Moradabad, the defendant-respondent No. 2 on 1-12-1956 praying for maintenance allowance at the rate of Rs. 15/- per day to be paid to his wife. The District Magistrate informed the plaintiff that an enquiry w...
Registrar of Companies Vs. Kt. Financiers Private Ltd.
Court: Allahabad
Decided on: Feb-08-1977
Reported in: [1978]48CompCas129(All)
A. Banerjee, J.1. This is an application under Section 433(e) of the Companies Act, 1956. The Registrar of Companies has made this petition for the winding up of the respondent-company, Messrs. KT. Financiers Private Ltd., Lucknow. It was stated that the company was incorporated on 3rd October, 1956, and had its registered office at 14, Mahatma Gandhi Marg, Lucknow. The company was established to purchase, sell or hire out or sell on hire-purchase system all kinds of new and used motor vehicles, parts thereof, tractors, motor-cycles, cycles, sewing machines, radio sets, gramophones, cinematographs, etc., and to carry on the business as financiers, investors, brokers, merchants, agents, contractors, manufacturers, depot managers, secretaries and treasurers, managing agents, etc., as well as business as buyers and sellers, exporters and importers of all kinds of produce and merchandise. The object also indicated that they carry on the business of manufacturers, assemblers and dealers in ...
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