Allahabad Court August 1977 Judgments
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Smt. Malti Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-18-1977
Reported in: AIR1978All273
T.S. Misra, J. 1. The petitioner is owner of plots Nos. 491, 494, 498, 499 and 497, having an area of 3 Bighas which according to her were used by her for the purposes of business as also for worship. She has constructed a Pucca residential house, cattle shed, oil mill, flour mill, temple and a Samadhi of her father-in-law, on the said land and runs there a Dairy and Poultry farm. The opposite party No. 3 got the said land acquired for developing a Housing Scheme. When the petitioner came to know of the acquisition, she made a representation dated 16th January, 1970 and also met the Commissioner of Housing Board, Uttar Pradesh who, it is alleged, informed her that her land would not be acquired and that she would not be disturbed. However, on 12th January, 1973 a few employees of the Housing Board reached the land and started making measurements and counting the trees and plants standing thereon to which the petitioner objected. Aggrieved by that action of the opposite parties the peti...
Smt. Shakuntala Devi Vs. Banwari Lal and ors.
Court: Allahabad
Decided on: Aug-12-1977
Reported in: AIR1977All551
ORDERYashoda Nandan, J.1. This is a defendant's revision against the order of the learned 1st Additional District Judge, Allahabad ordering for her appeal to be abated as a whole.2. The material facts giving rise to this revision are that the applicant filed a First Appeal in this Court against the plaintiffs including one Banwari Lal who figured as a respondent. During the pendency of the appeal in this Court, Banwari Lal died. On the 9th of July, 1962 application No. 35A was moved by the applicant mentioning that Banwari Lal had died in the first week of April, 1962 and praying for substitution of his widow in his place. The application was supported by an affidavit. Notice was served on the respondents in the appeal and objection was filed on the 15th of July, 1963 in the form of an affidavit stating that the appeal had abated since Banwari Lal had died on the 5th of February, 1962. Along with the affidavit, a certificate of the Pradhan of the Gaon Sabha concerned was also filed sho...
Ganga Prasad Vs. Zila Abkari Adhikari, Banda and anr.
Court: Allahabad
Decided on: Aug-11-1977
Reported in: AIR1978All41
Sinha, J.1. This writ petition has been filed by Ganga Prasad under Article 236 of the Constitution challenging the validity of the proceedings proposed to be taken by the respondents for recovering certain amounts from him as land revenue.2. The facts leading up to this petition can briefly be stated as under:The petitioner obtained Theka of Deshi Sharab at Kalinjar, Banda, for the years 1970-71 and 1971-72. One of the conditions of the auction was that the petitioner shall take at least 430 litres per month of Deshi Sharab for sale at his shop and that, in case he failed to lift the aforesaid quantity of liquor, he would have to pay as compensation an amount equal to the excise duty leviable on the unlifted quota. It appears that the petitioner failed to lift the aforesaid quantity of liquor from the warehouse during the periods 1970-71 and 1971-72. The District Excise Officer, Banda, therefore, sent a notice to him on 15-3-1972 for the recovery of Rupees 1,442.20 for the year 1970-7...
Prem Devi and anr. Vs. Sales Tax Officer (Shri R.N. Upadhyaya) and ors ...
Court: Allahabad
Decided on: Aug-11-1977
Reported in: [1978]41STC314(All)
C.S.P. Singh, J.1. By this petition the petitioner has challenged the order of assessment made by the Sales Tax Officer, as also the recovery proceedings consequent to the demand created by the orders. It transpires that the petitioner filed appeals against the assessment orders and, on appeal, the assessment for the year 1968-69 has been set aside, while that for the year 1969-70 has been modified. The appeal for the year 1970-71 is still pending.2. In view of the fact that the petitioner has already resorted to the alternative remedy of appeal and even in the event of the appeal being adversely decided, he can file a revision, the petition in so far as it seeks to challenge the assessment orders has to abate in view of Section 58 of the Constitution (42nd Amendment) Act, 1976.3. So far as the challenge to the recovery proceedings is concerned, no procedural defect has been pointed out to us in the mode of recovery adopted by the recovering authority. The learned counsel stated that h...
Naresh Chandra Agarwal and anr. Vs. the State
Court: Allahabad
Decided on: Aug-11-1977
Reported in: 1978CriLJ546
ORDERH.N. Kapoor, J.1. This petition has been filed Under Section 561-A Cr.PC by the applicants Naresh Chandra Agarwal and Gauri Shanker for quashing the proceedings pending against them in the court of the Special Magistrate, U. P. at Lucknow in a case Under Sections 120B, 420, 467, 474 and 466 read with Section 109, IPC The applicants were said to have entered into a conspiracy and were engaged in selling forged railway tickets for Bombay and Mathura from Delhi. The other three accused were Jugraj Singh, Ganga Mani Dube and Sheo Pd. Trivedi, Jugraj Singh was actually found selling a ticket for Rs. 780/- to a witness. The printing material, machine, dye etc. were said to be recovered from the house of the co-accused Ganga Mani Dnbey. The case was investigated by the Delhi Special Police Establishment, The offence was committed at Kanpur. After completing the investigation, the Special Police had submitted a charge sheet Under Sections 120-B, 420, 467, 474 and 466 read with Section 109...
Smt. Prem Devi and anr. Vs. Sales Tax Officer and ors.
Court: Allahabad
Decided on: Aug-11-1977
Reported in: (1977)6CTR(All)246
C. S. P. Singh, J. - By this petition the petitioner has challenged the order of assessment made by the Sales Tax Officer, as also the recovery proceedings consequent to the demand created by the orders. In transpires that the petitioner filed appeals against the assessments orders, and on appeal the assessment for the year 1968-69 has been set aside while that for the years 1969-70 has been modified. The appeal for the year 1970-71 is still pending.2. In view of the fact that the petitioner has already resorted to the alternative remedy of appeal, and even in the event of the appeal being adversely decided, he can file a revision, the petition, the petition is so far as it seeks to challenge the assessment order has to abate in view of S. 58 of the Constitution 42nd Amendment Act, 1976.3. So far as the challenge to the recovery proceedings is concerned, no procedural defect has been pointed out to us in the mode of recovery adopted by the recovering authority. The learned counsel stat...
Ganga Prasad Vs. Zila Abkari Adhikari and anr.
Court: Allahabad
Decided on: Aug-11-1977
Reported in: (1977)6CTR(All)253
Sinha, J. - This writ petition has been filed by Ganga Prasad under Art. 226 of the constitution challenging the validity of the proceedings proposed to be taken by the respondents for recovering certain amounts from him as land revenue.2. The facts leading up to this petition can briefly be stated as under :The petitioner obtained Theka of Deshi Sharab at Kalinjar, Banda, for the year 1970-71 and 1971-72. One of the condition of the auction was that the petitioner shall take atleast 430 litres per month of Deshi Sharab for sale at his shop and that, in case he failed the aforesaid quantity of liquor, he would have to pay as compensation an amount equal to the excise duty leviable on the unlifted quota. It appears that the petitioner failed to lift the aforesaid quantity of liquor from the warehouse during the periods 1970-71 and 1971-72. The District Excise Officer, Banda, therefore, sent a notice to him on 15-3-1972 of the recovery of Rs. 1,442.20 for the year of 1970-71 and a letter...
Shri Ram Shah Vs. Mastan Singh and ors.
Court: Allahabad
Decided on: Aug-10-1977
Reported in: AIR1978All288
M.N. Shukla, J.1. The question in this appeal is whether the proceedings instituted by the plaintiff respondent by filing a suit in forma pauperis should have been stayed under Section 34 of the Arbitration Act (hereinafter referred as 'the Act'). A few facts leading to the present appeal may be noted as follows :2. The plaintiff-respondent Mastan Singh made an application for leave tofile a suit in forma pauperis against M/s. Hindustan Finance Company, R. N. Grover, and Ram Shah, the latter being the partners of the Company. The relief claimed in the suit was a mandatory injunction requiring the defendants to restore possession of a truck of which they had been forcibly deprived by the defendants. The suit was instituted on 20th Sept, 1975. On 16th Oct. 1975, the plaintiff applied for a temporary injunction. To this application objections were filed by M/s, Hindustan Finance Company and R. N. Grover, Managing Partner, on 12-12-1975. Thereafter on 9-1-1976 Ram Shah defendant applied un...
Budh Sen Vs. Sheel Chandra Agarwal and ors.
Court: Allahabad
Decided on: Aug-09-1977
Reported in: AIR1978All88
Yashoda Nandan, J. 1. These are two connected second appeals arising out of the same suit which can be conveniently disposed of by a common judgment. Second Appeal No. 1661 of 1970 has been preferred by the plaintiff in the suit while the connected Second Appeal No. 167G of 1970 is at the instance of Sheel Chandra Agrawal who figured as defendant No. 1 therein. 2. The suit giving rise to these appeals was for ejectment of Sheel Chandra Agrawal (impleaded as defendant No. 1), from certain premises and for recovery of arrears of rent and damages for use and occupation pendente lite and future. The suit was brought on the allegations that the plaintiff was a tenant of an accommodation consisting of a quarter No. 1/3 and three shops in a building situate at Rampur. According to him, he had sub-let two of the shops in his tenancy to late Sri Chandra Bhan, father of four of the defendants and husband of the fifth defendant in 1945. Subsequently a dispute arose between the plaintiff and Sri C...
Ramji Lal Vs. Ram Sanehi Lal Pandey
Court: Allahabad
Decided on: Aug-09-1977
Reported in: AIR1978All351
M.P. Mehrotra, J. 1. This is a second appeal arising out of a suit wherein the plaintiff claimed a money decree against the defendant on the ground that the former had lent certain amount to the latter. To be specific, the plaintiff claimed a decree for Rs. 5478 with pendente lite and future interest as costs. The defendant contested the suit and denied the factum of loan or that anything was due from him to the plaintiff. The plaintiff gave a list of witnesses whom he proposed to examine at the trial and one such proposed witness was Pt. Satya Narain Misra. The plaintiff examined himself and thereafter a joint application (paper No. 33C) was moved on behalf of both the parties praying that Pt. Satya Narain Misra be appointed as a referee under Section 20 of the Evidence Act. Both the parties jointly stated in the said application that whatever would be stated by the said sole referee, either in person before the court or by a statement in writing to be submitted by him to the court, w...
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