Allahabad Court March 1979 Judgments
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Madhya Bharat Khadi Sangh Vs. Bal Kishen Kapoor and ors.
Court: Allahabad
Decided on: Mar-20-1979
Reported in: AIR1979All253
P.N. Goel, J.1. This is a defendant's appeal against the judgment and decree dated 6-1-1969 passed by the II Additional Civil Judge, Moradabad in Civil appeal No. 218 of 1968 arising out of original suit No. 59 of 1963.2. Facts relevant for the disposal of this appeal are these : The defendant appellant carries on business in Bhopal, district Fatehgarh. The appellant placed order for supply of some utensils with defendant Nos. 2 to 4. The defendant respondents handed over railway receipt along with a hundi to plaintiff respondent No. 1. The plaintiff respondent No. 1 sent R-R and hundi to the Punjab National Bank. The hundi was payable after 21 days. The appellant accepted the hundi and took railway receipt from the bank. Thereafter the appellant took delivery of the goods. But the appellant did not make payment of the hundi to the Bank. Therefore, the, plaintiff respondent No. 1 brought suit for recovery of the amount of the hundi.3. The appellant contested the suit on the grounds tha...
Smt. Leelawati Vs. Ram Sewak
Court: Allahabad
Decided on: Mar-20-1979
Reported in: AIR1979All285
Deoki Nandan, J.1. This is a wife's first appeal in a suit for divorce. The husband-respondent was the petitioner in the District Court. The ground on which the decree of divorce was claimed was that there was no restitution of conjugal rights between the parties for a period of one year and more, after passing of a decree for restitution of conjugal rights on 19th May, 1976, by the Court of District Judge, Jalaun at Oral.2. In her defence, the appellant didnot deny the factum of the passing ofthe said decree of restitution of conjugalrights on 19th May, 1976, but she pleadedthat the decree was passed ex parteagainst her and she had no knowledge of it until the service of the summons of the present suit for divorce. Shefurther pleaded that she was ever readyand willing to go and live with her husband and it was he who had failed totake her with him. 3. The only substantial issue raised by the District Court in the present case was : Wheher the respondent had no knowledge of the ex part...
Jupiter Chit Fund (Private) Ltd., Kanpur Vs. Dwarika Dhish Dayal and o ...
Court: Allahabad
Decided on: Mar-20-1979
Reported in: AIR1980All77
ORDERSatish Chandra, C.J. 1. This revision under Section 115 of the Code of Civil Procedure is directed against an order passed by the Additional District Judge, Kanpur, allowing a revision and setting aside an arbitration award. The revision was filed in this Court on January 31, 1977 and the same day it was admitted and connected with other similar revisions. Notice was directed to issue on that day. 2. The valuation of the subject-matter of the revision was below Rupees 20,000/-. Learned counsel for the opposite parties have raised a preliminary objection that the revision was not maintainable in this Court, In support, reliance was placed upon Indian Oil Corporation v. Kishore Bandhu (1978 All LJ 176). In that case, a Division Bench held that a case arising out of a proceeding under Section 20 of the Arbitration Act is not amenable to revision under Section 115 of the Civil P. C. as amended by the U. P. Civil Laws (Amendment) Act, 1973 because Section 115 as so amended was confined...
Satya Sindhu Pandey Vs. Mohammad Shual Islam and ors.
Court: Allahabad
Decided on: Mar-19-1979
Reported in: AIR1980All69
S.C. Mathur, J. 1. This appeal arises from a suit for possession and recovery of mesne profits and damages. The suit arose in the circumstances indicated hereinafter. Respondents 1 and 2 Mohammad Shuaul Islam and Smt. S.K. Islam are the owners of a house situate at Rana Pratap Marg. This house was allotted in favour of the appellant Satya Sindhu Pande on 21-10-1963. In pursuance of this allotment order he entered into possession of the property in dispute. This allotment order related to the entire house. On a writ petition filed by the owners this allotment order was quashed by this court on 2-11-1965. Thereafter another allotment order was passed on 20-1-1966 in respect, of a portion of the house. This order was also quashed by this Court on 3-11-1970 on a writ petition filed by the owners. The owners thereafter filed suit for possession and recovery of mesne profits and damages. The allegation of the owners was 1 hat the accommodation in question was never vacant so as to be availab...
Commissioner of Wealth Tax Vs. Smt. Ginni Devi.
Court: Allahabad
Decided on: Mar-18-1979
Reported in: (1979)12CTR(All)357
JUDGMENT : C. S. P. Singh, J. - After perusing the order of the Tribunal we do not feel that any stateable question of law arises. Shri R. K. Gulati, appearing for the Department, contended that the contention raised by the assessee in the additional grounds were not well founded in law and as the Tribunal has remanded the matter to the Appellate Assistant Commissioner for reconsideration on these grounds, the Appellate Assistant Commissioner may feel bound by the order of the Tribunal, and not entertain the legal objections which the Department might have in regard to the contentions of the assessee. The order of the Tribunal does not preclude the Appellate Assistant Commissioner from entertaining such legal objections as are open to the Department against the additional grounds, for it directs the appeal to be disposed of in accordance with law. We are also not impressed by the argument as regards question No. 1 for it appears from the order of the Tribunal that the additional ground...
Addl. Commissioner of Income Tax Vs. Ram Prakash.
Court: Allahabad
Decided on: Mar-18-1979
Reported in: (1979)13CTR(All)172
C. S. P. Singh, J. - The assessee owned a truck and was partner in two firms, M/s Amolak Ram and M/s Ram Prakash Kulbhushan Rai. For the year 1967-68 he filed a return showing an income of Rs. 4000/- During the course of assessment the Income Tax Officer found that the assessee had invested a sum of Rs. 15,000/- for the purchase of a truck, which was run in partnership. The assessees explanation regarding the investment was that a loan of Rs. 2,000/- had been taken from his father-in-law, and the balance had come out of his past savings. The Income-Tax Officer gave a credit for Rs. 2,000/- only as coming from past savings, and treated the balance as income from undisclosed sources. Penalty proceedings were also started against the assessee, and the matter was referred to the Inspecting Asstt. Commissioner. The Inspecting Asstt. Commissioner did not accept the assessees explanation that the amount represented the income assessed for the year 1966-67, and the income up to the date of the...
Mohan MeakIn Breweries Ltd., Lucknow Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-09-1979
Reported in: AIR1979All198
C.S.P. Singh, J. 1. These cases are being disposed of by a common judgment as they raise a common question of law, and the essential facts are the same. For the purposes of deciding controversy that has arisen between the parties, it will be sufficient to state the facts in Writ Petition No. 2603 of 1973.2. The petitioner, a Limited Company holds a licence in Form P. D. 1 for the manufacture of Indian made foreign liquor. The petitioner also holds licence in Form F. L. 3-A for bottling of Rum. Rum, that is bottled by the petitioner, is supplied to Military Troops exclusively. The process for bottling consists of transferring liquor from vats, which are in a bonded warehouse to bottles in another bonded warehouse, under the supervision of the Excise Department. The Excise Department imposed excise duty on the quantity of Rum manufactured by it, on the basis that the assessee became liable to pay excise duty as soon as it manufactured rum, and wastage in the bottling process could not be...
M.K. Industries and ors. Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Mar-09-1979
Reported in: [1979]119ITR286(All)
Satish Chandra, C.J.1. The petitioners are aggrieved by an order of transfer of their assessment circle from Hapur to Kanpur under Section 127(1) of the I.T. Act, 1961. The petitioners' grievance is that no reasoned order was passed or communicated to the petitioners. From the counter-affidavit it appears that notices to all the assessees in the group of Rameshwar Dass Mittal were served inviting them to show cause why all their cases be not transferred to Kanpur Circle. The notices were duly served. The petitioners had notice of the date of hearing, namely, 1st August, 1975. On that date nobody appeared. On July 30, 1975, an application was received by post praying for an adjournment. This application was refused and the order of transfer was passed on the ground t 'a lot of enquiries must be made before assessments are completed. Delay will hamper proper progress in our work. Transfer orders may issue'. In the counter-affidavit it has been clarified that it was expedient to combine t...
Swami Kailashanand Vs. Income-tax Officer and anr.
Court: Allahabad
Decided on: Mar-09-1979
Reported in: (1979)10CTR(All)271; [1979]119ITR627(All)
Satish Chandka, C.J.1. The petitioner is the president of Kailashanand Mission Trust in the district of Tehri Garhwal. He claims that this trust is exempt from income-tax because it was a charitable and religious institution. He is aggrieved at certain notices issued requiring the petitioner to file income-tax returns under the I.T. Act and wealth statement under the W.T. Act.2. It appears that for the year 1970-71, the petitioner was assessed to income-tax. The ITO repelled the plea that the petitioner was exempt from taxation. The petitioner filed an appeal. The AAC set aside the assessment order on the ground that the ITO did not examine the case properly and came to a hasty finding that all receipts including remittance received by the Mission were taxable in the individual assessment of Shri Kailashanand. The matter was remanded to the ITO for a fresh assessment after recording necessary findings. The petitioner's grievance is that after this order of remand dated November 14, 197...
Hashim HussaIn Vs. Smt. Rukaiya Bano
Court: Allahabad
Decided on: Mar-09-1979
Reported in: 1979CriLJ1143
ORDERP.N. Bakshi, J.1. An application was filed by Shrimati Rukaiya Bano under Section 125, Cr. P.C. claiming maintenance allowance from her husband Hashim Hussain, While these proceedings were pending before the trial court parties arrived at a compromise on 2nd September 1975. The compromise contained five clauses. The substance of the compromise which has been referred to in detail in the order of the Judicial Magistrate, Bareilly was that Hashim Hussain accepted the case of Shrimati Rukaiya Bano, He agreed that in future he would not harass her and would maintain her with food and clothing and that he will keep her with him and would not cause any inconvenience. He also agreed to transfer nine Bighas of land situate in Tahsil Nawabganj, district Bareilly in her favour. The fifth clause and the last clause of the compromise was that in the event of failure of the husband in implementing the terms of the compromise he would pay a monthly allowance of Rs. 200/- for the maintenance of ...
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