Allahabad Court May 1979 Judgments
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Smt. Dhanwanti Vs. Ramai
Court: Allahabad
Decided on: May-08-1979
Reported in: AIR1979All348
P.N. Goel, J.1. This is a defendant's appeal against judgment and decree dated 28-11-1969 passed by Civil Judge, Azamgarh in Civil Appeal No. 483 of 1966.2. The subject-matter of dispute is some bamboo clumps and a few trees. The case of the respondent was that these trees and bamboo clumps were planted by his ancestor, that he was the owner of the said bamboo clumps and trees, that the appellant created trouble in his possession, that there took place proceedings under Section 145, Cr. P. C. between the parties which ended in favour of the appellant, and that, therefore, he was compelled to file a suit for permanent injunction restraining the appellant from interfering with his possession. The respondent claimed decree for permanent injunction only. The appellant contested the suit that she was owner of the bamboo clumps and the trees, that the respondent had no concern with them and that relief claimed was hit by Section 42 of the Specific Relief Act.3. The Munsif, Azamgarh, who trie...
Dharma Samaj Society, Aligarh Vs. Ram Kishan Dass and anr.
Court: Allahabad
Decided on: May-07-1979
Reported in: AIR1980All20
ORDERA.N. Varma, J.1. This is a defendant's application in revision filed against an order passed by the learned District Judge, Aligarh on 17-8-78 dismissing an application filed by the defendant-applicant for recalling an order passed by the learned District Judge on 3-7-78 summarily rejecting an appeal filed by the defendant-applicant against a decree passed in favour of the plaintiff-opposite parties.2. Briefly stated the relevant facts are these : The defendant-applicant is a Society registered under the Societies Registration Act- The Society is said to have been formed for various religious, social and educational purposes. Its affairs are regulated by its bye-laws, which have been duly registered under the Societies Registration Act. It has a Managing Committee as well as a General Body. The Managing Committee is the executive body of the Society, and its functions, powers and duties are enumerated in Byelaw No. 16. At the relevant time, one Sri B. S. Gupta was the Secretary of...
Jupiter Chit Fund (Pvt.) Ltd. Vs. Dwarka Diesh Dayal and ors.
Court: Allahabad
Decided on: May-03-1979
Reported in: AIR1979All218
Satish Chandra, C.J. 1. An arbitrator filed his award dated 19th Nov., 1973, in the court of the Civil IN Judge, Kanpur. Objections were filed thereto. They were allowed in part. The award was remitted to the arbitrator for reconsideration by an order dated 30th April, 1975. A revision under Section 115 of the Code of Civil Procedure was filed against this order. The Additional District Judge, on 21st April, 1977, allowed the revision and set aside the award-Aggrieved, the applicant has filed the present revision under Section 115, C P. C. against the order dated 21st April, 1977. The valuation of the revision is Rupees 11,983/54 p. The valuation of the proceedings before the Civil Judge was the same.2. At the hearing of the revision an objection was raised that the revision was not maintainable in the High Court. The learned single Judge referred the following two questions to a Full Bench :(1) Whether the present revision is maintainable in the High Court ? (2) Whether the phrase 'ca...
Milco Ice-cream Co. Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: May-03-1979
Reported in: [1982]49STC294(All)
Prem Prakash, J.1.In this revision which has been heard under Section 11(1) of the U.P. Sales Tax Act, the only question of law involved for our consideration is whether 'ice-cream' is milk product and its turnover is exempt from sales tax under Section 4 of the U.P. Sales Tax Act.2. There were two notifications issued from time to time by the State Government under Section 4 of the Act. In the notification published in the U.P. Gazette on 31st March, 1956, entry No. 10 of List II described 'milk' and 'milk products' such as chhena, dahi, khoa, butter and cream, but excluding (i) products sold in sealed containers and (ii) sweetmeats, as being the goods which were to be exempt from payment of tax. In the year 1965 another notification in exercise of the powers under Section 4 of the Act was published in the U.P. Gazette on 16th February, 1965, granting exemption to 'milk' and 'milk products' but excluding (i) products sold in sealed containers, (ii) sweetmeats, (iii) ghee and (iv) butt...
Ghazanfar Rashid Vs. Secretary, Board of High School and Intermediate ...
Court: Allahabad
Decided on: May-01-1979
Reported in: AIR1979All209
K.N. Singh, J. 1. A Division Bench of this Court, expressing doubt about the correctness of the principles laid down by another Bench of this Court in Pra-bhat Kumar v. Board of High School and Intermediate Education (1971 All LJ 1391) referred the writ petition for decision to a larger Bench. Since the entire case has been referred to this Bench, it is essential to state necessary facts giving rise to this petition.2. The petitioner appeared at the Intermediate Examination of 1973 held by the Board of High School and Intermediate Education (hereinafter referred to as the Board) from the Government Inter College, Banda. A complaint was recieved by the Board that unfair means was used by the examinees at large scales at the said centre in answering the question papers of Intermediate Examination of 1973. The Board appointed a Screening Committee of experts in various subjects to ascertain the correctness of the allegations. The Screening Committee on scrutiny of the answer books found t...
Nawabzada Mohd. Ishaq Khan Vs. the Delhi Iron and Steel Co. Ltd.
Court: Allahabad
Decided on: May-01-1979
Reported in: AIR1979All366
M.N. Shukla, J. 1. This is a plaintiff's appeal arising out of an order dismissing his application under Order 41, Rule 19, Civil P. C. for restoration of the appeal dismissed in default.2. The judgment under appeal makes amazing reading and the facts of the case are also extraordinary. First Appeal No. 497 of 1957 was initially filed by the appellant in the High Court on 19-12-1957 against the judgment and decree dated 20-9-1957 of the IInd Additional Civil Judge, Meerut in Original Suit No. 22 of 1953. Later the Appeal was transferred to the Court of the 1st Additional District Judge, Allahabad and was received in that Court on 11-12-1967 and 9-1-1968 was fixed for hearing. The notice of this date was sent to the appellant by registered cover which is alleged to have been received back with an endorsement dated 21-12-1967 of the postman to the effect that the addressee had refused to accept the notice. The appellant was represented in the High Court by two eminent counsel namely, Sar...
Vishwambhar Nath Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: May-01-1979
Reported in: [1980]45STC349(All)
C.S.P. Singh, J.1. The revising authority has referred the following questions of law for the opinion of this Court:(1) Where an appellate authority has granted partial waiver under the second proviso to Section 9(1) of the U.P. Sales Tax Act and has fixed a specific time during which the amount not waived may be deposited and the appellant deposits the amount beyond the time fixed by the order of waiver but within the period of limitation prescribed for filing of the appeal, is the deposit a valid and sufficient deposit for the-entertainability of the appeal under Section 9(1) of the Act?(2) Whether, in the event of the appellant not depositing the amount mentioned in question No. (1) within the time fixed by the appellate authority, the appellant was bound to obtain extension of time from the appellate authority or, in the alternative, to deposit the entire 20 per cent of the assessed tax under Clause (b) of the first proviso to Section 9(1) of the Act within the time prescribed for ...
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