Allahabad Court November 1980 Judgments
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Ghazanfar Ali Khan Etc. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-17-1980
Reported in: AIR1982All201
K.C. Agarwal, J.1. This is a petition under Article 226 of the Constitution challenging the validity of the notification dated 16th Dec. 1980, published in the Extraordinary Gazette of the State of U.P. of the same date, under Clause 8 of the Sugarcane (Control) Order, 1966 (hereinafter referred to as 'the Control Order, 1966').2. The petitioner is a partnership firm which has a power crusher situate in village Basikkirapur, district Bijnor, measuring 11'x 14' in size. The petitioner has been manufacturing Gur by the crusher. As required by U.P. Khandsari Sugar Manufacturers Licensing Order, 1967 (hereinafter referred to as the Khandsari Order), the petitioner had obtained a licence under Clause 3 of the said Order. This licence was renewed from time to time and was lastly renewed on 3rd Oct., 1980, for the crushing season 1980-81. The petitioner was also granted a permit under Clause 4 of the U.P. Restriction on Sugarcane Purchase Order issued by the Governor of Uttar Pradesh in exerc...
Sita Ram Vs. Fatingan and ors.
Court: Allahabad
Decided on: Nov-14-1980
Reported in: AIR1981All37
R.R. Rastogi, J. 1. This is plaintiff's second appeal against the judgment and decree passed by the 1st Additional Civil Judge Azamgarh, on 19-4-1967 reversing the judgment and decree passed by the Additional Munsif Azamgarh on 26-10-1964. 2. The suit of the plaintiff-appellant was for permanent injunction restraining the defendants-respondents from interfering with the plaintiff in irrigating his plots from the well situated in No. 1263 in village Sarai Lakhansi in the town of Mau Nath Bhanjan, and for recovery of Rupees 450/- as damages. The disputed well has been in existence for a very long time and there is a Paudur attached to the east of it. The plaintiff has got his plots Nos. 1268 1269 and 1270 to the north of the disputed well and his ease was that he had been irrigating those plots from the said well and he had acquired a right in that be half. He also alleged that Ins father had carried out certain repairs in the well and had constructed pucca pillars and a Teeth a on Pucca...
Ashok Prapan Sharma Vs. the State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Nov-14-1980
Reported in: AIR1981All101
M.N. Shukla, J.1. In Rishikesh (Dehradun) there is a celebrated temple known as the temple of Bharat Ji Maharaj. By virtue of a series of Sanads which run into antiquity and into which it is not necessary to enter for the purpose of this case, the petitioner claims to be the Mahant thereof and absolute owner of two statues of Yaksh and Yakshani placed under a banyan tree (Bat Briksh) in the campus of the temple. These statues are alleged to be of great historical importance as well as religious sanctity. However, the District Magistrate, Dehradun addressed a letter dated 19-10-1973 to the Curator, Ancient Museum, Mathura a copy whereof was served on the petitioner (Annexure 3 to the writ petition) wherein it was mentioned that the District Magistrate permitted the Curator to remove the aforesaid two statues of Yaksh and Yakshani for the purpose of placing them for display in the museum of Mathura. The aforesaid letter purported to have been issued in the exercise of powers conferred un...
Vishnu Datt Sharma Vs. Board of High School and Intermediate Education ...
Court: Allahabad
Decided on: Nov-12-1980
Reported in: AIR1981All46
K.N. Goyal, J.1. This is a plaintiffs second appeal arising out of a suit for compensation. 2. The plaintiff was an intermediate student in Anglo Sanskrit College, Mawana, defendant No. 5 in 1961-62. He was detained on the ground of short attendance. He challenged the action of the authorities by means of a regular suit which although dismissed by the trial Court was decreed on appeal. It was held by the court that the college authorities had not maintained the attendance register in accordance with regulations. While the regulations required that attendance should be recorded for each lecture the College authorities recorded attendance only twice in the day, once in the morning and again after the mid-day recess. On this ground the action of the authorities in detaining the plaintiff-appellant on the ground of shortage of attendance was held to be illegal and a declaration was made in favour of the plaintiff-appellant and the relief of injunction was also granted. He had already been ...
Smt. Sheel Wati Vs. Smt. Ram Nandani
Court: Allahabad
Decided on: Nov-12-1980
Reported in: AIR1981All42
Deoki Nandan, J. 1. This second appeal had been heard by me at an earlier stage and I had referred the following question for consideration by a larger Bench, for the reasons contained in my order dated 27th September, 1979, namely - QUESTION 'Whether the marriage between the plaintiff and Suresh Ghandra could be adjudged null and void in the present suit, although it had not been declared to be so by a decree of nullity, on a petition presented by either party thereto against the other, under Section 11 of the Hindu Marriage Act, 1955. on the ground that Suresh Chandra had a wife living in the person of Chandra Kala when the marriage between the parties in question was solemnised in the year 1958, after the coming into force of the Act, tor contravening the rule of monogamy prescribed by Section 5(i) thereof,' 2. The Hon'ble the Chief Justice did not, however, consider the case to be a fit one to need the attention of a Division Bench and has referred the matter back to me for being ...
Vidya Sagar Sharma and ors. Vs. Anand Swarup Dublish and ors.
Court: Allahabad
Decided on: Nov-11-1980
Reported in: AIR1981All106
V.K. Mehrotra, J.1. This is a defendants' second appeal who have lost in both the courts below.2. Anand Swarup Dutalish, Advocate, Umesh Chand Dublish, his father Shanti Sharan, and Shiv Mahadeo Mandir situate in mohalla Munnalal Qasba Mowana Kalan in District Meerut filed the suit out of which the present appeal arises, as plaintiffs Nos. 1 to 4. They impleadedBishambhar Sahai, father of appellant Vidya Sagar Sharma; Vishnu Sahai; Janardan Sahai and Keshar Sharan Sharma sons of Pandit Shiv Datt Sharma residents of the same Mohalla as defendants in the suit.3. The case of the plaintiffs was that one Munnalal, the ancestor of plaintiffs Nos. 1 and 2 constructed a temple known as 'Shiv Mahadeo' temple in Mohalla Munnalal and dedicted the property in dispute in the suit to the idol (plaintiff No. 4) to which it belongs. The temple, which is a very old construction and existed even in the year 1907, was for worship by the Hindu community in general. The house of the defendants, who were ac...
Tej Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-11-1980
Reported in: AIR1981All103
K.N. SINGH, J.1. This plaintiff's appeal is directed against the judgment and decree of the Second Additional Civil Judge, Aligarh, dated 30-10-1974 dismissing the suit with costs.2. The appellant filed a suit against the U. P. State Electricity Board and Superintending Engineer and the Executive Engineer, Harduaganj, district Aligarh, for grant of a decree for mandatory injunction. The suit was filed on the allegations that the U. p. State Electricity Board has a Steam Power Station at Kasimpur, known as Harduaganj Steam Power Station, in the district of Aligarh. In the process of working of the Power Station waste coal ash is discharged which is released by the authorities for sale to public. The appellant carries on business of sale of waste coal ash. On 12-9-1973 he made an application to the Superintending Engineer, defendant No. 2, for purchase of 500 truck load of waste coal ash equivalent to 1.5 lac cubic feet of ash at the rate of 16.25 per 100 cubic feet. The Superintending E...
Paramount Studio and ors. Vs. the Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Nov-11-1980
Reported in: AIR1981All186
Misra, J.1. This petition under Article 226 of the Constitution of India raises a dispute pertaining to carrying on business of taking photographs of persons visiting Tai Mahal and Forts at Agra and Fatehpur Sikri. These three monuments are indeed ancient monuments of historical importance. Tai Mahal is considered to be one of the wonders of the world and attracts visitors from abroad also. Before we set out the facts giving rise to the dispute, we may state here the submission made at the bar but not taken specifically in the pleadings of the petitioners to the effect that Tai Mahal and the aforesaid forts at Agra and Fatehpur Sikri are not protected monuments. We mention this submission made on behalf of the petitioners only to be rejected. These monuments have a history behind them and are known for their superb architecture and beautiful carvings. Besides, they yield revenue to the Government and also earn foreign exchange. Indisputably, they fall within the definition of the term ...
Commissioner of Income-tax Vs. Nityanand Deokinandan
Court: Allahabad
Decided on: Nov-05-1980
Reported in: (1981)21CTR(All)68; [1981]129ITR177(All); [1981]5TAXMAN262(All)
H.N. Seth, J. 1. At the instance of the Commissioner of Income-tax, the Income-tax Appellate Tribunal, Allahabad, has in the case of the assessee, Nityanand Deokinandan, Kanpur, for the assessment years 1972-73 and 1973-74, stated the case and referred the following questions for the opinion of this court:' 1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that since, strictly speaking, there are no orders passed Under Section 184(7) as such, the benefit of continuance of registration being granted year after year automatically on the fulfilment of certain conditions laid down in the said section, the Commissioner of Income-tax had no jurisdiction under Section 263, Income-tax Act, to cancel the same? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the renewal of registration could not be cancelled by the Commissioner of Income-tax by invoking the provisions of Section 263, Income-tax...
Additional Commissioner of Income-tax Vs. U.P. State Agro Industrial C ...
Court: Allahabad
Decided on: Nov-04-1980
Reported in: (1981)20CTR(All)141; [1981]127ITR97(All); [1981]5TAXMAN211(All)
H.N. Seth, J. 1. At the instance of the revenue, the Income-tax Appellate Tribunal, Allahabad, has, in respect of assessment of the assessee, U.P. State Agro Industrial Corporation Ltd., Lucknow, for the assessment year 1972-73, stated the case and referred the following question for the opinion of this court:'Whether, on the facts and in the circumstances of the case, the assessee was entitled to depreciation on building which it purchased from the Government of Uttar Pradesh '2. The assessee, U.P. Agro Industrial Corporation Ltd., Lucknow (hereinafter referred to as 'the Agro Corporation') was set up in the month of March, 1947, as a body registered under the Indian Companies Act. Capital of the Agro Corporation was subscribed equally by the Govt. of India and the Govt. of Uttar Pradesh. The State Govt. vide its order No. 1748/XII-J-246/67, dated April 27, 1968, transferred possession over the Agricultural Workshop, Lucknow, and Pilot Project, Karimganj to the Agro Corporation in con...
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