Allahabad Court July 1980 Judgments
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Union of India (Uoi) Vs. Sir Shadi Lal Sugar and General Mills Ltd.
Court: Allahabad
Decided on: Jul-15-1980
Reported in: AIR1980All379; 1981(8)ELT210(All)
S.D. Agarwala, J. 1. This first appeal is directed against the judgment of the II Additional Civil Judge, Muzaffar-nagar dated 24th February, 1967, decreeing the suit of the plaintiff-respondent, Sir Shadi Lal Sugar and General Mills Ltd. Mansoorpur. The present appeal has been filed by the Union of India.2. Sir Shadi Lal Sugar and General Mills Ltd. is a company registered under the Indian Companies Act carrying on the business of production and sale of Crystal Sugar in Mansoorpur, district Muzaffarnagar. The Company produces sugar by power using vacuum pan process. The excise duty leviable on the sugar prior to 4th of May, 1961 was Rupees 22.15 n. p. per quintal. On 4th May 1961 the Central Government by a notification issued under Rule 8 Sub-clause (1) of the Central Excise Rules, 1944 announced an exemption from the basic excise duty as is in excess of Rupees 11.08 n. p. per quintal in such quantity of sugar produced in a factory during the year commencing 1st November, 1960 as is ...
Firm Devesh Kumar Viresh Kumar, Aligarh and ors. Vs. 5th Addl. Distric ...
Court: Allahabad
Decided on: Jul-14-1980
Reported in: AIR1981All15
ORDERA.N. Varma, J. 1. By this writ petition, the validity of an order passed by the learned V Additional District Judge, Aligarh on 11-10-1976 is questioned. 2. The relevant facts are these, 3. A plaint was presented by respondent No. 2 in which the petitioners were arrayed as defendants. The plaint was rejected by the trial court on the ground of insufficiency of the court-fee stamp. The plaintiff thereupon filed an application for recalling of that order under Sections 148, 149 and 151 of the Code of Civil Procedure. The said application was rejected by the trial Court on the short ground that it wasnot maintainable and that the plaintiff had his remedy only by way of appeal against the order rejecting the plaint. Aggrieved by that order, the plaintiff filed a revision under Section 115 of the Code of Civil Procedure which was allowed by the impugned order by the learned V Additional District Judge, Aligarh. The learned District Judge allowed the revision and set aside the order pas...
Dal Chand Vs. Babu Ram and ors.
Court: Allahabad
Decided on: Jul-11-1980
Reported in: AIR1981All335
M.N. Shukla, J.1. This is a defendant's appeal arising out of Suit No. 2 of 1959 which was a sequel to Suit No. 220 of 1958 against which a second appeal is still pending in this Court. The earlier suit was brought by the present appellant Dal Chand against Hukum Singh (tenant and impleaded as defendant No. 5 in the present suit) in respect of arrears of rent which were alleged to have been paid to the present plaintiff viz.. Babu Ram. He had actually applied to be impleaded as a Manager of the joint family in the earlier suit but Dal Chand plaintiff of the earlier suit raised an objection and the application for impleadment was dismissed. It was in these circumstances that Babu Ram filed Suit No. 2 of 1959 giving rise to the present appeal.2. The relief claimed in this suit was a declaration that the Kothi in question was a joint family property of the plaintiffs and defendants Nos. 1 to 4. Hukum Singh and Gur Dayal, being tenants of the Kothi, were impleaded as defendants Nos. 5 and ...
indrasan Vs. Lucknow Nagar Mahapalika and ors.
Court: Allahabad
Decided on: Jul-10-1980
Reported in: AIR1981All193
ORDERT.S. Misra, J.1. This revision arises in the following circumstances : Indrasan filed a suit against Lucknow Nagar Mahapalika, State of U. P. and Lucknow Development Authority in forma pauperis. He made an application under Order XXXIII Rule 1 C. P. C., for permission to file the suit as a pauper. In his deposition before the court below he stated that he depended on his sons who were six in number and that he resided with his sons who. maintained him. The court below, therefore, held that he had sufficient means to pay the court fees, and rejected the application. Aggrieved, the plaintiff has filed this revision.2. I have gone through the impugned order. In my view the grounds on which the application was rejected are not tenable. Under Rule 1 of Order XXXIII of the Code of Civil Procedure, prior to its amendment, a person was deemed to be a pauper when he was not possessed of sufficient means to enable him to pay the fee prescribed by law for the plaint in such suit. In the case...
Suraj Singh and anr. Vs. Sohan Lal and ors.
Court: Allahabad
Decided on: Jul-10-1980
Reported in: AIR1981All330
V.K. Mehrotra, J.1. This second appeal has been preferred by Suraj Singh and his son Rameshwar Dayal who were defendants Nos. 2 and 3 in a suit for specific performance of an agreement dated January 17, 1967 for the sale of some agricultural plots situate in village Khajuri-Al-liyarpur in Tahsil Mawara, District Meerut said to have been executed in favour of the plaintiffs by one Awan Singh who was impleaded as defendant No. 1 in the suit but is a respondent in this appeal. The IIIrd Additional Civil Judge, Meerut, who tried the suit, granted a decree as prayed for by the plaintiffs. The Additional District Judge, Meerut before whom that decree was challenged in appeal by the present appellants affirmed the decree of the trial Judge. Under the decree, the sale deed was to be executed by the defendants in favour of the two plaintiffs and the present appellants, who were in possession of the land, were required to transfer it to the plaintiffs. Feeling aggrieved, these two defendants hav...
Tej Bhan Madan Vs. 2nd Additional District Judge, Allahabad and ors.
Court: Allahabad
Decided on: Jul-10-1980
Reported in: AIR1980All320
ORDERA.N. Verma, J. 1. This petition arises out of a suit filed by respondent No. 3 Kumari Chhaya Gupta for the ejectment of the petitioner from a house No. 7/3 Shambhoo Barracks, Allahabad. The suit was decreed by the trial court, in the Revision filed by the petitioner, the decree of the trial court has been affirmed by the learned District Judge by an order dated 26-8-1976. This writ petition is directed against the aforesaid decree and order.2. Shortly stated, the plaint case was that one Gopi Nath Agrawal was the landlord of the premises in question and the petitioner was his tenant. By means of a sale deed dated 3-1-1972 the plaintiff purchased the accommodation. On the purchase of the property, both the transferor and transferee served notices on the defendant informing him of the transfer the transferee also demanding arrears of rent. The defendant denied the title of the transferee (the plaintiff) in a written reply sent to her. Thereupon, the plaintiff served a notice dated 2...
Ram Swarup Kaushal Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: Jul-10-1980
Reported in: [1983]139ITR887(All); [1981]6TAXMAN174(All)
H.N. Seth, J. 1. For the assessment year 1974-75, petitioner, R.S. Kaushal, was assessed to income-tax in the capacity of an HUF. As, apart from Ram Swarup Kaushal, other members of the said family also had independent sources of income, in respect of which they had been separately assessed to income-tax as individuals, the amount of tax payable by the petitioner was computed in accordance with the rates laid down in sub-para. II of Para. A of Pt. I of the First Schedule to the Finance Act of 1974. By this petition under Article 226 of the Constitution, the petitioner challenges the validity of the rates, for computing the income-tax payable by an HUF which at any time during the previous year had at least one member whose total income of the previous year, relevant to the assess-ment year commencing on April 1, 1974, exceeded Rs. 5,000, prescribed by sub-para. II mentioned above.2. The petitioner claims that till the year 1974 various Finance Acts passed by the Union of India used to ...
Natha Singh and anr. Vs. Heet Singh and ors.
Court: Allahabad
Decided on: Jul-07-1980
Reported in: AIR1980All358
Deoki Nandan, J.1. This is a plaintiffs' second appeal in a suit for declaration of the traditional boundary between two villages Ginthali and Kyard in the district of Pauri Garhwal, under Section 13 of Kumaun Nayabad and Waste Lands Act, 1948.2. In brief the plaintiffs' case was that a part of the boundary of their village had wrongly been fixed in the settlement made in the year 1935, for not being in accordance with the boundaries fixed in the settlements of Sal 80 (1823 A. D.) and Sal 96 (1839). The defendants contested the case of the plaintiffs. It is not necessary for the purposes of the decision of this appeal to refer to the pleadings of the parties in this case. Issues framed by the trial court bring out the controversy between the parties. They were:--(i) Whether the land lies within villages Ginthali and Maindwari according to Sal 80 and 96, boundary description ?(ii) If so whether the boundary line running by pillars Nos. 41, 42 and 43 has been wrongly fixed during the pre...
Commissioner of Income-tax Vs. Mohinder Singh
Court: Allahabad
Decided on: Jul-07-1980
Reported in: [1983]139ITR160(All)
C.S.P. Singh, J. 1. The Income-tax Appellate Tribunal, Allahabad Bench, Allahabad, had referred the following question for opinion of this court:' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in estimating the concealed income of the assessee at Rs. 3,000 only, even though his total income had been computed at Rs. 25,000 as against the returned income of Rs. 14,768 and in reducing the amount of penalty on that basis '2. The dispute relates to the assessment year 1970-71. The assessee was carrying on business of assembling pumping sets and manufacturing of canal gates. He filed a return showing an income of Rs. 14,768, In the course of inquiry the ITO had found that the assessee had not incorporated accounts relating to 27 vouchers in his account books, and that an amount of Rs. 2,000 paid in cash to M/s. Machinery Spares, Ghaziabad, on March17, 1970, was recorded in his account books subsequently, i.e., on March18, 1970. Some other defects were...
Oriental Fire and General Insurance Co. Ltd. and ors. Vs. Satya Deo Du ...
Court: Allahabad
Decided on: Jul-07-1980
Reported in: [1983]53CompCas583(All)
Sapru, J.1. Bus No. USE 404 was owned by one Ghanshyam Das and was insured with the Oriental Fire and General Assurance Co. Ltd. Its driver was Bhagwan Das. All the three are the appellants before this court. On February 19, 1973, in the afternoon, this bus was running on the route Chirgan to Jhansi. Bhagwan Das was driving the bus. Satyadeo Dubey, aged about 24 years, was travelling as a passenger in the bus. At about 3-30 p.m. this bus collided with a tree at a place between Pahari Burjurg and Gulara. Satya Deo Dubey along with others sustained injuries and was removed to the hospital on February 19, 1973, and remained in the Civil Hospital, Jhansi, till April 10, 1973, on which date he was discharged from the hospital.2. Satya Deo Dubey filed a claim petition claiming Rs. 20,000 as compensation. The Claims Tribunal has awarded him compensation amounting to Rs. 10,000. Out of this amount, Rs. 5,000 have been directed to be recovered from the insurance company and the balance from Sri...
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