Allahabad Court November 1981 Judgments
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Prema Devi and anr. Vs. Deputy Collector (Collection), Sales Tax and o ...
Court: Allahabad
Decided on: Nov-19-1981
Reported in: [1982]50STC45(All)
C.S.P. Singh, J.1. The dispute in the present case relates to certain claims of adjustment of sales tax made by the petitioners on the ground either that they have been paid earlier or on the ground that the liability has been reduced either in appeal or in revision. The petitioners' contention is that the properties of the petitioners should not be sold till such time that the adjustments claimed are not finally adjudicated by the department. We are of the view that the contention is justified.2. We accordingly direct that the petitioners should file this claim for adjustment along with all supporting materials before the Sales Tax Officer, Firozabad, within a period of two months. On the aforesaid claim and evidence being filed the Sales Tax Officer, Firozabad, should dispose it of within a period of one month thereafter. The petitioners should deposit the amount determined within a period of two months from the date of the determination. On the deposit of the money due after adjustm...
Fateh Mohammad Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-19-1981
Reported in: 1982CriLJ388
ORDERM. Wahajuddin, J.1. The applicant has moved this application Under Section 482, Cr. P. C, praying that the order of attachment dated 6-9-1979 passed by the then City Magistrate, Gorakhpur, in Case No. 61 of 1979 be quashed.2. It. would appear that a civil litigation is also pending in the Court of Civil Judge, I, Gorakhpur, namely, Original Suit No. 138 of 1979, vide its order dated 24-9-1979 (Annexure '3' to the application), the Civil Judge directed that the parties are restrained from dispossessing defendant No. 5, i.e., Fateh Mohammad, from the disputed property otherwise than in due course of law. It was further observed that the possession of the defendant No. 5 cannot be disturbed with the help of criminal court's findings or direction passed in proceedings Under Section 145, Cr. P. C-, which is at present pending.3. Reliance was placed upon a single Judge decision in Bipta v. Dwarka 1961 All LJ 873. In that case there was a recent decree of the civil court declaring one pa...
Pera Khatika and anr. Vs. Lal Behari and anr.
Court: Allahabad
Decided on: Nov-18-1981
Reported in: AIR1982All82
V.K. Mehrotra, J.1. This is a defendants' second appeal against whom a decree for their ejectment from House No. B-26/24 situate in Mohalla Nawabganj in the city of Varanasi has been passed by the lower appellate court. The suit had been dismissed by the trial court.2. The house belonged to Hiralal, the father of appellant Pera. One Dwarika Sahu obtained a decree for recovery of a sum of Rs. 254/- from Hiralal from the Court of Judge, Small Causes. This was on Apr. 14, 1951. An application for execution of the decree was made on Feb. 1. 1954 before the City Munsif, Varanasi which was registered as Execution Case No. 64 of 1954. The house was attached during execution proceedings on March 26, 1954 and put to auction sale on Nov. 19, 1954. The decree holder himself was the auction purchaser but since he did not deposit the purchase money within the prescribed period of limitation, the auction sale was cancelled on Dec. 17, 1954. Mean while, Section 42 of the Civil P. C. came to be amende...
Sushil Kumar Sen Vs. Ram Chandra Sharma (Deceased by L. Rs.)
Court: Allahabad
Decided on: Nov-18-1981
Reported in: AIR1982All129
Deoki Nandan, J.1. This is a plaintiff's second appeal in a suit for cancellation of a Danparta dated 22nd June, 1945 executed by the second defendant Hirendra Nath Sen in favour of the first defendant Ram Chandra Sharma in respect of the plaintiffs' 1/3rd share of the two houses specified at the foot of the plaint and situated at Mohalla Alinagar of the City of Gorakhpur and for partition of the plaintiffs' 1/3rd share therein and separate possession over the same.2. The plaintiffs Sushil Kumar Sen and Arun Kumar Sen and the third defendant Hirendra Nath Sen are the sons of Baidya Nath Sen. The third defendant Shambhoo Nath Sen and Baidya Nath Sen were brothers being the sons of Kanti Chandra Sen. The family was governed by the Dayabhaga School of Hindu Law. Kanti Chandra Sen was a reputed physician of Gorakhpur and was the owner in possession of the two houses in suit. He died in the year 1918. Shambhoo Nath Sen and Baidya Nath Sen had mortgaged the two houses in favour of Smt. Uttma...
Omega Sports and Radio Works Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Nov-18-1981
Reported in: (1982)28CTR(All)80; [1982]134ITR28(All); [1982]9TAXMAN193(All)
R.R. Rastogi, J.1. This is a reference under Section 256(1) of the I.T. Act, 1961 (hereinafter ' the Act '). The brief facts are these, M/s. Omega Sports & Radio Works, Gorakhpure, hereafter ' the assessee ', was a registered firm of three partners. On August 19, 1968, two of the partners retired and with effect from the following date, i.e., August 20, 1968, the surviving partner and one another formed the partnership. For the assessment year 1969, the previous year ended on March 31, 1969, the assessee filed two returns and in respect of the first period claimed renewal of the registration and for the latter period a fresh registration. The ITO being of the opinion that there was a change in the constitution of the firm with effect from August 20, 1968, made one assessment for the entire year in the status of a registered firm. The income of the two periods aforesaid was allocated amongst the partners of the firm as existing during the two periods respectively and allowed renewal of ...
U.P. State Electricity Board and anr. Vs. Jhagreshwar Prasad and anr.
Court: Allahabad
Decided on: Nov-18-1981
Reported in: (1982)ILLJ373All
V.K. Mehrotra, J.1. This petition under Article 226 of the Constitution challenges an order passed by the Labour Court II, Kanpur (respondent No. 2) on April 30, 1977 under Section 33C(2) of the U. P. Industrial Disputes Act directing the petitioners to pay a sum of Rs. 3477 to the first respondent (Jhagreshwar Prasad) for having worked as a clerk from April, 1971 to October, 1974. A copy of the order has been appended as Annexure I to the writ petition, The two petitioners are the U. P. State Electricity Board and the Kanpur Electricity Supply Administration, Kanpur.2. Annexure 2 to the writ petition is a copy of the application made by the first respondent under Section 33 C (2) of the U. P. Industrial Disputes Act (for brief, the Act). The first respondent asserted therein that he was appointed as a coolie in the year 1969 but in reality he had worked as a clerk from the year 1971 to 1974 as required by the petitioners. He was, consequently, entitled to receive salary of a clerk at ...
Ram Khelawan Misra Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Nov-17-1981
Reported in: AIR1982All283
ORDERA. Banerji, J.1. This writ petition has been filed by the petitioner Ram Khelawan Misra, a resident of village Samgara Tahsil and Police Station Baberu district Banda, against the orders passed by the District Magistrate, Banda, dated 12th Jan. 1979 and the Commissioner, Jhansi Division, jhansi, dated 30th Mar. 1979 refusing to grant a licence for a rifle to the petitioner. The petitioner has challenged the order passed by the District Magistrate on the ground that the order is not in accordance with law and the reason given by the District Magistrate that the need of the applicant is not genuine is not a valid ground for refusing the licence. The order of the Commissioner in appeal has also been challenged on the same ground. 2. A counter affidavit has been filed on behalf of the respondents in which ii was stated that the impugned order was passed after carefully going through the record and after hearing the learned counsel for the petitioner and keeping in view all facts and c...
Rashid and ors. Vs. Mst. Batulan Bibi and ors.
Court: Allahabad
Decided on: Nov-16-1981
Reported in: AIR1982All111
S.J. Hyder, J. 1. This appeal is sought to be supported on two grounds. In the first place it has been pressed upon me that the oral gift relied upon by defendant-respondents 1 and 2 was in effect a sale as it had been made in lieu of dower debt. It was urged that the alleged gift being of property of a value of more than Rs. 100/- is required to be registered and could not be taken into consideration in view of Section 54, T. P. Act. and Section 49, Registration Act.2. It is next submitted that the finding recorded by the court of appeal with regard to the alleged gift is perverse as it is not supported by any reliable evidence.3. The facts of the case lie in a narrow ambit. One Kadir left behind five sons including the plaintiff-appellantsRashid and Majid. Hamid was the third son who died issuless leaving behind a widow Smt. Batulan, who was impleaded as defendant 1. Mukhtar and Umar were the remaining two sons of Kadir. Out of them Mukhtar has been implead-ed as defendant 3. Umar ha...
Ram Priya Saran Vs. Ghan Sham Das and anr.
Court: Allahabad
Decided on: Nov-14-1981
Reported in: AIR1981All184
Deoki Nandan, J.1. This is a defendant's second appeal in a suit for recovery of Rs. 2,700/-. Of the two defendants only the second defendant who is the appellant in this Court contested the suit. The suit was decreed for recovery of Rs. 2,300/- by trial court with proportionate costs and that decree has been confirmed by the lower appellate Court.2. In this case the fact that the amount decreed was paid by the plaintiff to the defendant was not disputed. The dispute related to the terms and the purpose for which the money was advanced. The iurisdiction of the court was also disputed on the ground that the agreement between the parties was completed outside the limits of the territorial jurisdiction of the court.3. The two questions raised before the lower appellate Court were; firstly; whether the agreement between the parties took place at Shankaragarh or it took place at Devendra Nagar. and whether the amounts were advanced at Shankargarh or at Naugaon and Devendranagar; and secondl...
Peerzada Ahmad Saleem Khan Vs. Vice-chancellor, Aligarh Muslim Univers ...
Court: Allahabad
Decided on: Nov-13-1981
Reported in: AIR1982All76
K.C. Agarwal, J. 1. This petition filed under Article 226 of the Constitution challenges the order of the Vice-Chancellor, Aligarh Muslim University, Aligarh dated Aug. 7, 1981. The relevant portion of the said order is extracted below :'On the recommendation of the Disciplinary Committee, the following, students are expelled with immediate effect for the periods specified against each for the acts of indiscipline committed by them : Name Period forwhich expelled1. Mr. Irfanullan Khan,Student of M. Lib.Science, M. M. Hall Five Years2. Mr. Saleem Ahmad KhanPeerzada alias Lovy,Student of B. Sc.Enggd. 1st Yr.N. R. S. Hall, AMU Five Years.'2. The petitioner was a student of B. Sc. Engg. having been admitted in the year 1974. He was studying in IV year of B. Sc. Engg. in the year 1981. The petitioner was served with a show cause notice dated 18th July, 1981 by the Vice-chancellor of the Aligarh Muslim University, Aliagarh. This notice stated that the petitioner was guilty of having incited ...
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