Allahabad Court November 1981 Judgments
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State of U.P. Vs. Prescribed Authority, Kiccha (Rudrapur) Nainital and ...
Court: Allahabad
Decided on: Nov-13-1981
Reported in: AIR1982All151
ORDERK.P. Singh, J.1. This writ petition is by the State of U. P. against the judgment of Shri D. P. Varshni, Civil Judge, Nainital, dt. 21-2-1977 whereby the appeals preferred by the tenure-holder and his transferees were dealt with.2. A notice u/s. 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Act) was served upon the opposite party No. 2 Mohammad Sharwat Yar Khan in the present writ petition who contested the notice and claimed exclusion of land sold by him and by his divorced wife. It was also alleged that unirrigated land has been shown as irrigated one and it had also been asserted that land sold by sale deeds prior to 24-1-1971 was wrongly held as the tenancy of the tenure-holder on 8-6-1973 and various other pleas were taken.3. The prescribed authority through its judgment dt. 22-5-1976 declared 43.65 hectares of irrigated land as surplus area of the tenure-holder as is evident from Annexure 1 attached with the writ petition. The...
Gajanand Sutwala Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Nov-13-1981
Reported in: (1982)27CTR(All)103; [1982]133ITR520(All); [1982]9TAXMAN202(All)
C.S.P. Singh, J. 1. The Income-tax Appellate Tribunal, Allahabad Bench, Allahabad, has referred the following question for our opinion :'Whether for purposes of imposing penalty under Section 271(1)(c), the Tribunal was right in holding that the income shown in the return should, be taken into consideration ignoring the share of income from various other firms, which the assessee had disclosed in the return without indicating the figures of profit or loss '2. The assessee is an HUF and derives income from various sources including share income from firms. In the assessment year 1964-65 with which we are concerned in the present reference, it filed a return in which it disclosed the extent of its interest in two firms, M/s. Hanuman Dass Kasari Prasad, Kanpur, and M/s. Mahabir Yarn & Co., Kanpur. There was a note in the relevant column of the return to the effect that the accounts of these firms were not finalized. It appears that as the accounts of these firms were not ready, and the as...
Qudrat Ullah Vs. Mohammad YasIn and ors.
Court: Allahabad
Decided on: Nov-12-1981
Reported in: AIR1982All98
Deoki Nandan, J.1. This is a plaintiff's second appeal in a suit for pre-emption. The plaintiff Qudrat Ullah and the third defdt. Smt. Akhtari Begum were said to be the co-owners of a house of which a Kotha was sold by the third defendant to defendants Nos. 1 and 2 by a sale deed dated 13th July. 1970, registered on 18th July, 1970. The plaintiff alleged that he himself had sold a half share in the house to the third defendant some three years before the suit, that is, some time in the year 1968 for Rs. 750/- that the plaintiff and the third defendant were in joint possession of the house, but for some time past the plaintiff was living at Delhi in connection with his business and that when he visited Amroha during the mango season, in 1971, he found the defendants Nos. 1 and 2 to be in occupation of a portion of the house. The plaint proceeds On to allege that the plaintiff thereupon inquired from the defendants Nos. 1 and 2 as to how they were living in the house, but he did not get ...
State of Uttar Pradesh Vs. Har Pal Singh
Court: Allahabad
Decided on: Nov-12-1981
Reported in: 1982CriLJ881
ORDERM. Wahajuddin, J.1. By his order dated 23-8- 1980 Sri Ram Swarup, the then III Additional Sessions Special Judge, Etawah, has discharged the opposite party accused person, Haripal Singh. The State has prayed that the accused person be convicted and sentenced, maintaining that the impugned order is illegal, improper and perverse. Two revisions have been prefered by Braj Krishna Tandon. In revision No. 1464 of 1980 the prayer is that the order dated 16-6-1980 passed by Sri D. S. Ram, the then Special Judge be set aside and the court be asked to direct the Investigating Officer to submit charge-sheet, after obtaining the necessary sanction, in the second Revision No. 1465 of 1980 the prayer is that the order dated 23-8-1980 (supra) be set aside (and) the special Judge be directed to take cognizance on the basis of the charge-sheet. It is also prayed that this Court may pass further orders as it deems fit.2. No one has appeared on behalf of the opposite party, Harpal Singh. I have hea...
Anil Kumar Agarwal and ors. Vs. the State Transport Appellate Tribunal ...
Court: Allahabad
Decided on: Nov-10-1981
Reported in: AIR1982All114
ORDERS.D. Agarwal, J. 1. These are six connected writ petitions arising out of the same order. Since common questions of fact and law arise in all these petitions and they relate to the same route, the same are being decided by a common Judgment.2. The route in question is Manglaur Asafnagar-Jhabrera Ramnagar Deoband Bargaon Nanauta-Gangoh-Lakhnauti (hereinafter referred to as the route), By a notification dated 7-5-74 the Regional Transport Authority, Dehradun, invited applications for the grant of regular stage carriage permits on this route, The length of the route is about 83 kilometers. The Regional Transport Authority fixed the strength of the permits to be issued at 22. The result was that there were nine vacancies and only nine permits were to be granted, In all 279 applications were made for the grant of the permit including the present petitioners. The Regional Transport Authority, Dehradun, considered all the applications in the meeting held on 9th to 12th Oct., 1974. The or...
Abdul Ghafoor Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-09-1981
Reported in: AIR1982All145
ORDERB.N. Sapru, J.1. This writ petition is directed against a decision of the District Judge, Aligarh in Urban Land Ceiling Appeal No. 4 of 1979.2. The Competent Authority under the Urban Land (Ceiling and Regulation)Act, 1976, had determined that the petitioner possessed 5874,16 square metres of vacant land beyond the ceiling limits applicable to him which was declared surplus by him.3. Aggrieved, the petitioner had filed an appeal which has been dismissed.4. In this writ petition the learned counsel for the petitioner contends that the plots Nos. 2737, 2738 and 2739 have been wrongly held to be possessed or held by the petitioner. It was urged before the District Judge that the petitioner had surrendered his tenancy right well before the appointed day in favour of Yakub who was the Zamindar of the property. In support of his case the petitioner had filed a copy of the registered deed of surrender registered on 3-1-1957 executed by him in favour of Yakub who had become the Zamindar o...
Beni Prasad Vs. the District Judge, Allahabad and ors.
Court: Allahabad
Decided on: Nov-06-1981
Reported in: AIR1982All103
ORDERM.P. Mehrotra, J.1. Both these petitions are connected. They arise out of the proceedings under the Urban Land (Ceiling and Regulation) Act 1976.2. The facts in brief are these. The two petitioners in the two separate petitions are co-owners of plot No. 530/1 situated in the Allahabad Urban Agglomeration to the extent of 1/2 each. The proceedings took place under Section 6(1) of the Act and thereafter the draft-statement in the case of each petitioner were issued under Section 8(3) of the Act, to each of the two petitioners in case. Thereafter objections were filed and they were decided by the competent Authority. The relevant orders have been annexed to the writ petitions Thereafter, appeals were filed and they were decided by the Dist. Judge, Allahabad as the appellate authority. Both the appeals were dismissed. The appellate judgments are also on the record.3. Feeling aggrieved, the two petitioners in their separate petitions have come up to this court under Article 226 of the ...
Oriental Fire and General Insurance Co. Ltd. and ors. Vs. Ghanshyam Da ...
Court: Allahabad
Decided on: Nov-05-1981
Reported in: [1983]54CompCas864(All)
B.N. Sapku, J. 1. This appeal filed by the Oriental Fire and General Insurance Co. Ltd. arises out of a claim petition filed by Ghanshyam Das, a minor, through his father, Sita Ram, as next friend, on September 2, 1972.2. The claim petition was filed on the allegations that Ghanshyam Das was returning to his house at about 10.00 a.m. on February 14, 1971, near Talbahat, after taking a bath in the tank. He was moving an Thanri-Lalitpur road towards Jhansi, when bus No. USG 2474, driven by Purshottam Das, came from behind. As a result of rash and negligent driving on the part of Purshottam Das, the bus hit Ghansyam Das and he was run over. The consequence of the injuries sustained by Ghanshyam Das was that his right leg had to be amputated. The claimant claimed Rs. 50,000 as compensation.3. This claim petition was contested by Munna Lal, the owner of the bus, Purshottam -Das, the driver of the bus, and the appellant-insurance company. They all claimed that the accident was (not ?) due to...
The Commissioner, Sales Tax Vs. Arora Material Store
Court: Allahabad
Decided on: Nov-05-1981
Reported in: [1982]51STC235(All)
V.K. Mehrotra, J.1. The Commissioner of Sales Tax has approached this Court in the present revision on account of the decision by the Sales Tax Tribunal, affirming that of the Assistant Commissioner (Judicial), Sales Tax, that cotton-coated fabric is unconditionally exempt from the levy of sales tax under the U. P. Sales Tax Act (for brief, the Act) on account of Notification No. ST-4064/ X-960(4)58 dated 25th November, 1958, issued under Section 4 of the Act. The assessing authority has assessed the turnover of the dealer-opposite party of the commodity in question as an unclassified item on its view that it fell outside the scope of that notification.2. The year is 1971-72. There is no dispute that the commodity, which is in issue, has as its base cotton fabric. According to the dealer, it is nothing but cotton fabric which has been impregnated with preparations of cellulose derivatives or other artificial plastic materials. The assessing authority noticed in its order that even thou...
Nagarwali Devi and ors. Vs. Girjapati Tewari and ors.
Court: Allahabad
Decided on: Nov-04-1981
Reported in: AIR1982All80
Deoki Nandan, J.1. This is a plaintiff's second appeal in a suit for a perpetual injunction prohibiting the defendants from interfering with the possession of the first plaintiff deity, through the second plaintiff its Sarvarkar, over the temple and land of plot No. 871 of the village concerned with trees, and the amount of offerings in any manner whatsoever. The temple is a public temple. The land and the property belonged to the deity. The dispute between the parties relates to the shebaiti rights. The second plaintiff claimed to have been the Sarvarakar for the last about thirty-five years having been appointed, as such, by the earlier Sarvarakar, Laxmipati. According to the plaintiffs it was an ancient temple. The Sarvarakar also worked as the Pujari and arranged for the Rag Bhog, Dhup Deep and Pujan Archa of the deity. The offerings belonged to him, and. according to the custom of the endowment, the Sarvarakar nominated his successor during his lifetime or by will. Further accordi...
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