Allahabad Court September 1981 Judgments
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Badre Alam Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Sep-17-1981
Reported in: 1982CriLJ132
H.N. Seth, J.1. By this petition under Article 226 of the Constitution petitioner Badre Alam. whose brother Nishat Alam is being detained under the provisions of Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA ACT) in pursuance of the order dated 29th of April 1981 pass- ed by the State Government, questions the validity of Nishat Alam's detention and prays that the respondents be directed to set him at liberty forthwith.2. The facts which are no more in dispute between the parties are that Nishat Alam was arrested and the order dated 29-4-1981 passed by the State Government authorising his detention along with the grounds therefore, was served upon him on 8th of July, 1981. A representation dated 9th of July, 1981 addressed to the Joint Secretary. U. P. Government in regard to the aforesaid, detention order passed by the State Government was sent by Nishat Alam by registered post from the District Jail, Bareilly where he ...
Virendra Kumar Nayak Vs. the Superintendent of Naini Central Jail and ...
Court: Allahabad
Decided on: Sep-17-1981
Reported in: 1982CriLJ1
H.N. Seth, J.1. By these two petitions under Art. 226 of the Constitution, petitioners Virendra Kumar Nayak and Yati Kumar Varma question the validity of their continued detention under the provision of the National Security Act authorised by the District Magistrate, Gorakhpur, vide his orders dated 30th April, 1981. As these petitions can be disposed of on common grounds, they are being dealt with together and are being disposed of by a common judgment.2. Both the petitioners were arrested by the police on 29th April, 1981. While they were confined in the District Jail at Gorakhpur, they were, on 30th April, 1981, served with two different orders of the same date authorising their detention under Section 3(2) of the National Security Act. Whereas the grounds for the detention of petitioner Yati Kumar Varma were served upon him on 2nd May, 1981 those for the detention of petitioner Virendra Kumar Nayak were served upon him on 6th May^ 1981. The District Magistrate reported the matter t...
Kartar Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-17-1981
Reported in: 1982CriLJ638
H.N. Seth, J.1. By this petition petitioner Kartar Singh impugns the validity of his continued detention directed by the District Magistrate, Saharanpur vide his order dated 14th of July, 1981 passed Under Section 3 of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act,2. One of the grounds raised by the petitioner for challenging the validity of his continued detention is that there has been a contravention of the provisions contained in Section 10 of the Act Accordingly, we proceed to state only such facts which have a bearing on this aspect of the case,3. The petitioner was actually arrested in pursuance of the order dated 14th of July, 1981 on 20th of July, 1981. The petitioner made a representation against his detention on 31st of July, 1981 which was received by the State Government on 7th of Aug. 1981. The same day after receiving the representation, the State Government placed before the Advisory Board, the grounds on which the order had ...
Lala Sri Ram Vs. Lala Parshadi Lal (Deceased Through His L.Rs.)
Court: Allahabad
Decided on: Sep-16-1981
Reported in: AIR1982All60
R.R. Rastogi, J.1. These two appeals are inter-linked and may be conveniently taken up together.2. The following pedigree is relevant for the appreciation of the case. GHASI RAM _____________________|_____________________ | | | Genda Mal Madho Ram Bhikhari Das D. 11 | | | ___________|____________ Thakur Das Ram Swarup | | | (Died issueless) D. 12 Shyam Kunj Lal | Govind Bahari Behari ____________ |_____________________ | | | | Sri Ram Sita Ram Ram Ram P. 1 P. 2 Govind Auter P. 3 P. 43. Sahu Har Prasad and Raja Radha Raman of Pilibhit had an oil mill at Pilibhit. At the same time Ghasi Ram and Bhikhari Das was a firm carrying on business in food grains of a long standing at Pilibhit. This firm entered into a partnership with Sahu Har Prasad and Raja Radha Raman under an instrument of partnership executed on 20-1-1926. The management of the oil mill was entrusted to the firm. It appears that the business did not prosper and there were Josses and as on 12-5-1934 when accounts were taken ...
Mehdi Hasan Vs. Ram Ker
Court: Allahabad
Decided on: Sep-16-1981
Reported in: AIR1982All92
V.K. Mehrotra, J. 1. This is a plaintiff's second appeal who has lost in both the courts below.2. Plaintiff Mehdi Hasan brought a suit for cancellation of a sale deed dated May 13, 1966 by which one Smt. Khatibunnisa transferred plots Nos. 226-Ka and 226-Kha with a total area of 1.451 acres to defendant-respondent Ram Ker for a sum of Rs. 2500/-. The case of the plaintiff was that Khatibunnisa was the widow of his brother Abbas. The share of Abbas in the property was inherited by the widow. The widow brought a suit in the year 1960 (being suit No. 183 of 1960) against the plaintiff for an injunction restraining him from interfering with her possession in the share in the plots inherited by her as a widow. On July, 18, 1960 according to the plaintiff, a compromise was entered into between the widow and himself under which the widow accepted the stipulation of having life interest alone in theshare inherited by her in lieu of payment of some amount. This compromiseis Exhibit 2 on the rec...
Commissioner of Sales Tax Vs. Vishnuchandra VipIn Chandra
Court: Allahabad
Decided on: Sep-16-1981
Reported in: [1982]50STC345(All)
R.M. Sahai, J.1. In this revision filed by the Commissioner of Sales Tax an issue of some importance in respect of rejection of account books for non-issuance of cash memo for petty sales arises for consideration.2. The assessee carried on the business of cement, oil, mobile oil, etc., in the assessment year 1973-74. Its premises were surveyed on 25th May, 30th July and 9th September, 1973. No adverse material was found. But its account book was rejected because of higher consumption of electricity and failure to issue cash memos in respect of sales of Rs. 94,000 out of gross sales of Rs. 15,23,892.38. In appeal the explanation of the assessee of higher consumption of electricity due to wear and tear of machinery which was thirty years old was accepted. It was also held that in the earlier year even higher consumption than that shown in the year in dispute was accepted. The appellate authority further did not find any reason to reject the account books for failure to issue cash memo fo...
Jai Shankar Pd. Vs. Jagdish Upadhaya and ors.
Court: Allahabad
Decided on: Sep-15-1981
Reported in: AIR1982All12
Deoki Nandan, J. 1. Ram Das, who was the second plaintiff in the suit and respondent No. 8 in the appeal, died during the pendency of the appeal in the lower appellate court but no application for substitution was made within limitation by Jai Shankar Prasad, the son of the first plaintiff Ram Prasad who alone had appealed from the decree of the trial court dismissing the suit. After the death of Ram Das, an application was made by the respondents before the lower appellate court, praying that the appeal be declared to have abated as a whole. According to the plaintiff-appellant, Ram Das was a pro forma respondent and the appellant had the right to prosecute the appeal and to have it heard in spite of his death and without substituting his heirs and legal representatives. An application under Order XXII, Rule 9 of the Civil P. C. accompanied with an application under Section 5 of the Limitation Act was also moved by the plaintiff-appellant in the lower appellate court for setting aside...
Shashi Kant Mall Vs. Vice-chancellor and ors.
Court: Allahabad
Decided on: Sep-15-1981
Reported in: AIR1982All56
K.C. Agrawal, J.1. Shashi Kant Mall the petitioner, passed the Intermediate Examination conducted by the U. P. Board of High School and Intermediate Education in Science in First Division securing 75.6% marks in the subjects offered by him. He applied for admission in Bachelor of Technology (Civil) in G. B. Pant Krishi Evam Pra-tiyogik Vishwavidyalaya, Pantnagar (Naini Tal) (hereinafter referred to as the 'Pantnagar University').2. On 28-7-1980, the petitioner learnt that he had not been admitted to the Course. Immediately, the petitioner contacted the University Authorities and found that as the petitioner had passed the Intermediate Examination, which is the prescribed minimum eligibility examination, in two attempts 3 per cent marks were liable to be deducted from the overall percentage of marks secured by him in the eligibility examination for determining his merit for admission. The petitioner submmitted an application clarifying that he had not passed the prescribed minimum eligi...
Bashir Ahmad Vs. Menhdi Hasan
Court: Allahabad
Decided on: Sep-15-1981
Reported in: AIR1982All321
ORDERT.S. Misra, J.1. This revision arises in thefollowing circumstances.2. Bashir Ahmad, the present revisionist had filed a suit against the present opposite parties being Suit No. 228 of 1971 in the Court of Munsif Gonda. That suit was decreed by the Court of II Addl. Munsif, Gonda, on 9-12-1972. The reliefs sought for in the plaint and allowed by the court were as follows :--(a) A decree for permanent injunction to restrain the defendants from closing the drain of the plaintiff shown by letters H I in the plaint and the passage shown by dotted lines in the plaint. (b) A decree for permanent injunction directing the defendants to remove the foundation which they had, illegally dug over land K. L. M and close the door. (c) A decree for permanent injunction restraining the defendants from interfering with the possession of the plaintiff over the Sahan Darwaza shown by letters AB P N. (d) Any other relief which the court deem fit and proper. (e) Costs of this suit.The suit was decreed ...
M.K. Dar Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Sep-14-1981
Reported in: (1982)26CTR(All)165; [1982]138ITR801(All); [1982]8TAXMAN176(All)
Satish Chandra, C.J. 1. This reference relates to the assessment years 1959-60 to 1965-66. 2. It appears that for the aforesaid assessment years, M.K. Dar was assessed to income-tax in the status of an individual in respect of a half share of the income from Jeewan Cinema. Similarly, P.K. Dar and R. K, Dar were assessed to income-tax as individuals for the aforesaid years in respect 'of their 1/4th share each of that income. 3. Subsequently on March 5, 1966, the ITO, Special Survey Circle, Agra,issued notices under Section 148 of the I.T. Act, in respect of these years Seekingto assess them in the status of an 'association of persons' in respect of theincome from Jeewan Cinema. The assessees contested the matter. TheITO, however, repelled their objections and assessed them in the status ofan 'association of persons.' 4. The assessees went up in appeal. The AAC by an order of April 30, 1969, annulled the assessments on the ground that when individual members had already been assessed on...
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