Allahabad Court March 1985 Judgments
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Gyan Chand and anr. Vs. Ramesh Chand
Court: Allahabad
Decided on: Mar-18-1985
Reported in: 1985CriLJ1907
ORDERI.P. Singh, J.1. Gyan Chand and another, petitioners have through this petition sought punishment of Ramesh Chand respondent for contempt of court inasmuch as it is alleged that the respondent wilfully committed breach of the undertaking given by him to the court.2. Annexure 1 is the order of this Court passed in Civil Misc. Writ Petition No. 4262 of 1983 Ramesh Chand v. Gyan Chand dated 23-5-1983. The relevant portion of that order reads as follows:The portion marked and signed by me by red ink today in the map (annexure IV) to the counter-affidavit by letters A B C D E F G H shall stand released in favour of the landlords respondents 1 and 2. The peaceful possession of the aforesaid portion shall be handed over by the petitioner tenant as has been undertaken by him today in Court within a period of one month from today. The' remaining portion of the accommodation in dispute shall remain in the tenancy of the petitioner at the same rent, i.e. Rs. 125/- per month. She (he) has him...
Munna Vs. the State
Court: Allahabad
Decided on: Mar-18-1985
Reported in: 1985CriLJ1925
ORDERN.N. Sharma, J.1. This revision is directed against order dt. A 15-2-1982 recorded by Sri M. P. Mathur, learned Sessions Judge, Meerut who dismissed Criminal Appeal No. 8 of 1982 and affirmed the conviction of revisionist under Section 392 of I.P.C. and sentence of one year rigorous imprisonment as recorded by learned Judicial Magistrate 1st Class, Meerut on 23-1-1982 in Criminal Case No. 617 of 1980.2. Revisionist Munna is son of Khairati, resident of Mitanandpur, Police Station Kithaur, District Meerut.3. Prosecution story briefly stated was that on 6-1-1980, at about 11.00 a.m., informant Behari (P.W. 1) had gone to his sugarcane field to cut the sugarcane along with his minor son Pappu (P.W.) aged about 11 years and Pyare (P.W. 3). He left the buffalo cart near the junction of the way leading to village Mitanandpur and Fatehpur in custody of the child, namely Pappu. It was at about 11.00 a.m. that the revisionist along with his associates reached there and threatened Pappu and...
Nagar Mahapalika, Agra Vs. Lajpat Rai Kapoor and anr.
Court: Allahabad
Decided on: Mar-15-1985
Reported in: AIR1985All345
K.C. Agarwal, J.1. These two appeals have been preferred against the judgment of the Presiding Officer, Nagar Mahapalika Tribunal, Agra, delivered in Land Acquisition Case No. 98 of 1961. First Appeal No. 228 of 1974 has been filed by the Nagar Mahapalika, Agra, whereas the connected First Appeal No. 391 of 1974 is that of Lajpat Rai Kapoor (hereinafter referred to as the claimant).2. The brief facts are these. A notification under Section 36 of the Town Improvement Act III of 1919 was published in the U. P. Gazette on 2/-6-1953. This publication of the notification is equivalent to Sub-section (1) of Section 4 of the Land Acquisition Act. This was followed by another notification dt. 13-8-1955 under Section 42(1) of U. P. Town Improvement Act. This notification is equivalent to Section 6 of the Land Acquisition Act. The State Government sanctioned the acquisition as required by U. P. Town Improvement Act and the Scheme.3. Upon the proceedings up to the stage of Section 42(1) being ove...
Bhairo Prasad Vs. Pradeep Kumar Gupta
Court: Allahabad
Decided on: Mar-15-1985
Reported in: AIR1985All366
N.N. Mithal, J.1. This is an execution Second Appeal by the decree-holder against whom the Courts below have found that the decree based on compromise was not executable since it created a new lease in favour of the defendant judgment-debtor.2. The only question that has been canvassed before me in the appeal is that on a true interpretation of the compromise constituting part of the decree, a new lease was neither intended to be created nor one was created and as such it did not suffer for want of registration. Sri R. N. Singh appearing for the appellant has distinguished the Supreme Court decision relied upon by the two Courts below in the light of subsequent decisions of the Supreme Court and also the legal position as interpreted by this High Court.3. Before entering into the legal aspect it would be relevant to have the facts and the compromise which is subject of interpretation here. The appellant filed a suit for ejectment and for recovery of arrears of rent and mesne profits et...
Sridhar (Decd.) (by Lrs. Narendra Dhar) Vs. Commissioner of Wealth-tax
Court: Allahabad
Decided on: Mar-15-1985
Reported in: (1985)48CTR(All)375; [1985]153ITR543(All); [1985]23TAXMAN384(All)
Ojha, J. 1. An appeal was preferred by the asses see-applicant against an order of assessment passed by the WTO in regard to the assessment year 1975-76 before the AAC of Wealth-tax. This appeal was allowed by the AAC and the matter was remanded to the WTO for passing a fresh order of assessment. The applicant did not feel satisfied with the order of the AAC and challenged the said order in appeal before the Income-tax Appellate Tribunal, Delhi Bench 'E', Delhi. The Tribunal dismissed the appeal. However, on an application made by the applicant under Section 27(1) of the W.T. Act (hereinafter referred to as ' the Act'), the Tribunal drew up a statement of case and referred two questions to this court for its opinion. This reference has been numbered as Wealth-tax Reference No. 54 of 1983. It is in this reference that the present application has been made with the prayer that the reassessment proceedings under the orders of the AAC may be stayed pending disposal of the reference in this...
Commissioner of Sales Tax Vs. Madan Mohan Sri Kishan
Court: Allahabad
Decided on: Mar-15-1985
Reported in: [1986]61STC273(All)
Anshuman Singh, J.1. This revision has been filed by the Commissioner of Sales Tax under Section 11(1) of the U.P. Sales Tax Act against the judgment dated 29th May, 1984, passed by the Sales Tax Tribunal, U.P., Kanpur Bench II, relating to the assessment year 1976-77.2. The assessee deals in sabudana, posta-budi, etc. For the year in question its books of account were accepted and it was assessed to a tax of Rs. 45,960.88 on the taxable sales of Rs. 5,99,637.10. The above taxable sales included sales of posta-budi amounting to Rs. 3,26,859.62. The assessing authority has taxed these sales at the rate of 7 per cent. On appeal the learned Assistant Commissioner (Judicial) treating posta-budi as medicinal herb taxed the same at the rate of 6 per cent. Revenue went up in second appeal before the Tribunal which endorsed the finding of the Assistant Commissioner (Judicial) and dismissed the appeal.3. Learned standing counsel appearing for the revenue has contended that the only question inv...
U.P. Lamination Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Mar-14-1985
Reported in: 1985(20)ELT243(All)
R.M. Sahai, J.1. Having heard parties at length we are inclined to grant interim order. But before doing so we propose to give out reasons as the learned senior standing counsel for Union of India vehemently pressed for the same.2. At the outset it may be mentioned that no interim order is granted by this court in either jurisdiction that is, writ or civil unless an application supported by an affidavit is filed and not only prima facie case is made out but balance of convenience is also found to be in favour of applicant,3. The petitioner is a small enterpreneur engaged in activities of lami-native textile fabric and made fabric and duty paid paper. The proprietor of the firm claims to have certain textile industries for 36 years in Ethopia from where he came and invested his savings in building and construction work etc. It is claimed by petitioner that it was granted a lease on easy instalments by UP State Industrial Development Corporation, which also financed for purchase of machi...
Dullah Pal Vs. Bahar HusaIn and ors.
Court: Allahabad
Decided on: Mar-14-1985
Reported in: 1985CriLJ2015
ORDERM. Wahajuddin, J.1. The present petition under Section 482, Cr. P.C. is directed against the order dt. 19-8-1981 of the second Additional Sessions Judge in S.T. No. 133 of 1980. Heard counsel for the parties. It would appear that it was a cross case. The petitioner had also lodged F.I.R. and that F.I.R. related to offence exclusively triable by the Magistrate being under Section 323, I.P.C. but as the cross-case was pending before the Sessions Court the Magistrate committed the present case also to the Court of Session under the provision of Section 323, Cr. P.C. The prosecution side in this case prayed for examining some more witnesses other than those examined in the trial but the Sessions Judge held that only such witnesses who were examined before the Magistrate under Section 202, Cr. P.C. could be examined and no other witness not examined by the Magistrate already can be examined. I may quote Section 323 of the present Cr. P.C.323. Procedure when after commencement of enquir...
Bhagauti Prasad Khetan and Etc. Vs. Laxminathji Maharaj and Etc.
Court: Allahabad
Decided on: Mar-13-1985
Reported in: AIR1985All228
G.B. Singh, J.1. These two connected appeals are against the judgment and decree dt. 25-10-77 passed in O.S.No. 27 of 1964 by Civil Judge, Deoria.2. The deity Laxminathji Maharaj, plaintiff No. 1 was enshrined in a temple of Ram Karan Das situated at Kasalu Jhunjhunu, district Jhunjhumi, State Rajasthan. Ram Bilas was son of Ram Karan Das. Ram Bilas and his five sons Liladhar, Basant Lal, Munna Lal, ChiranjiLal and Madan Lal and three minor grandsons Radha Ballabh, Bhagauti Prasad (deft. 1 and appellant of F. A. No. 52 of 1978) and Chandi Prasad through their guardians dedicated to the deity considerable properties situated at Deoria Uttar Pradesh and various other places, detailed in schedule A at the foot of the plaint by executing a deed of endowment on 1-2-1919. Ram Bilas managed the dedicated properties and affairs of the temple till his death in the year 1936. The following pedigree discloses relationship of Ram Bilas with' the defendants first and fifth sets: Ram Bilas | ______...
Agarwal Wooden Products Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Mar-12-1985
Reported in: [1987]63STC76(All)
Anshuman Singh, J.1. These two revisions have been filed by the assessee under Section 11(1) of the U.P. Sales Tax Act, 1948 (hereinafter referred to as the Act), against the judgment dated 6th August, 1984, passed by the Sales Tax Tribunal, Muzaffarnagar Bench, Muzaffarnagar, relating to the assessment years 1978-79 and 1979-80 arising out of proceedings under Section 21 of the Act.2. The assessee is carrying on the manufacture of wooden products in the shape of battens, wooden round block. The Sales Tax Officer in the original assessment proceedings treated the goods manufactured by the assessee as timber products and imposed tax at the rate of 6 per cent prescribed under the law. Subsequently a notice under Section 21 of the Act was issued by the Sales Tax Officer and assessment order was passed for the aforesaid years treating the goods manufactured by the assessee as electrical goods. The assessee feeling aggrieved against the order of the assessing authority for both the years pr...
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