Court : Allahabad
Reported in : AIR1954All245
Mootham, J.1. This is a petition under Article 226 of the Constitution. The petitioner, Sri Audesh Pratap Singh, and respondents Nos. 4 to 11 were candidates for election to the Uttar Pradesh Legislative Assembly from the Bikapur East General Constituency in the district of Faizabad at the last general election, and on the 3rd February, 1952, the petitioner was declared by the Returning Officer to be duly elected. On the 14th May the respondent No. 4, Sri Mahadeo, filed an election petition challenging the election of the petitioner on a number of grounds including the exercise of undue influence on the electors in a large number of villages in the constituency.2. The election petition was referred to an Election Tribunal sitting at Gorakhpur of which the first respondent is the Chairman and the second and third respondents are members. Objection is taken in the petition now before us to two orders passed by the Election Tribunal. In his petition before the latter body Sri Mahadeo clai...
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All342
Agarwala, J. 1. This is an application praying that the opposite parties be committed for contempt of Court and be dealt with according to law. The opposite parties are two persons, Chau-dhari Balbir Singh and Sri Balswarup Gupta. Chaudhari Balbir Singh is the Managing Editor, publisher and printer of an Urdu Weekly known as 'Hindustan Weekly, Meerut' and opposite party 2, Balswarup Gupta is alleged to be the Editor in charge of the paper. The applicant is a thekedar of a country liquor shop at Muzaffar-nager. He acquired the theka at a public auction held on 22-3-1951, for a period of one year. He was the thekedar of country liquor in the previous year also. On 6-2-1951, the Tahsildar seized some bottles containing liquor on suspicion that the liquor was diluted. As dilution of liquor was in contravention of the terms of the licence, a case under Section 64, Excise Act, was started on 6-4-1951against the applicant after permission had been obtained for the same from the District Magis...
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All618; 1960CriLJ1290
Tandon, J.1. The petitioner who is Gaya Prasad Misra was a member of the Police Force in this State. He entered service sometime in 1935 as a Constable but was working as Station Officer Incharge Police Station Misrikh in 1952. While posted in Sitapur district where Misrikh is situate he appeared to have purchased a house for Rs. 8000/- in the name of his wife. Admittedly he did not inform the higher authorities, as was necessary under Rule 11 of the Government Servants' Conduct Rules, about the purchase of this house.He was accordingly asked by the Superintendent of Police on 18-12-1953 about this purchase and he was also suspended with effect from the same date. On 10-4-1953 he was served with a charge sheet also under Section 7 of the Police Act accusing him of several charges in which he was blamed of having accepted illegal gratification besides purchasing the above house.A case under Sub-section (2) of Section 5 of the Prevention of Corruption Act of 1947 was also registered agai...
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All715
Nasirullah Beg, J. 1. This is a writ petition praying for the issue of a writ of certiorari quashing the judgment and proceedings of an Election Tribunal. The dispute in connection with which the case before the Election Tribunal arose related to the election of members of ward No. 3 of Pilibhit Municipality. This ward is a two member constituency. The election for membership is said to have been held on 26-10-1953. The following four persons were rival candidates for membership of Pilibhit Municipality from the said ward: (1) Sri Bhushan Saran who is the applicant in this writ petition; (2) Sri Rameshwar Dayal Gupta; (3) Sri Shankar Lal; and (4) Sri Hargopal Agarwal. On 29-10-1953 the result of the said election was announced. Sri Shankar Lal was found to have obtained 954 votes while Sri Bhusan Saran, Sri Hargopal Agarwala and Sri Rameshwar Dayal Gupta were found to have secured 700, 697 and 544 votes respectively. As a result, Sri Shankar Lal and Sri Bhushan Saran were declared d...
Tag this Judgment!Court : Allahabad
Reported in : [1986]17ITD906(NULL)
ORDERPer Shri A. K. Das, Judicial Member - By these three appeals, the department challenges the order of the Commissioner (Appeals), dated 10-2-1982 by which he sets aside the penalties imposed on the assessee for the assessment years 1974-75 to 1976-77. The appeals are opposed by the assessee.2. On 26-10-1974 the assessee filed return of income for the assessment year 1974-75 for the first time. He declared an income of Rs. 5,200 and assessment under section 143(1) of the Income-Tax Act, 1981 (the Act) was made on the same day, i.e., 26-101974. Again on 25-11-1974 another return showing an income of Rs. 8000 for the assessment year 1974-75 was filed by the assessee. An assessment on the income of Rs. 9,000 under section 143(3) was made on 6-2-1975. Return for the assessment year 1975-76 showing an income of Rs. 8,500 was filed on 31-7-1975 and return for the assessment year 1976-77 showing an income of Rs. 13,000 was filed on 22-7-1976. On 15-9-1976 the assessee again filed revised r...
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All420
Agarwala, J.1. This is an application against an order of the Judge, Small Cause Court, Allahabad, rejecting an application for the setting aside of an ex parte decree,2. An ex parte decree was passed against the applicant on 20-1-1949. On 4-2-1949 the applicant made an application in which the prayer was as follows:'It is, therefore, prayed that the Court be pleased, after directing the applicant if it approves of the security bond regarding its sufficiency or otherwise, to restore the case to its original number so that the defendant may contest the claim which is entirely incorrect.'3. Along with the application the draft of a security bond was filed. On the same date the Court passed the following order: 'Allowed to file security. Ask for plaintiff's objection if any.' Accordingly, on 19-2-1949, the applicant filed a security bond in terms of the draft submitted by him. Notice was then issued upon the application for the setting aside of the ex parte decree to the plaintiff. When t...
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1630
S.U. Khan, J.1. This is tenant's writ petition. Original landlord respondent No. 3 R.N. Shukla since deceased and survived by legal representatives filed suit for eviction against tenant Gajadhar Prasad who died during the pendency of the proceedings before the Courts below and was survived by petitioner and pro forma respondents No. 4 to 6. The suit was Hied before Munsif City, Kanpur in the form of O.S No. 508 of 1969. The suit was later on transferred to the Court of IV Additional Munsif, Kanpur by District Judge through order-dated 28.5.1970. After coming into force of U.P. Civil Laws Amendment Act of 1972, District Judge transferred the suit to the Court of Additional JSCC, Kanpur who decreed the same on 7.11.1973. Against the said judgment and decree Civil Revision No. 223 of 1973 was filed. II Additional District Judge, Kanpur through judgment and order dated 17.1.1976, allowed the revision only on the ground of lack of jurisdiction on the part of Additional JSCC. U.P. Civil Law...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006(1)MPHT98(CG)
Vijay Kumar Shrivastava, J.1. This second appeal is directed against the judgment and decree dated 2-4-1990 passed by 1st Additional District Judge, Raigarh in Civil Appeal No. 43-A/89, by which the appeal filed by the defendant against the judgment and decree dated 6-10-1987 passed by IIIrd Civil Judge, Class II, Raigarh, in Civil Suit No. 33- A/87 decreeing the suit for eviction, has been dismissed.2. Sagar Mal Agrawal filed a suit for eviction against defendant Mahesh Prasad on the ground that the suit accommodation occupied by the defendant Mahesh Prasad in the capacity of tenant is required by him for residential purpose of his own and his family members and is required bonafide. He has not other suitable house in his occupation at Raigarh. Mahesh Prasad contested the claim and averred that the house in occupation of Sagar Mal Agrawal is double storey consisting 18-20 rooms and is sufficient for residence of Sagar Mal Agrawal and his family members.3. Learned Trial Court, after du...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(2)MPHT191; 2008(1)MPLJ396
ORDERAbhay M. Naik, J.1. This petition under Article 227 of the Constitution of India has been preferred against the order dated 9-4-2007 contained in Annexure P-5.2. In a suit for eviction from residential premises, ejectment has been sought in respect of a part of the premises for non-residential need of wife of plaintiff No. 1 which is not permissible in law. For remaining part, ejectment was sought for the residential need of plaintiff No. 2. It is pertinent to note that plaintiff No. 1 was son of plaintiff No. 2.3. During pendency of the suit, plaintiff No. 2 died. An application for amendment under Order 6 Rule 17 of Code of Civil Procedure was filed to delete Paragraphs 7 and 9 of the plaint pertaining to the alleged need of wife of plaintiff No. 1 as well as plaintiff No. 2. Instead, a fresh paragraph was sought to be substituted in place of existing Paragraph 7 to the following effect:7. That surviving plaintiff Sudhir Jha is residing on the first floor having one block and th...
Tag this Judgment!Court : Orissa
Reported in : AIR1991Ori208; 69(1990)CLT749
G.B. Patnaik, J.1. The order of the Controller dated 1-6-1989 allowing an application for amendment filed by the landlord to include the prayer for fixation of fair rent is being challenged in this writ application.2. The petitioner is the tenant in respect of the house in question and the landlord (opposite party No. 2) filed the application for eviction on the ground of wilful default and bona fide requirement in 1987 which was registered as H.R.C. Case No. 32 of 1987. The House Rent Control Act ceased to have any effect with effect from 3-5-1988. The landlord filed an application for amendment on 10-4-1989. The amendment sought for was to insert the prayer for fixation of fair rent. The tenant filed an objection on the ground that an application for fixation of fair rent within the ambit of Section 5 of the Orissa House Rent Control Act is an independent cause of action and the Act itself having expired, the said application for amendment cannot be allowed. The Controller, however, ...
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