Court : Allahabad
Reported in : AIR1964All66
..... decree, final order or judgment.24. in a division bench case of the allahabad high court in bhagwan dass and co. private ltd. v. income tax officer, dehra dun : air1958all800 following a previous full bench case of the same court, namely, mahomed mahmood hasan khan v. government of uttar pradesh : air1956all457 , it was held that ..... of one sri h. johnson, who died onthe 19th november, 1958. after his death hissister and brother gave a petition under section 278of the indian succession act (act xxxix of1925) praying for the grant of letters of administration in their favour. this petition wascontested by his widow mrs. panzy fernandas.the district judge of lucknow ..... and gives momentum to it.23. in the case of syedna taher saifuddin saheb v. state of bombay : air1958sc253 , the question about the retrospcctivity of an act was the subject-matter of a preliminary issue. dealing with the said question, their lordships observedas follows :'the question is whether in the events which have happened .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All55
..... sugar mill which was at that time carrying on the business of sugar manufacture in the name of vijai sugar corporation ltd. at doiwala in the district of dehra dun. after being incorporated the company purchased and took over all the assets of the vijai sugar corporation ltd. for a consideration of rs. 11,15,000/- ..... were guilty of misapplication, retainer, misfeasance, misappropriation or breach of trust. the liquidator has not proved against the respondentsthat they had been guilty of any of these acts. the-respondents nos. 1 and 2 were only directors. the respondent seth radhey lal was the director in-charge. keeping in view the nature of the business ..... needed some explanation. they enquired from the past directors but found their replies unsatisfactory. they then applied to this court under section 195 ot the indian companies act of 1913 to direct tha examination of the directors on oath. the application was opposed but was ultimately allowed and the director in-charge seth radhey lal .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All193
..... district judge within the local limits of whose ordinary jurisdiction, or of whose jurisdiction under this act, the husband and wife reside or last resided together. in the petitions under section 10, divoce act, the petitioner has given his permanent residence at dehra dun and his residence at the time of making the petition at police lines, lucknow. in ..... petitions of divorce by any court like that of a district judge and for confirmation of such a decree by the high court, section 17, indian divorce act provides that the decree for dissolution of marriage passed by the district judge shall be subject to confirmation by the high court. the procedure necessary for the purpose ..... limited to such object only, to claim damages from any person on the ground of his having committed adultery with the wife of such petitioner. the, divorce act does not require that the order regarding damages should be subject to confirmation by the high court if passed by the district judge. if anybody is aggrieved .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All260
..... arrived at by him, relied on the decision in imdad ali khan v. collector of farru-khabad (1885) 7 all. 817, grown brewery, mussoorie v. collector of dehra dun (1897) 19 all. 339 and mohammad wajeeh mirza v. secy.of state, air 1921 oudh 31. these decisions are authorities for the proposition that the question of title ..... the question, whether a question of title between the government and a claimant can be referred by the collector to the court under section 18 of the present act, directly arose for consideration, and one of the learned additional judicial commissioners felt no hesitation in answering the question in the negative. the other learned additional judicial ..... the bench, however 'felt considerable difficulty regarding the question of law involved' and while holding that, once a notice is issued under section 9, land acquisition act in respect of land of which the government claims to be the owner, and some person claims proprietary title to or some interest in respect of that land, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All443
..... particular fee had been settled between the parties in connection with an ejectment suit which the defendant had filed against one gyanchand through the plaintiff who was then practising at dehra dun and that the said fee was rs. 165/- for the whole case in addition to something for the clerk. the defence was that no fee had been settled but that ..... fee was to be paid, was not accepted, the defendant's case not being legally entertainable, the court below should have decreed the claim under section 4 of the said act, according to the legal scale.3. we think there is force in this contention. in the first place, even if the plaintiff had agreed to accept anything that was offered ..... , it does not amount to a finding of a legal contract relating to the matter of his fee. he has referred to sections 3 and ft, legal-practitioner's pees act xxi [21] of 1926. the former provides that fee can be claimed by a counsel according to the agreement between him and his client, and the latter that, in the .....
Tag this Judgment!Court : Allahabad
Reported in : [1977]106ITR540(All)
..... petitioner. sri a. n. verma died in the year 1958; the arrears related to assessment years 1947-48, 1949-50 to 1955-56. the income-tax officer, dehra dun, is trying to realise the arrears of tax from the petitioner by attachment of his property and by way of proceedings under section 226(3) against the tenants of ..... , illegal and cannot be sustained. 5. the petition is accordingly allowed. the recovery proceedings against the petitioner, including the notices under section 226(3) of the income-tax act (annexures '4 to 10' to the writ petition), are quashed. the stay order dated 3rd may, 1972, whereby the petitioner was restrained from withdrawing the sum under life ..... extent of the estate of the deceased inherited by him. under sub-section (3) of section 159 he shall be deemed to be an assessee for purposes of the act, but recovery proceedings, including proceedings under section 226, can be initiated only against an assessee in default. under sub-section (4) of section 220 an assessee shall .....
Tag this Judgment!Court : Allahabad
Reported in : 1Ind.Cas.220
aikman, j.1. this is an application for the revision of an order of the district magistrate of dehra dun, directing the prosecution of the applicant for offences under sections 193, 465 and 471 of the indian penal code. the offences are alleged to have been committed by the applicant as plaintiff in a suit for profits brought under the provisions of the tenancy act in the court of an assistant collector of the first class. in my opinion the order of the district magistrate was entirely without jurisdiction and cannot be justified either under section 195 or 476 of the code of criminal procedure. i quash the order of the district magistrate dated the 2nd of november 1908. any proceeding instituted against the applicant under that order must be dropped.
Tag this Judgment!Court : Allahabad
Reported in : [1964]52ITR621(All)
..... petitioner any interference under article 226 of the constitution would be wholly unjustified, particularly, as the petitioner has all his remedies open to him under the income-tax act, in respect of reassessment proceedings which have yet to take place.for the reasons given above the petition is dismissed. in the circumstances of the case the parties ..... 1956-57, 1957-58 and 1958-59.the writ petitions are directed against the notices dated january 11, 1962, under section 34 of the indian income-tax act, 1922 (hereinafter referred to as the act) and the notices issued under section 22 (4) and section 23 (2) dated the 14th of march, 1962, and 11th of september, 1962.the ..... facts leading up to this petition are these. the petitioner was a partner in a firm m/s. mangal sen manchand, an unregistered firm carrying on business at doiwala, dehra dun. the other .....
Tag this Judgment!Court : Allahabad
Reported in : (1896)ILR18All198
..... .j.1. this is an appeal from the decree of the district judge of saharanpur dismissing the defendant's appeal from the decree of the subordinate judge of dehra dun. the suit was brought to obtain payment of a debt due upon a note which had been discounted by the himalaya bank, limited. before the suit was ..... official name, which was 'official liquidator.' here mr. henry did use his official description and that only. in my opinion there was here certainly substantial compliance with the act. it appears to me that if the plaintiff bad been thus described: 'the himalaya bank, limited, in liquidation, by the official liquidator, plaintiff,'--the description would have ..... the objection to the plaint as originally framed seems to me to be a purely technical objection. the intention was obviously to comply with the requirements of the act. mr. henry avoided using his individual name. now who could have brought this suit? the bank certainly of its own motion could not have brought the suit. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All47
..... is ext. a-3 on the record. in the first paragraph of the notice he stated 'you are occupying a portion of house no. 5 dhanda lakhond road dehra dun as a tenant of my aforesaid client.' tnus both the transferor and the plaintiff admitted the defendant to be a tenant. the subsequent assertion by the plaintiff that the ..... did not pay the balance and was therefore a wilful defaulter. 5. learned counsel for the appellant strenuously contended that under section 109 of the trasfer of property act a transferee from the previous owner is not entitled to realise arrears of rent and consequently argued that whatever the plaintiff is claiming for the period before his purchase ..... counsel for the appellant is that the appellant had not made any default within the meaning of section 3 of the u. p. (temporary) control of rent and eviction act. the court below was, therefore, not right in decreeing the suit for ejectment. the trial court on this question held that the defendant did not commit any default .....
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