Court : Allahabad
Decided on : Apr-20-1971
Reported in : AIR1972All83
Gur Sharan Lal, J.1. In this writ petition the petitioner firm, namely, Isherdas Sahni and Brothers, seeks to get quashed by a writ in the nature of certiorari or like writ, order or direction, three orders contained in Annexures 13, 14 and 18 to the Writ Petition, the first and the third having been passed by the Government of Uttar Pradesh impleaded as opposite party No. 2 and the second one by the District Magistrate of Lucknow (Opposite party No. 1) acting as the licensing authority under Section 4 of the U. P. Cinemas (Regulation) Act, 1955. It also seeks the issue of a writ in thenature of mandamus to opposite party No. 1 aforesaid to grant to the petitioner firm cinematograph licence for the Basant Cinema at Lucknow so long as it continues to enjoy the possession of the said cinema premises and complies with all the formalities of Cinematograph Act and the rules. An interim relief in the form of grant of cinematograph licence was also prayed for but the same was not allowed and ...
Tag this Judgment!Court : Allahabad
Decided on : Sep-16-1971
Reported in : AIR1972All97
Pathak, J.1. The petitioner, M/s. Prakash Pottery Industries, obtained a loan from the Uttar Pradesh Government for developing its pottery industry. A deed of agreement dated March 5, 1966, was executed between the petitioner and the State Government. It required the petitioner to apply the loan for purchasing machines for its pottery industry within a period of one year, and provided for repayment of the loan with interest in instalments. Then followed the provisions:'10. If any of the instalments aforesaid shall be in arrears in whole or in part, the whole sum, then remaining due to the creditor under the deed on account of principal and interest shall thereupon become payable at once and the borrower will be liable to pay the same.11. For the consideration aforesaid and in further pursuance of the aforesaid agreement the borrower hereby grant and transfer by way of simple mortgage to the creditor, all that property described in the schedule hereto to the intent that the said propert...
Tag this Judgment!Court : Allahabad
Decided on : Feb-08-1971
Reported in : AIR1971All444
K.B. Asthana, J.1. This is a defendant's appeal from the appellate judgment and decree of the learned Additional Civil Judge, Mainpuri, by which the plaintiff's suit for specific performance of a contract of sale of a parcel of land comprising of four plots 1.65 acres in area, in chak No. 601 stands decreed.2. The plaintiff Man Singh on 4-5-1963 entered into an agreement with the defendant Pahunchi Lal to sell a parcel of land comprising of four plots, 1.65 acres in area, on payment of a consideration of Rs. 3200/-. Pahunchi Lal paid Rs. 2150/- as earnest money. The balance of Rs. 1050/- was payable at the time of registration. It was stipulated that the sale-deed would be executed and registered within one year from the close of consolidation operations in the village. It was further stipulated that out of the plots to be sold consisting of Bhumidhari and Sirdari, Pahunchi Lal would convert the Sirdari plots into Bhumidhari plots by depositing ten times of their rent. It was also stip...
Tag this Judgment!Court : Allahabad
Decided on : May-17-1971
Reported in : [1972]29STC15(All)
A.K. Kirty, J. 1. The validity of Sub-sections (1) and (2) of Section 3-A of the U.P. Sales Tax Act, 1948 (15 of 1948), hereinafter referred to as the Act, has been challenged in these three writ petitions on two grounds : (1) that they infringe Article 14 of the Constitution, and (2) that they suffer from excessive delegation of essential legislative function and power.2. The petitioners are 'registered dealers' and carry on the business of manufacture and sale of bricks in Uttar Pradesh. They are affected adversely by the impugned Notifications No. ST-1363/X-1045 (1960) dated April 5, 1961, and No. ST-6438/X-1012-1962 dated December 1, 1962, issued by the State Government under Section 3-A(1) and (2) of the Act, by which sale of bricks has been subjected to a single point taxation at the rate of 7 naye paise per rupee, the point of taxation being sale by manufacturer.3. In five other writ petitions, numbered 2095, 2096, 2121, 2253 and 2971 of 1969, identical questions have been raise...
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