Court : Allahabad
Reported in : AIR1950All167
Agarwala, J.1. This is reference, under Section 307, Criminal P. C., by the learned Additional Sessions Judge of Kanpur. Daya Shankar Jaitly, the opposite party, was tried with the aid of a jury for an offence under Section 477A, Penal Code, and, in the alternative, for an offence under Section 408, Penal Code. The jury returned a verdict of not guilty on both the charges. As the learned Sessions Judge did not agree with the verdict of the jury, he made a reference to this Court.2. The prosecution case briefly put was as follows: The accused Daya Shanker Jaitly was employed as a cashier in the office of the Garrison Engineer at Kanpur. As a cashier, it was his duty to write the cash book showing correctly the state of income and expenditure from day to day. He used to beep the cash book with him and also handled the cash. He made false en. tries in the cash book showing inflated amounts of expenditure, whereas in fact smaller amounts were spent or no amount at all. In this way, he comm...
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad525; (1950)IIMLJ313
Raghava Rao, J.1. This second appeal arises out of a suit for recovery of possession, which has been dismissed by both the Courts below. The suit was laid on the basis that there was an alienation by a limited estate holder, in favour of the plaintiff which was quite valid and binding upon the defendant, who happened to be reversioner to the estate. There was, in fact, a small cause suit on a prior occasion by this very plaintiff against this very defendant, who at the time occupied the position of a lessee, for recovery of rent. During the time the small cause suit was pending there was a reference to arbitration, not through Court but outside. The award that resulted from the arbitration declared that the present defendant was a reversioner to the estate of the last male-holder and that the plaintiff had no title to the property, which had been the subject-matter of the alienation by the widow of the last male holder. After the award, curiously enough there was still a decree passed ...
Tag this Judgment!Court : Kolkata
Reported in : AIR1950Cal536,54CWN626
G.N. Das, J.1. This rule was obtained by the defendants againt the decision of Mr. Subodh Chandra Mukherjee, learned Subordinate Judge, 1st Additional Court, Alipur, District 24 Parganas; whereby he decreed the suit filed by the plaintiff for setting aside the election of ward No. V of Naihati Municipality. 2. The relevant facts are that Basudeo Paul Opposite party No. 1 filed his nomination paper as a candidate from Ward V for the impending election of the Naihati Municipality. The nomination paper was rejected by the Chairman of the Municipality; an appeal to the District Magistrate was dismissed. The election then took place and petitioner No. 1 was declared elected from the general seat in Ward V and Petitioner No. 2 was declared elected from the reserved seat. The opposite party No. 1 then brought the present suit being Title Suit No. 32 of 1946 in the Court of the District Judge, Alipur for a declaration that the rejection of his nomination paper by the Election Authorities of th...
Tag this Judgment!Court : Kolkata
Reported in : AIR1950Cal551,[1950]18ITR112(Cal)
Harries, C.J. 1. This is a Reference made by the Appellate Tribunal, Bombay Bench, under Section 66(1), Income-tax Act stating a case upon the following question:'Whether in the circumstances of the case and having regard to the fact that the applicant company is 'Resident in British India,' Section 42 has been validly invoked.' 2. The assessee was a limited liability company having its head office at Calcutta and a factory at Okara in British India where cloth was manufactured. The cloth so manufactured was sold by the assessee on a wholesale basis both within and without British India. During the year of account, the assessee had three selling offices in certain Indian States. The goods sold at these centres were sent out from the factory at a profit margin of 9 per cent, on cost.3. The Income-tax Officer dealing with the assessment for the relevant year came to the conclusion that on the facts which I have set cut the provisions of Section 42, Income-tax Act, were applicable and he ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All212
Malik, C.J.1. Gulzar Ahmad Jafri, the appellant, was a Sub-Inspector of Police in the United Provinces and was appointed as such by the Inspector-General of Police on 28rd October, 1931. On 3rd October 1938, he was suspended by the Superintendent of Police, Jaunpur, on a charge of having demanded and accepted illegal gratification. On 20th July 1939, charges were framed against the appellant in accordance with certain rules made under the Police Act and an enquiry was held by a Board, consisting of the Deputy Inspector-General of Police and two Superintendents of Police. There is no complaint about the procedure followed at the enquiry. The appellant appeared before the Board, and the Board, ultimately, after considering the materials placed before it held that the charges were proved and the appellant was dismissed from service under orders of the Deputy Inspector. General of Police dated 18th August 1980. The appellant appealed to the Inspectors-General of Police who dismissed the ap...
Tag this Judgment!Court : Kolkata
Reported in : AIR1950Cal356,54CWN297
R.C. Mitter, J. 1. Premises No. 19, Surah Third Lane, was acquired for the purpose of Improvement Scheme No. IV (Maniktolla) made by the Board of Trustees for the Improvement of Calcutta and sanctioned by the Local Government under the provisions of the Calcutta Improvement Act, v [5] of 1911 B. C. The said premises was at all material times an open piece of land comprising an area of 10 bighas 12 cottas 36 square ft. There were two tanks within it. It abutted on the Sura third Lane which was to its East. It had a vista on a blind lane which stopped at a point of its Southern boundary. There was no roadway on the acquired premises in continuation of that blind lane. The said blind lane is a public one. The plot is shown in the Key plan, EX. 1. On 27th August 1943 the Collector made his award. He gave Rs. 61548-14-0 for the land, Rs. 725 for the trees and Rs. 9311-1.0 as statutory allowance--total Rs. 71614-15 odd.2. The claimants, who are the respondents before us, were dissatisfied wi...
Tag this Judgment!Court : Kolkata
Reported in : AIR1951Cal456
R.P. Mookerjee, J.1. This is a pltfs. appeal in a representative suit brought under Rule 8 of Order 1, Civil P. C., on behalf of the Hindus of the village of Alampur against the Muslims of the same village for a declaration that the suit land is one in which the public has got the right of use as playground or grazing ground etc., & for an injunction to restrain the defts. from using the land as a burial ground.2. The pltfs.' case is that in Khatian No. 159/1 of Mouza Alampur covering an area of 3 bighas & 1 cottah, 1 bigha & 2 cottahs was a graveyard of the Muslims of that village & the remaining 1 bigha and 19 cottah was used by the villagers as a football ground. This football ground is also claimed to be used as a grazing ground for the cattle of the villagers. There had been a previous litigation in respect of this property in 1928 when a representative suit was brought on behalf of the Muslims of that village for a declaration that the lands covered by the entire Khatian were bur...
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All62
Malik, C.J.1. this is a defendant's appeal against a decree passed by the learned District Judge of Allahabad in a suit filed under Section 92, Civil P. C. Mt. Musharraf Begum, widow of Arab All, and his daughter, Hatimi Begum, executed a deed of waqf on 12th October 1928. Farman Ali Khan, defendant-appellant, was appointed the mutwalli of the property. The income of the property made a waqf of, was said to be Rs. 2,450 out of which land revenue and Government dues had to be paid and Rs. 250 were fixed as the collection charges. A sum of Rs. 600 was set apart for expenses incurred during the Moharram and another sum of Rs. 600 during the month of Ramzan. Detailed instructions were given as to how the money was to be spent. Farman Ali and his two brothers, Waris AH and Abdul Hasan, and Abid Husain, a grandson of Arab Ali, were to get an allowance of Rs. 25 each per mensem.2. The plaintiffs, Yaqub Husain Khan and Mohammad Raza Khan, claimed that they be-longed to the Shia sect and were r...
Tag this Judgment!Court : Chennai
Reported in : (1949)2MLJ647
Satyanarayana Rao, J.1.This is an appeal by the respondent in O.P. No. 142 of 1948, against an order of Subba Rao, J., granting a succession certificate to the petitioner in the original petition in respect of the Government securities, more particularly specified in the schedule attached to the petition.2. The securities originally stood registered in the name of one Subramania Ayyar. He died on the nth December, 1911, leaving behind him his father, Anantarama Iyer, his widow Ammani Ammal, and two daughters, Krishnammal and Rajammal. The respondent in. this appeal, who was the petitioner in the original petition is Lakshmi Ammal, the daughter of Rajammal. On the 26th September, 1912, Anantarama Iyer executed a deed of settlement whereunder he provided that after his death his daughter-in-law, Ammani Ammal should enjoy the securities for her life and after her death they should be possessed and enjoyed in equal half shares by his grand-daughters, Krishnammal and Rajammal for life. On t...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H295
Kapur, J. 1. For the murder of Bhagtar chowki-dar, Mehnga appellant and Waryama, who has been acquitted, were tried for an offence under Section 302, Penal Code, and Mehnga was sentenced to death by the learned Sessions Judge of Jullundur. The convict has appealed to this court & the sentence of death is also before us for confirmation. 2. The occurrence is said to have taken place at about 8 P. M. on 3-4-1948 in front of the house of Waryama accused in Miranwali Gali of village Nag-gal Ambia, Tehsil Nakodar. The story of the prosecution is that three days before the occurrence the Tehsildar had come to the village and had directed the Lambardar, Kartar Singh (P. W. 9,) to arrange for the collection of land revenue. In pursuance of that order, which was given orally by the Tehsildar, the Lambardar Kartar Singh had directed Bhagtu Chowkidar to go and make a proclamation in the village that land revenue would be collected on the following day. When Bhagtu Chowkidar went into Miranwali Ga...
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