Court : Allahabad
Decided on : Feb-01-1967
Reported in : [1968]22STC26(All)
..... to permit of their identification with reasonable certainty) are required with reference to an inquiry under the uttar pradesh sales tax act, 1948,------------------------------------------------------(here enter briefly the subject of the inquiry) now pending before me, you are hereby to appear in person summoned---------------------------------------------------------------------to produce ..... witnesses.-the sales tax officer, assistant commissioner (executive), deputy commissioner, additional commissioner, commissioner, assistant commissioner (judicial) and judge (revisions) or the additional judge (revisions) shall have the same powers as are vested in a court under the code of civil procedure, 1908, when ..... referred to as the commissioner) filed two revision applications (one in respect of each of the two years) before the judge (revisions).5. during the course of the hearing of the revision applications the departmental representative made applications for filing certain additional .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-08-1967
Reported in : AIR1968All151; 1968CriLJ438
..... is culpable homicide not amounting to murder. the penal code, therefore, does not contain any definition of culpable homicide not amounting to murder.32. the words 'likely by such act to cause death' occurring in section 299 i.p.c. can only mean that the injuries caused be such that either of the following probabilities may exists, that is to ..... it has therefore, to be seen whether the injuries were caused in the circumstances that it could be said that the appellants had knowledge that they were likely by such act to cause death. baijnath alias baiju was quite unarmed at the time he was attacked. he was mercilessly beaten with lathis by as many as six persons and as ..... s.d. khare, j.1. this is an appeal directed against an order dated 2nd july, 1964, passed by the learned additional sessions judge, varanasi convicting all the five appellants for offences of rioting, culpable homicide not amounting to murder and causing simple hurt and sentencing each of theappellants to imprisonment for life .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-23-1967
Reported in : AIR1968All65; 1968CriLJ225
..... rule 3, c. p. c.2. the court further observed that kali charan appeared to have committed perjury and it was in the interests of justice that an inquiry should be made into the offence which appeared to have been committed by him under section 193 ipc. but the court considered it fair that a notice should issue ..... complaint should not be filed against him for perjury. the facts are these. he filed a second appeal in this court from the decree of the civil and sessions judge, agra, reversing that of the munsif, agra, and dismissing his suit for the ejectment of the respondents. during the hearing of the appeal the respondents filed an application ..... learned counsel stated that on such occasions the advice of counsel is sometimes decisive, and had kali charan been given the advice which he should have be might have acted differently4. i have given this matter my anxious consideration on the one hand, this court thinks that periury of a very reprehensible nature appears to have been committed .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-23-1967
Reported in : AIR1968All207; 1968CriLJ721
..... with the sanction of the state government and the offence alleged to have been committed by him had been committed by him while acting or purporting to act in the discharge of his official duty. the learned single judge-allowed this plea to be raised for the first time at the stage of revision because it affects the question of jurisdiction.2 ..... an act; nor does a government medical officer act or purport to act as a public servant in picking the pocket of a patient whom he is examining, though ..... gill v. the king, that-'a public servant can only be said to act or to purport to act in the discharge of his official duty, if his act is such as to he within the scope of his official duty thus a judge neither acts nor purports to act as a judge in receiving a bribe, though the judgment which he delivers may be such .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-11-1967
Reported in : [1969]23STC324(All)
..... rate of 18 per cent., cannot lead to the conclusion that the latter provision is discriminatory. the two statutes deal with two different things. while judging the validity of section 8 of the act, recourse cannot be had to the provisions of the code of civil procedure. the code of civil procedure deals with interest to be added to the ..... prescribed in that behalf or, if the return submitted by him appears to the assessing authority to be incorrect or incomplete, the assessing authority shall, after making such inquiry as he considers necessary, determine the turnover of the dealer to the best of his judgment and assess the tax on the basis thereof:provided that before taking action ..... .c. 398 and bharat barrel and drum mfg. co. v. l.k. bose and ors. a.i.r. 1967 s.c. 361). in the last case the learned judges of the supreme court relied upon the following observations of lord parmoor in local government board v. arlidge [1915] a.c. 120:-where, however, the question of procedure is raised .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-02-1967
Reported in : AIR1969All342
..... of 1954, seem to proceed upon a distinction between rectification of errors under sections 8 and 9 of the act and the more elaborate proceedings under section 12 of the act, which may even raise questions of title referable, through a civil judge, to the arbitrator, but there the similarity ends. it may be mentioned here, in passing, that this scheme was ..... which has been made by sub-section (2) of section 23 is in regard to the reference made to the civil judge and which had not been disposed of till then. it will be seen that section 21 of the act envisages proceedings up to the stage of an appeal and does not cover revisions filed under section 48 of the ..... case of sheoraj singh, that case is 1967 r. d. 51. in banshidhar's case the learned judge expressed the opinion that there being no provision in the act that orders passed in objection under section 9 of the act (equivalent to section 12 of the old act), if the objections are decided after the stage of objections under section 20 of the .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-27-1967
Reported in : AIR1969All88
..... every officer of the seniorand junior division posted or appointedto a unit or part thereof shall be entitledto such allowances as are specified inschedule ii. the learned judge who decided that case pointed out that fromthese rules read with schedule ii it appeared that a junior division officer wasentitled firstly to pay (ranging betweenrs. ..... a decisive factor. in that case the person whose election was challenged was appointed by the committee of the durgah endowment constituted under the durgah khwaja sahib act (act xxxvi of. 1955). no doubt, although the committee or the members of the committee were removable by the government of : india, the appointment of the ..... some high court or by the supreme court. the election tribunals, as they stood constituted prior to the recent amendment of the representation of the people act, were subordinate authorities and were under the superintendence of the various high courts under article 227 of the constitution. the orders by them were amenable .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-29-1967
Reported in : AIR1969All269
..... consisting of verma and rajeshwari prasad, jj. they found that the decisions of this court on the question were conflicting. they pointed out that several single judges of this court had answered this question in the affirmative while it had been answered in the negative in two division bench decisions of this court (civil ..... standing to b to maintain the writ petition. it was further observed: '......the learned single judge rightly overruled the preliminary objection and held that the writ petition was maintainable. we have seen that the state transport appellate tribunal acted without jurisdiction in granting a permit in hearn's favour. faced with this illegal grant of ..... permit in favour of hearn, bundu khan and masa ullah khan could properly come to this court with the request that the illegal grant should be quashed. that is what the learned single judge has done.' .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-04-1967
Reported in : 1968CriLJ1342
..... on a private complainant's offering to withdraw from the prosecution.in another case. state v. kamalakar prabhakar juvekar air 1960 bom 269, the hon'ble judges observed:the offences under sections 279 and 337. indian penal code, are, however, offences of different nature and the conduct referred to therein is penalized with different ..... the court permits the aggrieved party to accept private satisfaction for the injury caused to him, but thereby the court is not seeking to permit composition of an act, which is dangerous to the public. the composition of the offence under section 337, indian penal code, sanctioned by the learned magistrate therefore did not result in ..... 323, indian penal code reads:whoever...voluntarily causes hurt....'voluntarily causing hurt' has been defined under section 321, indian penal code. it reads:whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that be is likely thereby to cause hurt to any person, and does thereby .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-21-1967
Reported in : AIR1968All296; 1968CriLJ1218
..... an inquiry be held as to whether an offence under section 193 read with section 199 of the indian penal code which is mentioned in clause (1) (b) of section 195 of the code of criminal procedure has been committed. as a result thereof he directed that a complaint he made against the appellant in respect of certain acts mentioned ..... full bench is directed against that order.2. it is common case of the parties that though the draft of the complaint has been submitted as directed by the learned judge, it has not yet been approved and signed by the deputy registrar, much less lodged in the court of the district magistrate, bahraich. in this state of affairs a ..... recording of a finding that it was expedient in the interest of justice that a complaint be made is valid.12. in ram prasad singh v. state : air1959all529 , another judge of this court, viz. v. d. bhargava, j., observed that there was no provision in the code of criminal procedure after the passing of the order directing a complaint .....
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