Court : Allahabad
Decided on : Apr-19-1977
Reported in : AIR1977All399
ORDERSatish Chandra, J.1. The only ground upon which the opposite party pressed the suit for ejectment of the tenant (applicant) was non-payment of rent in spite of a notice of demand. The trial court upheld this plea and decreed the suit for ejectment.2. The tenant has come to this court in revision under Section 25, Small Cause Courts Act.3. The findings are that the defendant was a tenant of the accommodation on a monthly rent of Rs. 200 since 1958. The defendant did not pay the arrears of rent for the period 1st January, 1963 to 31st December, 1970, amounting to Rs. 19,200. A notice demanding payment of this amount as well as to quit the accommodation was served upon the defendant on 9th July, 1973. In spite of it the defendant did not make any payment towards the rent due for the period January, 1963, to December, 1970. During the pendency of the suit the defendant deposited the rent for the period 1st May, 1973 to 28th February, 1975, together with interest and costs etc. totalli...
Tag this Judgment!Court : Allahabad
Decided on : Nov-01-1977
Reported in : AIR1978All129
M.P. Mehrotra, J.1. This First Appeal From Order is directed against an order passed by the 1st Additional District Judge, Varanasi dismissing an application under Order IX Rule 13 C. P. C.2. The brief facts are these. A suit was filed by the plaintiff for the eviction of the defendant on the allegation that the letter's tenancy -had been determined and after such determination, he was not entitled to remain in occupation of the accommodation in his tenancy. Arrears of rent and damages for illegal use and occupation were also claimed. The suit was decreed ex parte. The defendant moved an application under Order IX Rule 13, C. P. C. for setting aside the ex parte decree. A preliminary objection was raised on behalf of the plaintiff that the said application was not maintainable in view of the fact that the suit was one of the nature of Small Causes and, therefore. Section 17 of the Provincial Small Cause Courts Act was applicable and in terms of the proviso to the said section, the defe...
Tag this Judgment!Court : Allahabad
Decided on : Dec-21-1977
Reported in : [1980]125ITR49(All)
Satish Chandra, J.1. Sri Mahadeo Prasad, the petitioner, challenges the validity of notices issued under Section 148 of the I.T. Act, 1961, for the assessment years 1953-54 to 1963-64.2. Mahadeo Prasad, the petitioner, was being assessed in the status of HUF consisting of himself, his mother, wife and three sons. For the assessment year 1949-50, the petitioner filed a return in his individual capacity on the footing that there had been a total partition under Section 25A of the Indian I.T. Act, 1922. In the alternative, he claimed partial partition of some of the joint family properties. Both these claims were initially negatived and the entire income was assessed in the hands of the HUF. The return filed by the petitioner in his individual capacity was finalised by holding that there was no income assessable in his individual capacity.3. The HUF went up in appeal, and, ultimately, the Tribunal accepted that there had been a partial partition of some of the properties with effect from ...
Tag this Judgment!Court : Allahabad
Decided on : Oct-05-1977
Reported in : AIR1978All356
M.P. Mehrotra, J. 1. This second appeal arises out of a suit for the recovery of damages. The trial court substantially decreed the suit. But on appeal the lower appellate court set aside the decree and judgment of the trial court and dismissed the suit. The plaintiff has now come up in the instant second appeal. 2. The facts in brief are these: on 19th May, 1961, the plaintiff, Smt. Bhagyawati Mittal, was travelling in one of the buses belonging to the U. P. Government Roadways. She was travelling from Delhi to Muzaffarna-gar. It was being driven by the defendant respondent No. 2. Ram Kumar. An accident involving this bus took place near the municipal toll barrier of Muzaffarnagar. The plaintiff sustained injuries due to this accident. Certain other consequences resulted directly as a result of this accident causing injury to the mental and bodily health of the plaintiff. She had to undergo medical treatment. Stilt. despite medical treatment, certain permanent disability in her right ...
Tag this Judgment!Court : Allahabad
Decided on : Jul-19-1977
Reported in : [1977]40STC455(All)
R.M. Sahai, J.1. Under Section 11 of the U. P. Sales Tax Act, 1948 (hereinafter referred to as the Act), the Judge (Revisions), Sales Tax, Meerut, has, at the instance of the assessee, who is common in both these references, referred to this court the following two questions of law:(1) Whether, on the facts and circumstances of the case, the turnover of the assessee was exempt from tax generally in view of Notification No. ST-2409/X-902(15)-68 dated 28th May, 1969, as amended by Notification No. ST-6996/X-902(15)-68 dated 27th August, 1969, for U. P. sales and so also for inter-State sales under Section 8(2A) of the Central Sales Tax Act ?(2) Whether, on the facts and circumstances of the case, the amendment of notification referred to in question No. (1) by Section 31(3)(a) of U. P. Act No. 38 of 1975 [section 30(3) of U. P. Ordinance No. 12 of 1975] narrowed it down to exemption for intra-State sales alone as held by the Additional Judge (Revisions), Sales Tax, Meerut ?2. The facts o...
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