Court : Allahabad
Reported in : AIR1949All286
malik, c.j.1. the plaintiff claimed that he was a thekadar of the property in suit under a thekanama dated 18th august 1943, executed by the appellants in his favour. the theka was for a period of seven years the plaintiff alleged that the appellants were interfering with his possession and he therefore asked for an injunction to restrain the appellants from interfering with his possession during the continuance of the theka. the case was tiled in the court of the revenue officer. tehsil pharenda section 217, u.p. tenancy act, was the section under which the case was filed. the case came up before the revenue officer on 10th march 1948, and decreed the same.2. various points had been raised by the defendants and the learned revenue officer had framed ten issues. the defendants had denied the validity of the lease, had alleged that the plaintiff had given up possession in march 1946, and that the suit was barred by estoppel, etc. against the order dated 10th march 1948, granting an injunction to the plaintiff against the defendants this appeal was filed by some of the defendants.3. a preliminary objection has been raised on behalf of the plaintiff-respondents that the appeal does not lie in this court and. the appeal should, therefore, be dismissed.4. section 217, u.p. tenancy act, (act no xvii [17] of 1939) provides that:a thekadar who has been wrongfully ejected from the whole or any part of the theka area, or wrongfully prevented from exercising any of his rights as .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1988All271
b.n. sapru, j.1. sri deoki nandan agarwala who was a senior advocate, was appointed a permanent judge of the allahabad high court, and assumed office on 17-11-1977. he retired on 4-10-1983 on attaining the age of 62 years.2. the deputy accountant-general (pension) of the office of the accountant-general iii (u.p.) allahabad by his letter no. p. rs/i/214246/83-84/1980 dt. 2-12-1983 (annexure 1 to the writ petition) addressed to the secretary to the government, ministry of law and justice, department of justice, north block, new delhi, calculated that he had put in service as a judge of the allahabad high court for a period of 5 years 10 months and 17 days. the letter added that sri agarwala had elected to receive his pension under paragraph 9 of part i of the first schedule of the high court judges (conditions of service) act, 1954, (hereinafter to be referred to as 'the act') as amended from time to time. the pension was calculated at rs. 8,400-00 per annum with effect from 4-10-1983. it was further calculated that the family pension in the event of his death earlier than his wife would be rs. 250-00 per month subject to theusual conditions.3. in this writ petition, sri agarwala contends that he should have been granted a pension of rs. 9,600-00 per annum at the rate of rs. 1,600-00 for every year of completed service and in calculating the figure of rs. 9,600-00, he claims that he is entitled to the benefit of section 16 of the act under which it is provided that the .....
Tag this Judgment!Court : Allahabad
Reported in : [1961]43ITR254(All)
upadhya j. - the question referred for the opinion of this court is :'whether on the facts and in the circumstances of the case the receipts of the assessee by the sale of loom hours amounting to rs. 53,460 and rs. 1,85,230 in the assessment years 1949-51 respectively were revenue receipts liable to tax under the indian income-tax act ?'the assessee, messrs. maheshwari devi jute mills co. ltd., kanpur, is assessed to tax in the status of a company. this company runs a jute mill and is a member of the jute mills association, which is an association of jute mills formed with several objects including the protection of the jute mills and the defence of the trade of its members and in that behalf to impose restrictions, conditions and to adjust the production of the signatories. with this object in view the members of the association entered into an agreement dated january 9, 1932, called 'the first working time agreement'. that agreement was to expire on december 11, 1944. the members therefore entered into another working time agreement on june 12, 1944. the preamble of this working time agreement was as under :'and whereas the signatories generally as a consequence of over production having been put to considerable losses and in general interests of the members and their employees and of the association and the jute industry and trade in general.........'by clause (4) of this agreement the association restricted the hours of working the looms of the jute mills which were the .....
Tag this Judgment!Court : Allahabad
Reported in : 1995CriLJ277
orderj.p. semwal, j. 1. this is an application under section 482, cr pc with a prayer to quash the complaint (annexure no.i) filed by one shambhu nath pandeya against the present petitioner and one shrish chandra under section 500,1pc and to'stay further proceedings in criminal case no.58/ix, of 1981, under section 500, ipc, pending in the court of the iind addl. munsif magistrate, mathura. '2. the facts giving rise to the present proceeding are that the applicant is the editor, printer and publisher of a string of multilingual magazines. 'bhu-bharti' is one of such magazines which is published fortnightly in hindi. the applicant published in the second number of november, 1980 in bhu-bharti an article written by shrish chand mishra, who is the co-accused in the aforesaid complaint. this article is titled 'mathura sati kand-kya hardei ki hatya ki gai.' this article was printed on pages 13 to 18 of the said magazine in the said number. on page 13 in the end of the third column of this article the following matter was printed :paramparagat brahman unhen bramhan nahi mante lekin ahi wasi apne apko adigaur brahman aur sauram rishi ke putra mante hain. hardei bhi brahman adiwasi thi. ahiwastyon ke niwas sambandhi riti-riwaj am logon se alag hain aur yaun sambandhon ke mamie men to we kabhi udar hain. in logon me najdiki riston me shadi ho jati hai aur ghar ki aurat par pariwar ke sabhi mard apni adhikar mante hain jin logon me charitra no ho unke ghar ki bahu kahi sati ho sakti .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(2)AWC1008; [1999]236ITR848(All)
m.c. agarwal, j.1. this is a petition under article 226 of the constitution of india preferred by the kanpur income tax bar association through its secretary naveen bhargava and mukesh srivastava a chartered accountant. the petitioners claimed to be legal practitioner in taxation laws and they challenge a clarification contained in paragraph 3 of a letter dated 25.11.1997 issued by sri a. k. batabyal, member (investigation) central board of direct taxes. the following reliefs have been claimed in this writ petition :'(i) issue a writ, direction or order in the nature of certiorari calling for the record of letter/communication dated 25.11.1997 (annexure-2) and the record of the decision of government of india, if any, and to quash thesame. (ii) issue of writ, direction or order in the nature of mandamus directing the respondents, not to give effect to the 3rd paragraph of the aforesaid communication/letter dated 25.11.1997 (annexure-2). (iii) issue a writ, direction or order in the nature of mandamus restraining the commissioner of income tax. kanpur {respondent no. 3) from reopening or reviewing the certificates which have already been granted under the provisions of the scheme, (iv) issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to grant certificates in respect of declarations which have already been submitted to him without taking into account the contents of para 3 of the impugned communication dated 25.11.1997 (annexure-2), (v) .....
Tag this Judgment!Court : Allahabad
Reported in : 1958CriLJ115
orderoak, j.1. these seven connected revisions have been filed by ten persons, who were convicted by the learned special magistrate, first class, baraut, district meerut, under seciton 299, u. p. municipalities act. amin nagar sarai is a town area in district meerut. the ten applicants are residents of amin nagar sarai, and are butchers.2. according to the prosecution, the town area committee, amin nagar sarai passed on 23-3-1948 a resolution prohibiting the slaughter of cows, buffaloes and other animals, and forbidding the sale of meat of these animals within the limits of the town area. the bye-law was duly confirmed by the sub-divisional magistrate of baghpat, on 16-10-1952 the ten applicants slaughtered a buffalo within the limits of the town area, and they sold the meat of the slaughtered animal. the ten applicants were therefore, prosecuted under section 299 of the u. p. municipalities act for a breach of the bye-law.3. the trial of the ten accused was split up in seven separate cases. all the ten accused pleaded not guilty. they denied having slaughtered any animal or having sold its meat within the limits of the town area. it was also urged for the accused that the bye-law in question was void and illegal. the learned magistrate convicted all the ten accused under section 299 of the u. p. municipalities act. each accused was fined rs. 50/-.4. seven revision applications on behalf of the ten convicted persons were filed before the learned scissions judge of meerut. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1980All302
orderk.c. agrawal, j.1. this writ petition is directed against a judgment of the district judge, allahabad dated january 24, 1979 rejecting a revision of the defendant-petitioner (hereinafter referred to as the defendant) filed under section 25 of the provincial small cause courts act.2. the facts briefly stated are these. smt. kamla kumari jaiswal was the owner and landlord of bungalow no. 3, cassels road, allahabad of which the petitioner was a tenant. the house had been let out to the petitioner on a monthly rent of rs. 40/-. a notice dated october 5, 1976 was served on the defendant making a demand of rent from her. thereafter on november 8, 1976 respondent no. 3 sought eviction of the defendant from the suit premises on two grounds, (i) failure to pay arrears of rent despite service of notice of demand and, (ii) illegal subletting of a part of premises to sri m. m. haroo, respondent no. 4.3. after service of the notice of the suit, a written statement was filed by the petitioner denying the allegations on which the suit had been filed against her. according to her she had not sublet the premises in dispute to respondent no. 4 and that he had been allowed to stay as a care-taker for some time during the defendant's absence, when she had left for england for her own treatment. the defendant's defence as regards the amount due to respondent no. 3 by way of rent as narrated in para 4 of her written statement dated september 28, 1977 was that the rent was in deposit in the .....
Tag this Judgment!Court : Allahabad
Reported in : 1977CriLJ358
v.n. varma, j.1. this is an appeal from the judgment and order of sri i.n. misra, sessions judge, mainpuri by which he convicted the appellant under section 302, i.p.c. and sentenced him to imprisonment for life.2. the person who lost her life in this case was one smt. rewati. she was the wife of the appellant. it is said that the appellant suspected the fidelity of his wife and, he, therefore, on 4-10-70 at about 10 a.m. took her to his field on the pretext of scraping grass and there inflicted khurpi blows on her as a result of which she, died. this incident was said to have been witnessed by saifulli and sannu. after killing his wife the appellant was alleged to have made an extra-judicial confession in regard to his guilt before hemendra singh and sukhram. it is further alleged that after making that confession he went to p.s. kuraoli and lodged a report (ex. ka-5) there at 11-30 a.m. in that report he admitted to have killed his wife with a khurpi. he was arrested and put up in the thana lock-up. as no sub-inspector was present at the police station, head constable zor singh (p.w. 4) himself went to the place of occurrence reaching there at about noontime. subsequently, the investigation of the case was entrusted to s.i. b.s. sirohi (p.w. 7). he reached the spot at about 2-30 p.m. there he first held an inquest on the dead body of smt. rewati and prepared the inquest report ex. ka-2. he then despatched the dead body duly sealed to mainpuri for post-mortem. later on, he .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1851
s.u. khan, j.1. heard sri shashi nandan learned senior counsel assisted by sri sanjiv kumar learned counsel for the petitioner and sri kripa shanker singh learned counsel for the landlord respondent no. 4.2. this matter relates to house no. 16 nyay marg (12-b hastings road, allahabad).3. according to learned counsel for the tenant petitioner it contains eight rooms alongwith other amenities. according to the learned counsel for the landlord respondent no. 4 apart from 8 rooms there are two verandahs also in the accommodation in dispute. the accommodation in dispute was allotted to late sri hemwati nandan bahuguna about 50 or 60 years before on rent of rs. 60/- per month. according to learned counsel for landlord late sri h.n. bahuguna had through mutual agreement enhanced the rent to rs. 1500/-per month, which he paid until february 1989 (sri h.n. bahuguna died on 16.3.1989), learned counsel for the petitioner states that rent was not enhanced from rs. 60 to rs. 1500/- per month by late sri h.n. bahuguna. however according to learned counsel for the petitioner rent, was enhanced by the petitioner from rs. 60 to rs. 150/- per month (para no. 3 of the writ petition)4. sri h.n. bahuguna on his death left behind his widow smt kamla bahuguna, two sons sri shekhar bahuguna, sri vijay bahuguna and one married daughter mrs. rita joshi. this petition was initially filed by smt. kamla bahuguna and sri shekhar bahuguna. the name of smt kamla bahuguna was scored off. it is not clear as .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All436; 157Ind.Cas.178
orderganga nath, j.1. this is an application in revision by arjun and four others against their convictions and sentences under sections 186 and 424. penal code, which were confirmed by the learned additional sessions judge of jaunpur. one mt. naurangi kuar, wife of ram raj singh had obtained a money decnee from the civil court against arjun cha-mar. she applied for its execution by attachment of arjun's crops, which were standing in the field. a warrant, of attachment was issued to the amin on 22nd february 1934 specifying certain plots, the crop of which was to be attached. the amin was also authorised to attach any other property belonging to the judgment-debtor which may be pointed out by the decree-holder. in execution of this warrant the amain attached the crop of the plots specified in the warrant and prepared an inventory, (ex. b). the amin appointed two shiahanas to keep watch over the attached crop. on 27th february 1934. the amin was ordered by the court to reap and store the attached crop. the amin went to the spot on 4th march 1934 and engaged some labourers and started the reaping of the crop. while this was being done the accused who are brothers and cousin' attempted to stop the work but the amin reasoned with them and they withdrew. after sometime they again returned and began to reap the crop of another plot which had not been attached. as soon as the bundles had been prepared by the labourers of the amin of the reaped crop, which had been attached, the .....
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