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Uma Shanker Tewary and anr. Vs. Rex
Court : Allahabad
Reported in : AIR1950All234
ORDERAgarwala, J.1. This is a reference made by the Additional Sessions Judge of Gorakhpur recommending that the conviction of Uma Shanker Tewary, driver of a motor vehicle, and R.K. Bajpai, the Manager of the Shankar Sugar Mills Ltd., Captainganj, Deoria, be altered from one under Section 123, Motor Vehicles Act, Act IV [4] of 1939, to one under Section 112 of the said Act, and the fines imposed upon the applicants by a first class Magistrate of Gorakhpur be reduced.2. The facts which have given rise to this reference may shortly be stated as follows: A motor truck used for carrying goods belonging to the Shankar Sugar Mills Ltd., was being driven by Uma Shanker Tewary, the driver. On 18th August 1946, an Enforcement Squad Inspector checked the truck in question and found that (1) its fitness certificate had expired on 3rd April 1946, and there was no such certificate in existence on 18th August 1946 when it was being plied; (2) that the currency of the driver's licence had expired on...
Tag this Judgment!Kalyan Mal Budhulal, Cawnpore, in Re.
Court : Allahabad
Reported in : [1950]18ITR54(All)
This is a reference under section 66(1) of the Indian Income-tax Act by the Income-tax Appellate Tribunal. The following question has been referred to us under section 66(1 : -'Whether on the findings of fact recorded in the Tribunals order, the sum of Rs. 12,417 is income, profits and gains arising out of carrying on trade or adventure in the nature of trade within the meaning of section 2(4) of the Indian Income-tax ?'The assessee firm deals on wholesale basis in cloth and prints manufactured by Atherton West Mills Co. Ltd. and J. K. Cotton Spinning and Weaving Mills Co. Ltd. On the 17th 1942, the assessee firm purchased 200 bales of cotton from Harkishan Bishan Dayal and in February, 1943, the bales were sold in one lot and a profit of Rs. 12,417 was made. The question was whether the purchase and sale of the 200 bales of cotton yarn was an adventure in the nature of trade. The Tribunal came to a conclusion against the assessee and, on an application by the assessee, the question me...
Tag this Judgment!Ayyammal and anr. Vs. Thangavelu Padayachi
Court : Chennai
Reported in : AIR1950Mad317
Krishnaswami Nayudu, J.1. This is an appeal by the plaintiffs in O. S. No. 395 of 1947 on the file of the Court of the District Munsif of Turaiyur against the appellate order in A. S. No. 887 of 1948 directing them to re-deliver possession of a house to the respondent in this appeal. The appellants who are plaintiffs in O. S. No. 395 of 1947 obtained a decree for possession of a house on 8th March 1948. The defendant respondent filed an application E. A. No. 194 of 1948 on 15th April 1948 for stay of execution of the decree pending his filing an appeal and obtaining an order of stay from the appellate Court. Notice of this application was served on the pleader for the plaintiffs, and this application, after several adjournments and after objection raised on behalf of the plaintiffs, was finally heard on 11th June 1948 when stay of execution of the decree was granted by the District Munsif of Turaiyur pending the obtaining of stay from the, appellate Court. The decree in O. S. No. 395 o...
Tag this Judgment!Parisa Mudaliar and ors. Vs. Nataraja Udayar Alias Natesa Udayar and o ...
Court : Chennai
Reported in : AIR1950Mad337
Krishnaswami Nayudu, J.1. This appeal arises out of a suit by a Hindu reversioner for setting aside an alienation by the limited owners. Defendants 1 to 5 and 12 and 13 are the appellants and the plaintiff is the respondent. The suit properties belonged to one V. Kandaswami Udayar who died in 1901 leaving his widow Lakshmayi Ammal and three daughters Valliammal, Nallammal and Ponnaylammal, Nallammal was married to one P. Kandaswami Udayar and there were three sons by the marriage--Thangavelu, Ponnusami and Natarajan, minor, who is the plaintiff in the suit, O. S. No. 20 of 1943 on the file of the Court of the Subordinate Judge of Salem. The suit was instituted on behalf of the minor by his next friend. Defendants 1 to 13 are the alienees and representative of the alienees. Nallammal and Ponnayammal, the two surviving daughters are defendants 14 and 15. Valliammal died in 1927 and Lakshmayi Ammal, widow of Kandaswami Udayar, died in 1928. Thangavelu, the eldest son of Nallammal died a s...
Tag this Judgment!Thakarshi Jaichand Shah and ors. Vs. Woman Pralhad Kulkarni
Court : Mumbai
Reported in : AIR1950Bom184; (1950)52BOMLR205
ORDERJ. Dixit, J.1. This is an appeal under the Letter Patent from a decision of Gajendragadkar J.2. There was at Nandurbar a firm of the name of Maganlal Natbabhai Oil Mill. The firm was composed of two partners, namely, Jayachand Somchand and Maganlal Nathabhai. In 1934 Jayachand Somchand filed against Maganlal Natbabhai a Suit No. 460 of 1934 for dissolution of the partnership and in the course of that suit a receiver was appointed. In 1935, the receiver appointed in Suit No. 460 of 1934 filed against a company called Jayachand Somchand Ginning Company a Suit No. 199 of 1985 to recover a sum of Rs. 6,600. The suit was filed against two persons, i.e., against Jayachand Somchand Vani as defendant 1 and Padamsi Jasraj Vani as defendant 2. On 23rd September 1937, a consent decree was passed in favour of the plaintiff for a sum of Rs. 6,475 and it was made payable in two sums of money, i.e., a sum of Rs. 3,825 to be paid by defendant 1 and a sum of Rs. 2,650 to be paid by the defendant G...
Tag this Judgment!Rameshchandra Ramchandra Vs. Emperor
Court : Mumbai
Reported in : AIR1950Bom246; (1950)52BOMLR229
Shah, J.1. The petitioner Rameshchandra was convicted by the learned Chief Presidency Magistrate, Bombay, of an offence under Section 18 (1), Press (Emergency Powers) Act XXIII (23) of 1931, for 'making' a pamphlet called 'Operation Asylum' sometime in the year 1946, and he was sentenced to refer rigorous imprisonment for a period of three months. The petitioner has come to this Court in revision against the order of conviction and sentence.2. It is admitted that the petitioner was the author of the pamphlet in question. Section 18 (1), Press (Emergency Powers) Act, 1931, provides:'Whoever makes, prints or otherwise produces, sells, distributes, publishes or publicly exhibits or keeps for sale, distribution or publication, any unauthorised news-sheet or newspaper, shall be punishable with imprisonment which may extend to six months, or with fine, or with both.'Section 15 of the Act provides:'The Magistrate may, by order in writing and subject to such conditions as he may think fit to i...
Tag this Judgment!Benares Hindu University Vs. Gauri Dutt Joshi
Court : Allahabad
Reported in : AIR1950All196
Malik, C.J.1. This appeal was filed under S. 10 of the Letters Patent against an order of a learned single Judge dismissing an application Under Section 276 of Act, XXXIX [39] of 1925. One Ram Dutt Joshi died on llth of March 1943, leaving a will dated 14th January 1943. The application by the Benares Hindu University asked for a grant of letters of administration in the right of its being a universal legatee. The application was contested by Gauri Dutt Joshi, father of the testator, who claimed that the will was not validly executed and, further, that the applicant, the Benares Hindu University, is an association of individuals and is not entitled to get letters of administration.2. The learned single Judge held on the fasts in favour of the applicant but dismissed the application as he came to the conclusion that the Benares Hindu University was an association of individuals and letters of administration could not, therefore, be granted in its favour. The applicant has filed this app...
Tag this Judgment!Raghunath Das Vs. Sri Kishan
Court : Allahabad
Reported in : AIR1950All248
ORDERSeth, J.1. These two applications in revision are directed against an order of the Small Cause Court Judge of Kanpur by which objections to the execution of two decrees were disposed of and rejected by a common judgment.2. The decrees under execution were obtained on 31st August 1929. The last application for execution was made in 1943 more than 12 years after the date of the decree. Limitation was, however, sought to be extended by relying on the Temporary Postponement of Execution of Decrees Act (U. P. Act X [10] of 1937). If the decree-holder was to get the benefit of this Act these applications for execution were within the period of limitation prescribed by Section 48, Civil P. C. The applications for execution were, however, struck off for default of prosecution on the part of the decree-holder on and March 1945. I have said that the applications for execution were struck off on 2nd March 1946, but I am not sure that this is the correct date on which these applications were ...
Tag this Judgment!Ram Gopal Vs. Dr. Baikunth Nath Sharma
Court : Allahabad
Reported in : AIR1950All290
Malik, C.J. 1. This is a plaintiff's appeal in a suit for pre-emption. On 29th March 1948, Dr. Baikunth Nath Sharma purchased plots Nos. 172, 182 and the northern portion of plot No. 180 under a sale-deed dated 29th March 1943. The sale-deed was presented for registration on the same day and the vendor admitted the execution and the receipt of consideration before the sub-registrar. The sub-registrar, however, for some reason, delayed making the entries in the requisite registers and it was not till 10th May 1943, that he noted on the back of the sale-deed that it had been registered and entered in a particular volume and page of the register. The suit for pre-emption was filed on 26th April 1944.2. Under Article 10, Limitation Act, a suit for pre-emption has to be filed within one year from the date'when the purchaser takes under the sale sought to be impeached physical possession of the whole of the property sold or where the subject of the sale does not admit of physical possession ...
Tag this Judgment!Ram Gopal and ors. Vs. Ajodhia Prasad and anr.
Court : Allahabad
Reported in : AIR1953All281
Chandiramani, J.1. This is the plaintiffs' appeal against the appellate decree of Mr. Tribeni Prasad, Civil Judge, Bahraich dated 22-7-1944.2. The plaintiffs stated that more than 20 years before the date of the suit, their father Mata Din and his five sons including 4 plaintiffs and defendant 2 Misri Lal, had a private partition of their property whereby their father gave up all his interest in family property which accordingly was equally divided between 5 sons. In 1920, defendant l fraudulently obtained a mortgage-deed from their father and their brother Misri Lal, defendant 2, in respect of the property in list B (NOS. 243, 275c) and that this mortgaged property has no connection whatsoever with the property in list A (NOS. 235, 257, 287 and 288).On the basis of this mortgage-deed, defendant 1 filed a suit for sale in May 1937. In this suit, the plaintiffs as their father was dead, were impleaded as his legal representatives. The plaintiffs filed written statement claiming paramoun...
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