Triloki Nath, Manager And Karta Of ... vs Governor-General In Council, ...
Judges: W Ullah
29 September, 1950·The rest of the contents of the Risk Note are not material for purposes of this case. 7. In the present case both in the "Goods Consignment Note" as well as in the "Risk Note Form A," the "note" made about the condition of the goods is this : "Bags old and repaired. Sewn defective." 8. From the "spe...
High Court Of Judicature at Allahabad
H. Bevis And Co. vs Ram Behari And Ors.
Judges: Agarwala, M Amhad, Desai
28 September, 1950·13. Another Bench of the same High Court decided in Annamalai Desikar v. Govinda Rao, A.I.R. (11) 1924 Mad 857. (20 M. L. W. 556), that no appeal lies under Order 43, Rule 1 (r) against an order merely ordering notice to be issued as required under Rule 3 of Order 39. 14. Even if the appellant's app...
High Court Of Judicature at Allahabad
Dhaukal Mal Dwarka Prasad vs Commissioner Of Income-Tax, ...
Judges:
28 September, 1950·(2) Whether the fact of the registration of the firm under Section 26A of the Income-tax Act is a bar to the addition of its income to the income of a firm which is subject to excess profits tax proceedings by the Excess Profits Tax Officer in exercise of his powers of adjustment under Section 10A (...
High Court Of Judicature at Allahabad
Dhaukal Mal Dwarka Prasad vs Commissioner Of Income Tax
Judges:
28 September, 1950·(1) Whether the formation of the new partnership is a transaction within the meaning of Section 10 A of the Excess Profits Tax Act ? (2) Whether the fact of the registration of the firm under Section 26A of the Income-tax Act is a bar to the addition of its income to the income of a firm which is su...
High Court Of Judicature at Allahabad
Hamid Hussain Khan vs Masood Hussain Khan And Ors.
Judges: Agarwala, M Ahmad, Desai
28 September, 1950·Desai, J. 9. I am sorry that I have to differ from the views just now expressed by my learned brother. I am of the view that not only is the appeal competent but also it should succeed. 10. The lower Court has not mentioned in its order whether it has passed the order under Order 39 Rule 1 or Sectio...
High Court Of Judicature at Allahabad
Hari Har Prasad Singh vs Beni Chand
Judges: Wanchoo, Agarwala, P Bhargava
27 September, 1950·8. The distinction between a memorandum of appeal has also been recognised by the Court-fees Act. Article 1 of Schedule I of the Act mentions a memorandum of appeal (not an appeal) as a document chargeable with fees. Under Section 4 of the Act : "No document of any of the kinds specified in the 'fir...
High Court Of Judicature at Allahabad
Abbas Ali vs Mt. Rabia Bibi
Judges: V Bhargava
27 September, 1950·1. This second appeal arises out of a suit for dissolution of marriage brought by the plaintiff-respondent against the defendant-appellant. 2. The respondent, Smt. Rabia Bibi who is the wife of Abbas Ali appellant, brought this suit claiming divorce on grounds of cruelty and the false charge of adul...
High Court Of Judicature at Allahabad
S. Wajid Ali vs Mt. Isar Bano Urf Isar Fatma
Judges: Malik, Wanchoo, Agarwala, P Bhargava, M Ahmad
26 September, 1950·(5) In case the deficiency in court-fee is made good within the time allowed by the Court, the date of the institution of the suit or appeal shall be deemed to be the date on which the suit was filed or the appeal presented. (6) In all cases in which the report of the officer referred to in Sub-sect...
High Court Of Judicature at Allahabad
Rustam Singh And Ors. vs Gopal Singh
Judges: Agarwala
26 September, 1950·4. The trial Court held that the suit was not barred by Section 180 (2), Tenancy Act, hereditary rights could not accrue in favour of the defendant in respect of the sir land and decreed the suit. On appeal the lower appellate Court held that the reasoning of the trial Court that hereditary rights c...
High Court Of Judicature at Allahabad
Mohd. Naim Mohd. Alam vs The Commissioner Of Income-Tax
Judges: Malik, V Bhargava
26 September, 1950·From the facts set out below, it would appear that the second question does not really arise and, therefore, does not call for an answer. 2. The notice of demand was served on the assessee on 10-1-1947. The assessee filed an application for a copy of the order of assessment. On 29-8-1947, he sent a ...
High Court Of Judicature at Allahabad
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