Mohammad Azamat Azim Khan vs Raja Shatranji And Ors.
Judges: M Desai, N Beg, S Katju
30 April, 1963·Katju, J. 8. I agree with the view which has been expressed by Hon'ble the Chief Justice. Beg, J. 9. I disagree with the view taken by my learned brothers with regard to the maintainability of the review application. In the present case the judgment of this Court was delivered on 27-11-1962. The U.P...
High Court Of Judicature at Allahabad
Chatur Mohan And Ors. vs Ram Behari Dixit
Judges: M Desai, V Oak, R Pathak
29 April, 1963·Under Sub-section (3), the Munsif serves a notice on the tenant calling upon him to pay up the arrears of rent. Sub-section (51 lays down that if the tenant does not deposit rent and does not file any objection, the Munsif shall order the tenant's eviction Sub-section (7) of Section 7-B states: 'It ...
High Court Of Judicature at Allahabad
Bariat Ullah Khan vs State Of U.P. And Anr.
Judges: V Bhargava, B Gupta
25 April, 1963·6. The correct position, it appears to us, is that, if the authority exercising the power purports to act under a provision under which that power is not vested in that authority, the exercise of that power can be justified under some other provision of law conferring the appropriate power only if i...
High Court Of Judicature at Allahabad
Basant Lal Sah vs Bhagwati Prasad Sah
Judges: S Dhavan
25 April, 1963·2. It may be noted that the permission obtained by the plaintiff under Section 3 was quashed by the Commissioner during the pendency of the suit, which however proceeded because the plaintiff claimed that the bar of Section 3 had been removed because of the default in payment of rent. 3. The trial C...
High Court Of Judicature at Allahabad
J.K. Cotton Manufacturers Ltd. vs Commissioner, Sales Tax
Judges: M Desai, K Asthana
23 April, 1963·2. The assessee at whose instance the statement has been referred, is a manufacturer of canvas cloth and the question is at what rate it is liable to pay sales tax on the turnover of sale of canvas cloth. 3. Under Section 3 of the U. P. Sales Tax Act subject to the other provisions of the Act, a dea...
High Court Of Judicature at Allahabad
Hajira Bibi vs Abrar Hussain
Judges: S Singh
23 April, 1963·2. The house in question was let out to the defendant at Rs. 13/- p.m. The, rent was, obviously, therefore, for the whole of the accommodation. If the plaintiff dispossessed the defendant from a part of the same, he ceased to be entitled to realise rent from him either for the whole of the accommoda...
High Court Of Judicature at Allahabad
Satya Ketu vs The Election Tribunal And Ors.
Judges: B Dayal, R Pathak
19 April, 1963·"That in case in the opinion of this Hon'ble Court it is found that any rule of voting and marking of ballot papers was contravened by the electors as a result of which certain ballot papers are to be rejected, then the same rule and principle should be applied to all the ballot papers whether cast ...
High Court Of Judicature at Allahabad
Chiranjit Lal Gambir, Adv. vs Narang Industries Ltd. And Ors.
Judges: B Dayal, R Pathak
19 April, 1963·4. The Additional Tribunal Judge, Dehradun framed two preliminary issues : 2. Whether in a proceeding under Section 5 of Act LXX of 1951 it is competent to determine" the amount due to this debtor petitioner from any respondent who is not a creditor of the petitioner? 7. Whether the decree in favour...
High Court Of Judicature at Allahabad
Bharat Prasad vs Paras Singh And Ors.
Judges: N Beg
18 April, 1963·2. The trial Court repelled all the three pleas-of the defendants, and decreed the suit of the plaintiff for Rs. 1,448/15/3 with costs against the assets of Hardeo Singh in the hands of defendants 1 to 3. The lower appellate Court reversed the judgment and decree of the trial Court and dismissed the...
High Court Of Judicature at Allahabad
Delta Engineering Co. Private ... vs Commissioner Of Sales Tax
Judges: M Desai, K Asthana
18 April, 1963·Whether centrifugal water pumps used for pumping water from tube well are exempt from tax on the ground that they are 'agricultural implements' within the meaning of item No. 18 of Notification No. S.T. 119/X-928 of the U.P. Government issued under Section 4 of the U.P. Sales Tax Act ? 2. The assess...
High Court Of Judicature at Allahabad
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