Commissioner, Sales Tax vs Hindustan Metal Works
Judges: M Desai, K Asthana
09 May, 1963·10. The answer to the question which has been referred for opinion at the instance of the Commissioner, Sales Tax, U.P., turns on the scope and the extent of Notification No. S.T. 3085/X 908(16)-49 dated 3rd August, 1949, and a note by way of information sent to the Commissioner, Sales Tax, which ha...
High Court Of Judicature at Allahabad
Nagar Mahapalika Of Kanpur vs Sri Ram And Anr.
Judges: D Mathur, G Kumar
08 May, 1963·15. The same rule can be applied to a case where the officer holds only one office but wrongly describes his office by giving a non-existent designation. While he exercises the powers of the office in existence his acts shall be lawful and within jurisdiction, even though he misdescribes his office....
High Court Of Judicature at Allahabad
Thakur Das Hukum Chand vs Commissioner, Sales Tax
Judges: M Desai, K Asthana
07 May, 1963·(3) Whether on the facts of the case and having regard to the provisions of Section 21 as it stood on the date of assessment, the applicant was liable to pay a licence fee only or sales tax on his turnover as assessee ? 2. The assessee is a commission agent-kachcha arhatia-and arranges sale or purch...
High Court Of Judicature at Allahabad
Shri Nath vs Gopi Chand And Ors.
Judges: S Dhavan
07 May, 1963·1. This is a defendant's second appeal from the concurrent decisions of the Courts below decreeing the landlord's suit for his ejectment. The plaintiff-landlord alleged that the defendants did not pay rent for several months in spite of service of a notice of demand and the plaintiff thereupon filed...
High Court Of Judicature at Allahabad
Asghar Ali vs Govind Lal
Judges: R Pathak
07 May, 1963·2. The plaintiff came to court with the allegations that a shop was let out by one Masood Husain to the defendant on rent, that the plaintiff purchased the property from Masood Husain subsequently, that the plaintiff terminated the defendant's tenancy In accordance with law and was, therefore, entit...
High Court Of Judicature at Allahabad
Lachhimi Nath Pathak And Anr. vs Bholanath Pathak And Ors.
Judges: M Lal
07 May, 1963·4. The trial Court held that the plaintiff was not the owner of the land in suit nor had he acquired any title by adverse possession. The suit was accordingly dismissed. The lower appellate Court held that the land in dispute was part of No. 41/A which later on formed part of plot No. 192 and that i...
High Court Of Judicature at Allahabad
Manhoo Mal vs Mulloo And Ors.
Judges: M Desai, V Oak, R Pathak
07 May, 1963·A person who became an adhivasi on account of his lawful possession was not under any liability to ejectment on 30-6-1952 and, therefore, would not be liable to ejectment by virtue of Section 231. Section 234 had, therefore, to be enacted to provide ground for his ejectment. The liability of a tresp...
High Court Of Judicature at Allahabad
Joti Prasad vs Shotamber Nath And Ors.
Judges: M Lal
03 May, 1963·Consequently the present suit was instituted on (sic) February 1950 for removal of the defendants' balcony (sic) suring 15' x 4 1/2', for the removal of the two (sic) the parnala. An injunction was also prayed for directing the defendants not to use the land in dispute in any (sic) except for a rast...
High Court Of Judicature at Allahabad
Abdul Rahim vs Ahmad Ali And Ors.
Judges: B Dayal, R Pathak
01 May, 1963·"That the defendants 13 to 16 are owners of the mortgaged property of village Baski Kachhar and they had not joined them in the suit and so they were made pro forma defendants". 4. The suit was decreed and the predecessors of the present defendants came into possession of the properties of both the ...
High Court Of Judicature at Allahabad
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