Khalil Ahmad And Ors. vs Additional District Judge, ...
Judges: H Sarup, G Nath
27 February, 1974·3. Learned counsel for the petitioner contends that once the application under Order 22, Rule 4 is dismissed, the bar of Order 22, Rule 9 comes in the way even in the impleadment of parties by the court under Order 1, Rule 10 (2) C.P.C. We are unable to accept this contention. Order 22, Rule 4 gives...
High Court Of Judicature at Allahabad
Charan Singh Attar Singh vs The Sub-Divisional Officer ...
Judges: K Singh
27 February, 1974·2. Charan Singh petitioner and Gandharwa Sain, respondent No. 2, contested election for the office of Pradhan of Gaon Sabha. The petitioner was declared elected on 2nd June, 1972. Respondent No. 2 filed an application under Section 12-C of the U. P. Pancbayat Raj Act questioning the petitioner's ele...
High Court Of Judicature at Allahabad
Ram Swarup Jain vs Sri Janki Devi Bhagat Trust
Judges: A Banerji
25 February, 1974·4. Paragraph 5 of the lease deed, Ex. 12, reads as follows: "5. Yeh ki bad guzarne meyad kirayanama haza jis waqat bhi makan farik awwal khali kare ga ya farik doyam khali karaya ga to har do janib se 15 din ka notice tehrir men dena lazami hoga." Learned counsel argued that if the suit premises was...
High Court Of Judicature at Allahabad
Jagdishkumar Agrawal vs State Of U.P. And Anr.
Judges: S Chandra, N Ojha
25 February, 1974·The Rent Control and Eviction Officer came to the conclusion that it appeared that the appellant had let out the disputed portion on rent to the respondent and that he did not require it for his own use inasmuch as he was residing at Delhi. On this finding he directed the accommodation to be allotte...
High Court Of Judicature at Allahabad
Arun Kumar Sarraf vs Commissioner Of Income-Tax
Judges: S Chandra, N Ojha
25 February, 1974·1. M/s. Krishna Lal Rishikesh. 2. M/s. Parrnanand Stores. 3. M/s. Sarraf Brothers. In the firm, M/s. Krishna Lal Rishikesh, the assessee's father, Sri Rishikesh, was a partner. In the firm, M/s. Parmanand Stores, the assessee's mother was a partner. The assessee's share of profit in the first firm w...
High Court Of Judicature at Allahabad
Ram Narain Choubey vs Gangadhar Choubey And Ors.
Judges: M Mehrotra
25 February, 1974·6. Section 17(c) of the Easements Act lays down as under: "17. Easements acquired under Section 15 are said to be acquired by pres-cription, and are called prescriptive rights. None of the following rights can be so acquired (a) ..... (b) ...... (c) a right to surface water not flowing in a stream a...
High Court Of Judicature at Allahabad
Om Prakash Saxena vs Raja Babu Saxena
Judges: A Banerji
25 February, 1974·4. In support of the rival cases certain decisions of this Court and of the Supreme Court were cited. Learned counsel for the appellant cited the case of Ram Dayal v. Jawala Prasad. (AIR 1966 All 623) decided by a single Judge of this Court. In this case it was observed: ''Once it is found that the ...
High Court Of Judicature at Allahabad
Phool Wati And Ors. vs Gur Sahai
Judges: D Mathur, G Mathur, H Seth
25 February, 1974·6. Section 115 was again amended by Section 6 of the U. P. Civil Laws Amendment Act, 1972, by substituting the words "the High Court in cases arising out of original suits of the value of twenty thousand rupees and above, and the District Court in any other case" for the words "the High Court or Dis...
High Court Of Judicature at Allahabad
Commissioner Of Income-Tax vs Ram Achal Ram Sewak
Judges: R Gulati, C Singh
22 February, 1974·(i) the assumption of jurisdiction by the Inspecting Assistant Commissioner was not valid as he was not satisfied that the assessee had concealed the particulars of his income during the course of the assessment proceedings, which was a condition for initiation of the penalty proceedings under Secti...
High Court Of Judicature at Allahabad
Commissioner Of Sales Tax vs Mango Mal Nanak Ram
Judges: S Chandra, R Gulati
22 February, 1974·Whether, on the facts and in the circumstances of the cases, white cement, refractory cement and cement are the same commodity and the turnover of white cement and refractory cement should have been taxed as turnover of cement at 7 per cent under Notification No. ST-6438/X -- 1012-1962 dated 1st Dec...
High Court Of Judicature at Allahabad
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