Kashi Nath Tewari vs Mangroo Lal
Judges: M Mehrotra
17 February, 1977·1. This revision arises out of proceedings for the amendment of the plaint. 2. In a suit between the landlord and the tenant, eviction was sought by the plaintiff and, according to the plaint allegations, the accommodation in question was a post-1950 construction. In 1972 the new U. P. Act XIII of 1...
High Court Of Judicature at Allahabad
M/S. Yogesh Kumar & Sons vs Commissioner Of Sales Tax.
Judges:
14 February, 1977·(i) it must be the result of an agreement between the several persons, (ii) the agreement must be to share the profits of business, and (iii) the business must be carried on by all or any of them acting for all. All the three above elements must exist before a partnership can be said to exist. 7. As...
High Court Of Judicature at Allahabad
Faqir Chand Khattar And Ors. vs The Regional Transport ...
Judges: K Singh, N Ojha
14 February, 1977·2. A prayer was made by Shri L. P. Naithani, learned counsel for the contesting respondents, that the monies de-posited with the Regional Transport Authority, Dehradun, respondent No. 1, in pursuance of the interim orders passed by this Court on applications made by various respondents may be direct...
High Court Of Judicature at Allahabad
Smt. Premwati vs Smt. Shanti Devi And Anr.
Judges: M Mehrotra
10 February, 1977·JUDGMENT M.P. Mehrotra, J. 1. This second appeal arises out of an application for the preparation of a final decree in a suit for partition. After the preliminary decree had been passed defining the shares of the parties an application was moved for the preparation of the final decree. A commission ...
High Court Of Judicature at Allahabad
Sri Ram Krishna Mission And Anr. vs Paramanand And Ors.
Judges: M Shukla
10 February, 1977·3. The first submission of Sri N.D. Pant, learned counsel for the appellants was that the objection with respect to the non-compliance of Order 1, Rule 8, C. P. C. in the instant case was raised at the instance of the defendant-appellants and that objection was now being waived by him, consequently ...
High Court Of Judicature at Allahabad
Union Of India (Uoi) And Anr. vs Sahab Singh
Judges: M Mehrotra
09 February, 1977·The suit was contested by the appellants on the following grounds:-- That the defendant had a 36 ton air conditioner which needed replacement of parts as indicated in the tender form. That the plant was inspected by the plaintiff and he on or about 30th January 1963, accepted the order on behalf of ...
High Court Of Judicature at Allahabad
S. Haleemuddin Rahat Malsey vs The U.P. State And Anr.
Judges: M Mehrotra
09 February, 1977·The word 'satisfied' in Section 4(h) must be construed to mean 'reasonably 'satisfled', and, therefore, the finding of the Collector under Section 4(h) cannot be a subjective or arbitrary finding but must be based upon the adequate material. It is not a capricious satisfaction but must be capable of...
High Court Of Judicature at Allahabad
Registrar Of Companies vs Kt. Financiers Private Ltd.
Judges: A Banerjee
08 February, 1977·1. This is an application under Section 433(e) of the Companies Act, 1956. The Registrar of Companies has made this petition for the winding up of the respondent-company, Messrs. KT. Financiers Private Ltd., Lucknow. It was stated that the company was incorporated on 3rd October, 1956, and had its r...
High Court Of Judicature at Allahabad
Swami Nath And Ors. vs Deputy Director Of ...
Judges: R Sahai
07 February, 1977·2. Objection filed by the petitioners claiming to be sole tenure-holders of the Khata in dispute was allowed by the Consolidation Officer. The opposite party (since deceased) succeeded in appeal against which the revision filed by the petitioners was decided ex parte on 2-7-1970 on the ground that t...
High Court Of Judicature at Allahabad
Mitthan Lal vs Smt. Parwati And Ors.
Judges: H Kapoor
03 February, 1977·4. The only point that arises for decision in this case is whether the application for execution filed on 29-11-1966 was barred by limitation, it could not be seriously argued that it was barred by limitation under Section 48 C.P-C, because execution had been stayed from 10-3-1955 to 10-6-1956. i.e....
High Court Of Judicature at Allahabad
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