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Judgment Search Results Home > Cases Phrase: mediation Court: allahabad Year: 1977 Page 1 of about 22 results (0.012 seconds)

Apr 05 1977 (HC)

Similesh Kumar Vs. Gaon Sabha Uskar Ghaziapur and ors.

Court : Allahabad

Decided on : Apr-05-1977

Reported in : AIR1977All360

satish chandra, j.1. i have had the advantage of reading the judgment prepared by hon. k. c. agarwal, j. i entirely agree. i would, however, like to make a few observations.2. in dhulabhai v. state of madhya pradesh, air 1969 sc 78 hidayatullah, c. j., speaking for the supreme court, laid down that questions of the correctness of orders are for the decision of the authorities created by a statute, and a civil suit does not lie if the orders of the authorities are declared to be final, or there is an express prohibition under a particular act.3. the last sub-section of section 198 of the zamindari abolition act declares that the orders of the collector are, subject to a revision under section 333, 'final'. this thus bars a suit or any other proceeding in a civil court. the order passed by the collector or an order passed by the board of revenue in a revision filed against the order of the collector, if any, gains finality between the parties. these orders settle and conclude the rights of the parties. as such the rights cannot subsequently be re-opened.4. section 49 of the consolidation of holdings act permits declaration and adjudication of rights of tenure-holders in respect of land lying in an area for which a notification has been issued under section 4 (2). it also permits adjudication of any other right arising out of consolidation proceedings. but both these matters are permitted 'in regard to which a proceeding could or ought to have been taken under this act'. the .....

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Mar 31 1977 (HC)

Hari Shankar Vs. Durga Devi and anr.

Court : Allahabad

Decided on : Mar-31-1977

Reported in : AIR1977All455

m.p. mehrotra, j.1. this is the defendant's second appeal. they have lost in both the courts below and have come up in the instant appeal.2. the brief facts are these:--the deity sued as the plaintiff for a declaration that the deity was the owner of house no. 211, faithful ganj, kanpur. one pilamber lal was the original owner of many properties including the one in dispute in the suit. he died some time in 1932 and on his death, dispute arose between various parties. one raghubir prasad claimed to be the adopted son of the said pitamber lal. smt. rukmani kunwar was the widow and newaji lal was the brother of the said pitamber lal-raghubir prasad filed suit no. 28 of 1933 in the court of the civil judge, kanpur, wherein newaji lal and smt. rukmani kunwar were made defendants. there were certain other defendants also in the said suit. the prayer in the suit was that a declaration be granted that in terms of the will dated 17th september, 1932 of the said pitamber lal, the plaintiff raghubir prasad was the trustee in valid possession and management of the properties detailed at the foot of the plaint. in the alternative, the relief sought was that in case the aforesaid relief could not be granted to the plaintiff, then the latter was entitled to the said property as the validly adopted son of the said pitamber lal and that he was in possession of the said properties in the said capacity. admittedly the property in dispute before me was one of the items of the proper-ties .....

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Dec 20 1977 (HC)

Banwari Lal Madan Mohan Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Dec-20-1977

Reported in : (1978)7CTR(All)26; [1988]113ITR562(All)

satish chandra, j. 1. the assessee is a registered firm carrying onbusiness in cloth at bareilly. up to the assessment year 1960-61, the assessment was completed in the status of the hindu undivided family, which consisted of seven members, including its karta, banwari lal. on 31st march, 1960, there was a partial partition in regard to the family business which was taken over by three members only, namely, banwari lal, karta, madan mohan and ghanshyam. a partnership firm consisting of these three as partners continued the business.2. the balance-sheet of the hindu undivided family as drawn on 31st march, 1960, consisted of a number of assets and liabilities includinga credit balance of rs. 25,230 in respect of provision of sales tax liability of the hindu undivided family.3. the assessment of the business of the partnership firm was completed in the status of a registered firm in the years 1961-62 onwards.4. in respect of the assessment year 1962-63 the firm claimed deduction of rs. 11,484 on account of payment of sales tax dues. the relevant facts in this respect were that assessment orders under the sales tax act in respect of the assessment years 1954-55 to 1957-58 were completed by the sales tax officer by an order dated 31st march, 1961. the sales tax liability for all these years was computed at rs. 1,23,518.5. the partnership firm went up in appeal. the appellate authority reduced the amount of tax by rs. 39,110. thereafter, the firm prayed for and was granted .....

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Dec 20 1977 (HC)

Banwari Lal Madan Mohan Vs. Commissioner of Income-tax, Lucknow.

Court : Allahabad

Decided on : Dec-20-1977

Reported in : [1978]113ITR562(All)

satish chandra j. - the assessee is a registered firm carrying on business in cloth at bareilly. up to the assessment year 1960-61, the assessment was completed in the status of the hindu undivided family, which consisted of seven members, including its karta, banwari lal. on march 31, 1960, there was a partial partition in regard to the family business which was taken over by three members only, namely, banwari lal, karta, madan mohan and ghanshyam. a partnership firm consisting of these three as partners continued the business.the balance-sheet of the hindu undivided family as drawn on march 31, 1960, consisted of a number of assets and liabilities including a credit balance of rs. 25,230 in respect of provision of sales tax liability of the hindu undivided family.the assessment of the business of the partnership firm was completed in the status of a registered firm in the years 1961-62 onwards.in respect of the assessment year 1962-63 the firm claimed deduction of rs. 11,484 on account of payment of sales tax dues. the relevant facts in this respect were that assessment orders under the sales tax act in respect of the assessment years 1954-55 to 1957-58 were completed by the sales tax officer by an order dated march 31, 1961. the sales tax liability for all these years was computed at rs. 1,23,518.the partnership firm went up in appeal. the appellate authority reduced the amount of tax by rs. 39,110. thereafter, the firm prayed for and was granted instalments to pay the .....

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Apr 11 1977 (HC)

Shiv NaraIn Chaudhari Vs. Commissioner of Wealth-tax

Court : Allahabad

Decided on : Apr-11-1977

Reported in : [1977]108ITR104(All)

chandrashekhar, j. 1. at the instance of the assessee, the income-tax appellate tribunal, allahabad bench (hereinafter referred to as 'the tribunal'), has referred to this court the following question of law :'whether house properties bearing the municipal door nos. 92, 92-a, darbhanga castle, and 17/33, mahatma gandhi marg, allahabad, occupied as residences by different members of the assessee-hindu undivided family together constitute 'one house' belonging to the assessee and as such are exempt under section 5(1)(iv) of the wealth-tax act, 1957?'2. the material facts, as set out in the statement of the case, are briefly as follows: the assessee is a hindu undivided family. it consists of four adult male members. they are living in four different independent residential units which are connected by a common passage in a building owned by them and bearing municipal door nos. 92 and 92-a, darbhanga castle, in allahabad. a part of that building was constructed in the year 1960 and was assigned municipal door no. 92. that building was extended in the year 1963 and such extended portion was assigned door no. 92-a. two of the residential units are situate in the portion of the building bearing door no. 92 and the remaining two residential units, in the portion bearing door no. 92-a. the assessee-family also owned another building bearing municipal door no. 17/33, in another locality, mahatma gandhi marg, allahabad. a part of that building was let out and a part of it was in the .....

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Apr 19 1977 (HC)

Rameshwar Dayal Vaish Vs. Mani Lal Tripathi

Court : Allahabad

Decided on : Apr-19-1977

Reported in : AIR1977All534

m.n. shukla, j. 1. this is defendant's second appeal against the decree and judgment of the court below decreeing the plaintiff's suit for rent and ejectment. 2. the case of the plaintiff-respondent in brief was that he was the owner and landlord of premises no. 106/115 ram park, gandhi nagar, kanpur and the appellant was his tenant, in occupation of the first floor of that house on a rent of rs. 20/- per month. the respondent served a notice (ex. 8) dated 7-12-1967 for demand and ejectment on the appellant on 11-12-1967, asking for five months' rent for the period july 1967 to nov. 1967, which would work out to a sum of rs. 100/-. according to the plaint allegations the defendant neither paid the rent nor vacated the premises within the time prescribed. hence, he made himself liable for ejectment and the suit was accordingly filed. 3. the defence of the appellant was that he had remitted the rent by money order for the months of july, august, sept. and oct. 1967, in each of the respective months when it fell due, that shortly before the receipt of the notice he also remitted a sum of rs. 80/- by money order on 4-12-1967 and that even after the receipt of the notice he remitted another sum of rs. 49/- by money order on 16-12-1967. the courts below came to the conclusion that on receipt of the notice of demand the defendant failed to pay the rent for five months which the notice required him to pay, hence more than three months' rent was due on the date of notice and .....

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Feb 03 1977 (HC)

Mitthan Lal Vs. Smt. Parwati and ors.

Court : Allahabad

Decided on : Feb-03-1977

Reported in : AIR1977All236

h.n. kapoor, j. 1. this is judgment-debtors appeal against the order andjudgment dated 20-11-1974 of 1st addl. civil judge, dehradun, in miscellaneous appeal no. 39 of 1971, confirming the order of the execution court (munsif dehradun) in execution case no. 283 of 1966, rejecting the objections of the judgment-debtor and holding that the application for execution which was moved on 25-11-1966 was within time. 2. the facts giving rise to this appeal, briefly stated, are as follows:-- in suit no. 86 of 1953, parwati v. mitthan lal, a decree was passed on 31-3-1354 for the ejectment of the defendant-appellant and for recovery of arrears of rent and mesne profits. an application for execution was moved but the execution was stayed by bringing another suit (suit no. 115 of 1955). the stay continued till 10-6-1956 from 10-3-1955. there was then a compromise during the execution proceedings in the present suit on 28-5-1957, according to which two years' time was granted to the judgment-debtor to vacate the premises. the judgment-debtor also paid rs. 50 towards decretal amount and damages. it was further settled that he would pay further damages in monthly instalments of rs. 16 per month. the first instalment was to be due in july, 1967. it was also stipulated that in default of payment of any instalment a total default shall be treated and it would be open to the decree-holder to get the decree for possession executed and to realise the entire decretal amount. the execution court .....

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Jan 31 1977 (HC)

Bhuwal Vs. Deputy Director of Consolidation, Pratapgarh and anr.

Court : Allahabad

Decided on : Jan-31-1977

Reported in : AIR1977All488

yashoda nandan, j.1. the following two questions have been referred to this bench for its opinion :1. whether the first proviso to clause 14 of the u, p. high courts (amalgamation) order, 1948, is in conflict with the provisions of the constitution relating to the constitution and organization of the high courts (namely, articles 214, 230, 231) and the scheme contemplated therein, and is saved by article 226 or article 372 or any other article of the constitution after its enforcement on 26-1-1950? 2. whether the jurisdiction and power of the allahabad high court, conferred on the judges sitting at lucknow under clause 14 of the u. p. high courts (amalgamation) order, 1948, include the jurisdiction and power under article 226 of the constitution ?since the constitutionality of an order issued by the governor general was in question, notice was issued to the learned attorney general of india. notices were also issued to the allahabad high court bar association and to the oudh bar association which are vitally interested in the questions referred to this bench.2. we have heard learned counsel for the parties as well as the counsel who represented the two bar associations. before proceeding to deal with the questions referred to this bench in the order in which they have been posed, we would like to mention that a full bench of this court in nirmal dass khaturia v. state transport (appellate) tribunal u. p. lucknow (air 1972 all 200 (fb)), referred to the various provisions of .....

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Dec 16 1977 (HC)

Avtar Singh and ors. Vs. State of Uttar Pradesh

Court : Allahabad

Decided on : Dec-16-1977

Reported in : 1978CriLJ324

j.p. chaturvedi, j.1. these are three criminal appeals, criminal appeal no. 398 of 1977 is by avtar singh, criminal appeal no. 431 of 1977 is by dharampal and criminal appeal no. 1251 of 1977 is by vikram. appellant vikram. waa convicted of the offences under sections 302, 394 and 396, i.p.c and section 27, indian arms act and he was sentenced to death for the offence under section 302, i.p.c, to undergo r.i. for ten years under section 394, i.p.c. for two years r.i. under section 326 read with section 34, i.p.c. and for four years under section 27, indian arms act. appellant dharampal was convicted of the offences under sections 302 read with section 34, i.p.c, 326 read with section 34, i.p.c. and 394, i.p.c. and was sentenced to death, r.i. for ten years and r.i- for two years respectively. appellant avtar singh was convicted of the offences under sections 394, 302 and 326, i.p.c. all read with section 120b, i.p.c. and he was sentenced to undergo life imprisonment for the offence under section 302 read with section 120b, i.p.c, r.i. for seven years for the offence under section 394 read with section 120b, i.p.c and for two years r.i. under section 326 read with section 120b, i.p.c the sentences were ordered to run concurrently. the learned sessions judge also made a reference for the confirmation of the death sentences awarded to appellants vikram and dharampal.2. the prosecution case was that on 16-12-1975, shri niwas gupta (p.w. 2) was the branch manager, central bank, .....

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Jul 19 1977 (HC)

Committee of Management, ColvIn Taluqdars' College and Ors. Vs. Chandr ...

Court : Allahabad

Decided on : Jul-19-1977

Reported in : AIR1978All93

t.s. misra, j. 1. this appeal is directed against the decision rendered by a learned single judge in a writ petition filed by the respondent no. 1 against the appellants and the respondents nos. 2 to 5. the respondent no. 1 had claimed for the issue of a writ in the nature of quo warranto commanding the appellants and the respondent no, 5 to show as to by what authority they were holding their respective offices and that they may be ousted from their respective offices. the respondent no. 1 had also asked for the issue of a writ in the nature of mandamus commanding the present respondents nos. 2, 3 and 4 to take action for enforcement of the provisions of the u. p. intermediate education act (hereinafter called the act) according to law and to quash all acts and actions of the present appellant no. 1 as ineffective, illegal and void. the learned single judge has by his impugned order issued the writ in the nature of quo warranto and has ousted the appellants nos. 2 to 18 as well as the respondent no. 5 from the committee of management. the learned single judge has, however, refused to issue the writ in the nature of mandamus as prayed by the respondent no. 1. 2. the facts leading to the writ petition lie within a narrow compass. the respondent no. 1 was employed as a teacher in the colvin taluqdars' college, lucknow which admittedly is a recognised and aided educational institution imparting education for the high school and intermediate examinations of the u. p. board of .....

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