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Judgment Search Results Home > Cases Phrase: mediation Year: 1956 Page 5 of about 332 results (0.022 seconds)

Aug 07 1956 (HC)

Raja Harishchandra Raj Singh Vs. Deputy Land Acquisition Officer and a ...

Court : Allahabad

Decided on : Aug-07-1956

Reported in : AIR1957All112

mootham, c.j. 1. this is an appeal from an order of a learned single judge of this court dated 22-2-1955, granting certain reliefs on a petition under article 226 of the constitution. the relevant facts are not in dispute and can be stated shortly. 2. certain property belonging to the petitioner was acquired under the provisions of the land acquisition act, 1894; and on the 25th march, 1951, the collector made an award in accordance with the provisions of section 11 of the act. no notice of his award was given by the collector to the petitioner under sub-section (2) of section 12, and the petitioner's case is that he did not come to know that the award had been made and filed until 13-1-1953. the petitioner was not prepared to accept the award and on 24-2-1953, he filed an application under section 18 of the act before the collector that the matter be referred to the court. this application was rejected by the collector ,on the same day as being beyond time. it is not clear whether, as alleged by the appellants, the petitioner was immediately informed that his application had been rejected or whether, as stated by the petitioner, he ascertained this fact only at the end. of october 1953. on the 21-12-1053. he filed the writ petition out of which this appeal arises. in that petition the relief sought by the petitioner was the issue of a writ of certiorari quashing the entire proceedings culminating in the award or, alternatively, the issue of a writ of mandamus commanding the .....

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Oct 05 1956 (HC)

Anand Kumar Bindal Vs. Employees' State Insurance Corporation and Ors. ...

Court : Allahabad

Decided on : Oct-05-1956

Reported in : AIR1957All136

mootham, c.j.1. this is a petition under article 226 of the constitution. the petitioner is the occupier of a factory in saharanpur which is engaged in manufacture of cloth. he was called upon by the regional director of the employees' state insurance corporation to pay a sum of rs. 12,484 as a special contribution payable by an employer under chap. va of the employees' state insurance act in respect of a period extending from 1st april 1953 to 31st march, 1955.the petitioner disputed his liability for payment of this sum or any part of it, and as a consequence of his refusal to pay steps are now being taken against him for recovery of the amount claimed as though it were an arrear of land revenue, and he is threatened with prosecution under section 85 of the act. the petitioner contends that the demand is illegal, and the principal relief which he seeks by this petition is the issue of a mandamus directing the respondents not to recover from him any contribution under the provisions oi the employees' state insurance act.2. the employees' state insurance act became law on the 19th april, 1948. its purpose as stated in the preamble is to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto. for the purpose of administration of the scheme of employees' state insurance the act established a body corporate known as the employees' state insurance corporation on which are .....

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Oct 29 1956 (HC)

Kunwar Murli Manohar Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Decided on : Oct-29-1956

Reported in : AIR1957All159

mootham, c.j.1. these are petitions in which the validity of a cess or tax imposed by the state government on sugarcane entering the premises of sugar factories in the uttar pradesh is challenged.2. section 29(2) of the united provinces sugar factories control act, 1938, (hereinafter called the 1938 act) empowered the governor, after consulting a sugar control board established under the act, by notification to impose a cess on the entry of sugarcane into any local area specified in the notification for consumption, use or sale therein.notifications were issued under this section at the commencement of each crushing season imposing uniform cess of three annas a maund on sugarcane entering the premises of all vacuum pan sugar factories as defined in the act within the province or state. the last notification under this act was published on the 1953 the 1938 act was replaced by the u. p. sugarcane (regulation of supply and purchase) act, 1953, (hereinafter called the 1953 act) section 20 (1) of which was in substantially the same terms as section 29(2) of the earlier act save that the levy is now described as a tax. thereafter notifications were issued under the 1953 act imposing a tax at the same rate in respect of sugarcane entering factory premises in the crushing seasons 1953-54, 1954-55 and 1955-56.3. payment of the cess or tax was demanded from the petitioners; they have however, with the exception of the petitioners in petitions nos. 539 and 540, declined .....

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Dec 05 1956 (HC)

Chaman Lal Seth Vs. State of Uttar Pradesh and anr.

Court : Allahabad

Decided on : Dec-05-1956

Reported in : AIR1957All241; (1958)IILLJ380All

ordermootham, c.j.1. this is a petition under article 226 of the constitution which has been filed in the following circumstances: the petitioner was formerly in the police service in sind, now west pakistan. in 1947, at the time of partition he came to the united provinces, and on the 20th august, 1949, he was appointed a sub-inspector in the united provinces police on probation for two years from the date of joining the force. this he did on the 31st august, 1949. the letter of appointment read as follows:-- 'appointment of displaced persons as s. is. in u. p. you are appointed as sub-inspector of police in the scale of rs. 120-6-180-e. b. 10-200 plus usual dearness allowance admissible under the rules and posted to unnao in a vacancy. you should report to the superintendent of police, unnao, at once. no. v-1530-47, dated august 20, 1949. copy forwarded to the supdt. of police, unnao for information and necessary action. the candidate will be appointed on probation for a period of 2 years and confirmed in his appointment by the range d.i.g. if found suitable vide para 537 p. rs.' on the 21st august 1951 the petitioner was summarily discharged from the service by the deputy inspector-general, central range, but, on appeal to the inspector general of police the latter directed that the petitioner be reinstated and that an enquiry be made into his conduct in accordance with para 537 of the police regulations. the petitioner thereafter rejoined the service and on the. 28th may .....

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Jan 05 1956 (HC)

Cotton Spinning and Weaving Mills Co. Ltd. Vs. Govt. of State of U.P. ...

Court : Allahabad

Decided on : Jan-05-1956

Reported in : AIR1957All252; (1957)ILLJ439All

mootham, c.j.1. these are two appeals from a judgment of mr. justice chaturvedi dated the 2nd november, 1954, dismissing two writ petitions filed by the appellant under article 226 of the constitution.2. the circumstances in which the petitions were filed can be stated, shortly. the petitioner is a limited company and carries on the business of cotton spinning and weaving in kanpur. in april and may 1930 large quantities of cloth were stolen from the petitioner's warehouse and on 13th june, 1950, the employers' association of northern india, at the instance of the petitioner, moved the regional conciliation board to enquire into an industrial dispute which it was contended had arisen between the petitioner and its workmen and to declare that the former would be justified in terminating the services of 27 members of its watch and ward personnel. the regional conciliation board conducted an enquiry, and by an award dated the 2nd september, 1950, it held that the petitioner was entitled to terminate the services of the 27 members of its watch and ward personnel on payment to them of compensation. the employers' association of northern india preferred an appeal on behalf of the petitioner against this award and cross appeal was also filed by the suti mill mazdoor union, kanpur, on behalf of the 27 employees.3. on the 24th january, 1951, the industrial court allowed the appeal filed by the employers' association and dismissed that filed by the suti mill mazdoor union; and shortly .....

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Nov 08 1956 (HC)

Abdul Raheem Vs. Raghunath Singh

Court : Allahabad

Decided on : Nov-08-1956

Reported in : AIR1957All263

mootham, c. j. 1. this is an appeal from a judgment of the learned additional civil judge of ballia dismissing an appeal from a judgment of the munsif of rasra, district ballia.2. on the 21st january, 1921, the predeces-sors-in-title of the respondent executed in favour of the appellant a lease in perpetuity of a price of land, the consideration therefor being the payment of a premuim of rs. 969 and an annual rent of rs. 3-1-8. the lease was thereafter registered under the indian registration act. it is common ground that the appellant was put into actual possession of the demised property, and that some eighteen months or two years later he sublet the land to one ram dhari, the son of chirkut deceased.after some earlier litigation, which it is not at present necessary to refer, the appellant in march, 1941, filed a suit under section 59 of the u. p. tenancy act against his lessor and ram dhari for a declaration that he was a tenant of the former. on the 26th september, 1941, the suit was dismissed on the ground that chirkut was the occupancy tenant of the land in 1921 and that the predecessors-in-title of the respondent had no power to execute the lease in favour of the appellant. from this decision the appellant appealed to the commissioner but his appeal was dismissed on the 9th january, 1942.thereafter on the 30th december, 1944, the appellant filed a suit against the respondent for the recovery of the sum of rs. 1,143, being the amount of the premium rs. 969 with .....

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Dec 04 1956 (HC)

Mohd. Ibrahim Vs. Election Tribunal and ors.

Court : Allahabad

Decided on : Dec-04-1956

Reported in : AIR1957All292

mootham, c.j.1. this is a petition under article 226 of the constitution which raises two questions of election law of some importance.2. the facts are these: five persons, who are respondents nos. 5 to 9, were candidates for election to the house of the people from the luck-now district (central) constituency at a bye-election held on the 27th february, 1955. at this election srimati sheoraiwati nehru was declared elected and thereupon sri triloki singh, respondent no. 5, filed an election petition challenging the election of the successful candidate on a number of grounds, it being alleged that corrupt practices had been committed at the election.3. on the 14th june. 1958, the election tribunal constituted to hear the petition served upon the petitioner who is a minister in the government of the uttar pradesh. a notice under the proviso to section 99(1) of the representation of the people act. 1951. calling upon him to appear before the tribunal and to show cause why he should not be named as a person who had been proved at the trial to have been guilty of the corrupt practice defined in section 123 clause (8) of that act; namely that as an agent of srimati sheoraiwati nehru he obtained or procured the assistance of a person serving under the state government for the furtherance of the prospects of srimati sheorajwfti nehru's election.the petitioner was thereafter represented before the tribunal which proceeded to record evidence as to whether the petitioner, and another .....

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Oct 09 1956 (HC)

Bhagwati Prasad Vs. J.K. Tandon and ors.

Court : Allahabad

Decided on : Oct-09-1956

Reported in : AIR1957All354

mootham, c.j.1. this is a petition under article 226 of the constitution which raises a question of some importance as to the powers of the director of elections appointed under the panchayat raj rules.2. the relevant facts can be shortly stated. the petitioner and the third respondent were nominated as candidates for election to the office of pradhan of a gaon sabha. both candidates duly presented their nomination papers to the assistant returning officer on the 23rd november, 1955, which was also the date fixed for the scrutiny of nominations.the nomination paper of each of these candidates was, after scrutiny, accepted by the assistant returning officer. on the 3rd december, 1955, the assistant returning officer made an order rejecting the nomination paper of the third respondent on the ground that he, having been convicted of an offence involving moral turpitude, was disqualified from nomination, and on the following day, that is on the 4th december, the assistant returning officer declared the petitioner duly elected to the office of pradhan.3. on the 19th december the third respondent filed a petition in this court under article 226 of the constitution with the prayer that a writ be issued quashing the order of the assistant returning officer dated the 3rd december, 1956. the matter then appears to have been brought to the attention of the director of elections who, by an order dated the 29th december, 1955, directed that '(1) the subsequent orders of the assistant .....

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Jan 18 1956 (HC)

Lakshmi NaraIn Sharma Vs. District Board, Gazipur

Court : Allahabad

Decided on : Jan-18-1956

Reported in : AIR1956All433

mootham, c.j.1. this is an appeal from a judgment of a learned single judge of this court dated 24-2-1955 dismissing a petition under article 226 of the constitution. the appellant is one of the proprietors of a firm which carries on the business, 'inter alia', of running of flour mill, a rice mill and an oil mill at nandganj in the district of gazipar and within the jurisdiction of the gaon sabha of barahpur. it appears that the three mills occupy one premises.2. on 27-3-1953, a set of bye-laws for the regulation and control of flour, rice and oil mills in the rural areas of the ghazipur district was made by the district board of ghazipur under section 174, district boards act, 1922. bye-law no. 1 defined mills as including all flour rice and oil mills worked by any mechanical contrivance, and bye-law no. 2 provided that no person shall establish or maintain a mill within the rural area except in accordance with the conditions laid down in bye-law no. 3.bye-law no. 3 specified the conditions, and exception is taken by the appellant to clauses (i), (j) and (k). clause (i) requires any person desiring to start one of such mills to obtain a licence from the board upon payment of a fee of rs. 20/-. clause (k) provides that if a mill is used for more than one of the specified purposes, that is as a flour, rice or oil mill, a separate licence fee shall be paid in respect of each purpose.bye-law no. 4 makes provision for the form of application for a licence and bye-law no. 5 .....

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Feb 09 1956 (HC)

Khubi Ram Brij Kumar Vs. Sales Tax Officer, Ghaziabad

Court : Allahabad

Decided on : Feb-09-1956

Reported in : AIR1956All445; [1956]7STC813(All)

mootham, c.j. 1. this is a petition under article 226 of the constitution. the petitioner is a firm carrying on the wholesale cloth business in the town of pilkhuwa in the district of meerut. the respondent is a sales-tax officer, ghaziabad. 2. for the purpose of its business the petitioner purchased cloth from dealers and other persons in the uttar pradesh and also from dealers outside this state. in the case of cloth acquired from outside the state the usual practice was for the dealers to despatch the cloth to the petitioner by railway. the consignors at the same time despatched to a bank at pilkhuwa the relative railway receipts drawn in favour of 'self', together with hundis in respect of the price of the consignment, and upon the petitioner returning the hundis the bank endorsed the railway receipts in favour of the petitioner who then took delivery of the consignments. in some cases the consignors sent the goods to the petitioner at pilkhuwa by motor truck, the price of these goods being paid by the petitioner at the time of delivery. 3. in respect of the assessment year 1952-53 the respondent sales-tax officer determined the turnover of the petitioner at rs. 4,05,086-14-0 of which rs 3,81,657-1-6 was the turnover of imported cotton cloth, and he assessed the firm to sales tax in the sum of rs. 12,306-15-0. in respect of the assessment year 1953-54 the respondent determined the petitioner's net turnover at rs. 4,08,631-6-9 which included rs. 3,98,631-6-9 in respect of .....

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