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Judgment Search Results Home > Cases Phrase: mediation Year: 1956 Page 6 of about 332 results (0.022 seconds)

Jan 31 1956 (HC)

ibadat HusaIn Vs. State of U.P. and anr.

Court : Allahabad

Decided on : Jan-31-1956

Reported in : AIR1956All448

mootham, c.j. 1. this is an appeal from a judgment of chaturvedi j., dated 4-8-1955, dismissing a petition under article 226 of the constitution. the facts are these: 2. by a notification dated 23-2-1953, made tinder section 14 of the criminal p. c. 1898, the governor conferred upon the regional transport magistrate, allahabad the power to try at allahabad all cases under the motor vehicles act, 1939 arising within the districts of allahabad, mirazpur, pratapgarh, sultanpur and fyzabad. in january, 1955, an enforcement squad officer of the state transport department reported that the petitioner had contravened the provisions of the motor vehicles act by carrying more goods and passengers than he was authorised to do, and proceedings against him were sub-sequently commenced in the court of the regional transport magistrate at allahabad. the appellant thereupon filed the petition out of which this appeal arises in which he sought the issue of a writ in the nature of certiorari quashing the aforesaid notification on the ground that the governor had no power to fix the place at which a case shall be tried by a special magistrate. 3. it is not now contended that the governor lacked the power under section 14 of the criminal p. c. to confer on the regional transport magistrate the power to try cases under the motor vehicles act arising within one or more districts of the uttar pradesh; the only question is whether the governor could prescribe the place at which such magistrate .....

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Apr 16 1956 (HC)

Udai Pratap Gir and anr. Vs. Shanta Devi and ors.

Court : Allahabad

Decided on : Apr-16-1956

Reported in : AIR1956All492

mootham, c.j.1. the question which has to be decided in this appeal is whether a will is, after the death of the testator, an instrument securing property within the meaning of section 7(iv-a), court-fees act, as amended by the u. p. court-fees (amendment) act, 1938. the appellant filed a suit for the recovery of possession over certain immoveable property to which he claimed to be entitled by inheritance.the respondents contested the suit, their contention being that the property in dispute had been bequeathed to them under the will of mahant indergir, who was admittedly the former owner of the property. the trial judge was of opinion that the relief sought by the appellant necessarily involved the cancellation or adjudging void of the will and he held that the court-fee must accordingly be calculated in accordance with the provisions of section 7(iv-a).the appeal came in the first instance before kidwai j. who being of -opinion that the question was of a considerable importance and the decisions of this court were not consistent, referred it to a bench.2. section 7(iv-a), court-fees act, so far as it is relevant, makes provision for the payment of court-fees in a suit for or involving cancellation of, or adjudging void or voidable, a decree for money or other property having a market value, or an instrument securing money or other property having such value. the finding of the trial judge that the suit involved the setting aside of the will is not challenged, the argument .....

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Feb 03 1956 (HC)

Asa Ram Vs. Babu Ram and anr.

Court : Allahabad

Decided on : Feb-03-1956

Reported in : AIR1956All494

agarwala, j.1. this is a decree-holder's second appeal arisingout of an execution proceeding. the appellant(sic)tained a decree against one dharam das deceaed on 4-1-1944. dharam das died on 29-11-1946.on 3-1-1947, the decree-holder, in ignorance of the death of dharam das, filed an application for execution of the decree, and in the column in which the name of the person against whom execution was sought has to be given he mentioned the name of dharam das deceased. when he discovered the mistake he made an application that the two sons of dharam das be brought on the record and the execution application be amended accordingly. this application was presumably under order 21 rule 17, civil p. c., but was made on 26-3-1947 after the expiry of three years from the date of the decree.the execution court dismissed the execution application on the ground that the application for amendment having been made after the expiry of three years from the date of the decree the execution application was barred by time. this order was affirmed by the lower appellate court and the decree-holder has now come up in appeal to this court, the appeal was first heard by a learned single judge of this court who referred the following question for decision by a division bench :'where an application for execution is made within limitation against a judgment-debtor who is dead on the date of such application, and an application for amendment of the said application by bringing on record the names of the .....

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Apr 02 1956 (HC)

The Co-operative Development and Marketing Union Ltd., Pharenda Vs. th ...

Court : Allahabad

Decided on : Apr-02-1956

Reported in : AIR1956All601

mootham, c.j.1. this is an appeal from an order of mehrotra j. dated 19-4-1955, dismissing a petition under article 226 of the constitution.2. the appellant, herein referred to as the society, is a cane-growers' co-operative society; the first respondent, herein called the company, is a limited company carrying on the business. of manufacturing sugar out of sugarcane, and the second and third respondents are respectively the commissioner of the gorakhpur division and the cane commissioner.3. individual cane-growers within the area which had been reserved for the supply of cane to the company under the provisions of the united provinces sugar fectories (control) act, 1938, supplied their cane to the company through the society, and the company, with the previous permission of the cane commissioner, had prior to 1-4-1952, advanced loans to the individual cane-growers to enable them to improve the quality and 'quantity of the cane which they supplied. the company also from time to time advanced loans to the society, such loans being repayable either in cash or by adjustment of the accounts between the company and the society.4. on -3-4-1952, the company entered into an agreement with the society (herein called the first agreement) whereunder the latter made provision for repayment of moneys advanced to it by the company, and agreed also to be responsible to the company for the repayment to the latter of such of the outstanding loans made by the company to the individual .....

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Mar 29 1956 (HC)

Sriniwas and Ors. Vs. Income-tax Officer 'A' Ward, Sitapur

Court : Allahabad

Decided on : Mar-29-1956

Reported in : AIR1956All657

mootham, c.j. 1. this is a petition under article 226 of the constitution, the circumstances in which it has been filed being shortly as follows :2. on 31-3-1955, the respondent, who is the income-tax officer, a ward, sitapur, issued two notices under section 34, income-tax act, to the petitioners who are five in number. the address of the petitioners was given in each of these notices as being care of messrs. pushkar mal sagar mal, nai bazar, lakhimpur kheri, within this state.the notices (which were the same in form) stated that the respondent had reason to believe that the. income of the petitioners assessable to income-tax for the year ending 31-3-1947 had both escaped assessment and had been under-assessed, that he proposed to assess such income and it called upon the petitioners to deliver within the time stated in the notices a return of their total income and total world income assessable to income-tax for the year ending 31-8-1947. these notices, it is to be observed, were issued by the respondent on the last day of the maximum period of eight years within which a notice may be issued under section 34 of the act.3. one of these notices was sent by post and was delivered on the following day, the 1st april, to sri banarsi das, a partner of the firm pushkar mal sagar mal. the learned standing counsel does not contend that this constituted service on the asses-sees or any of them. the other notice was deliveredon the same day, the 31st march, by a peon in the service of .....

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Feb 13 1956 (HC)

Hanuman Dass Vs. Pirthvi Nath and ors.

Court : Allahabad

Decided on : Feb-13-1956

Reported in : AIR1956All677

mootham, c.j.1. this is an application under section 115 of the code of civil procedure for the revision of an order of thelearned first civil judge of kanpur dated 3-3-1953.2. the circumstances in which that order was made are these. a dispute arose between the partners of a firm carrying on business in kanpur under the name of hanuman das rup kishore, and in 1947 a suit was filed against the present applicant and one radha kishan, since deceased, by the remaining partners for the recovery of a sum of a little over rs. 2,71,000/-. subsequentlyan application was made by the plaintiffs, and allowed by the court, for the amendment of the plaint, and from the order an application in revision was filed in this court.while that application was pending one of the four plaintiffs, raghubar dayal, died on 28-5-1952, and on 5-11-1952, two applications were made by the widow and son of the deceased plaintiff. the first of these applications was for an order to set aside the abatement of the suit so far as the deceased plaintiff was concerned; the second was for the substitution of the widow and son as plaintiffs in the place of the deceased.these applications, which were heard together, were contested by the present applicant on the ground that no sufficient cause had been shown for not preferring the application for an order to set aside the abatement within the period prescribed therefor. the applications were allowed by the learned judge on the ground that the widow and son were in .....

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Apr 06 1956 (HC)

Dr. M.C. Batra Vs. Lakshmi Insurance Co. Ltd.

Court : Allahabad

Decided on : Apr-06-1956

Reported in : AIR1956All709

mootham, c.j.1. this is an application under section 115, civil p. c. for the revision, of a judgment of the learned civil judge of lucknow dated 5-1-1955. the circumstances in which the application is made, as found by the learned judge, are these :some years prior to the year 1950 the applicant became the tenant of the first boor of premises no. 30, hazratganj, lueknow for which he paid a monthly rent of rs. 137/8/-. in august 1950 the applicant, with the permission of the rent control and eviction officer, sub-let a portion of this floor to the reliable water supply services of india limited (herein called the supply company) at a rental of rs. 75/- a january 1952 the lakshmi insurance company limited (herein called the insurance company) purchased the entire premises no. 30, hazratganj, from the then owners. up to that date the rent of the first floor amounting to rs. 137/8/- had been paid by the applicant to the then owners of the premises, but from february 1952 the applicant paid to the insurance company rs. 62/8/- a month arid the supply company paid as vent the sum of rs. 75/- a month.2. on 13-10-1953, the supply company vacated the portion of the first floor occupied by it, and delivered vacant possession to a firim of contractors who had been engaged by the insurance company to effect certain alterations in the premises. the applicant and certain other tenants objected to the work which was being done by the contractors and on 21-10-1953, without the .....

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Feb 02 1956 (HC)

Seth Banarsi Dass Vs. Cane Commissioner, U.P. and anr.

Court : Allahabad

Decided on : Feb-02-1956

Reported in : AIR1956All725

agarwala, j.1. the appellant seth banarsi dass was the lessee of a sugar mill at bijnor known as 'shiva prasad banarsi das sugar mills'. the cane marketing society limited, bijnor, (hereinafter called the society) supplied to the appellant sugar cane for the years 1949-50 and 1950-51. the price of the cane was duly paid but there was a dispute between the appellant and the society with regard to the commission payable to the latter.2. the supply of sugarcane to the mills is controlled by the u.p. sugar factories control act (act i of 1938) and the rules made thereunder. under section 14 of the act and the order of the state government made thereunder an occupier of a sugarcane crushing factory is required to submit to the cane commissioner, on or before the prescribed date, an estimate, in the prescribed form and manner, of the quantity of 'cane which will be required in the factory during a particular crushing season.the cane commissioner thereupon examines the estimate and publishes the same with such modifications, if any as he thinks fit to be made therein after consultation with an advisory committee. thereafter he declares a certain area to be a reserved area for the purpose of the supply of cane to that factory. then under section 18(1) a cane-grower or a cane-growers' co-operative society in such reserved area has to offer, in the form and by the date prescribed, to supply to the occupier of the factory for which the area is reserved cane grown in that area not .....

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Jan 16 1956 (HC)

The Banaras Ice Factory Ltd., Banaras Vs. the U.P. Government and ors.

Court : Allahabad

Decided on : Jan-16-1956

Reported in : AIR1956All730; (1956)IILLJ297All

mootham, c.j. 1. this is an appeal from an order of chaturvedi j. dated 28-3-1955, dismissing a petition under article 226 of the constitution.2. disputes arose between the appellant company and its workmen in respect of claims by the latter for bonus for the years 1949 and 1951. the dispute with regard to bonus for the year. 1951 was referred by the state government to an adjudicator who, by an award made on 23-7-1952, held that a bonus equivalent to two months' pay should be paid to each workman.the dispute with regard to bonus for the year 1949 was referred by the state government to the state industrial tribunal which, on 28-11-1952 made a similar award. the company appealed to the labour appellate tribunal from the award of the adjudicator but that appeal was dismissed on 29-9-1953. the appellant company did not make the bonus payments in accordance with the awards, and on 28-10-1953, the state government, respondent 1, ordered the collector of banaras, respondent 3, to recover from the appellant company the amounts awarded as bonus as arrears of land revenue, and in march 1954 the collector attached certain property belonging to the company.3. on 14-4-1954, the appellant company filed the petition out of which this appeal arises. it challenged the legality of the attachment of its property and sought the issue of a writ of mandamus commanding respondents 1 and 3 to release the appellant's property from attachment.the learned judge dismissed the petition and the .....

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Nov 30 1956 (HC)

Jagat Behri Tandon and anr. Vs. Sales Tax Officer and anr.

Court : Allahabad

Decided on : Nov-30-1956

Reported in : [1957]8STC459(All)

mootham, c.j.1. this is an appeal from a judgment of mr. justice chaturvedi dated the i7th january, 1955, dismissing a petition under article 226 of the constitution.2. in 1948 the appellant entered into partnership with two other persons, amar nath and kedar nath, for the purpose of dealing in bullion and ornaments and in forward contracts in gold and silver. the business was carried on under the name of messrs. bans gopal amar nath and each of the three partners had a one-third share. on the 16th july, 1950, amar nath retired from the partnership and on the following day the firm was reconstituted, the name being changed to messrs. bans gopal kedar nath and the partners being the appellant and kedar nath each of whom had a half share. the reconstituted firm carried on the business previously conducted by the former firm and took over the assets and liabilities of the latter. the firm of bans gopal kedar nath did not succeed financially and disputes having arisen between the partners the firm was dissolved on the 18th april, 1952, from which date it discontinued business. by assessment order dated the 19th july, 1952, the sales tax officer, etawah, who is the first respondent, determined the turnover of the firm bans gopal amar nath for the period 1st april, 1950, to 16th july, 1950, at rs. 64,636-5-6 and the sales tax payable by that firm at rs. 1,005-4-3. the respondent sales tax officer by a further assessment order dated the i7th may, 1953, determined the turnover of the .....

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