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Aug 17 1955

Mt. Mithan and anr. Vs. the Municipal Board of Orai and anr.

Court : Allahabad

Judge : James, J.

Decided on : Aug-17-1955

Subject : Criminal

Acts : Uttar Pradesh Municipal Act, 1916 - Sections 247, 247(1), 310 and 310(2); Code of Criminal Procedure (CrPC) - Sections 4(1), 6, 133, 350, 435, 439 and 488

Reported in : AIR1956All719; 1956CriLJ671

ORDERJames, J.1. This Revision touches a fundamental question, namely, the foundation of the revisional powers of the High Court under the Code of Criminal Procedure.The facts of the case are simple. The two applicants are alleged...

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Sep 29 1958

Baboo Halwai Vs. Mirzapur Electric Supply Co. and anr.

Court : Allahabad

Judge : B.R. James, J.

Decided on : Sep-29-1958

Subject : Electricity

Acts : Constitution of India - Articles 226 and 227; Uttar Pradesh Electricity Supply (Licensed Undertaking War Cost) Order; Electricity Act, 1910 - Sections 4 and 4(3)

Reported in : AIR1959All220

ORDERB.R. James, J.1. The Mirzapur Electric Supply Co. Ltd., (hereinafter referred to as the licencee) has since 1929 held a licence for the supply of electrical energy in Mirzapur. The petitioner, Babu Halwai, manufactures utensils, and...

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Nov 13 1958

Km. Asha Lata Vs. the Principal, Meerut College, Meerut

Court : Allahabad

Judge : B.R. James, J.

Decided on : Nov-13-1958

Subject : Constitution

Acts : Constitution of India - Article 226; Agra University Act, 1926; Agra University Rules - Rules 2(2) and 3

Reported in : AIR1959All224

ORDERB.R. James, J.1. Can a student secure admission into an educational institution as of right, is the issue of importance this petition under Article 226 of the Constitution raises. No one denies the desirability of every...

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Feb 15 1957

Subedar Vs. State

Court : Allahabad

Judge : James, J.

Decided on : Feb-15-1957

Subject : Constitution

Acts : Constitution of India - Article 20 and 20(3); Evidence Act, 1872 - Sections 101 to 103, 115, 118 and 132; Code of Criminal Procedure (CrPC) , 1898 - Sections 154, 202, 340(2), 342 and 342A; General Clauses Act, 1897 - Sections 2(28) and 3(38)

Reported in : AIR1957All396; 1957CriLJ698

ORDERJames, J.1. This Revision springs from an alleged violation of the fundamental right granted under Clause (3) of Article 20 of the Constitution in the words: 'No Person accused of any offence shall be compelled to...

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May 28 1956

Lalit Kumar Vs. S.S. Bose

Court : Allahabad

Judge : James, J.

Decided on : May-28-1956

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 561A

Reported in : AIR1957All398; 1957CriLJ701

ORDERJames, J.1. This application by Mr. Lalit Kumar, a pleader of Bareilly, is under Section 561-A Cr.P.C. and seeks the expunction of certain derogatory remarks against him contained in the judgment dated the 13th March 1956...

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Apr 03 1958

Gore Lal and ors. Vs. State

Court : Allahabad

Judge : B.R. James, J.

Decided on : Apr-03-1958

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 369, 382, 388(1), 426(2B) and 561A; Constitution of India - Articles 132(1), 134(1), 136 and 225; High Court Rules; High Court Orders; Allahabad High Court Rules - Rules 28 and 29

Reported in : AIR1958All667; 1958CriLJ1107

ORDERB.R. James, J. 1. Certain persons were tried before the Sessions Judge of Mirzapur for offences under Sections 307, 324 and 148, I. P. C. found guilty and sentenced to imprisonment. They appealed to this Court...

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Nov 03 1955

Shambhu and ors. Vs. the State

Court : Allahabad

Judge : James, J.

Decided on : Nov-03-1955

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 118, 123(3), 367, 367(6), 419, 426(1), 426(2A) and 439; High Court Rules; High Court Order; Allahabad High Court General (Criminal) Rules - Rule 3

Reported in : AIR1956All633; 1956CriLJ1179

ORDERJames, J.1. This revision raises questions of considerable importance in the day to day working of Sessions Courts in Uttar Pradesh on the Criminal appellate side. (I confine my remarksto Sessions Courts, since District Magistrates in...

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Jul 14 1955

Jagannath Singh and anr. Vs. Bidheshi and ors.

Court : Allahabad

Judge : James, J.

Decided on : Jul-14-1955

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 369, 439, 439(2), 440 and 561A

Reported in : AIR1955All712; 1955CriLJ1557

ORDERJames, J.1. In a case under Section 145, Criminal P. C., Jagannath Singh and another were one contesting party and Bidheshi Chamar and others the other party. The Magistrate held Bidheshi Chamar etc., to be in...

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Aug 19 1955

Mahadeo Prasad and ors. Vs. Kamala Varma and ors.

Court : Allahabad

Judge : James, J.

Decided on : Aug-19-1955

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 15, 21, 24, 30 and 33; Specific Relief Act, 1877 - Sections 54

Reported in : AIR1956All51

James, J.1. These applications for setting aside an arbitration award have arisen in circumstances which require to be described in some detail.2. The Kayastha Pathshala, Prayag (Allahabad), is an old charitable and educational institution registered under...

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Sep 23 1958

Atherton West and Co. Ltd., Kanpur Vs. the Regional Conciliation Offic ...

Court : Allahabad

Judge : B.R. James, J.

Decided on : Sep-23-1958

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 12; Constitution of India - Article 226

Reported in : AIR1959All406

ORDERB.R. James, J.1. The petitioner (hereinafter referred to as the employer) is a textile mill in Kanpur. One Radhey Shyam Bajpai was in its employ as Records Clerk. On the 8th August, 1955 he was appointed...

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