Allahabad Court September 1912 Judgments
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Kanhai Singh and ors. Vs. Emperor
Court: Allahabad
Decided on: Sep-30-1912
Reported in: 17Ind.Cas.795
Rafique, J.1. This is an application in revision under Section 439 of the Code of Criminal Procedure, questioning the judgment of the learned Judge of Moradabad, by which he upheld the conviction of the applicants made by the Deputy Magistrate. The only reason on which the applicants challenge the judgment of the lower Court is that it is not in accordance with law. It appears from the judgment of the learned Judge, that the notes that he made of the arguments of the Counsel for the parties have to be considered as part of his judgment. He opens his judgment by saying that he has appended the notes of the argument for the parties. The learned Judge does not discuss the evidence in the case nor refers to the witnesses whom he believes and on whose evidence he comes to the conclusion that applicants were guilty of the charges of which they were convicted. The judgment is clearly at variance with the directions given in Sections 397 and 424 of the Code of Criminal Procedure as regards the...
Langridge Vs. Atkins
Court: Allahabad
Decided on: Sep-26-1912
Reported in: (1913)ILR35All29
Muhammad Rafiq, J.1. This is an application in revision which raises a point of jurisdiction. The applicant, George Langridge, contends that the Cantonment Magistrate of Cawnpore has no jurisdiction to try him on a charge under Section 406 of the Indian Penal Code. According to the case for the prosecution, the applicant and Atkins, the husband of the opposite party, were in the service of the East Indian Railway in 1911, and both resided with their wives in Cawnpore. The two men were friends, and they decided to improve their prospects by leaving the railway service and touring the country with an American machine called the 'American Circling Wave.' Atkins supplied the money for the machine, and he wont with the applicant to Bombay in October, 1911, and took delivery of it. The applicant was to serve as an assistant of Atkins, and was to get part of the profits as his remuneration. Atkins remained in Bombay for about three months. He fell ill and died there on the 23rd of January, 19...
Ganga Singh and anr. Vs. Emperor
Court: Allahabad
Decided on: Sep-10-1912
Reported in: 17Ind.Cas.404
ORDERRafique, J.1. This is an application in revision. The applicants seek to set aside the order of the District Magistrate of Etawah, confirming that of the Sub-Divisional Magistrate, directing the two applicants to furnish personal bonds of Rs. 500 each and two sureties each of the like amount to be of good behaviour for one year or in default to undergo one year's rigorous imprisonment. The learned Counsel for the applicants has argued the case at some length. In order to appreciate his contention some facts should first be recited. The two applicants, Sardar Singh and Ganga Singh alias Laloo Singh, are brothers. They are land-holders and carry on a paying business at Auraiya. They live in Rahatpur.2. The Sub-Inspector of Auraiya, who has been there since September 1911, laid information against the applicants to the effect that they protected and harboured thieves, associated with notorious bad characters, and received stolen property.3. On the basis of that information, a notice ...
Syed Iltaf HusaIn Vs. Emperor
Court: Allahabad
Decided on: Sep-07-1912
Reported in: 17Ind.Cas.414
Rafique, J.1. This is an application on revision, contesting the order of the learned District Magistrate of Badaun, dated the 1st of July 1912. That order was made under the following circumstances: Azhar Husain filed a complaint against Iltfat Husain alias Altaf Husain, under Section 323, Indian Penal Code, in the Court of the Tahsildar of Sahsawan. Azhar Husain and the person accused by him live in Sahsawan. Altaf Husain filed a counter-complaint against Azhar Husain and others in the Court of Munshi Sharafat Ullah Khan, Deputy Magistrate. The Tahsildar recorded the evidence for Azhar Husain and framed a charge sheet against Altaf Husain. No evidence has yet been recorded in connection with the counter-complaint of the latter. Altaf Husain moved the Sub-Divisional Officer to transfer the case pending in the Court of the Tahsildar to the Court of Munshi Sharfat Ullah Khan. The Sub-Divisional Magistrate, without calling upon Azhar Husain to show cause, granted the application of Altaf...
Emperor Vs. Ram Prasad and anr.
Court: Allahabad
Decided on: Sep-03-1912
Reported in: (1913)ILR35All58
Muhammad Rafiq, J.1. This is an application in revision, praying that the order of the District Magistrate of Cawnpore, dated the 30th of July, 1912, sanctioning the prosecution of the applicants under Section 199 of the Indian Penal Code be set aside. The circumstances which led to the grant of the sanction are as follows: On the 19th of February, 1912, three complaints were filed in the court of the City Magistrate of Cawnpore, namely, (1) Musammat Rupia v. Ram Dial and Ram Sahai, (2) Ram Dial v. Gauri Shankar, (3) Ram Sahai v. Gauri Shankar. The learned City Magistrate transferred the three complaints to a Bench of Honorary Magistrates, composed of Nawab Khakan Husain and Pandit Kundan Lal, for disposal. There were several postponements during the trial of the three cases, and on the 21st of May, 1912, charge sheets were framed. On the 31st of May, 1912, three applications were filed in the court of District Magistrate of Cawnpore, by Ram Sahai and Ram Dial, for the transfer of the ...
Ram Parshad Vs. Emperor
Court: Allahabad
Decided on: Sep-03-1912
Reported in: 17Ind.Cas.401
ORDERRafique, J.1. This is an application in revision praying that the order of the District Magistrate of Cawnpore, dated the 30th of July 1912, sanctioning the prosecution of the applicant under Section 199, Indian Penal Code, be set aside. The circumstances which led to the grant of the sanction are as follows: On the 19th of February 1912, three complaints were Sled in the Court of the City Magistrate of Cawnpore, namely Musammat Rupiya v. Ram Dial; Ram Dial v. Gauri Shanker and Ram Sahai v. Gauri Shanker. The learned City Magistrate transferred the three complaints to a Bench of Honorary Magistrates composed of Nawab Khakaun Husain and Pandit Kundan Lal for disposal. There were several postponements during the trial of the three cases and on the 21st of May 1912, charge-sheets were framed. On the 31st of May 1912, three applications were filed in the Court of the District Magistrate of Cawnpore by Ram Sahai and Ram Dial for the transfer of the three cases from the Bench of the Hon...
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