Allahabad Court September 1913 Judgments
Emperor Vs. Sayeed Ahmad
Court: Allahabad
Decided on: Sep-25-1913
Reported in: (1913)ILR35All575
Ryves, J.1. This is a reference by the learned Sessions Judge of Saharanpur recommending that the conviction of Sayeed Ahmad under Section 60 of the Excise Act be set aside. Sayeed Ahmad and Amir Ahmad were tried together under the same section. Both were convicted. Amir Ahmad was sentenced to rigorous imprisonment for three weeks and to a fine of Rs. 1,000 and Sayeed Ahmad was fined Rs. 30 only. Amir Ahmad appealed and the learned Sessions Judge accepted his appeal and acquitted him. His judgment in that case forms part of the record in this reference and I have examined it carefully. I am, however, not concerned with the case of Amir Ahmad. One reason for acquitting him was that the learned Sessions Judge was of opinion that the cocaine which was admittedly found on his premises was found in a place where it could easily have been planted and that there was evidence to show that certain enemies of Amir Ahmad might well have so planted it. The only reason why I refer to that judgment ...
Tag this Judgment!Emperor Vs. Nazir Khan
Court: Allahabad
Decided on: Sep-24-1913
Reported in: (1914)ILR36All1
Ryves, J.1. Nazir Khan was convicted of an offence under Section 498 of the Indian Penal Code and sentenced to four months' rigorous imprisonment. On appeal the conviction was maintained. The application in revision to this Court w grounded on three main contentions.(1) Because, the actual marriage of the complainant and the woman Sirtajan not being attempted to he strictly proved by evidence, the conviction under Section 498 is illegal.(2) Because under the present section the marriage cannot be presumed from the mere fact of cohabitation.(3) Because in any case, the woman having clearly stated that she had been divorced by Haidar Khan, unless the contrary has been proved, no conviction under the section can stand.2. My attention has been called to the following rulings in support of the Arab ground. Empress v. Pitambur Singh (1879) I. L. R. 5 Calc. 566. In that case Garth, C.J., delivering the judgment of the Full Bench, said that 'the fact of the marriage must be strictly proved in ...
Tag this Judgment!Emperor Vs. Man Singh and ors.
Court: Allahabad
Decided on: Sep-17-1913
Reported in: (1913)ILR35All570
Knox and Ryves, JJ.1. On this appeal being called on for hearing Mr. Girdhari Lal Agarwala, who appeared for the appellant called our attention to the fact that out of the two assessors who sat with the learned Judge, one assessor, namely, Thakur Dirgbijoy Singh, had not been summoned as an assessor for the purposes of this trial. We ordered an inquiry to be made, and we find that Thakur Dirgbijoy Singh was up till 1910 on the list of assessors, but since that date he had been removed from the list. As a reason for his removal, the learned Sessions Judge gives that the Magistrate recommended this on the ground that he was a large zamindar and his position in life and status were much better than those of persons of the class from which assessors are ordinarily selected. If this be the case, we are surprised to find that this recommendation should have been made and should have met with approval. It is surely not too much to ask from Indian gentlemen of position and rank that they shoul...
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