Allahabad Court January 1914 Judgments
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Emperor Vs. Hazari Lal
Court: Allahabad
Decided on: Jan-14-1914
Reported in: (1914)ILR36All227
Piggott, J.1. Hazari Lal a resident of Allahabad, has been convicted of disobeying a written notice lawfully issued by the Municipal Board of Allahabad, under the powers conferred upon it by the United Provinces Municipalities Act of 1900. He comes to this Court in revision, and the one substantial point raised by him is that the prosecution has not proved that the notice which he is alleged to have disobeyed was a notice lawfully issued by the Municipal Board of Allahabad, under the powers conferred upon it. If this were a point taken for the first time in revision, I am not certain that I should have considered it my duty to go into it. I find, however, that this defence was in substance taken before the court below and that the trying Magistrate refused to entertain it. The Magistrate was of opinion that, if he had entered into this defence, he would be permitting the accused before him to contravene the provisions of Section 152 of the Municipalities Act. That section, however, app...
GhurbIn Koeri Vs. Khalil Khan and ors.
Court: Allahabad
Decided on: Jan-13-1914
Reported in: (1914)ILR36All132
Ryves and Piggott, JJ.1. This is a reference by the Sessions Judge of Azamgarh recommending the interference of this Court in the exercise of its revisional jurisdiction with an order passed by a first class magistrate of that district, One of the questions raised by the order of reference we are content to pass over briefly, with the remark that in our opinion the trying Magistrate was well within his jurisdiction in declining to proceed further with the application before him to have certain persona bound over to keep the peace. The other question raised is, whether the Magistrate's order directing the complainant Ghurbin to pay Rs. 50 compensation to the opposite party under the provisions o Section 250 of the Code of Criminal Procedure, for having brought a frivolous and vexatious complaint against them, was or was not passed without jurisdiction? The complaint was one under Section 506 of the Indian Penal Code. The trial came to an end on the 2nd of August, 1913. After hearing all...
Emperor Vs. Ghure
Court: Allahabad
Decided on: Jan-13-1914
Reported in: AIR1914All85; (1914)ILR36All168
Richards, C.J. and Knox, J.1. A preliminary objection was taken to the heating of this appeal on behalf of the accused. It is contended that this High Court is no longer properly constituted by reason of the fact that some years ago a sixth Puisne Judge was appointed. In our opinion there is no force in the contention. Under 24 and 25 Vict., Chap. 104, Section 16, the Sovereign was authorized by Letters Patent to establish at any time thereafter a High Court of Judicature in the territories of India other than those comprised within the jurisdiction of the other High Courts. The only limit as to the number and qualifications of the Judges was as therein stated. By Letters Patent, dated the 17th day of March of the twenty-ninth year of the reign of Queen Victoria Her Majesty was pleased to constitute a High Court for the North-Western Provinces in these words:Section 1. Now know ye that We upon full consideration of the premises and of Our special grace certain knowledge and mere motion...
Ram Bharos and ors. Vs. Baban
Court: Allahabad
Decided on: Jan-02-1914
Reported in: AIR1914All79; (1914)ILR36All129
Ryves, J.1. On the 20th of September, 1913, Musammat Kalia, the wife of one Baban, made a report at the police station charging six persona with having assaulted her husband. On the 2nd of October, 1913, Nachko, the brother of Baban, filed a complaint in the court of the District Magistrate against nine persons, with respect to the same assault on Baban as has been reported by Musammat Kalia. The District Magistrate forwarded Nachko's complaint to Mr. White, who was the Sub-Divisional Officer, for disposal. Mr. White ordered an inquiry under Section 202 of the Code of Criminal Procedure, and on the 18th of October, 1913, he dismissed Nachko's complaint under Section 203 of the Code. On the 22nd of October, 1913, Baban made a complaint against six out of the nine persons named by Nachko and alleged the same facts as reported by Musammat Kalia. Mr. White ordered that the police papers and the papers in Nachko's case should be put up along with Babsn'e complaint, on the 28th of October, 1...
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