Allahabad Court April 1918 Judgments
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Emperor Vs. Karim-ud-din
Court: Allahabad
Decided on: Apr-18-1918
Reported in: (1918)ILR40All565
Knox, J.1. Karim-ud-din has been convicted of three offences, each offence under Section 408 of the Indian Penal Code, and has been sentenced to six months' rigorous imprisonment on each offence, the sentences to run consecutively. It appears from the record and the arguments addressed to me that station masters on the East Indian Railway get some kind of allowance from the Railway in return for goods despatched by the Railway to be marked and loaded or otherwise handled. The station master Raghunath Prasad appointed Karim-ud-din and gave him Rs. 10 a month for doing this work. There was no contract of any kind between the East Indian Railway Company and Karim-ud-din. Raghunath Prasad appears to have made or permitted Karim-ud-din to write a number of Railway registers. It is not for a moment asserted that the East Indian Railway Company sanctioned this allotment of work to Karim-ud-din or were in any way cognizant of it. Raghunath Prasad took leave and was succeeded by one Rikhi Lal. ...
Amir Hasan Khan Vs. Emperor
Court: Allahabad
Decided on: Apr-18-1918
Reported in: 46Ind.Cas.150
Piggott, J.1. The learned Sessions Judge of Cawnpore has referred to this Court in revision two orders passed by a Magistrate of the first class subordinate to him in connection with certain prolonged proceedings which have been going on between the Municipal Board of Fatehpur and a gentleman of the name of Munshi Amir Hasan Khan, who I understand, is a member of the legal profession for something more than one and a half years past. On the 8th of January 1917, it was proved against the said Amir Hasan Khan that he had failed to comply with a notice directing him to execute a certain work in respect of certain property, namely, a drain about which there was some contention between him and the Municipal Board. Under Section 307, Clause (b) of the U.P. Municipalities Act, which came into force on the 1st of July 1916, Munshi Amir Hasan Khan was liable to a fine which might extend to Rs. 500 and in case of a continuing breach he was liable to a further fine which might extend to Rs. 5 for...
Kure and ors. Vs. Emperor
Court: Allahabad
Decided on: Apr-17-1918
Reported in: AIR1919All379; 51Ind.Cas.677
Piggott, J.1. This is an appeal by five persons, Kure and his sons Dava, Khimma and Kalu and a caste-fellow and neighbour of theirs named Bhikan, who have been convicted on separate charges of offences punishable under Sections 147 and 323 of the Indian Penal Code and also of an offence punishable under Section 304A of the same Code It is common ground that on the night of the 28tb of November last, being the night following the bathing festival of the Kartiki Puranmashi, there was an affray in the village of Shaudan between two parties of Chamars, in the course of which serious injuries were suffered and inflicted. The first report was made by the prosecution witness Bhaggan Chamar who brought to the Police Station his niece Musammat Kesi, a girl about 10 years of age. Kesi was at that time suffering from serious injuries on the bead and she died shortly after having been sent to the dispensary. Bhaggan himself and his brother Mukkha, father of the girl Kesi, were subsequently found t...
inayat-ullah Khan Vs. Hashmat-ullah Khan
Court: Allahabad
Decided on: Apr-16-1918
Reported in: 46Ind.Cas.193
1. This appeal arises out of an application for execution of a compromise decree. The compromise decree was a very peculiar one. It was made in a suit for dower brought by the plaintiff as one of the heirs to his daughter for a proportionate share of her dower. The compromise decree provided that after the expiration of ten years the defendant would sell to the plaintiff certain property for the sum of Rs. 12,000 made up as in the compromise is set forth. The compromise decree contained a curious provision that the plaintiff was to pay or depositl' in Court the price of the stamp, registration fee and another sum of Rs. 15 by the 1st of May, and that if he did not do so his claim should stand dismissed with costs except for the sum of Rs. 700 due to one Badam Singh. The plaintiff did not tender or pay in cash to the defendant the price of stamp, the registration fee or the sum of Rs. 15, but he remitted by money order a sum which we may take to be sufficient to cover those items. The m...
Emperor Vs. Ram Das and ors.
Court: Allahabad
Decided on: Apr-15-1918
Reported in: (1918)ILR40All563
Pramada Charan Banerji, J.1. The three accused in this case have been convicted under Section 64(c) of the United Provinces Excise Act, No. IV of 1910. The first two accused are the holders of a licence for the sale of liquor. The third accused Kallu is their salesman. One of the conditions of the licence was that an account of sales made shall be kept in a prescribed form. The charge against the accused was that they had not kept correct accounts and that they had thus committed a breach of condition 9 of the licence. Section 64 provides that ' Whoever being the holder of a licence or being in the employment of such holder and acting on his behalf, wilfully does or omits to do anything in breach of any of the conditions of the licence, shall be punished for each such offence with fine.' As regards the first two accused they would be guilty under the section if they wilfully did or omitted to do anything in breach of any of the conditions of their licence. The use of the word 'wilfully...
Hardwari Lal and ors. Vs. Ram Dulari
Court: Allahabad
Decided on: Apr-15-1918
Reported in: (1918)ILR40All605
Piggott and Walsh, JJ.1. This is an appeal by the defendant in a suit which, as brought, was a suit for damages on account of the breach of a covenant of indemnity contained in a sale-deed of the 4th of July, 1901. That deed in itself arose out of and formed the completion of a transaction embodied in a previous deed of the 9th of January, 1899. The plaintiffs in this case represent the transferees of the vendees under these two deeds and the defendant the vendor in each of these deeds. The vendor purports to convey certain property free of all encumbrances, and in each of them there is a covenant setting forth what is to happen in the event of its being found that the property is in fact encumbered, and in the event of the vendees being disturbed in possession or having to make any payment on account of some previously existing encumbrance. The matter is clearer in the earlier of the two deeds, but no doubt the point has to be decided with reference to the agreement as embodied at the...
Sukru Vs. Emperor
Court: Allahabad
Decided on: Apr-15-1918
Reported in: AIR1918All181(1); 46Ind.Cas.294
1. The accused in this case was convicted on his own plea of being in possession of illicit liquor and was sentenced under Section 60(a) of the Excise Act to one and a half months' rigorous imprisonment. The statement of the accused which the Magistrate apparently accepted was that his son was ill and that he had brought a small quantity of liquor from his brother-in-law. The Magistrate was of opinion, as he states in his explanation, that under Section 71 of the Act the presumption was that the accused had himself manufactured the liquor. No such presumption arises in the case. The only presumption is that the accused was in possession of an excisable article. This, however, the accused himself admitted. Under the circumstances the sentence of imprisonment was unduly severe and was not called for. I accordingly reduce the sentence to one of a fine of Rs. 10 or, in default, to one week's rigorous imprisonment. If the fine is paid the bail bond given by the accused will be discharged....
Ram Das and ors. Vs. Emperor
Court: Allahabad
Decided on: Apr-15-1918
Reported in: AIR1918All124; 46Ind.Cas.302
P.C. Banerji, J.1. The three accused in this case have been convicted under Section 64(c) of the U.P. Excise Act, IV of 1910. The first two accused are the holders of a license for the sale of liquor. The third accused Kallu is their salesman. One of the conditions of the license was that an account of sales made shall be kept in a prescribed form. The charge against the accused was that they had not kept correct accounts and that they had thus committed a breach of condition 9 of the license Section 64 provides that whoever, being the holder of a license or being in the employment of such holder and acting on his behalf, wilfully does or omits to do anything in breach of any of the conditions of the license, shall be punished for each such offence with fine. As regards the first two accused, they would be guilty under the section if they wilfully did or omitted to do anything in breach of any of the conditions of their license. The use of the word 'wilfully' clearly shows that it must...
Surendra Nath Mukerji Vs. Emperor
Court: Allahabad
Decided on: Apr-15-1918
Reported in: AIR1918All160; 47Ind.Cas.659
Piggott, J.1. On the 3rd of December last, somewhere about 2 o'clock in the day, a young Bengali, Surendra Nath Mukherji, whose age is given in the record as 22 years but who according to his father's evidence was not yet quite 20 years of age, presented himself at the Kotwali Police Station at Allahabad and made a certain report, a record of which was entered in the Police register provided for the purpose. In consequence of this report the City Inspeotor, Muhammad Said, proceeded at once to the house in the city in which the said Surendra Nath Mukherji was living. He found the door leading into the inner apartments locked and it was opened, with a key produced from his person by the above mentioned accused. The latter then led the way to a certain room on the north-east side of the courtyard which was fastened on the outside by a chain. He unchained this door and led the Police Officer and certain witnesses, one of whom, Bande Husain Khan has been called at the trial, into the room. ...
Jai NaraIn Lal and ors. Vs. Emperor
Court: Allahabad
Decided on: Apr-13-1918
Reported in: AIR1918All106; 46Ind.Cas.407
P.C. Banerji, J.1. This is an application for revision of an order of the District Magistrate directing the prosecution of the three applicants. It appears that a complaint was made against the three applicants and five other persons charging them with offences under Sections 147, 325 and 452, Indian Penal Code. The case was tried by a Magistrate of the first class against five of the accused. The three applicants, Jai Narain, Kunj Behari and Sanwalia, had not been arrested when the proceedings were commenced. At a late stage of the proceedings they surrendered but the Magistrate did not place them on their trial. The Magistrate, however, considered the evidence for the prosecution, considered all the circumstances of the case, inspected the locality and came to the conclusion that the prosecution had hopelessly failed to establish the charge made by the complainant against the accused. The case of Jai Narain and Kunj Behari was exactly the same as that against some of the other accuse...
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