Allahabad Court July 1919 Judgments
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Debi Singh Vs. Emperor
Court: Allahabad
Decided on: Jul-07-1919
Reported in: AIR1919All851(1); 52Ind.Cas.385
Piggott, J.1. The case against the appellant, Debi Singh, was that he produced a receipt for the payment of a sum of Rs. 2,340, which receipt purports on the face of it to have been signed by one Kishen Singh. This receipt was produced before a Civil Court when Debi Singh was being sued for the recovery of a certain debt, and his case was that he had discharged that debt in its entirety by means of the payment evidenced by the receipt above mentioned. Kishen Singh was examined as a witness before the Civil Court and deposed that the receipt was a forgery. It so happened that Kishen Singh was dead before the appellant could be put on his trial on the criminal charge but I am satisfied that the statement of Kishen Singh made before the Civil Court has been rightly admitted in evidence. The appellant had an opportunity of cross-examining Kishen Singh at that time and the proceedings were between the same parties within the meaning of the explanation to Section 33 of the Indian Evidence Ac...
Kadhe Mal Vs. Emperor
Court: Allahabad
Decided on: Jul-07-1919
Reported in: AIR1920All358; 52Ind.Cas.394
Piggott, J.1. This appeal is closely connected with another which I have just disposed of, but the two cases differ in one essential point. In a certain civil suit, in which one Debi Singh' was being sued as a defendant for the recovery of a certain sum of money, Debi Singh produced in evidence a receipt purporting to have been given him by one Kishen Singh. The Civil Court decided against the genuineness of that receipt and eventually Debi Singh was put on his trial for having produced in evidence a forged document, knowing it to be forged, and Kadhe Mal was separately placed on his trial for abetment of the forgery and for having given false evidence before the Civil Court. The two accused persons were tried separately as required by the law, but in reality there has been no separate trial. The learned Sessions Judge commences his judgment against Kadhe Mal with the remark that the receipt in question has already been found to be a forged document in the trial of Dabi Singh He does n...
Ashbey Clarke Harris Vs. Mrs. Peal
Court: Allahabad
Decided on: Jul-04-1919
Reported in: AIR1920All351; 58Ind.Cas.351
Walsh, J.1. This is an application in revision against an order made by the City Magistrate of Lucknow on the 22nd of May 1919 awarding compensation to a defendant against a complainant under Section 250 of the Code of Criminal Procedure. The complainant was a person of the name of Harris, whose complaint was dismissed. He claimed to be a European British subject, a fast which is disputed, but for the purpose of the preliminary objection it must be assumed. He applies in revision to this Court to question the order made against him under Section 250 by the City Magistrate of Lucknow, Nobody can doubt that a superior Criminal Court has jurisdiction, under Section 435 and the other appropriate sections of the Criminal Procedure Code, to examine an order under Section 250 of the Code of Criminal Procedure in the exercise of its ordinary revisional jurisdiction. The question is whether assuming that a person against whom such, an order has been made is a European British subject, this High...
Emperor Vs. Nur-ul-hasan
Court: Allahabad
Decided on: Jul-03-1919
Reported in: (1920)ILR42All22
Ryves, J.1. Nur-ul-Hasan, police constable, failed to return to duty on the expiry of 'casual leave'' and was in consequence prosecuted under Section 29 of the Police Act and, on conviction, was fined Rs. 80. This was on the l7th of January, 1919. Pending that trial he had been suspended, but on the 1st of February, 1919, the Superintendent of Police passed an order re-instating him and called upon him to return to duty. Orders were repeatedly sent to him to this effect, and it is admitted that in spite of these orders he failed to return to duty. In consequence he was prosecuted under Section 29 of the Police Act, for his failure to comply with the order of the Superintendent of Police, dated the 10th of March, 1919, directing him to appear in the police lines and there give a 'two-months' notice as required under the section of the Act. This order was so worded, because Nur-ul-Hasan had in the meantime sent in an application for leave to resign. This order was received by Nur-ul-Hasa...
Emperor Vs. Nurul Hasan
Court: Allahabad
Decided on: Jul-03-1919
Reported in: AIR1919All85; 52Ind.Cas.63
Ryves, J.1. Nurul Hasan, Police con-stable, failed to return to duty on the expiry of casual leave and was in consequence prosecuted under Section 29 of the Police Act and, on conviction, was fined Rs. 30. This was on the 17th January 1919. Pending that trial he had been suspended, but on the 1st February 1919 the Superintendent of Police passed an order reinstating him and called upon him to return to duty. Orders were repeatedly sent to him to this effect, and it is admitted that in spite of these orders he failed to return to duty, in consequence he was prosecuted under Section 29 of the Police Act for his failure to comply with the order of the Superintendent of Police dated the 10th March 1919, directing him to appear in the Police lines and there give a two months' notice as required under Section 9 of the Act. This order was so worded because Nurul Hasan had in the meantime sent in an application for leave to resign. This order was received by Nurul Hasan on the 13th March 1919....
KalidIn Vs. Emperor
Court: Allahabad
Decided on: Jul-03-1919
Reported in: AIR1919All387(2); 52Ind.Cas.61
Stuart, J.1. The learned Additional Sessions Judge has tried this case with great care. His reasoning is for the most part excellent and his conclusions of fact are, in my opinion, absolutely made out.2. I am satisfied that the appellant deliberately altered the figure 1282 into the figure 1262, under the impression that if he did not make the alteration the document would not be received in evidence. But the question remains whether on the facts as found by the learned Additional Sessions Judge an offence is made out under the law. In my opinion an offence is not made out because the element of 'dishonesty' or 'fraud' required under the provisions of Section 464 is wanting. 'Dishonesty' is defined in Sections 23 and 24 of the Indian Penal Code. Now what did the appellant do here? He made an alteration for a very silly reason. As a matter of fact he mismanaged his case from beginning to end. It was perfectly true that the Zemindar's predecessors-in-interest had granted the appellant's ...
Piare Vs. Emperor
Court: Allahabad
Decided on: Jul-02-1919
Reported in: AIR1919All389; 52Ind.Cas.224
1. Notice was served on Piare to show cause why he should not be convicted of an offence punishable under Section 302 of the Indian Penal Code. Piare has been defended in this Court by a learned Vakil, and we have heard what is to be said in his behalf. The evidence shows that the man Bansi went to the house of Piare to collect rent due from Piare, but when there he was assaulted by Piare, who went into his house, fetched a lathi and dealt him one blow on the head. Bansi dropped down and two others, who were assisting Piare, joined in assaulting Piare, We are not concerned with them at present. The learned Sessions Judge appears to us to have quite misunderstood the case. The post mortem shows that the blow inflicted by Piare was so severe that it caused a fracture, at the base of the skull. It was for Piare to show that the blow which he struck under these circumstances was not an act of wilful murder. He has not brought it under any exception to Section 300. If a man takes a lathi an...
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