Allahabad Court September 1921 Judgments
Ram Prasad Vs. Emperor
Court: Allahabad
Decided on: Sep-29-1921
Reported in: AIR1921All246(1); 65Ind.Cas.554
Lindsay, J.1. This is an application by one Ram Prasad against whom an order has been made by the District Magistrate of Muzaffarnagar on the 2nd of September 1921. A certified copy of this order is before me and, so far as it relates to Ram Prasad, runs as follows: 'Read report of S.O. Khatoli: Ram Prasad is shown to be an undesirable man. He will leave Khatoli at once or be prosecuted as a bad character.'2. According to the instructions supplied to the learned Government Pleader the District Magistrate seems to take up the attitude that Ram Prasad cannot question this order and that, in any case, his application is premature inasmuch as no proceedings have been taken yet against him as being a bad character.3. The order of the Magistrate directing Ram Prasad to leave the town of Khatoli under threats of being prosecuted as a bad character is wholly indefensible, and one which he had no jurisdiction to make. If he believes that Ram Prasad is a person who is liable to be dealt with as ...
Tag this Judgment!Muhammad Daraz Khan Vs. Emperor
Court: Allahabad
Decided on: Sep-28-1921
Reported in: AIR1921All55; 65Ind.Cas.558
Lindsay, J.1. This is an application made on behalf of one Muhammad Daraz whose case has been committed to the Court of Session at Farrukhabad. I have perused the affidavit and the reply which has been received from the learned Sessions Judge. One of the grounds on which the transfer has been sought is that the Civil Surgeon of Fatehgarh has been discussing this case at the local Club with the officers of the station including the learned Sessions Judge. The learned Sessions Judge in his explanation admits that he had heard one or two discussions of the case at the Club. That fact by itself is, in my opinion, sufficient to justify an order for transfer. Discussion of a case like this at the Club by the Civil Surgeon or any of the other officers who are likely to be concerned in the disposal of it is an extremely improper proceeding. The learned Sessions Judge suggests that it would be inconvenient on the score of cost to transfer the case to some other district. The answer to this is t...
Tag this Judgment!Nagina and ors. Vs. Emperor
Court: Allahabad
Decided on: Sep-28-1921
Reported in: AIR1921All215; 95Ind.Cas.477
Lindsay, J.1. After stating fads, and discussing the evidence concerning five of the appellants, his Lordship proceeded as follows:---] There remain now the cases of nine other accused appellants with which we feel ourselves unable to deal at the present moment for reasons which we are now about to give.2. It has been stated that certain identification proceedings were held in the Jail at Meerut on the 12th of March 1921 and further proceedings were held in the case of Khushya, accused, on the 26th of March 1921.3. When this case came up for trial in the Sessions Court in the middle of July it turned out that a large number of witnesses who had made identifications in the Jail were utterly unable to repeat these identifications in Court. It appears from the statements made by these witnesses that' they were completely baffled in the Sessions Court by the changes wrought in the appearance of the accused. The witnesses pointed out that the accused's heads and faces had been shaved or tha...
Tag this Judgment!Bissay Vs. Emperor
Court: Allahabad
Decided on: Sep-24-1921
Reported in: AIR1921All142; 65Ind.Cas.556
Lindsay, J.1. This application for revision must be accepted. It has been admitted on the ground pat forward in the petition that the Magistrate who tried the case had wrongfully disposed of it without hearing the defence evidence of the applicant.2. A perusal of the order sheet shows that the witnesses cited by the accused failed to appear in Court. Summonses and warrants were issued with the object of bringing these witnesses into Court, but neither were executed. The Magistrate seems to have got tired at last a and proceeded to give judgment, remarking that it was the business of the accused to take suit-able steps to have his witnesses brought into Court.3. It was the business of the Court to see that its summonses and warrants were duly executed, and if the accused insisted on the Court issuing process for the attendance of these witnesses he had done all that the law required of him. It was for the Court to do the rest. I, therefore, allow this application, set aside the convicti...
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