Allahabad Court October 1923 Judgments
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Emperor Vs. Ram Dayal and ors.
Court: Allahabad
Decided on: Oct-04-1923
Reported in: (1924)ILR46All94
Sulaiman, J.1. This is a reference by the Sessions Judge of Farrukhabad. The accused persons were convicted in a summary trial and, therefore, the record is very meagre. All that appears from the notes of evidence made by the trying Magistrate is that the accused persons were taking out pig's fat and mixing it with ghi which they ordinarily sell. There was no direct evidence that the accused intended to sell the mixture although this might be inferred from the circumstance that they do sell ghi. They have been convicted under Section 272 of the Indian Penal Code for adulterating an article of food so as to make such article noxious as food intending to sell it as food or knowing it to be likely that it will be sold as such. It is true that the mixing of pig's fat with ghi and selling the mixture would be noxious to the religious and social feelings of both Hindus and Muhammadans; but I am of opinion that such an act would not come within the meaning of the expression 'noxious as food' ...
Lachman and anr. Vs. Emperor Through Sia Ram
Court: Allahabad
Decided on: Oct-04-1923
Reported in: 83Ind.Cas.910
Sulaiman, J.1. This is a Reference by the learned Additional Sessions Judge of Aligarh. It has been found by the Courts below that Sia Ram complain-ant was put in possession of the southern portion of the house in dispute by the Civil Court Amin on the 10th of December 1922, in pursuance of an appellate order of the Civil Court. In spite of the possession having been given to Sia Ram as found by the Courts below the accused again took possession of the house for ciblyon the 29th of December 1922. It has been found that force was used and Sia Ram was intimidated and was prevented from getting in to the house. Accordingly the accused have been convicted of the offence under Section 448 ' of the Indian Penal Code and there is no question of interference with that order,2. The Trial Court however omitted to pass any order under Section 522, Criminal Procedure Code. The Appellate Court after upholding the conviction and sentence directed that the Trying Magistrate should restore the rightfu...
Ram Dayal and ors. Vs. Emperor
Court: Allahabad
Decided on: Oct-04-1923
Reported in: AIR1924All214; 83Ind.Cas.1004
Sulaiman, J.1. This is a Reference by the Sessions Judge of Farrukhabad. The accused persons were convicted in a summary trial and, therefore, the record, is very meagre. All that appears from the notes of evidence made by the Trying Magistrate is that the accused persons were taking out pig's fat and mixing it with ghee which they ordinarily sell. There was no direct evidence that the accused intended to sell the mixture although this might be inferred from the circumstance that they do sell ghee.' They have been convicted under Section 272 of the Indian Penal Code for adulterating an article of food so as to make such article noxious as food intending to sell it as food or knowing it to be likely that it will be sold as such. It is true that the mixing of pig's fat with ghee and selling the mixture would be noxious to the religious and social feelings of both Hindus and Muhammadans but I am of opinion that such an act would not come within the meaning of the expression 'noxious as fo...
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