Allahabad Court August 1927 Judgments
Bhola Nath Vs. Mrs. Vasheshwar Nauth Singh
Court: Allahabad
Decided on: Aug-24-1927
Reported in: AIR1927All708
ORDERBoys, J.1. This is an application for transfer of a case from the Court of Mr. Gokaran Nath Ugra, a Magistrate at Moradabad. It is unnecessary to enter into details either of the allegations in the affidavit or of any other matters beyond this: that there can be no shadow of a doubt but that some of the district officials at Moradabad have been unavoidably or otherwise very closely connected with this case. The District Magistrate himself approves of the transfer of the case, while, at the same time he points out that his personal concern with it only originated in the fact that allegations were being made 'of the possibility of murder and suicide.' This order of transfer must not be taken as in any way a reflection upon anybody concerned with the case, whether official or non-official. 1 order it simply on the ground that where a number of officials in the district are personally concerned as in the circumstances of this case whether as witnesses or otherwise in the case, it is d...
Tag this Judgment!Har Prasad Vs. King-emperor
Court: Allahabad
Decided on: Aug-12-1927
Reported in: AIR1928All139
1. This was referred to a Bench of two Judges because of the argument raised at the hearing before a single Judge as to whether Sections 234, etc., were mutually exclusive of each other or could be jointly applied with a resultant increase in the number of offences tried at one trial. The two sections in this case, in regard to which discussion arose, were Sections 234 and 236; but in our view Section 236 has no application whatever to the particular case.2. The accused here was committed to the Court of Session on a charge under Section 413, I.P. C, of being a habitual receiver of stolen property. Some ten or eleven instances of the receipt of stolen property were put forward by the Crown. At the trial the learned Sessions Judge thought it proper to add charges of three separate offences under Section 411. The three incidents which formed the subject of these charges were three of the ten or eleven incidents stated above to have been relied on by the Crown to establish the habit of re...
Tag this Judgment!(Hafiz) HafizuddIn Vs. C. Laborde
Court: Allahabad
Decided on: Aug-04-1927
Reported in: AIR1928All14
Iqbal Ahmad, J.1. This is a reference by the learned Sessions Judge of Meerut under Section 438, Criminal P.C., recommending that an order passed by a Sub-Divisional Magistrate under Section 144 of the Code directing Hafizuddin, applicant, to deliver the register and the goods of the Asiatic Petroleum Co., opposite party, that were in his possession, to the latter, be set aside and that the opposite party be ordered to hand back the register and the goods to the applicant.2. The facts that led to the present reference are as follows: The applicant was for some time the agent of the Asiatic Petroleum Co., but his agency was terminated. Notwithstanding the termination of his agency, he refused to deliver back the register and goods of the company. The opposite party then filed an application, under Section 144, Criminal P.C., praying that the applicant be directed to deliver to the opposite party the register and goods in his possession. The learned Magistrate, after recording the statem...
Tag this Judgment!Darab and ors. Vs. Emperor
Court: Allahabad
Decided on: Aug-03-1927
Reported in: AIR1928All20
Iqbal Ahmad, J.1. Darab and Taqi applicants were charged with offences punishable under Sections 3 and 4, Gambling Act, and were tried jointly with the other applicants who were charged under Section 4 of the Act. The learned Magistrate found Tarab and Taqi guilty under both the sections and the remaining applicants under Section 4. He ordered Noor Ahmad to execute a bond for Rs. 50 and to provide a surety in the sum of Rs. 50 to appear and receive sentence when called upon during the period of throe months and in the meanwhile to keep the peace and be of good behaviour. He sentenced Darab to three months rigorous imprisonment and a fine of Rs. 200 and he fined the other applicants. The learned Sessions Judge on appeal has affirmed the conviction and the sentences passed by the learned Magistrate.2. It appears that, on the basis of certain information supplied to it, the police obtained a warrant for the search of the house of Darab and Taqi applicants, and in accordance with that warr...
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