Allahabad Court January 1928 Judgments
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Bhagwan DIn and ors. Vs. King-emperor
Court: Allahabad
Decided on: Jan-05-1928
Reported in: AIR1928All215; 108Ind.Cas.568
Dalal, J.1. The Magistrate has written a well-reasoned judgment which has not been met by the very summary order of the Additional Sessions Judge of Cawnpore. The learned Judge has made the usual mistake of quoting a ruling without discussing it. Certain persons were convicted of gambling in the office of the Deputy Director of Agriculture at Cawnpore. They were menial servants employed there. The learned Judge finds two faults with the conviction: (1) that the warrant did not justify the search of the office building when actually it was directed to the house of the chaukidar, and (2) that an office cannot be called a gaming house, because there was a ruling to that effect of the Calcutta High Court. As I have observed the ruling is not discussed; I have referred to the ruling which contains no reasons whatsoever. The definition of a gaming-house in the form of ordinary gaming is 'any house... in which any instruments of gaming are kept or used for the profit or gain of the person own...
Emperor Vs. Badan Singh
Court: Allahabad
Decided on: Jan-04-1928
Reported in: AIR1928All150; 118Ind.Cas.577
Iqbal Ahmad, J.1. This is an application in revision by one Chaudhari Badan Singh, who was convicted by a Magistrate of the first class for an offence punishable under Section 171-F, I.P.C., and was sentenced to a fine of Rs. 500, and the conviction and sentence was upheld by the learned Sessions Judge on appeal. There is a connected criminal revision by the Local Government (Revn. No. 529 of 1927) for enhancement of sentence passed on Badan Singh. The facts that led to the prosecution of Badan Singh are as follows:2. Badan Singh was a candidate in a District Board election that was held on 9th December 1925, at Khandowa polling station in the district of Budaun. One Thakur Chandan Singh was his rival candidate. 232 votes were polled at the said election out of which Badan Singh secured 141 and Chandan Singh 91 votes, and as such Badan Singh was declared elected by a majority of 50 votes. Chandan Singh filed an election petition in the Court of the District Judge praying that the elect...
Aziz Ahmad Khan and ors. Vs. Chhote Lal and ors.
Court: Allahabad
Decided on: Jan-04-1928
Reported in: AIR1928All241
Mukerji, J.1. The appellants before this Court were the plaintiffs in the Court below. They brought the suit out of which this appeal has arisen for recovery of Rs. 26,972-8-0 by sale of certain villages, and, in the alternative, for recovery of different items of money byway of contribution, to be enforced against certain properties held by some of the defendants. The suit has been dismissed on two grounds, namely, one, that the plaintiffs did not put before the Court sufficient materials to enable it to work out the respective burdens to which the properties might be liable: and the other, that the plaintiff has failed to implead certain people who are necessary for a proper determination of the suit. The respondents support the judgment on these two points taken by the Court below and also on 'the ground of limitation. The Court found that the suit was not time barred.2. The points for determination in this appeal are:1. Whether proper parties are before the Court and, if not, wheth...
In Re: Chandra Sen Jaini Vaid
Court: Allahabad
Decided on: Jan-04-1928
Reported in: AIR1928All283; 108Ind.Cas.234
Walsh, J.1. This is a case stated by the Income-tax Commissioner. The assessee one Lala Chandra Sen Jaini, a vaid or physician of Etawah, filed a return of his income for the current year stating that he kept no accounts and that his return was an estimate. The Income-tax Officer, presumably having reason to think that the assessee was not giving that attention to his return which, we hope, he gives to his patients served a double notice upon him: one under Section 22 (4), requiring him to produce accounts and documents in support of his return, and another under Section 23 (2), requiring him either to attend or to produce evidence in support of his return. The notice issued is headed 'Form B.' It is a double form calling upon the assessee to do two things: to produce documents to enable the correctness of the return to be tested; and to attend and give any evidence the assessee may desire to give.2. This double form which is a useful, and practical way of combining two stages into one...
Abdul Habib Khan and anr. Vs. Emperor
Court: Allahabad
Decided on: Jan-03-1928
Reported in: AIR1928All211; 108Ind.Cas.689
Dalal, J.1. This is an application for bail during the pendency of an appeal in the Court of the Sessions Judge of Farrukhabad. The case is one of cocaine smuggling and the application for bail was rejected by the learned Judge merely on the ground that cocaine smuggling was a very serious offence. The offence however is a bailable one and the learned Judge ought to have considered why bail should be refused in a bailable case. I would have granted bail but it is not clear from the grounds of petition here when the appeal is likely to be heard. If the appeal is to be heard in a day or two it would not be worth while letting the applicant out on bail. A copy of this order shall immediately be sent by the office to the Court concerned. If the appeal is speedily heard, i.e., within a week of the receipt of this order no further action need be taken. Otherwise the learned Judge is requested to reconsider the application for bail on behalf of both the petitioners. However serious an offence...
Haji Baqridi and ors. Vs. King-emperor
Court: Allahabad
Decided on: Jan-03-1928
Reported in: AIR1928All268; 108Ind.Cas.569
Banerji, J.1. This is a reference by the Sessions Judge of Benares with the recommendation to this Court that an order passed under Section 117, Clause (3), Criminal P.C., by a 1st Class Magistrate, be set aside as ultra vires.2. Proceedings under Section 107, Criminal P.C., were pending before the City Magistrate, Benares, against several people. After the Magistrate had made an order under Section 112, Criminal P.C., attempts were being made by the Hindus and the Mahomedans concerned to settle the dispute between them amicably and the case was postponed from time to time, tout nothing seems to have been done, or at any rate nothing was achieved by these postponements. As time was passing, and as there were certain festivals which might have brought about a riot, the City Magistrate passed an order against five persons under Section 117, Clause (3), directing them to execute personal bonds with sureties in the sum of Rs. 500 each to keep the peace until the final disposal of the case....
Emperor Vs. Nasrullah and ors.
Court: Allahabad
Decided on: Jan-03-1928
Reported in: AIR1928All287; 108Ind.Cas.567
Walsh, J.1. In this case the Government are applying in revision for enhancement of sentence. We think it, therefore, necessary, if not desirable, to state with some care and particularity our reasons for rejecting the application. If the result of our doing so is to give the case an appearance of greater importance than it deserves, that is the fault of the Government for applying in revision. Speaking in broad terms the case arose in this way. It was Holi and at that time a lot of loosely disposed people indulge, more by tradition and custom than by actual desire to be disorderly or unpleasant, in songs of a low character and generally in performances of a more or less suggestive and loose description. If this were a perfect world, they would all recognize that even although they were tempted to indulge themselves in this way, it; was their first duty to avoid giving offence or annoyance to other people. As a matter of fact, as the Government advocate rightly says, they frequently gi...
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