Allahabad Court September 1929 Judgments
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Emperor Vs. Maiku
Court: Allahabad
Decided on: Sep-04-1929
Reported in: AIR1930All279
Young, J.1. Maiku Kahar has been convicted by Mr.S.M. Ahmed, Excise Magistrate of Agra under Section 60, Excise Act and has been sentenced to a fine of Rs. 50. The District Magistrate of Agra has through the Sessions Judge referred the case to this Court 'for examination and enhancement of sentence if thought proper.'2. Mr. Sheodan Lal, an Excise Inspector, raided the house of Maiku Khar which is situated in Sadar Bazaar of the city of Agra. Maiku was caught in the act of distilling liquor. A large quantity of illicit liquor and a complete paraphernalia of instruments for manufacture of illicit liquor was discovered in his house. Maiku was put on his trial and he made no pretence of innocence. He pleaded guilty. The Excise Magistrate considered that he had properly discharged his function as a Magistrate by sentencing Maiku to a fine of Rs. 50.3. Excise cases are not easy to detect and are difficult to prove. The distiller, not unoften, prepares liquor for purposes of traffic. The game...
Gauri Shankar Vs. Emperor
Court: Allahabad
Decided on: Sep-02-1929
Reported in: AIR1930All26
Sen, J.1. This is a reference by Mr. Rup Kishan Agha, Officiating Sessions Judge of Allahabad, recommending that the conviction of one Gauri Shankar Singh under Section 265, Municipalities Act, be set aside.2. This case is a typical example of aggressiveness on the part of a Municipal Board with a view to establish a claim to property, the title to which is in dispute. Section 265, Municipalities Act, has its use; but not unoften the powers conferred by the section are abused. This is to be strongly deprecated. Where there is a clash between a Municipal Board on the one side and a private individual on the other with reference to some property, the matter has got to be adjudicated by the civil Court which is the only forum for determining the title. The straightforward course in such a case is the institution of a suit in the civil Court. The remedy provided by Section 265, Municipalities Act, may be cheap, swift and within a certain range effective. The section, however, was never int...
P.C. Chaudhri Vs. Emperor
Court: Allahabad
Decided on: Sep-02-1929
Reported in: AIR1930All34
Sen, J.1. This is a reference by Mr. Kisch, the learned Sessions Judge of Allahabad with the recommendation that the order passed by a Magistrate, First Class of Allahabad convicting one Mr. P.C. Chaudhri under Section 16, Motor Vehicles Act, 1914, be set aside.2. The learned Sessions Judge has given excellent reasons in support of his reference. The conviction is clearly illegal and must be set aside.3. Mr. P.C. Chaudhri, resident of No. 4 Bankshall Street, Calcutta, came to Allahabad on a short visit. He brought with him his motor car bearing No. 23,047. On 14th April 1929, a constable on traffic duty demanded the production of the registration certificate. The Line Inspector who acts under the orders of the Superintendent of Police also made a similar demand. The certificate of registration was not produced. The result was that he was prosecuted for having contravened the provisions of Rule 11 of the United Provinces Motor Vehicles rules and fined Rs. 5.4. Rule 11 of the United Prov...
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