Allahabad Court July 1939 Judgments
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B. Sohan Lal Vs. M. Mubarak Ali Khan
Court: Allahabad
Decided on: Jul-07-1939
Reported in: AIR1939All705
ORDERMulla, J.1. These are two connected references by the learned Additional Sessions Judge of Aligarh at Etah which give rise to the same question of law for decision and can therefore be conveniently disposed of together. The facts out of which the question of law arises may briefly be stated as follows : One Babu Sohan Lal in whose behalf the reference has been made is a member of the Municipal Board of Jalesar. The Chairman of that Board is one Mr. Mubarak Ali Khan. It appears that in his capacity as a Municipal Commissioner Babu Sohan Lal was entrusted with certain public moneys. The Chairman has made two separate complaints against him for having dishonestly misappropriated those moneys and he is charged under Section 409, I.P.C., because he is a public servant as defined by Section 21, I.P.C. The Magistrate before whom the complaints were made took cognizance of the two offences and issued summonses to Babu Sohan Lal. In both cases an objection was taken on behalf of Babu Sohan...
Bansidhar and ors. Vs. Emperor
Court: Allahabad
Decided on: Jul-07-1939
Reported in: AIR1940All18
ORDERMulla, J.1. This is a reference by the learned Sessions Judge of Jhansi drawing the attention of this Court to a judgment recorded by the learned District Magistrate of Jalaun in an appeal made before him by seven persons who were convicted by a Magistrate of the Second Class of offences under Secs. 147 and 355, Penal Code. The learned Sessions Judge has suggested without making a specific recommendation to that effect that the judgment of the learned District Magistrate should be set aside and that he should be directed to re-hear the appeal and to record a proper judgment. The judgment of the learned District Magistrate to which objection has been taken by the learned Sessions Judge runs as follows:This is an appeal against an order of a Special Magistrate of the Second Class, Orai, in a case under Sections 355 and 147, Penal Code. Seven persons were convicted and all of them appeal. I have given a patient hearing to the learned Counsel for the appellants. Not a single new thing...
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