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Allahabad Court June 1941 Judgments

Jun 11 1941

Muhammad Shafi and ors. Vs. Emperor

Court: Allahabad

Decided on: Jun-11-1941

Reported in: AIR1941All344

ORDERBajpai, J.1. The four applicants before me have been convicted of an offence under Section 186, Penal Code, and sentenced to various sums of fine. The case for the prosecution is that Mohammad Shafi and his son Qamruddin owned a provision shop in a village in the district of Azamgarh. The District Board used to levy some sort of tax. The tax remained unpaid and an amin went with a warrant of attachment. In pursuance of this warrant of attachment he attached certain moveables. The prosecution case is that he was prevented in removing the attached articles. The defence case is that the accused insisted that the articles should be weighed and a proper inventory given to them. I have looked at the inventory on the record and it appears that the weight of the attached articles was given by approximation only. The question thus arises whether the accused were justified in insisting on the attached articles being weighed or whether the amin was justified in noting the approximate weight ...

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Jun 06 1941

Mahtab Singh Vs. Emperor

Court: Allahabad

Decided on: Jun-06-1941

Reported in: AIR1941All337

ORDERBajpai, J.1. Mahtab Singh has been convicted under Sections 199/193, Penal Code, and sentenced to six months rigorous imprisonment and a fine of Rs. 200. His conviction was affirmed in appeal by the learned Sessions Judge and Mahtab has filed the present application in revision to this Court. The facts are that Mahtab Singh was being prosecuted for an offence under Section 420, Penal Code, and in that connection a compromise was filed between the complainant and the accused Mahtab Singh. The Court refused to accept the compromise because the Prosecuting Inspector pointed out to the Court that the accused had been convicted previously of an offence under Section 420, Penal Code. Mahtab Singh applied for transfer to this Court and the application along with the affidavit was sent down to the learned Magistrate for a report. In his report and explanation the learned Magistrate pointed out that the accused had been convicted on a previous occasion of an offence under Section 420, Pena...

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