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Allahabad Court September 1947 Judgments

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Sep 02 1947

Ram Pargas Vs. Emperor

Court: Allahabad

Decided on: Sep-02-1947

Reported in: AIR1948All129

Malik, J.1. This application has been moved on behalf of Ram Pargas under Section 491, Criminal P.C., read with Sections 339 and 561A of the same Code for the stay of the order, passed by the learned Sub-Divisional Magistrate of Karchana, on 29-5-1946, directing him to present himself before the authorities of the Rewa State and for quashing all the proceedings relating to his arrest. The applicant has further prayed that he be released from any obligation to surrender to the bail bonds executed under the orders of the said Sub-Divisional Magistrate.2. The applicant is a resident of village Daron, police station Karchana, in the district of Allahabad. He was arrested in his village on 28-2-1946, by the Station Officer of Sohagi in the Rewa State and was handed over for custody to the Station Officer of Karchana. 3. At the time of his arrest on 28th February the Station Officer of Sohagi was not in possession of any warrant of arrest. On 6-3-1946, an application was moved before the Sub...


Sep 02 1947

Ram Sarup Vs. Emperor

Court: Allahabad

Decided on: Sep-02-1947

Reported in: AIR1948All144

ORDERHarish Chandra, J.1. This a revision application of Ram Sarup alias Lallu Mal, a resident of Bijnor Municipality, from an order convicting him under Section 210, U.P. Municipalities Act, 1916, for the contravention of an order of the Municipal Board of Bijnor requiring him to remove certain structures erected by him in front of his shop without the permission of the Municipal Board as required under Section 209. As a matter of fact the prosecution case was that the construction in question had been made by the applicant against a resolution passed by the Municipal Board on 28-7-1945. Learned Counsel for the applicant stated that no copy of the resolution had been produced by the Municipal Board before the learned Magistrate, but on an examination of the record I find that a certified copy of the resolution is in fact on the record, being paper No. 28A of the file.2. The Special Magistrate who tried the applicant convicted him under Section 210, Municipalities Act, and sentenced hi...


Sep 02 1947

Mithan Lal Vs. Emperor

Court: Allahabad

Decided on: Sep-02-1947

Reported in: AIR1948All165

ORDERMootham, J.1. These are twelve applications in revision which may conveniently be dealt with in one judgment. The applicants are cloth dealers of Sikandarabad, and they have been convicted under Sub-rule (4) of Rule 81 of the Defence of India Rules for a contravention of Clause 14 of the Government of India Cotton Cloth and Yarn (Control) Order, 1943, (hereinafter referred to as the Control Order). On 4th November 1944, Clause 14 of this Order was amended; and thereafter on the material dates para. 1 of Clause 14 read as follows:14(1). No dealer shall, after 31st December 1944, buy or sell or have in his possession - (a) any cloth or yarn manufactured in India before 1st August 1943; (b) any cloth or yarn manufactured in India and packed after 31st July 1943, and before 1st January 1944.2. On 2nd, 3rd and 4th January 1945, a Piece Goods Inspector visited the business premises of the applicants, and seized and sealed the cloth for the possession of which after 1st January 1945 the ...


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