Allahabad Court June 1949 Judgments
Bechey Lal Vs. the State
Court: Allahabad
Decided on: Jun-29-1949
Reported in: AIR1952All667
ORDERDesai, J. 1. This is an application in revision by Bechey Lal, patwari, against his conviction and sentence under Section 161, Penal Code by a Judicial Magistrate first class, confirmed on appeal by the Additional Sessions Judge of Bahraich. 2. Plot no. 2893 was in the possession of Salik Dhobi as bila tasfiya tenant for three years when Mathura took a patta of it from the zemindar. Subsequently there was a consolidation of holdings in the village in the course of which the plots were re-distributed among the tenants.Plot No. 2893 was given in this scheme to another man and in exchange plots Nos. 875 and 876 were given to Salik. There could be two claimants for these two plots, namely Salik on the basis of his actual possession over plot No. 2893 and Mathura, on the basis of his patta. If plots Nos. 875 and 876 were to be given to the person holding a patta for the plot, Mathura was entitled to them. But they were given to Salik. These facts were within the knowledge of the applic...
Tag this Judgment!Majeed Khan Mohammad Yaseen Khan and anr. Vs. Rex
Court: Allahabad
Decided on: Jun-28-1949
Reported in: 1950CriLJ61
Mustaq Ahmad, J.1. On the facts found by the learned Sessions Judge is this case, and having regard to a for other circumstances which I shall notice, the conviction of the appellants Majid Khan and Bundu Khan was, in my opinion, almost impossible. They were convicted each under Section 4(b), Explosive Substances Act (vi [6] of 1908) and sentenced to five years' rigorous imprisonment by the learned Sessions Judge of Meerut, and they appeal against the same.2. The case, arose in the following manner. On 13th June 1947, at 10-30 P.M., one Dwarka Prasad lodged a report at the police station Baghpat to the following effect:In the mosque of mohalla Eangran, Bagbpat town there were three violent explosions. The reports were very loud and caused piano throughout the town. When I went to the scene I found the mosque smothered with smoke and the smell of gun powder prevailing all round. People were coming out of the mosque with articles. There were previous complaints of the collection of aroma...
Tag this Judgment!Rulia Ram Vs. Rex
Court: Allahabad
Decided on: Jun-24-1949
Reported in: AIR1949All716; 1950CriLJ42
ORDERSeth, J.1. Applicant Rulia Ram has been convicted of offences alleged to have been constituted by the disobedience of provisions contained in Clauses 2, 3 and 4 of an order promulgated on 29th February 1943, by the District Magistrate of Muzafl arnagar, purporting to act under; powers conferred upon him by the U. P, Bricks Control Ordor, 1916.2. The case against the applicant was that he, being a brick manufacturer, was allotted a wagon of coal duat, but that he did not maintain a stock register or daily accounts and that he did not submit monthly statements of bricks to the District Supply Officer and further that he sold the bricks manufactured by him without the permit of the District Supply Officer.3. The facts found by the lower Appellate Court have not been disputed, as indeed they cannot be disputed in a criminal revision. It has, however, been contended that these facts do not constitute an offence and that the various clauses of the order promulgated by the District Magis...
Tag this Judgment!Sir Gulab Singh Vs. District Magistrate
Court: Allahabad
Decided on: Jun-24-1949
Reported in: AIR1950All11
Wali Ullah Ag., C.J.1. This is an application Under Section 491, Criminal P. C. The applicant, Sir Gulab Singh, is the ex-Maharaja, Rewa State. The Rewa State acceded to the Indian Union in August 1947. On 20th May 1948, the Governor-General passed an order addressed to the Superintendent of Police, Dehra Dun. It is an order passed under the provisions of the Bengal State Prisoners Regulation, 1818, as adapted by the Bengal State Prisoners Regulation (Adaptation) Order, 1947, promulgated on 26th August 1947, and directs that Sir Gulab Singh, the applicant, shall be placed under personal restraint at No. 10, Dolialwala, Dehra Dun, and be dealt with in accordance with the orders of the Government and the provisions of the Bengal State Prisoners Regulations, 1818. In pursuance of this order--the warrant of commitment--the applicant is being kept in personal restraint at Dehra Dun. By means of this application, it is prayed that the applicant may be set at liberty inasmuch as his detention...
Tag this Judgment!Ram Bharose and ors. Vs. Rex
Court: Allahabad
Decided on: Jun-23-1949
Reported in: AIR1950All149
ORDERSeth, J.1. The applicants have been convicted of an offence under Section 17 (2), Criminal Law Amendment Act (Act XIV [14] of 1908). It has been found that they were members of a procession which paraded through the town of Kasganj, shouting Rashtriya Swayam Sewak Sangh slogans. It has also been found that the three applicants were members of the Sangh which had been declared to be an illegal body by the Government.2. The question for consideration is whether all these acts are offences under Section 17 (2), Criminal Law Amendment Act. Section 17 (2), Criminal Law Amendment Act reads as follows:'Whoever manages or assists in the management of an unlawful association, or promotes or assists in promoting a meeting of any such association, or of any members thereof as such members, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.'3. There is no proof that the applicants managed or assisted in the management of the unlawful as...
Tag this Judgment!Madho Das Vs. Rex, Through Adya Prasad
Court: Allahabad
Decided on: Jun-22-1949
Reported in: 1950CriLJ53
ORDERSeth, J.1. This is an application against an order of a Magistrate passed Under Section 310, U. P. Municipalities Act.2. By a notice dated 23rd October 1948 issued Under Section 263 (1)(ft), Municipalities Act Maharaj Bahadur Singh as owner of house No. K25/27 was directed to make certain constructions or to demolish certain portion of that house on the ground that that portion of the house had become dangerous to the public safety. The house itself was in the occupation of the applicant, Madho Das, who claims to be occupying it as a tenant of Maharaj Bahadur Singh.3. Adya Prasad, claiming to be a pairokar of Maharaj Bahadur Singh, applied to the City Magistrate of Banaras on 2fith October 1948 for an order directing Madho Das to vacate the house so that the notice issued by the Municipal Board might be complied with. The case was transferred to a Bench of Honorary Magistrates. On 2lst January 1949 the Bench passed the following order :No sufficient cause shown. It is sufficient t...
Tag this Judgment!Madho Das Vs. Rex
Court: Allahabad
Decided on: Jun-22-1949
Reported in: AIR1949All738
ORDERSeth, J.1. This is an application against an order of a Magistrate passed under Section 310., U.P. Municipalities Act.2. By a notice dated 23rd October 1948 issued under Section 263 (1) (a), Municipalities Act Maharaj Bahadur Singh as owner of house No. K25/27 was directed to make certain constructions or to demolish certain portion of that house on the ground that that portion of the house had become dangerous to the public safety. The house itself was in the occupation of the applicant, Madho Das, who claims to be occupying it as a tenant of Maharaj Bahadur Singh.3. Adya Prasad, claiming to be a pairokar of Maharaj Bahadur Singh, applied to the City Magistrate of Banaras on 25th October 1948 for an order directing Madho Das to vacate the house so that the notice issued by the Municipal Board might be complied with. The case was transferred to a Bench of Honorary Magistrates. On 21st January 1949 the Bench passed the following order:No sufficient cause shown. It is sufficient tha...
Tag this Judgment!Bishnath Rai Vs. Rex
Court: Allahabad
Decided on: Jun-21-1949
Reported in: AIR1950All147
ORDERSeth, J.1. The applicant has been convicted of an offence Under Section 60(a), Excise Act, for having been found in possession of certain quantity of Ganja without licence for its possession.2. Learned counsel has attacked the conviction mainly on the ground that the search was illegal.3. In several cases I have refused to interfere with the orders of the Court below on the ground that the provisions of Section 103, Criminal P. C., were not strictly observed, because I was satisfied in all those cases that the accused had not been prejudiced by a disregard of those provisions of law. At the same time all those cases have produced an indelible impression upon my mind that the provisions of Section 103, Criminal P. C., which are very salutary provisions for the protection of the interests of an accused person are generally observed, more in their breach than in their compliance, by the police of these provinces. It appears to me that it is high time that steps should be taken to sto...
Tag this Judgment!Rex Vs. Goonga
Court: Allahabad
Decided on: Jun-20-1949
Reported in: AIR1950All143
ORDERDesai, J.1. This is a reference Under Section 341, Criminal P. C., by a Judicial Magistrate of Lucknow.2. The man 'Goonga' who is deaf and dumb and whose name is not known was prosecuted in the Court of the learned Magistrate Under Section 380, Penal Code, for stealing a bullock belonging to Bhagwati Prasad from the barotha of his house on 2nd February 1949, at about 8 p. m. Bhagwati Prasad went to feed his bullock when he found it missing. He looked for it in the neighbourhood of his house and caught the man leading it with a rope at a distance of about fifty paces from his house. He shouted and arrested the man in the presence of a number of witnesses such as Uttam Kumar, Sripal, Laltu and Razzak. The man was not known to these persons. He was then taken with the bullock to the police station where Bhagwati Prasad made a report against him.3. Bhagwati Prasad, Uttam Kumar, Laltu, Sripal and Razzak all deposed that the man was caught red-handed with the bullock and that the bulloc...
Tag this Judgment!Taqi Mirza Vs. Rex
Court: Allahabad
Decided on: Jun-20-1949
Reported in: AIR1949All708
Mushtaq Ahmad, J.1. One Taqi Mirza, aged 18 year according to the first information report, appeals against his conviction under Section 307,. Penal Code and sentence of three years' rigorous imprisonment by the learned Sessions Judge of Allahabad.2. The occurrence had taken place at 6-46 p. M. on 8th November 1946, in Mohalla Nai Basti, Allahabad City. A report of the incident was lodged by one Chhotelal Ahir, a milk vendor, at the Kotwali Police Station at 7 p. m. the same evening, in which the appellant and another young Muslim were mentioned as his assailants.3. The allegations in the said report were that, when Chhotelal, after supplying milk, was returning from Muthiganj to his house and hail reached a place known as the 'Tuta Puff' (damaged culvert) in Mohalla Nai Basti, two Muslims, both aged 18 years, surrounded him, that one of them, namely the appellant, attacked him with a knife, that the appellant, whom he knew, lived in the Muslim League Office of the Mohalla and that the...
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