Allahabad Court June 1949 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Tandon and anr. Vs. Rex
Court: Allahabad
Decided on: Jun-20-1949
Reported in: AIR1952All469
ORDERSeth, J.1. This is an application in revision by 1 Tandon and 2 Ram Prasad. They have been convicted of offences under Sections 3 and 4 of the Public Gambling Act. 2. Two points have been urged before me by the learned counsel for the applicants. The first contention is that the evidence on the record does not satisfy the requirements of Section 3 of the Act. It is contended that whereas it has been found that both the applicants are owners of the Kothri which has been found to be a gaming house, it has not been proved that they had knowingly permitted the same to be opened, Occupied, used or kept by any other person as a common gaming house. This is a pure question of fact and was not canvassed in the Court below. If it had been canvassed there, there would have been a clear finding on the point. The learned counsel was not entitled to raise this question of fact, for the first time, in this Court. I have, however, looked into the evidence in the case and I have no doubt that the...
Bachchu Lal Gupta Vs. Rex
Court: Allahabad
Decided on: Jun-10-1949
Reported in: AIR1951All404
ORDERMalik, C.J.1. Mr. A. P. Dube, learned counsel for the applicants, and the Deputy Government Advocate are agreed that in all these oases the same point his been raised and the decision in one case would govern all the connected cases. Learned counsel have, therefore, given to me the facts of only one case (Cr. Revn. No. 1380 of 1913) as all the other cases are and to be exactly similar.2. On 16-3 1946, 60 bags of alsi were sent from Allahabad by the accused, Bachchu Lal Gupta, to a firm of commission agents at Satna, firm Sukhnandan Prasad Hanuman Prasad. The arrangement was that the commission agents would sell the alsi and after deducting their commission remit the balance to Bachchu Lal Gupta at Allahabad. Satna is in Rewa State outside the United Provinces. At the Octroi barrier at Chak Ghat the goods were weighed and entries were made in certain forms in triplicate, one form wag given to the sender, another was retained by the office and the third was given to the carrier. The...
Binod Behari Lal and anr. Vs. Rex
Court: Allahabad
Decided on: Jun-08-1949
Reported in: AIR1950All145
ORDERMalik, C.J.1. These connected revisions have been filed by Benod Behari Lal and Amrit Lal Saraiya. Amrit Lal Saraiya was the Chief Goods Clerk at Agra Port Railway Station, B. B. & C. I., and Binod Bahari Lal was the loading clerk at the same station. The applicants have been convicted under the Government of India Sugar and Sugar Products Control Order, 1943, Clause 8, for having accepted for despatch sugar from the United Provinces to Indore without the necessary permit.2. The Government of India Sugar and Sugar Products Control Order, 1943, Clause 2 (f) defines sugar as meaning, (i) any form of sugar containing more than 90 per cent. of sucrose; (ii) any sugar of crystalline structure. If, therefore, sugar has sucrose contents exceeding 90 per cent. or is of crystalline structure, it comes under this Order. Clause 8 of the Order provides that :'No sugar shall, after such date as the Controller may notify in this behalf, be offered for transport by railway, or in any manner what...
Jagdish Prasad and ors. Vs. Rex
Court: Allahabad
Decided on: Jun-07-1949
Reported in: AIR1949All626; 1949CriLJ999
ORDERMalik, C.J.1. Section 401, Criminal P. C, gives the Provincial Government the right to remit the whole or any part of the punishment to which a person may be sentenced. It also gives the Provincial Government the right to suspend the sentence with or without conditions. The applioants were convicted and by an order dated 39th January 1949, their sentences were suspended. In the directions issued by the Provincial Government it was mentioned that it should be ensured that the released students did not indulge in any demonstrations or any other undesirable activities. It is not suggested that any such undertaking was taken from the students, who were released, after the orders dated 29th January 19i9, were received by the Superintendent of the Jail where the applicants were Berving out their sentences. learned Counsel has urged that as they were released without any conditions being imposed it must be assumed that the sentencea were remitted and that there is no difference between a...
Rikha Singh Vs. Rex
Court: Allahabad
Decided on: Jun-03-1949
Reported in: AIR1949All625; 1949CriLJ982
ORDERSeth, J.1. A number of arms were recovered from the possession of the applicant in village Hasanpur Kalan in the distriot of Meerut. He was, therefore, prosecuted for an offence under Section 19(f), Arms Act and convicted and sentenced to two years' rigorous imprisonment. His conviction and the sentence awarded to him was maintained by the Court of appeal. He has now come up in revision to this Court.2. The findings of fact recorded by the two Courts below have not been questioned before me as they could not be questioned in a revision, this application has been argued upon a ground which was not put forward in any one of the two Courts below.3. It is contended that sanction of the Dia-triot Magistrate was needed for the prosecution of the applicant and that the entire trial is illegal for want of such sanotion. Eeliance is placed upon Section 29, Arms Act in support of this contention. Section 29 reads as follows:Where an offence, punishable under Section 19 (1), has been committ...
- ‹ Prev
- 1
- Next ›