Allahabad Court August 1949 Judgments
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Mohammad Sabir and ors. Vs. Rex
Court: Allahabad
Decided on: Aug-03-1949
Reported in: AIR1952All796
Agarwala, J.1. The appellants Mohammad Sabir, Mustafa and Ashiq Dad have been convicted under Sections 377 and 302/34, Penal Code for having committed sodomy on, and thereafter having murdered, one Babbu, a boy nine years old. They have been sentenced to transportation for life under Section 377 and to death under Section 302, Penal Code. The learned Sessions Judge has referred the case to this Court for confirmation of the death sentences.2. Babbu deceased was the son of Onkar Nath Kaul, Naib Nazir in the District Judge's Court at Gorakhpur. Onkar Nath Kaul had two sons, Mahendra Nath, 12 years old, and Said Babbu deceased, nine years old. Sabir appellant was at one time a civil Court peon employed in a temporary vacancy and was also in the service of Onkar Nath Kaul and his usual job was to escort Babbu deceased to the school. On 12-6-1948, Onkar Nath Kaul left Gorakhpur on a short visit to Lucknow. Before leaving the place, he instructed Nathe and Sundar, process-servers, to look af...
Chunna Lal Vs. Governor General in Council Through the Secretary Railw ...
Court: Allahabad
Decided on: Aug-02-1949
Reported in: AIR1950All89
ORDERSeth, J.1. This is a plaintiff's application in revision under Section 25, Provincial Small Cause Courts Act. The plaintiff sent five consignments of green chillies from Mathura to Ahmedabad. The consignee were Messrs. Lalobhai Chhagan Lal. The consignments were not delivered by the Railway Company to the consignee, nor, were they returned to the consignor. The consignor, Chunna Lal, therefore brought the present suit for the recovery of a sum of Rs. 415 on account of the loss suffered by him.2. The suit has been thrown out in limine on the ground that the consignor, Chunna Lal, had no right to maintain the suit. The Court below has relied upon a decision of the Madras High Court in the M. S. M. Railway Co. Ltd. v. K. Rangaswamy Chetty A. I. R. (11) 1924 Mad. 617 : (73 I. C. 637), wherein it has been held that a consignee alone can sue for loss caused by the non-delivery of goods after goods have been delivered to Railway Company for consignment.3. The ratio of decision is that wh...
Promod Chandra Shekhar Vs. Rex
Court: Allahabad
Decided on: Aug-01-1949
Reported in: AIR1951All546
ORDERMootham, J.1. In view of the order which I propose to make in this case it is unnecessary to state the facts at any length. The applicant was the stenographer of the District Magistrate; of Bulandshahr and it is not in dispute that-he is a public servant. On 19-11-1947, he received from one Fakira two ten-rupee notes-It is the case for the prosecution that he accepted these notes as a gratification other than legal remuneration, in respect of an official act, and thereby committed an offence punishable? under Section 161, Penal Code. The receipt of the notes is admitted by the applicant, but he says that they were received by him in exchange for notes of the same total value, but of smaller denomination, given by him to Fakira.2. Section 3, Prevention of Corruption Act, 1947 (II [2] of 1947), provides, inter alia, that an offence punishable under Section 161, Penal Code, shall be deemed to be a cognisable offence for the purposes of the Code of Criminal Procedure. To this section ...
Bisheshwar Dayal Vs. Chandrika Prasad
Court: Allahabad
Decided on: Aug-01-1949
Reported in: AIR1950All85
Mustaq Ahmad, J.1. This is a decree-holder's appeal arising out of an application for execution of a mortgage decree. The decree was obtained by the appellant in 1929 against the respondent Chandrika Prasad and one Arya Muni. Execution was taken of this decree off and on, until the last application was dismissed on 28th July 1987. On 1st January 1938, the U. P. Temporary Stay of Execution of Decrees Act (X [10] of 1937) came into force and remained in force upto 31st December 1940. Claiming an exclusion of this period the appellant again applied for execution of his decree on 28th July 1943.2. Objections were taken to this application by the respondent on the ground that it was barred by limitation and also on the ground that the claim had already got discharged by reason of the decree-holder not proving his claim in certain proceedings under the Encumbered Estates Act. Those proceedings had been taken by the respondent Chandrika Prasad only Arya Muni, the other judgment-debtor, being ...
Lakshmi Shanker Tewari Vs. Rama Kant and ors.
Court: Allahabad
Decided on: Aug-01-1949
Reported in: AIR1950All144
ORDERSeth, J.1. This is an application in revision against an appellate order arising out of a case for redemption under Section 12, U. P. Agriculturists' Relief Act.2. The plaintiffs in the case are the donees of the property mortgaged from the widow of the mortgagor. The property mortgaged and the property transferred by the deed of gift is occupancy holding. The deed of gift is, therefore, void, and does not confer any title on the donees. They are, therefore, not entitled to maintain the application for redemption of the mortgage. The lower appellate Court has, however, held that they are entitled to maintain the application not because the gift is a valid gift, but because, in the opinion of the learned Judge, the mortgagee has no right to question the gift. In my opinion this view of the learned Judge is not well founded. The gift being void anybody can plead that it has not passed any title to the donees. Thus it is clear that the judgment of the Court below is erroneous, and th...
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