Allahabad Court February 1950 Judgments
Karim Bux Vs. Rex
Court: Allahabad
Decided on: Feb-27-1950
Reported in: AIR1950All494
ORDERAgarwala, J.1. This is an application in revision by Karim Bux, a police constable of Fatehpur, who has been convicted Under Section 164, Penal Code, and sentenced to one year's rigorous imprisonment and Rs. 100/- as fine by the Sessions Judge of Fatehpur hearing an appeal against the applicant's conviction by a Magistrate not only Under Section 161 but also Under Section 384, Penal Code. The conviction Under Section 384, Penal Code, was set aside.2. The only point for consideration before me is whether there was a sanction to prosecute the applicant or not. The sanction to prosecute is required by Section 6 of Act II [2] of 1947 which runs as follows:Section 6. -- 'No Court shall take cognizance of an offence punishable Under Section 161 or Section 165, Penal Code, or under Sub-section (2) of Section 5 of this Act, alleged to have been committed by a public servant, except with the previous sanction,(a) ........(b) in the case of a person who is employed in connection with the af...
Tag this Judgment!Pearey Lal Vs. Rex
Court: Allahabad
Decided on: Feb-27-1950
Reported in: AIR1950All507
ORDERAgarwala, J.1. This is an application in revision by Pearey Lal Patwari against his conviction under Section 161, Penal Code, by a Magistrate of Farrukhabad and the dismissal of his appeal by the Sessions Judge of that District. The applicant has been sentenced to one year's rigorous imprisonment. The facts of the case briefly put are as follows :2. The applicant was a Patwari of village Siroli in the district of Farrukhabad. In that village there was a widow Mt. Raj Kumari who had a certain tenancy land. After the death of her husband, she got a lease executed in her own favour in respect of four plots of 14 bighas. She did not know whether her name had been entered in the village records. On enquiry, she was told that the name of one Chunni was entered as a tenant and that her name was not so entered. She approached the applicant a number of times but the applicant would not make an entry in her favour without taking illegal gratification. He at first demanded a sum of Rs. 50 by...
Tag this Judgment!Ganga Sahai Vs. Bharat Bhan and ors.
Court: Allahabad
Decided on: Feb-24-1950
Reported in: AIR1950All480
Mootham, J.1. This is an appeal from a judgment and decree of the learned District Judge of Saharanpur granting letters of administration, with the will annexed, of the estate of one Mt. Ishwari Devi to the Arya Prati Nidhi Sabha, a society registered under the Societies Registration Act, 1860.2. The appellant contends that the Arya Prati Nidhi Sabha (to which it is convenient to refer as the Sabha) is not a 'person' within the meaning of Section 236, Succession Act, and that no grant of administration can be made to it. That is the only question raised in this appeal, and the only question which it is necessary for this Court to consider.3. Section 236 provides that: 'Letters of Administration cannot be granted to any person who is a minor or is of unsound mind, nor to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made by the Provincial Government in this behalf.' and the argument for the appellant is that the Sabha is a...
Tag this Judgment!Firm Mahesh Glass Works Vs. Governor General in Council
Court: Allahabad
Decided on: Feb-24-1950
Reported in: AIR1950All543
Desai, J.1. This is a second appeal by a plaintiff whose suit for damages against the Governor. General in Council through the East Indian and Oudh and Tirhut Railways, has been dismissed by the Courts below.2. The facts are these: The appellant, which is a registered firm carrying on business at Firozabad, booked on 1st September 1941 a consignment of glass bangles from Firozabad on the E. I. Railway to Hajipur on the O. T. Railway. Kanpur lies on the way from Firozabad to Hajipur, but there are two alternative routes between Firozabad and Kanpur and again two alternative routes between Kanpur and Hajipur. The shorter route between Firozabad and Kanpur is the direct broad-gauge route; the alternative route is via Farrukhabad and longer. There is broad-gauge route between Firozabad and Farrukhabad and meter gauge route between Farrukhabad and Kanpur. The shorter route between Kanpur and Hajipur is via Mokameh; there is broad-gauge between Kanpur and Mokameh and meter, gauge between Mok...
Tag this Judgment!Raizada Sumer Chand JaIn Vs. Lala Dip Chand Jain
Court: Allahabad
Decided on: Feb-23-1950
Reported in: AIR1950All443
Mushtaq Ahmad, J.1. This is a plaintiff's application against a decree of a Small Gauss Court Judge in a suit for recovery of counsel's fee. The amount claimed was about Rs. 108/-, a part of which was decreed and a part dismissed. 2. The plaintiff's case was that a particular fee had been settled between the parties in connection with an ejectment suit which the defendant had filed against one Gyanchand through the plaintiff who was then practising at Dehra Dun and that the said fee was Rs. 165/- for the whole case in addition to something for the clerk. The defence was that no fee had been settled but that the plaintiff had agreed to accept anything that was offered by the defendant. The learned Small Cause Court Judge found that the plaintiff's case was not proved and that it was established that he had agreed to accept anything as his fee that was offered by the defendant.2. The plaintiff has appeared in person before us to support his application in revision. He has argued that, as...
Tag this Judgment!Munnalal Vs. D.P. Singh
Court: Allahabad
Decided on: Feb-23-1950
Reported in: AIR1950All455
ORDERP.L. Bhargava, J.1. Shri D.P. Singh, who was at one time Collector and District Magistrate of Gorakhpur, has filed a complaint under Section 500, Penal Code against Shri Munna Lal, the local correspondent of certain newspapers at Gorakhpur. In the complaint, it is alleged that the accused tried to interfere with matters connected with the administration of the district and approached the complainant to seek undue favour of preferential treatment for himself and others, and had to go back disappointed. It is further alleged in the complaint that, in consequence of this disappointment, the accused started carrying on defamatory propoganda against the complainant and the district administration, with a view to lower the complainant in the estimation of the public and with the ultimate object of bringing an indirect pressure upon him, in his capacity of the District Magistrate, to yield to the persuasions of the accused. It is also alleged in the complaint that, in pursuance of his ob...
Tag this Judgment!NaraIn Vs. Rex
Court: Allahabad
Decided on: Feb-21-1950
Reported in: AIR1950All441
ORDERP.L. Bhargava, J.1. This is a reference, under Section 438, Criminal P. C. made by the learned Sessions Judge of Banaras in the following circumstances: On 12th July 1949, Narain Chali, a Marahata resident of Banglore city, was found travelling without ticket in a third class compartment of 5 Up Mail Ex. Pratapgarh to Banaras Cantt. He thereby rendered himself liable to pay the excess charge and fare mentioned in Sub-section (1)of Section 113, Railways Act; but refused to pay the dues when demanded by the Travelling Ticket Examiner. Consequently, on the following day, that is, on the 13th July, 1949, he was produced before the railway Magistrate at Banaras, along with a written complaint, under Section 113, of the Act. In that complaint the only allegation made against him was that 'he travelled without ticket in IIIrd class by 5 U. P. Mail Ex. Pratapgarh Oudh to Banaras Cantt. and refuses to pay'.2. The Magistrate put the following question to Narain:' Q. Did you travel without t...
Tag this Judgment!Brahmdutt Vs. State
Court: Allahabad
Decided on: Feb-21-1950
Reported in: AIR1950All483
ORDERRaghubar Dayal, J.1. This is an application in revision against the order of the Sessions Judge of Mirzapur confirming the order of the District Magistrate, Mirzapur, transferring the case against Lalta Prasad and Banarsi Das from the Court of the City Magistrate to the Court of Shri S. L. Nigam, Judicial Magistrate, and transferring the case against Brahmdutt, applicant, to that Court in the following circumstances.2. A case Under Section 409, Penal Code, was proceeding against Lalta Prasad and Banarsi Das in the Court of the City Magistrate. The applicant Brahmdutt was a witness in that case. After he had been examined, the Prosecuting Inspector moved the Court to proceed against Brabmdutt also in that case. This prayer was rejected.3. Subsequently on the application of Lalta Prasad and Banarsi Das that case was transferred by the District Magistrate on 1st August 1949 to the Court of Shri S. L. Nigam. The reasons, which influenced the District Magistrate to transfer the case, w...
Tag this Judgment!Ajgoot Singh Vs. Rex
Court: Allahabad
Decided on: Feb-20-1950
Reported in: AIR1950All490
ORDERRaghubar Dayal, J.1. In proceedings Under Section 145, Criminal P. C., Lal Barti Singh was appointed a supurdar and was made over a large quantity of disputed crop. He undertook to produce it when required by the police or the Court. After the termination of the proceedings he was asked to deliver the property to the party held entitled to possession, but he failed to deliver it.2. The Magistrate then first gave a finding about the quantity which was entrusted to him and then ordered for the attachment of movable and immovable property of Lal Barti Singh up to the value of Rs. 6,800/- under Order 40, Rule 4, Civil P. C. As a result of this order half share in certain zamindari, a pucca house and two bungalows were attached.3. Ajgoot Singh, father of Lal Barti Singh, objected to the attachment. His objection was rejected with respect to the property attached except with respect to the second bungalow which was ordered to be released in favour of Mt. Sumera. Ajgoot Singh went in rev...
Tag this Judgment!Shiromani Sugar Mills Ltd. Vs. Debi Prasad
Court: Allahabad
Decided on: Feb-20-1950
Reported in: AIR1950All508
Desai, J.1. This and civil Revisions NOS. 122 to 154 of 1945 are applications in revision under Section 25, Small Cause Courts Act, against judgments passed by the Small Cause Court Judge, Gorakhpur, in suits filed by the Official Liquidator of the Shiromani Sugar Mills Limited, Khalilabad against a number of ex share-holders of the Shiromani Sugar Mills Ltd. for allotment, first call and second-call moneys. There were as many suits as there are revisions; they were all of similar nature and the same disputes were involved in all. They were consolidated by the learned Small Cause Court Judge and tried together. He delivered one judgment dismissing all the suits.2. The Company which was a public limited Company was formed with a large number of objects, the first and most important object being :'to manufacture in India or abroad all kinds of sugar by up-to-date and latest scientific method and machinery, and for this purpose to erect and construct a factory or factories at one or sever...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »