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Allahabad Court April 1950 Judgments

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Apr 04 1950

Raj Bahadur Singh Vs. Ram Sumiran Misra and ors.

Court: Allahabad

Decided on: Apr-04-1950

Reported in: AIR1950All692

Sapru, J.1. This a plaintiff's appeal arising out of a suit for specific performance of a contract of sale of certain plots of land entered into between the plaintiff and defendant 1, on 23rd May 1943. The land in dispute is 'protected land' within the meaning of the U. P. Regulation of Agricultural Credit Act. On the date the contract was entered into, the permission of the Sub-Divisional Officer to sell the land had not been obtained. Later, on 24th May 1943, the Sub-Divisional Officer granted permission to defendant 1, to sell the property within two months. Instead of selling the property to the plaintiff defendant 1 sold it to some other persons with whom also he appears to have entered into a contract of sale of this very property. The suit, out of which this appeal arises, has been brought by the landlord plaintiff for specific performance and his contention is that the respondents had knowledge of the contract of sale in his favour when they executed the sale-deed. The suit was...


Apr 03 1950

Mt. Wahidan Vs. Rex

Court: Allahabad

Decided on: Apr-03-1950

Reported in: AIR1950All482

Harish Chandra, J.1. According to the finding of the Court below the offences Under Section 494 and Section 494 read with Section 109, Penal Code, of which the applicants have been convicted were committed in Hardoi district although the trial took place in the Count of a Magistrate at Shahjahanpur. At the time that the trial took place Shahjahanpur was under the jurisdiction of the High Court at Allahabad while Hardoi was within the jurisdiction of the Chief Court of Oudh, The learned Sessions Judge held that in view of Section 531, Criminal P. C., the applicants not having been prejudiced by the trial having taken place in a wrong district their convictions and the sentences passed upon them ought not to be set aside on that ground. The contention of learned counsel for the applicants is that Section 531, Criminal P. C., does not apply to a case in which the trial took place in a Court which had no territorial jurisdiction at all for the reason that the offence was committed outside ...


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