Allahabad Court July 1951 Judgments
Daryao Singh Vs. State
Court: Allahabad
Decided on: Jul-31-1951
Reported in: AIR1952All59
Bind Basni Prasad, J.1. This judgment will govern criminal Appeals Nos. 448 of 1950 and 233 of 1951. They arise out of the same occurrence. The judgments are two, because one of the accused was absconding and he was tried subsequently when he was arrested.2. This is a case of a highway robbery and murder. On 16-3-1949, at about 5 P. M. one Karan Singh was returning on his mare from a fair held in the village of Charthawal in the district of Muzaffarnagar. Behind him were two persons riding on a horse, one of whom is alleged to be a Sikh and the other a person of this Province. One Kamal Uddin who is an employee in a grove of Chaudhri Misri Lal in the jungle of Charthawal was also returning from the fair. The mare and the horse passed by him and after going a short distance he noticed that one of the two parsons riding on the horse, namely the person belonging to this Province, got down and when Karan Singh passed by him he caught hold of the reins and dragged him down. The Sikh who, wa...
Tag this Judgment!Jaswant and ors. Vs. State
Court: Allahabad
Decided on: Jul-31-1951
Reported in: AIR1951All828
ORDERDesai, J.1. In proceedings under Section 145, Criminal P. C., between Niranjan Singh on one side and the applicants and others on the other side, it was held by the Court under Section 145 (6) that Niranjan Singh was in possession and the Court passed an order prohibiting the applicants and their companions from interfering with his possession. Inspite of this order, the applicants forcibly took possession of the land. The order was passed by a Sub-divisional Magistrate. When the applicants took forcible possession of the land Niranjan Singh protested, but he was threatened and his witnesses induced him to leave the spot. Niranjan Singh then approached the Additional District Magistrate and asked him to make a complaint against the applicants under Sections 188 and 447, Penal Code. The Additional District Magistrate filed a complaint against the applicants under those sections and they were prosecuted and have been convicted under Section 188, Penal Code. They now come up in revis...
Tag this Judgment!Bhagwan Dat and ors. Vs. Jokhan and ors.
Court: Allahabad
Decided on: Jul-30-1951
Reported in: AIR1952All84
Misra, J.1. This is a reference by the Munsif, North, Sultanpur, under Section 289, U. P. Tenancy Act. The proceedings before the learned Munsif arose out of an application for redemption of a mortgage made under Section 12, Agriculturists' Relief Act to the Sub-Divisional Officer, Kadipur. The parties were at issue 'inter alia' on two questions:1. Whether the mortgagors are under proprietors of the land in suit. 2. Are the opposite-parties Nos. 1, 2 and 7 estopped from denying the applicants' title as under-proprietors. The pleas which formed the basis of the aforesaid issues related to proprietary rights in the properties covered by the mortgage and the Sub-Divisional Officer purporting apparently to act under Section 286, U. P. Tenancy Act, submitted the record to the Court of the learned Munsif for determination of the controversy. In the statement of reasons which necessitated the reference to the High Court, it is said that Section 286, Tenancy Act did not apply to proceedings fo...
Tag this Judgment!Rex Vs. Moti
Court: Allahabad
Decided on: Jul-30-1951
Reported in: AIR1953All792
Malik, C.J.1. A dacoity was committed at the house of one Lakkhan Singh on the night between 15th and 16th of October, 1947, in village Kukargaon, district Mathura. A report of the dacoity was made at the police station, which is at a distance of two miles from the place of occurrence, at 2-30 A.M. on the early morning of 16-10-1947. It was mentioned in the first information report that fifteen or twenty dacoits had raided the house of Lakkha Singh, Mukhia, they had fired guns and after successfully committing the dacoity they had left the village. A list of properties that were removed by the dacoits was furnished to Sheodan Singh, Sub-Inspector, on 16-10-1947, when he went to make the investigation and when he prepared the site plan Ex. P30. Eight persons were sent up to stand their trial in the court of session under Sections 395/397 of the Penal Code. Maharaj Singh, accused, was in addition prosecuted under Section 412 of the Penal Code. By an order dated 7-6-1949, the learned Sess...
Tag this Judgment!Tiny and ors. Vs. State
Court: Allahabad
Decided on: Jul-27-1951
Reported in: AIR1952All92
Brij Mohan Lall, J. 1. This is an application in revision by twenty-four persons who have been convicted by a learned Magistrate, first class, of Azamgarh of offences punishable under Sections 147 and 323/149 I.P.C. Every one of them has been sentenced to pay a fine of Rs. 30/- under the former section and a further fine of Rs. 20/- under the latter section. 2. The applicants filed a revision in the Court of the learned Sessions Judge of Azamgarh. But that revision was summarily dismissed. They have now come up to this Court in revision. 3. The charge which the trial Court found proved against the applicants is that they formed an unlawful assembly on the 31st of January 1950 in the evening in village Muzaffarpur, police station Kandharpur in the district of Azamgarh, of which the common object was to give a beating to Ali Ahmad and his companions and that in prosecution of the said common object they committed rioting and caused hurt to Ali Ahmad and five other persons. The trial Cour...
Tag this Judgment!Narsingh Padam Saran Shah Vs. Mt. Suraj Kishore Devi
Court: Allahabad
Decided on: Jul-27-1951
Reported in: AIR1951All826
ORDERMisra, J.1. This is a criminal reference by the learned Civil and Sessions Judge, Partabgarh, in a revision filed before him by Raja Narsing Padam Saran Shah of Bijaigarh estate against an order of the Sub-Divisional Magistrate, Patti, District Partabgarh passed under Section 145, Cr. P. C. The learned Judge recommends that the order attaching the moveable properties in dispute be reversed.2. The properties in dispute in the proceedings under Section 145, Cr P. C. include moveable properties in the shape of cash, jewellery and other articles and live stock and immoveable properties such as a house in Amargarh and villages in the districts of Partabgarh and Panaras. They belonged to Rani Indarpal Kunwar who died on 11-2-1950, at Amargarh. Whether or not the properties constitute the Rani's stridhan, it is not possible to say at this stage.3. Dewan Rameshwar Prasad Singh, taluqdar of Amargarh who was the first party is the proceedings under Section 145, Cr. P.C. has since died and i...
Tag this Judgment!Municipal Board Vs. Manohar Lal
Court: Allahabad
Decided on: Jul-27-1951
Reported in: AIR1951All867
P.L. Bhargava, J.1. The following question has been referred to the Full Bench for opinion :'Whether Section 293, U. P. Municipalities Act, authorises a Municipal Board to change a fee in respect of projections which existed prior to the enactment of the bye-law imposing such a fee.' 2. The facts and circumstances leading to the reference are these: The city of Kanauj has been declared to be a municipality under Section 3, U. P. Municipalities Act, 1916. In the year 1938 the Municipal Board of Kanauj made a bye law under Section 298 (E) (b), Municipalities Act described as the 'Projection Bye-laws' levying an annual fee on the projections within the limits of the municipality. The bye-law was duly sanctioned by the sanctioning authority and it was notified in the United Provinces Gazette. Subsequently by means of another notification in the Gazette the bye-laws were made applicable to the 'existing projections within municipal limits,' Manohar Lal, the plaintiff-respondent, resides and...
Tag this Judgment!In Re: Bhola Nath Srivastava
Court: Allahabad
Decided on: Jul-27-1951
Reported in: AIR1952All417
Sapru, J. 1. This is an application by one Shri Bhola Nath Srivastava, B.Sc., LL.B., for admission to the Roll of Advocates of this Court. In his application he states that after parsing the LL. B. Examination from the Allahabad University in 1940 and after undergoing training for one year under the late Shri Durga Charan Singh, who was a well-known advocate of this Court, he got himself enrolled as a lawyer in the Chief Court of the Banaras State and that he had been practising in the Courts of that State, including its Chief Court, till its merger in 1950. Mr. Harnandan Prasad who appears for the Bar Council has raised an objection on behalf of that body that the applicant is not qualified for admission to the Roll of Advocates of this Court, inasmuch as he was 'not an advocate of any High Court such as is contemplated by proviso 2 to Rule 1 of the Rules framed under Section 9 of the Act. There is force in Mr. Harnandan Prasad's contention. We cannot look upon the Banaras Chief Court...
Tag this Judgment!Bhagwan and ors. Vs. the State of Uttar Pradesh
Court: Allahabad
Decided on: Jul-27-1951
Reported in: AIR1953All358
ORDERBind Basni Prasad, J. 1. This is a petition in revision arising out of a case in which the applicants wore convicted under Section 323/34, I. P. C., and sentenced to one year's rigorous imprisonment.2. The cattle of the applicants were grazing the crop in the complainant's field and he was taking them to the cattle-pound when the applicants attacked the complainant and inflicted on his person a number of injuries. One of them was of a serious nature being an injury on the head, the rest were simple. The learned Magistrate convicted them of the offence under Section 323/34, I. P. C., and sentenced them to one year's rigorous imprisonment each. In appeal the learnedSessions Judge altered the conviction to one underSection 323/34, but maintained the sentence.3. The finding of fact is clear and categorical that the injuries were caused to Sri Ram by the applicants. There is no good reason to interfere with that finding.4. Learned counsel has, however, pressed for the reduction of the ...
Tag this Judgment!Mt. Ahmadi Begum Vs. the District Magistrate
Court: Allahabad
Decided on: Jul-25-1951
Reported in: AIR1951All830
Agarwala, J.1. The District Magistrate of Agra requisitioned a house, under Section 3, U. P. (Temporary) Accommodation Requisition Act, 1947, situated within the limits of the Agra Cantonment for the purposes of allotting it to one Moti Ram Mahgha Ram Sahni. Shrimati Ahmadi Begam, who appears to be the owner of the house was in occupation of the house. She refused to vacate the house as directed by the District Magistrate. The District Magistrate, under the provisions of Section 11 of the said Act, applied to the Munsif of Agra for aid in getting the house vacated and in executing his order. Shrimati Ahmadi Begam and her son, Riyaz Uddin, filed an objection before the learned Munsif alleging that they were not liable to be ejected from the house in dispute. The learned Munsif, however, rejected their objection and passed an order on 8th November 1948, directing that the objectors be ejected from the house. The objectors preferred an appeal to the District Judge of Agra. The learned Dis...
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