Allahabad Court September 1951 Judgments
Munshi Singh Vs. State
Court: Allahabad
Decided on: Sep-29-1951
Reported in: AIR1952All39
ORDERRaghubar Dayal, J.1. This is an application in revision by Munshi Singh against the order of the Adritional Sessions Judge, Etawah in the following circumstances. 2. Munshi Singh was an accused in a case under Section 396, Penal Code. He applied for bail and the learned Additional Sessions Judge ordered on27th July 1951 that he be admitted to bail till further orders of the Court. After considering the merits of the application the learned Judge had expressed himself thus : 'I am not prepared to say that his case stands on the same footing as the case of Prag Singh or any other dacoita who actually took part in this dacoity. Prima facie he is entitled to bail' 3. Subsequently an application for the cancellation of bail was presented to the learned Sessions Judge. In support of this application was an affidavit of Rameshwar Dayal who is said to be a nephew of one of the injured persons Raghubar Dayal. The learned Sessions Judge came to the conclusion that he had not noticed a refer...
Tag this Judgment!Rai Ram Kishore and ors. Vs. Ram Prasad Mishir
Court: Allahabad
Decided on: Sep-28-1951
Reported in: AIR1952All245
V. Bhargava, J.1. This is a plaintiff's second appeal arising out of a suit brought for the recovery of money on the basis of four promissory notes executed by the defendant-respondent. The facts admitted or found proved by the lower Courts are that the plaintiff Rai Ram Kishore formed a joint Hindu family with his brothers, Rai Amar Nath and Rai Ram Charan. There was a joint family firm under the name and style of 'Piru Mal Radha Rawan' through which this joint family used to carry on money lending business. The respondent used to borrow money from this joint family firm. The present suite relates to four promissory notes executed by the respondent in the name of Rai Amar Nath as payee in the years 1935 and 1936. The first, promissory note was executed on 2-2-1935, for a sums of Rs. 541, the second on 25-2-1935 for Rs. 175 and the third and the fourth on 8-2-1936, for Rs. 2920 and Rs. 330 respectively. All these promissory notes were renewals of previous loans which has been taken by ...
Tag this Judgment!Molkhan Vs. State
Court: Allahabad
Decided on: Sep-28-1951
Reported in: AIR1953All259
ORDERAgarwala, J. 1. One Asa Ram of village Taharpur Bhabisa in police circle Kandhla approached the District Magistrate with an allegation that the applicant and other persons threatened to take forcible possession over his Khudkasht lands by disturbance of peace and prayed that the applicant and other persons may be bound down under a. 107, Criminal P. C.2. The District Magistrate sent for a report from the Tahsildar who, after holding an enquiry made a report supporting the case of the complainant. The District Magistrate then ordered the Station Officer, Kandhla, to take necessary steps against the applicant and other persons under Section 107, Criminal P. C. The police submitted a report to the Sub-Divisional Officer who started proceedings under Section 107 against the applicant. The learned Magistrate being satisfied about the danger of peace issued a preliminary order and notice under Section 112. He also took action under Section 117, Criminal P. C., because in his opinion the...
Tag this Judgment!Ram Charan Vs. State
Court: Allahabad
Decided on: Sep-28-1951
Reported in: AIR1953All375
ORDERAgarwala, J.1. A complaint was made against Ram Charan applicant under Section 325/149, I. P. C., before a Magistrate of Bareilly. Several other cases seem to have been filed against the applicant in other Courts. One of them was under Section 107 in the Court of the City Magistrate of Bareilly. While the case was pending against the applicant in the Court of Sri S. M. Tyagi, Magistrate, Sri T. R. Barker, the City Magistrate, passed an order as follows:'There are several cases pending in other Courts. These 'Courts will he requested to consider taking an action under Section 106. These proceedings will be taken up after those cases have been decided, Bonds under Section 117 (3) will continue.'This order was communicated to Sri Tyagi on 9-6-1950. Sri Tyagi recorded the evidence of the parties and convicted the applicant under Section 326, I. P. C., and sentenced him to one year's Rule 1. He also passed an order under Section 106, Cr. P. C., directing the applicant to execute a pers...
Tag this Judgment!Bahadur Singh and anr. Vs. Ram Prasad
Court: Allahabad
Decided on: Sep-28-1951
Reported in: AIR1953All611
P.L. Bhargava J. 1. This is a judgment-debtors' appeal. The facts and circumstances which have given rise to this appeal are these: The appellants, Bahadur Singh and his son Durag Singh, were indebted to different persons and their ancestral zamindari property, for which they paid less than Rs. 250/- as land revenue, was burdened with three mortgages, -- one in favour of Gopal, the other in favour of Chunni and the third in favour of Ram Prasad, who is respondent in this appeal. The appellants also owed some money to Ganga Sahai, who obtained a simple money decree in respect thereof. In execution of that decree, the property mortgaged under the three mortgages aforesaid was attached and sold. It was purchased by Durag Singh appellant and the three mortgages were notified at the time of the sale. After the execution sale just mentioned, Gopal and Chunni also obtained decrees on the basis of their respective mortgages, and in execution of their decrees, self-liquidating mortgages were ex...
Tag this Judgment!Lakshmi NaraIn Vs. Ram Babu and anr.
Court: Allahabad
Decided on: Sep-27-1951
Reported in: AIR1953All9
P.L. Bhargava, J.1. This is an appeal by Lakshmi Narain, who had instituted a suit in the Court of the Civil Judge of Agra, praying that an award made by the arbitrators, in pursuance of a reference made to them by him and others, be directed to be filed in, and be made a rule of the Court. The facts and circumstances which have given rise to this appeal are these:2. Ram Babu, a minor through his father Kishen Lal as next friend, instituted suit no. 297 of 1942, in the Court of the Munsif of Agra, against Lakshmi Narain the appellant, for recovery of possession over a piece of land and for demolition of certain structures built thereon by the defendant, namely, Lakshmi Narain. The suit was contested and was eventually dismissed on 31-8-1943. Against the decision of the Munsif, Ram Babu preferred an appeal no. 292 of 1943 in the Court of the District Judge of Agra. The appeal was transferred for disposal to the Civil Judge of Agra and it is still pending there.3. Apart from the dispute ...
Tag this Judgment!Sri Kishan Vs. Jagannathji and ors.
Court: Allahabad
Decided on: Sep-27-1951
Reported in: AIR1953All289
P.L. Bhargava, J. 1. This appeal arises out of a suit instituted by Sri Jagannathji, installed in a temple situate in Jagannathji ki gali in old Generalganj in the city of Kanpur, and Raghunath Das (the plaintiffs-respondents) against Sri Kishen (the defendant-appellant) to obtain the following reliefs : (1) by enforcement of the right of manage, ment which vesta in Raghunath Das (plaintiff 2), Sri Kishen (defendant) be removed from the management of property specified in the plaint, which has been made 'waqf' of, and Raghunath Das be awarded possession over the said property as its 'mutwalli' and manager; and (2) an order may be made requiring the defendant to render accounts of the income from the 'waqf' property upto the date of possession by Raghunath Das and a decree for the amount already realised, be passed in favour of Raghunath Das as against the defendant. 2. The temple was admittedly constructed by one Brij Lal, whose relationship with the contending parties will appear from...
Tag this Judgment!Pahla Vs. Makhdoom
Court: Allahabad
Decided on: Sep-26-1951
Reported in: AIR1952All28
ORDERN.U. Beg, J.1. The facts out of which this revision arises lie within a short compass. On 6-3-1950, a complaint was lodged by one Makhdoom against Pahla accused for an offence under Section 379, Penal Code. This complaint was sent to the pancbayat for disposal. On 11-5-1950, the accused gave an application for transfer of the case and cancellation of the jurisdiction of the panchayat under Section 85 (1), U.P. Panchayat Raj Act (XXVI [26] of 1947). This application was granted by the Sub-Divisional Magistrate and the case was ordered to be transferred to the Court of Mr. S.L. Shukla, a local Magistrate, for trial. In spite of this order the panchayat proceeded to try the accused and on 21-5-1950, passed an order convicting him under Section 379, Penal Code, and sentencing him to pay a fine of Rs. 70 and directing that out of the said fine Rs. 40 should be paid to Makhdoom as compensation in respect of the ornament stolen by the accused. According to the case of the accused, he had...
Tag this Judgment!Lalta Prasad Saxena Vs. State
Court: Allahabad
Decided on: Sep-26-1951
Reported in: AIR1952All70
Raghubar Dayal, J.1. This is an application by Lalta Prasad Saxena under Sections 526 and 561-A, Criminal P. C., for either transferring a criminal case against him under Section 161, Penal Code, from the Court of Sri G. S. Miara, Magistrate 1st class, Uttar Pradesh to the Court of some other Magis-trate in the district of Farrakhabad or to direct Sri G. S. Misra to hold his Court in the district of Farrukhabad.2. The affidavit accompanying the application shows that the applicant was employed as booking clerk in charge at Pakhna railway station in the district of Farrukhabad, that he was alleged to have committed an offence under Section 161, Penal Code on 6-7-1950, and that the police of the Special Police Establishment Branch, Lucknow, investigated the offence and submitted a charge-sheet against the applicant on 6-4-1951, in the Court of Sri G. S. Misra. It is alleged in the affidavit that the notification dated 21-1-1950, conferring powers on Sri G. S. Misra of a Magistrate of the...
Tag this Judgment!Shiam Lal Vs. Rex
Court: Allahabad
Decided on: Sep-26-1951
Reported in: AIR1953All131
Malik, C.J. 1. The appellants have been convicted under Section 395, I.P.C., and sentenced to seven years' rigorous imprisonment. A dacoity was committed on the night between the 11th and 12th February 1949, at the house of Zahari. A report of the incident was lodged at the Police Station, Zafrinagar at 9'clock in the morning of 12th February 1949. The report was made by Zahari through Prasadi Chaukidar of the village. In the report it was mentioned that there were fifteen or sixteen dacoits who were armed with guns, spears, lances and lathis etc. A list of the property that was looted, the valuation of which came to about Rs. 2,000/-, was given to the police. Investigation was started and some days after the occurrence the appellants were arrested and were committed to stand their trial in the court of session under Section 395, I.P.C. 2. After the conviction by the learned Sessions Judge the appellants have come up to this Court in appeal and it is urged on their behalf that on the e...
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