Allahabad Court September 1951 Judgments
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Shabbir HusaIn Vs. the State of U.P. and anr.
Court: Allahabad
Decided on: Sep-26-1951
Reported in: AIR1952All257
Raghubar Dayal, J. 1. This is an application under Section 491, Cr. P.C. and Article 226 of the Constitution praying for a writ in the nature of habeas corpus to be issued against the State of Uttar Pradesh and the Superintendent, District Jail, Bijnor, ordering them to produce the applicant before the Court and release him from wrongful custody in which he is detained and for a writ in the nature of Mandamus against the State of Uttar Pradesh directing it to set aside its order for the removal of the applicant from India.2. The affidavit filed along with the application states that the applicant is a resident of village Kalyanpur, police station Nagina, district Bijnor in the state of Utsar Pradesh from his birth, that he went to Lahore in 1948 in connection with his business, that permit rules happened to be introduced during bis stay there and that when he wanted a permit for permanent return to India the authorities just issued a temporary permit which was valid upto 1-1-1949. The ...
Ejaz Ahmad Vs. Kunwar Maheshwar Bakhsh Singh and anr.
Court: Allahabad
Decided on: Sep-26-1951
Reported in: AIR1953All257
Beg, J. 1. This is a reference by the learned Sessions Judge of Hardoi recommending that an order dated 21st March 1950, passed by Sri Huzur Uddin Ahmad, Magistrate, Eirst Class, Hardoi, discharging the accused in a case launched against him under Section 188, Penal Code, be set aside.2. The facts necessary for the appreciation of the point involved in this case may be briefly stated as follows :3. In 1933 Kunwar Maheshwar Bakhsh Singh sold certain zamindari to Sri Krishna Das. After that sale, Maheshwar Bakhsh Singh got ex-proprietary rights in plots NOS. 689, 764, 1568, 870 and 763 situate in village Samodha. In execution of some decree for arrears of rent the vendee Sri Krishna Das was delivered possession over these plots and Kunwar Maheshwar Bakhsh Singh was dispossessed from them. On 5th February 1947, one Ejaz Ahmad, an agent of Sri Krishna Das filed a complaint under Section 145, Criminal P. C., against Kunwar Maheshwar Bakhsh Singh, Chhedi and 16 others. On 6th March 1945, the...
Mt. Sughra and ors. Vs. Babu
Court: Allahabad
Decided on: Sep-26-1951
Reported in: AIR1952All506
Agarwala, J.1. This is a second appeal arising out of a suit for dissolution of partnership and rendition of accounts. Abdul Shakoor, father of the plaintiffs, and Wali Mohammad, father of the defendant, used to carry on the business of commission agency as partners under the name and style of Abdul Shakoor Wali Mohammad. They used to charge commission on the sale of goats. The share of each partner was half and half. Abdul Shakoor died in 1938 and, after his death, Wali Mohammad carried on the partnership business in partnership with the major plaintiffs while the minor plaintiffs were admitted to the benefits of the partnership. The share of Wali Mohammad and the plaintiffs was also half and half. Wali Mohammad died in 1940 and his place was taken by his son, Babu, defendant-respondent, in the partnership whose business was carried on as before. The plaintiffs' case was that the partnership account books remained in possession of Wali Mohammad and after his death in the possession of...
Siddiq Ahmad and anr. Vs. Wilayat Ahmad and ors.
Court: Allahabad
Decided on: Sep-25-1951
Reported in: AIR1952All1
Malik, C.J. 1. One Hakim Ali was the ownerof two annas eight pies share out of sixteen annas in village Kasmandi Kalan, Pargana and Tehsil Malihabad, in the district of Lucknow. He had four sons Wajid Ali, Faqir Mohammad, Nazar Mohammad and Saiyid Ahmad. Wajid Ali died in his father's lifetime. He left a son Wahid Ali, alias Kallan. Under the Mahomedan Law Wahid Ali, his father having predeceased Hakim Ali, was not an heir of Hakim Ali. Hakim Ali on 17th May 1903, executed a will in favour of his three surviving sons Faqir Mohammad, Nazar Mohammad and Saiyid Ahmad and his grandson, Wahid Ali. It is the interpretation of this will with which we are mainly concerned. 2. Hakim Ali died on 18th September 1909. His three sons and his grandson Wahid Ali alias Kalian survived him. The property, that is, the two annas and eight pies share, was mutated in the name of his three sons and his grandson Wahid Ali on the basis of inheritance. On 11th April 1928, Wahid Ali gifted his entire share whic...
Birey Singh Vs. State
Court: Allahabad
Decided on: Sep-25-1951
Reported in: AIR1953All785
Desai, J. 1. This appeal and the connected matters have come 'to me for my opinion on a difference between my brethren Agarwala and Gurtu. The appeal is by Birey Singh alias Birey from his conviction under Section 396, I. P. C. resulting in a sentence of death. There is also the reference by the sessions Judge for confirmation of the death sentence. The connected Government appeal is from acquittal by the learned Sessions Judge of Birey Singh of thirteen other charges which were framed against him in addition to the charge under Section 396, I. P. C.2. It is proved beyond any doubt, and is not disputed, that a very serious dacoity was committed on 22-7-1946, at about 11 p.m. in the house, of Mashal Singh in village Samachipur by about, twelve dacoits led by Girand Singh. The dacoits killed six persons including Mashal Singh and his wife and wounded others by shooting at them' or striking them with lathis. Among the injured was Mahtab Singh, resident of village Jijota, son-in-law of Mas...
State Through the Sessions Judge Vs. C.M.L. Bhatnagar, City Magistrate
Court: Allahabad
Decided on: Sep-24-1951
Reported in: AIR1952All56
Raghubar Dayal, J.1. Sri C. M. L. Bhatnagar, Additional District Magistrate, Jhansi, has been called upon, on a report by the Sessions Judge of Farrukhabad, to show cause why he should not be dealt with for having committed contempt of the Court of Session, Farrukhabad, when he was City Magistrate at Farrukhabad.2. The facts leading to the taking of this action are that Sri Bhatnagar demanded security from Sobaran Singh, against whom a case under Section 19 (f), Arms Act, was under investigation, and also in another case from Lal Mohammad and others, who were prosecuted under Section 13, Gambling Act. The offences against the accused in both the casts were bailable, and Sri Bhatnagar ordered them to furnish bail. He, however, got reports from the Tahsil about the adequacy of the sureties and, even on receipt of a report in Sobaran's case that the sureties had sufficient means, required further reports. The accused in both the oases approached the Sessions Judge, Farrukbabad, In the cas...
Nahar Singh Vs. the State
Court: Allahabad
Decided on: Sep-24-1951
Reported in: AIR1952All231
Desai, J.1. This is an application in revision against an order of the Additional Sessions Judge of Agra cancelling a charge framed against the applicant under Section 304A, Penal Code, by a Magistrate and directing him to be committed to the Court of Session to stand trial on the charge of Section 304, Penal Code. The learned Sessions Judge claims to have exercised the powers conferred by Section 437, Criminal P. C., and the question that we have to decide is whether those powers could have been exercised by him in the circumstances of the case In obedience to the learned Judge's order, the learned Magistrate has framed a charge under Section 304, Penal Code, and committed the applicant to the Court of Session. No prayer has been made by the applicant for the quashing of the commitment. It does not matter, however, inasmuch as if the order under revision is set aside, the consequential order can be passed by us quashing the commitment.2. The applicant was prosecuted by the police unde...
Mukhram and anr. Vs. State Through Sumra
Court: Allahabad
Decided on: Sep-24-1951
Reported in: AIR1953All618
ORDERAgarwala, J.1. This is a reference arising out of the proceedings under Section 145, Criminal P. C. Sumra complainant made an application under Section 145, Criminal P. C. alleging that he had cultivated the plot and grown sugarcane therein; that Mukhram and others (who will be called applicants hereafter) had forcibly cut away the crop and removed it in carts to sugar mill; that there was a danger of a breach of the peace and that the sugarcane be attached and made over to him. A copy of the application was sent to the Station Officer of the Police station concerned who reported that there was an apprehension of a breach of the peace. On receipt of this report the learned Magistrate ordered the police to attach the property and put it to auction and deposit the money recovered in auction in Court. At the same time he ordered notices to be issued to both the parties to produce evidence in proof of their respective possession on 19-12-1949. The order passed by the learned Magistrat...
Samresh Singh Vs. the State
Court: Allahabad
Decided on: Sep-24-1951
Reported in: AIR1953All781
ORDERBeg, J. 1.This is a revision on behalf of one Samresh Singh, who has been convicted under Section 408, Penal Code, by the learned Additional Sessions Judge of Bahraich and sentenced to three months' rigorous imprisonment and a fine of Rs. 200/-, in default two months' rigorous imprisonment. This case has had a chequered career. The accused, along with his father, Kumar Singh, was prosecuted under Section 408, Indian Penal Code. The accused was charged with having embezzled Rs. 1,864/2/9 in his capacity as an agent of Chandra Bir Singh. This amount is alleged to have been embezzled between 20-3-1949 and 10-8-1949. The father of the accused Kumar Singh was also alleged to have embezzled a sum of Rs. 1,500/- and he was also charged, along with the accused in this case, for having committed a breach of trust in respect of that amount and the accused was charged with having abetted his father in the commission of the said offence.2. The learned trial Court acquitted the accused's fathe...
Mukand Ram Vs. State
Court: Allahabad
Decided on: Sep-21-1951
Reported in: AIR1952All26
ORDERAgarwala, J.1. This is a reference by the Sessions Judge of Dehra Dun. Bal Krishna complainant alleged that his father had dedicated a bull to Lord Shiva after religious ceremonies on 13-4-1948 and that the bull became public property according to ancient usage. The bull was sent to the cattle pound on 16-8-1949 and as no one got it released within 15 days it was sold at auction on 30-8-1949 and purchased by Mukand Ram applicant for Rs. 76. After the purchase Mukand Ram used the bull for ploughing his fields. Bal Krishna, therefore, filed the complaint, which has given rise to this reference, charging the applicant with having committed an offence under Section 295 (injuring or defining place of worship with intent to insult the religion of any class), Section 295A (deliberate and malicious acts intended to outrage the religious feelings of any class by insulting its religion or religious beliefs) and Section 403 (dishonest misappropriation of property) of the Indian Penal Code. A...
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