Allahabad Court February 1952 Judgments
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Shankar Singh Vs. State
Court: Allahabad
Decided on: Feb-18-1952
Reported in: AIR1952All833
Beg, J.1. This is a reference by the learned Sessions Judge, Hardoi, recommending that the conviction and sentence of Shankar Singh by Sri E.N. Asthana, Judicial Magistrate, under Section 323, Penal Code be set aside.2. It appears that Shankar Singh, the applicant/accused before the lower Court, and 12 others, were prosecuted under Sections 147 and 308, Penal Code. The case was tried by Sri E.N. Asthana, Judicial Magistrate, Hardoi, who framed a charge against all the accused under Sections 147 and 323, Penal Code. The trial of the case proceeded before the learned Magistrate up to its termination. At the time of writing the judgment the trial Court came to the conclusion that none of the accused were guilty of the offence under Section 147, Penal Code. He accordingly acquitted all of them of the said charge. He was also of opinion that none of them, except Shankar Singh were guilty of the offence under Section 328, Penal Code. The trial Court, therefore, acquitted all the accused, exc...
G.B. Mathur and ors. Vs. State
Court: Allahabad
Decided on: Feb-18-1952
Reported in: AIR1952All835
Raghubar Dayal, J.1. The applicants, G.B. Mathur and G.C. Mathur, manager and gatekeeper respectively of the Novelty Talkies, Saharanpur, were convicted of an offence under Section 5 Sub-section (3), Entertainments and Betting Tax Act (Act VIII [8] of 1937) as amended by the U. P. Entertainment and Betting Tax (Amendment) Act, XXXI [81] of 1948, for having admitted to the Novelty Talkies, a place of entertainment, three persons without payment of the tax leviable under Section 3 of the Act and to pay which they were liable. Section 5 is:'(1) No person liable to pay entertainment tax shall enter or obtain admission to any entertainment without payment of the tax leviable under Section 3. (2) Any person who enters or obtains admission to an entertainment in contravention of the provisions of Sub-section (1) shall, on conviction before a Magistrate be liable to pay a fine not exceeding two hundred rupees and shall in addition be liable to pay the tax which would have been paid by him. (3)...
Mohammad Shafi Vs. State
Court: Allahabad
Decided on: Feb-18-1952
Reported in: AIR1952All921
Agarwala, J. 1. This is an application in revision by Mohammad Shafi who has been convicted under Section 4, read with Section 3 of Ordinance 17 (xvn) of 1948--Influx from West Pakistan (Control) Ordinance, 1948. 2. Mohammad Shafi who alleges himself to be a resident of Kandala in the district of Muzaffar-nagar seems to have gone to West Pakistan and while there he intended to come back to India He was granted a temporary permit on 2-8-1948. The permit described the duration of the visit as one month and was to commence from 2-8-1948. The date of expiry of the permit was not noted. It may be assumed for the purpose of this case that the permit was to expire on 2-9-1948. After having come to India he overstayed beyond 2-9-1948 and did not go back to Pakistan. He was arrested by the police on 1-10-1948, prosecuted under Section 4 of Ordinance XVII [17] of 1948, and convicted by the Magistrate and sentenced to six months' rigorous imprisonment. The conviction was affirmed in appeal by the...
A.W. Lazarus Vs. the State
Court: Allahabad
Decided on: Feb-14-1952
Reported in: AIR1953All72
Misra, J.1. The accused-appellant, A. W. Lazarus, has been convicted by the learned Sessions Judge of Hardoi under Section 304A, Penal Code, for rash and negligent driving. He has been sentenced to four months' rigorous imprisonment. The incident in connection with which the appellant was tried took place on 15-1-1950, at 8.2 A. M. in the Railway yard of Hardoi station. Lazarus was driver of a fast goods train No. 216 down coming from Saharanpur towards Balamau.2. The facts established by the prosecution, and not disputed on behalf of the accused, are that the aforesaid down goods train was not scheduled to stop at Hardoi station but it was to run through to Balamau, that shortly before its arrival at Hardoi another train running in the same direction had arrived on platform No. 3 at 7.30 A. m., that it was due to leave at 7,51 but due to some trouble in one of the component wagons its departure was delayed till 7.56, and that while the 84 down parcel train was still at Hardoi, the Kau...
Chief Inspector of Factories Vs. V.K. Modi
Court: Allahabad
Decided on: Feb-14-1952
Reported in: AIR1952All804
ORDERDesai, J. 1. This is an application by the Chief Inspector of Factories for revision of an order passed by the District Judge in a case under the Payment of Wages Act. In this case it is conceded that the wages of employees were to be paid by the opposite party before the 10th of the month. Actually they were paid after the 10th of the month but before an application was made by theChief Inspector under Section 15, Payment of Wages Act. Consequently on the application of the Chief Inspector under Section 15 the Magistrate ordered compensation to be paid by the opposite party and the amount ordered exceeded Rs. 300. The opposite party went up in appeal and the learned District Judge held that the Magistrate had no jurisdiction to order compensation when the amount of the wages had already been paid before the application was made. He set aside the order of the Magistrate.2. The view taken by the learned District Judge that when the wages had been paid before the Chief Inspector mad...
Lal Bachan Singh Vs. Suraj Bali Singh
Court: Allahabad
Decided on: Feb-14-1952
Reported in: AIR1952All924
ORDER1. This is a reference under Section 438, Criminal P. C., by the learned Sessions Judge of Gorakhpur recommending that a case pending at present in the Court of Mr. Harihar Prasad,Magistrate, First Class, of Deoria be transferred to the Panchayati Adalat and that the Magistrate's order dated 21-4-1950 refusing to transfer the case to the Panchayati Adalat be quashed.2. It appears that a complaint was filed by one Suraj Bali Singh against one Lal Bachan Singh under Sections 307 and 323, Penal Code, in the Court of the aforesaid Magistrate. As the offence under Section 307, Penal Code, was not cognizable by the Panchayati Adalat, there was no illegality in filing the complaint in the Magistrate's Court. After recording the evidence the learned Magistrate framed a charge under Section 323, Penal Code only. It was then brought to his notice by the accused that since he had framed a charge under Section 323, Penal Code only and since the said offence was by reason of Section 52, U. P. ...
Raman Das Vs. the State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Feb-13-1952
Reported in: AIR1952All703
Malik, C.J. 1. This is an application under Article 226 of the Constitution by one Raman Das. His father, Tribhuan Pas, had built a house in Mathura in the year 1942. Tribhuan Das did not occupy the house that he built in 1942 and let it out to tenants. Tribhuan Das died in August, 1948, and in the affidavit in support of the application it is mentioned that the applicant is his only son. The applicant was a student in Banaras studying Ayurvedic system of medicine. He was married in Mathura in the year 1949. Gaudia Mission was a tenant in a portion of the house. The mission decided in March, 1950, to vacate the premises in their occupation and a number of applicants appeared who claimed that the house be allotted to them. One of them was the applicant who made an application to the authorities concerned for the allotment of the house in his favour on the ground that he was married and wanted to start his practice in Mathura and he had no other suitable accommodation available to him. T...
Sher Bahadur Singh Vs. Mahabir Singh and ors.
Court: Allahabad
Decided on: Feb-08-1952
Reported in: AIR1952All919
Beg, J.1. These are two miscellaneous appeals by the defendants against two orders of remand passed by the learned Civil Judge of Bara Banki setting aside the judgments and decrees of the Munsif of Bara Banki in two cases and directing him to try the cases in the light of the instructions given by him. 2. These appeals purport to have been filed under Order 43, Rule 1 (u), Civil P. C. Before the hearing of the appeals, a preliminary objection regarding the maintainability of the appeals was taken by the learned counsel for the respondents. In order to determine this objection a few preliminary facts might be stated. 3. The two suits out of which these appeals have arisen were filed by the same plaintiffs against the same defendants for possession of different tenancy plots situate in village Kanwan Danda, District Bara Banki, and for damagesagainst the defendants who were alleged to be in unlawful possession of the same. The plaintiff's suits were based on the allegation that they were...
Mt. Bittan Bibi and anr. Vs. Kuntu Lal and anr.
Court: Allahabad
Decided on: Feb-08-1952
Reported in: AIR1952All996
Raghubar Dayal J.1. The facts of the case are fully narrated in the judgment of my brother Desai J. I agree with him that the appeal of Smt. Bittan Bibi be dismissed as she is clearly liable to pay the amount decreed against her and Kailash Nath. I differ about the appeal of Kailash Nath and agree with the finding of the Court below that Kailash Nath is liable to pay the joint decretal amount.2. The learned District Judge did not record any definite finding about Kailash Nath's being the joint borrower of the various loans or not. I, however, agree with my brother Desai J. that in view of the statement of Smt. Pratap Dei the loans were taken by Smt. Bittan Bibi alone though the actual transactions were at times through Kailash Nath or Seoti Bibi and Manno Bibi. The liability of Kailash Nath to pay the amounts borrowed by his mother depends on the effect of the letter EX. 14 written by Kailash Nath alone with the other aforesaid persons. In this letter these persons stated that they had...
Newazish Ali Khan Vs. Raja Bhanu Pratap Singh
Court: Allahabad
Decided on: Feb-06-1952
Reported in: AIR1953All74
Malik, C.J.1. There was a decree for a large sum of money passed by the Civil Judge, Lucknow, on 14-8-1933. It was a simple money decree and various attempts were made to execute the decree. Both the judgment-debtor and the decree. holder died and on 10-8-1945, an application was made for substitution of names and for transmission of the decree to the Bahraich Court for execution. The prayer in the application is as follows :'Jinab Ali sail degreedar mustadai Hai ki awallan hasb Order 21 Qaida 16 (sic) Zabta Dewani bajai Rani Manraj Kuer degreedar ke sail ka nam ba Zumre degreedar qaim farmaya jawe aur hasb dafa 50 Zabta Dewani bajai Nawab Moham-mad Ali Khan Qazilbash madeeun mutwaffi ke warisan qabizan jaidad ashkhash munderja Khata No, 9 darkhuast haza ka nam qaim hokar bad hu kasb dafa 39 certificate intaqali banam Civil Judge Sahib Bahadur Bahraioh bheja jawe aur mutalba munderje ijrai baza, mublikh Rs. 36043-7-3 ba izafa kharcha ijra haza Wa sud ainda wasul kara diye jawen.'2. Cer...
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