Allahabad Court July 1952 Judgments
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Shukrulla Vs. State
Court: Allahabad
Decided on: Jul-15-1952
Reported in: AIR1952All962
ORDERDesai, J.1. The applicant has been convicted under Section 30 of the Administration of Evacuee Property Act, 1950, for realising from tenants rent in respect of a house belonging to his mother-in-law who has gone away to Pakistan and thereby become an evacuee. There is ample evidence given by the tenants of the house to the effect that they paid the rent to the applicant on his demand. Their evidence also shows that the applicant knew that his mother-in-law, the owner of the house, had gone away to Pakistan and become an evacuee. The conviction of the applicant is challenged on two grounds. One is that it is based upon the evidence of the tenants who themselves were liable to prosecution under Section 30 and were thus accomplices in the offence. The other is that the house in dispute has not been declared as evacuee property by the Custodian. There is no substance in either of the grounds.2. Even if the tenants who gave evidence against the applicants were to be treated as accompl...
Kishan Diyal Vs. the State
Court: Allahabad
Decided on: Jul-15-1952
Reported in: 1953CriLJ162
ORDERChowdhry, J.C.1. This is an application in revision by Kishan Diyal who is being retried for offences punishable under Sections 409 and 477a, Penal Code, and Section 5, Prevention of Corruption Act, 19-17, in compliance with the decision of this Court dated 16.1.1952.2. On an application on behalf of the State the petitioner was directed by the trying Magistrate, under Section 73, Evidence Act, to write certain words and figures and signatures. The petitioner has come up in revision against that direction. Since the making of that direction the case has been transferred by the District Magistrate to his own file under Section 528(3), Criminal P.C. The Sessions Judge being the complainant in the case, the petitioner has come up direct to this Court in revision. There is also a prayer that, pending the disposal of this petition, the execution of the said direction be stayed.3. The petition relates to the State of Bilaspur. There is no prospect of my going in circuit there for the ne...
Anwarul Hasan Vs. the State
Court: Allahabad
Decided on: Jul-14-1952
Reported in: AIR1953All142
Malik, C.J. 1. The appellant Anwarul Hasan has been convicted under Section 408, Penal Code under two out of three counts and has been sentenced to two years' rigorous imprisonment and a fine of Rs. 100/- under each count, the sentences of imprisonment to run concurrently. He has been acquitted on the third count. Thecase was tried with the aid of a jury and the jury returned a verdict of guilty on the two counts mentioned above. In this appeal learned counsel has raised the point that the jury was not properly charged and that the verdict was, therefore, vitiated by the irregularity in the charge.2. There was a Consumers' Co-operative Stores started in Rifah-i-am, Lucknow, of which Mr. B. L. Kaul, Advocate was the President. The accused Anwarul Hasan was the Honorary Secretary. The shares of this Co-operative Stores were valued at Rs. 10/- each and the amount was payable in a lump sum or in instalments. The charge against the accused was that on 22nd October 1948, he realised the shar...
Ram Khelawan Vs. State Through Mt. Parbhu Devi
Court: Allahabad
Decided on: Jul-03-1952
Reported in: AIR1952All958
ORDERBina Basni Prasad, J.1. This is a petition in revision by a husband against his wife for the setting aside of an order granting her a maintenance allowance of Rs. 25 per month under Section 488, Criminal P. C. The applicant is an employee in an industrial concern at Kanpur, having an income of Rs. 80 per month. Admittedly, he was married to Smt. Prabhu Devi in the year 1945. A deed of agreement, Ex. P-1, was drawn up at that time by which the applicant undertook that after the marriage he would live with his wife at the house of his father-in-law. It is clear from that agreement that the assurance given was that the wife would never be compelled to go to her husband's place. It may be noted here that she is the only child of her father. For some years the husband and the wife lived amicably and a child was born to them. But estrangement and ill feelings grew up with the result that the husband has now left his father- in-law's place and is living with his brothers. He is giving no...
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