Allahabad Court January 1953 Judgments
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Ratan Lal Vs. State
Court: Allahabad
Decided on: Jan-30-1953
Reported in: AIR1953All475
Agarwala, J. 1. This is an application in revision by Ratan Lal against his conviction under Section 7, Essential Supplies (Temporary Powers) Act, 1946, for contravention of Para 3, U. P. Food-grains Procurement Order, 1949, and sentence of three months' rigorous imprisonment and Rs. 200/- fine. 2. The applicant is a cultivator in villages Purqazi and Bhoraheri and pays rent and canal dues. Under the Foodgrains Procurement Order, 1949, he was asked to deliver to the Government in 1949 scheduled foodgrains of the value of Rs. 1139/9/-, which would roughly amount to 100 maunds of foodgrains. He failed to do so and was consequently prosecuted for contravening Para 3 of the said Order. His defence was that he had grown only 60 maunds of foodgrains which he had distributed to labourers and to the Cane 'Co-operative Society which had advanced to him seeds for growing foodgrains. He further raised a plea that the U. P. Foodgrains Procurement Order was invalid because it went beyond the powers...
Baldiwakar Misir and anr. Vs. Mahatma Singh and ors.
Court: Allahabad
Decided on: Jan-30-1953
Reported in: AIR1953All480
Agarwala, J.1. This is a judgment-debtors appeal arising out of an objection to the execution of a decree. The facts of the case may briefly be stated as follows: Mahatam Singh, Daleep Singh and Rajdeo Singh, respondents, sold their proprietary interest in village Bhilevana to one Mangla Prasad Misir, brother of the appellants, Baldiwakar Misir and Balmukund Misir, for Rs. 1,500/- leaving a sum of Rs. 1295/- with the vendee for payment to one Bharat Singh in liquidation of a debt due from the vendors. Mangla Prasad. Misir vendee did not pay the amount left with him under the sale deed with the result that the respondents vendors sued Mangla Prasad for recovery of Rs. 1752/12/-, the unpaid sale consideration with interest. A decree was passed in this suit in favour of the respondents for Rs. 1606/- with costs and future interest. This was on 11-12-1935. Then the respondents-decree-holders applied under the Encumbered Estates Act and disclosed this decree as one of the items of property ...
Lal Singh Vs. Smt. Hira and ors.
Court: Allahabad
Decided on: Jan-30-1953
Reported in: AIR1953All507
Brij Mohan Lall, J.1. This is an application for Letters of Administration in respect of the estate of one Thakur Dewan Singh, who died in village Kishun Khera, Tahsil Haldwani, district Nainital on 24-12-1950. The application, when presented, purported to have been made on behalf of two persons, viz. Lal Singh and Roop Singh, although it bore the signature of Lal Singh alone. During the pendeacy of the petition Roop Singh presented an application praying that his name might be removed from the array of the petitioners. He made it clear that he did not want to proceed with this petition. In the circumstances, it is Lal Singh along who is now claiming the Letters of Administration.2. The deceased was a Naik by caste. Lal Singh and Rup Singh are his brothers. He left a married daughter, Smt. Rami and her sons. But it is the common case of the parties that according to the customary law to which the deceased was subject, the married daughter and her descendants are no heirs.3. The petitio...
Malhoo Mian Abdul Ghani Vs. State Through Municipal Board, Bahraich
Court: Allahabad
Decided on: Jan-30-1953
Reported in: AIR1953All548
ORDERMukerji, J.(1) Malhoo Mian Abdul Ghani was prosecuted by the Municipal Board of Bahraich under Sections 185, 186 and 265/306, Municipalities Act lor having made a Kachcha chabutra in front of his shop. As a result of this prosecution the trial Court awarded a sentence of fine to the extent of Rs. 10/- only on the applicant.(2) It appears that on 6-6-1951, the Municipal Board of Bahraich served a notice on the applicant to demolish a certain chabutra which he had constructed without permission of the Board and which according to the view of the Municipality was not only a trespass but was also a nuisance. The applicant was required to remove the various constructions within three days of the receipt of the notice. The notice was received by the applicant on 10-6-1952, and on 12th June, the applicant replied, saying that the chabutra in respect of which the notice had been served on him was an old chabutra and that it did not in any manner cause any obstruction nor was it a nuisance...
S. Gurnam Singh Vs. State Through Municipal Board, Rae Bareli
Court: Allahabad
Decided on: Jan-29-1953
Reported in: AIR1953All539
ORDERMukerji, J.1. These are three connected applications in revision by S, Gurnam Singh who has been convicted in three cases under Section 155, Municipalities Act and sentenced to pay a fine of Rs. 35/- each in two cases and a sum of Rs. 30/- in another case.2. The allegation of the Municipal Board was that Gurnam Singh owned a truck which bore registered No. USU 166 and that on this truck Gurnam Singh brought into the Municipal limits of Rae Bareli old furniture and bailies which were liable to octroi duty on three different dates, namely, 12th May, 13th May and 22nd May, 1951, without paying the necessary duty. The case of the Municipal Board further was that the driver of the truck was attempted to be stopped at the octroi barrier for the collection of duty but he told the person in charge that the necessary duty would be paid by Gurnam Singh, later, and on this assurance the person in charge of the octroi barrier let the truck with the goods pass.3. The defence of Gurnam Singh wa...
Ramai and ors. Vs. State Through Pram Hans Singh
Court: Allahabad
Decided on: Jan-28-1953
Reported in: AIR1953All525
Brij Mohan Lall, J. 1. This purports to be an application under Section 345 (5A), Criminal P. C. 2. Six persons were convicted by a Magistrate 1st Class of Gorakhpur of offences punishable under Sections 147, 323 and 447, I. P. C. They preferred an appeal which was heard by the learned Additional Sessions Judge of Gorakhpur. He set aside the conviction under Section 447, I. P. C. but maintained the convictions under the remaining two sections. Thereafter a revision was preferred to this Court which was rejected. 3. An application has now been presented jointly on behalf of the complainant and the convicted persons praying that the offence under Section 323, I. P. C. may be permitted to be compounded. No such request is made in respect of the offence under Section 147, I. P. C. for the obvious reason that that offence is not compoundable. Sub-section (5A) of Section 345, Cr. P. C. lays down that: 'A High Court acting in the exercise of its powers of revision under Section 439 may allow ...
Raj Kishore Vs. the State
Court: Allahabad
Decided on: Jan-27-1953
Reported in: AIR1953All464
Agarwala, J.1. This is an appeal by Raj Kishore who has been convicted under Sections 304 and 326, I. P. C. and sentenced to four years' R. I. under the former and two years' R. I. under the latter section. The facts of the case are not disputed by the appellant.2. The appellant was employed in Railway loco at Tundla. On 21-9-1949 he was on duty from 4 P. M. to 12 midnight. After finishing his work he went to his house, took his meal and lay in bed outside the house in the lane. He had not yet fallen into sleep when he saw his wife Smt. Sri Devi coming out of the house. She had a liaison with a neighbour Chandra Kishore who was then sleeping nearby with a friend of his. Smt.' Sri Devi and Chandra Kishore went inside the house. The appellant got suspicious and followed them stealthily and heard his wife and Chandra Kishore whispering to each other in the courtyard of a dilapidated house adjacent to his own house. He stood there quietly. A little later, peeping over the wall of the dilap...
Mewa Ram and anr. Vs. State
Court: Allahabad
Decided on: Jan-22-1953
Reported in: AIR1953All481
Agarwala, J.1. This is a revision application on behalf of two sureties against an order forfeiting their bonds. One Debi Dayal was prosecuted under Section 411, I.P.C. When he was brought in Court he appears to have applied for being released on bail. A bond was taken from the applicants as sureties for securing the presence of Debi Dayal on the next date of hearing and on subsequent dates. Debi Dayal appeared to subsequent dates but no bond was taken from Debi Dayal himself. Later on he absconded and did not appear on 23-2-1950, the date fixed in the case and thereafter could not be found. The bonds filed by the applicants were forfeited in the amount of Rs. 750 /- each which was the amount of the bond. They filed an appeal against the order of forfeiture. Their appeal was dismissed.2. The re vision application of the applicants first came up for hearing before our learned brother Desai J. who was of the opinion that unless there was a bond executed by the accused himself a bond take...
Kashi Kurmi and ors. Vs. Chandi Kurmi and ors.
Court: Allahabad
Decided on: Jan-22-1953
Reported in: AIR1953All723
Malik, C.J. 1. This is a defendants' appeal under Section 12 (2) of the Oudh Courts Act read with the U. P. High Courts (Amalgamation) Order, 1948.2. The plaintiff and defendant No. 8 were the sub-tenants of a pahi tenant, Hasan Raza. Hasan Raza died in the year 1931. He left a daughter who was impleaded as defendant No. 6 and a son who was impleaded as defendant No. 5 to the suit. After the death of Hasan Raza, his heirs were entitled to remain in possession for the unexpired period of ten years which was the period for winch the tenancy was deemed to exist under Section 36 of the Oudh Rent Act. The lower appellate Court has held that the 10 years expired in 1342 Fasli which corresponds to 1934-35. The heirs of Hasan Raza, therefore, were entitled to remain in possession of the property till 1934-35. In the year 1942, the landlord, who is defendant No. 7 to this action, filed proceedings under Sections 87 and 83 of the U. P. Tenancy Act (No. 17 of 1939) intimating that he wished to tr...
Chandan Vs. Babu and anr.
Court: Allahabad
Decided on: Jan-21-1953
Reported in: AIR1953All497
Agarwala, J. 1. This is a revision application by one Chandan for enhancement of sentence of Babu who has been convicted under Section 304, Part II, I. P. C., and sentenced to the maximum sentence of ten years' R. I. which could be passed under that Part of the section. The facts briefly stated are as follows : 2. The opposite party Babu and Ram Dayal deceased lived as tenants in the same house atDeorhi Begam. On 19-7-1950 at 6-30 p. m. there was a quarrel between Smt. Harpiari, wife of the opposite party Babu, and Smt. Bhauti, wife of the deceased Ram Dayal. The opposite party Babu intervened and scolded Smt. Bhauti. Ram Dayal reprimanded the opposite party Babu and said that he should not interfere in a quarrel between ladies. On this Babu became furious and threatened to kill some one and in furtherance of his intention ran to his room, brought out a knife, rushed at Ram Dayal and inflicted several blows on him, hitting him in the back, neck, arms and chest. Ram Dayal collapsed and ...
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