Allahabad Court August 1954 Judgments
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Dhani Ram Vs. Mst. Ram Dei
Court: Allahabad
Decided on: Aug-17-1954
Reported in: AIR1955All320; 1955CriLJ768
ORDERAsthana, J. 1. This revision application arises out of a case under Section 488, Criminal P. C. The applicant was ordered by a first class Magistrate, Kanpur to pay Rs. 25/- per month as maintenance to his wife. He filed a revision against this order before the learned Sessions Judge who rejected it. 2. It appears from a perusal of the 'judgment of the learned Magistrate that the application was made by the wife on the ground that she was (sic) treated by the applicant and turned out of the house and was refused maintenance by him. She also alleged that after she had been turned out the applicant married a second wife. It was not dispute ed on behalf Of the applicant that he had married a second wife. He, however, denied that he has maltreated the first wife or had turned her out of the house. It is an admitted fact that the first wife contracted a cataract of both the eyes. She examined several witnesses in support of her allegation that she had been maltreated by the applicant a...
Hannu Vs. the State
Court: Allahabad
Decided on: Aug-16-1954
Reported in: AIR1955All231; 1955CriLJ656
ORDERAsthana, J.1. This is an application in revision by one Hannu who has been convicted under Section 332, I. P. C., and Section 3, U. P. Gambling Act and has been sentenced to six months rigorous imprisonment under Section 332, Penal Code, and to a fine of Rs. 150/- under Section 3, Gambling Act.2. It was contended on behalf of the applicant that the Sub-Inspector who entered the house for search was not competent to do so as he had not been authorised under Section 5, U. P. Gambling Act. It appears from a perusal of the judgments of the lower Courts that the Superintendent of Police had authorised the Station Officer, Jhansi, under Section 5, Gambling Act, to enter the house of the applicant in order to make the search as he was satisfied that the house in question was used as a gaming house, that the warrant which was directed to the Station Officer was not executed by him personally but was endorsed by him in the name of another Sub-Inspector and it was that Sub-Inspector in whos...
Thakur Lal and ors. Vs. Mahabir Prasad Sharma and anr.
Court: Allahabad
Decided on: Aug-06-1954
Reported in: AIR1955All391; 1955CriLJ1023
Raghubar Dayal, J.1. Thakur Lal and others were prosecuted for several offences, including the offence under Section 302, I. P. C. They were committed to the Court of Sessions. Eechu Pande and Pashupati Pande were two of the prosecution witnesses in that casa Their statements were recorded under Section 164, Criminal P. C., on 3-10-1952. They were later examined before the committing Magistrate on 24-6-1953. The sessions trial started on 14-9-1953.2. On 20-8-1953, the opposite party Sri Mahabir Prasad Sharma, Public Prosecutor, Ghazipur, filed an application before the committing Magistrate for filing a complaint against Bechu Pande and Pashupati Pande for an offence under Section 193, I. P. C. on the ground that they had made contradictory statements in their statements recorded under Section 164, Criminal P. C., and later in the. Court of the Magistrate, The Magistrate issued notices to those witnesses and the proceedings under Section 476, Criminal P. C., remained pending till 28-12...
Custodian of Evacuee Property, U.P., Lucknow, Substituted for Qazi Rah ...
Court: Allahabad
Decided on: Aug-03-1954
Reported in: AIR1955All417
Raghubar Dayal, J. 1. Shrimati Saira Bibi was appointed guardian of person and property of Rahim Elahi minor, son of Baksh Elahi, and his sisters on 4-7-1929, by the District Judge of Mainpuri. She appointed Haji Nurul Hasan manager of the property. He was required to furnish accounts to her husband Rafi Uddin. Rafi Uddin executed a surety bond in pursuance of the orders of the court, SairaBibi remained in possession of the property till her death in November 1932. She filed no accounts in the court of the District Judge, Mainpuri. Rahim Elahi attained majority on 27-5-1942. He instituted the present suit on 26-5-1945, against the four sons of Saira Bibi, defendants Nos. 1 to 4, against Nurul Hasan, defendant No. 6 and against Shrimati Allah Rakkhi, his own sister, defendant No. 5.The reliefs were claimed against defendants 1 to 4 only and the main relief was that a correct and formal account in respect of the income of the property and the income from the business of the plaintiff for...
Chunnoo and ors. Vs. State
Court: Allahabad
Decided on: Aug-02-1954
Reported in: AIR1954All795
Kidwai, J. 1. On the night between the 10th and the llth October 1950, the three houses of Umrao Gaderia, Chutta Ahir and Tulsi Teli, facing each other in. village Bakania, were looted by dacoits said to number between 30 and 40. Pararn Sukh (P. W. 1), a neighbour, was woken up by the noise of the dacoity and went to Nimsar, where the police was posted in connection with Mela duty, for help. At the temple of Lalta Debi he met Head Constable Hem Singh and some Constables including P, W. 4, Ram Saran and told them about the dacoity. The Head Constable directed him to the Station Officer Misrikh, Sub-Inspector Ram Karan Singh (P. W. 38) who was staying in a Dharamshala nearby. The Sub-Inspector recorded a first information report dictated by Param Sukh, (Ex. 12), and proceeded to the spot immediately with the police Constables armed with muskets but they adopted different routes so as to reach the spot from two different directions.2. The dacoity was still in progress. There was an exchan...
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