Allahabad Court February 1955 Judgments
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Anand NaraIn Vs. District Judge, Faizabad and ors.
Court: Allahabad
Decided on: Feb-17-1955
Reported in: AIR1955All615
ORDERLall, J.1. The petitioner instituted a suit (No. 39 of 1947) in the court of the Civil Judge at Faizabad. The suit was referred to arbitration. The arbitrators delivered an award and the Court passed a decree in terms of the award on 30-4-1948.2. The record was consigned to the record room of the. District Judge in due course and remained there for about five years. It was in 1953 that the Inspector of Stamps while inspecting the records in the record room of the District Judge noticed the award and the decree. He was of the opinion that these documents should have been stamped. He made a report to that effect to the Chief Inspector of Stamps and sent a copy thereof to the District Judge.The Junior Secretary to the Board of Revenue as the Chief Controlling Revenue authority also drew the attention of the District Judge to the Stamp Reporter's report. Some notes passed between the District Judge and the Civil Judge and also between the District Judge and the Junior Secretary, Board...
Mahendra Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-15-1955
Reported in: AIR1955All400; (1955)IILLJ750All
ORDERM.L. Chaturvedi, J.1. This is a petition under Article 226 of the Constitution.2. The petitioner was posted as a head constable at police outpost, George Town, police Station Colonelganj, Allahabad, in August, 1952. On 15-9-1952, one Sukru made a report against the petitioner that he used to extort money from persons who grazed their cattle on road patris, and the City Deputy Superintendent of Police noted down the numbers of four one rupee currency notes produced by Sukru and handed them back to him. The City Deputy Superintendent of Police was subsequently informed that the money had been taken by the petitioner from Sukru, and on receiving this information, he along with the Circle Inspector proceeded to the outpost and recovered the currency notes from the pocket of the uniform shirt of the petitioner.The petitioner was then suspended under the orders of the Senior Superintendent of Police, and proceedings were started against him. The enquiry into the matter was made by Shri ...
The State Vs. Ram Chandra
Court: Allahabad
Decided on: Feb-15-1955
Reported in: AIR1955All438; 1955CriLJ1120
Chowdhry, J. 1. This is an appeal by the State Government against the acquittal of one Ramchandra, alias Sethi, of an offence punishable under Section 224, I. P. C.2. It appears that there was a communal riot on the night between 29 and 30-3-1950 in Sani-Udiyar, Patti Malla Kamsyar, district Almora, in which a number of muslims were killed. Harsingh Kanungo received a report of the occurrence on 30-3-1950 at his head-quarters at Bageshwar. It may be mentioned here that a Kanungo is alsoentrusted with the duties of a Circle Inspector of Police, a Patwari with those of a Sub-Inspector of Police and their peons with the duties of constables in the district of Almora. In this report the respondent was specifically mentioned among those who are said to have committed the murders. Har Singh reached Sani-Udiyar on 31-3-1950 and sent for Dewansingh Patwari from Malla Kamsyar the same day. On 2-4-1950 Harsingh gave a written order, described as Parwana, to Dewansingh directing him to arrest the...
Ram Das and ors. Vs. State and anr.
Court: Allahabad
Decided on: Feb-11-1955
Reported in: AIR1955All616; 1955CriLJ1441
ORDERMulla, J.1. Ram Das and two others have filed an application under Section 215, Criminal P. C., read with Section 561A, Criminal P. C., praying that the order of committal passed by the Special Magistrates, Sitapur, dated 20-5-1954 be set aside and the proceedings be quashed. The applicants were committed under Section 307 read with Section 34. Penal Code to stand their trial in the Court of the Sessions Judge, Sitapur.2. Several grounds were taken in this application, but the main contention of the counsel for the applicants is that the committing Magistrates did not examine the accused persons under Section 342, Criminal P. C., and this, has vitiated the entire proceedings.3. On behalf of the opposite parties it was contested that no illegality has been committed, if Section 342, Criminal P. C., is correctly interpreted. It was argued that Section 342, Criminal P. C., contemplates two stages when a Court can examine the accused persons. The first stage extends upto the time when...
State Vs. Sm. Tugla
Court: Allahabad
Decided on: Feb-10-1955
Reported in: AIR1955All423; 1955CriLJ1111
Desai, J. 1. In proceedings under Section 145, Criminal P. C. started by the respondent herself on the allegation that she was in possession of the house in dispute and some landed property and that there was a dispute between her and Sob Nath about them which was likely to cause a breach of the peace, the Sub-Divisional Magistrate, Soraon on 6-7-1950 held that Sob Nath was in possession of the house in dispute and entitled to remain in possession until evicted in due course of law and ordered the respondent not to disturb his possession in the meantime. The propery seems to have been attached under Section 145(4). On the case being decided in favour of Sob Nath, it was released from attachment and possession was given to him by the police on 1-12-50. On 3-11-50 the respondent filed a civil suit regarding the house in dispute. She applied for a temporary injunction and the civil court on 18-11-50 issued an interim injunction that status quo should be maintained.The order was served upo...
Pershadi Vs. the State
Court: Allahabad
Decided on: Feb-10-1955
Reported in: AIR1955All443; 1955CriLJ1125
Mehrotra, J.1. Appellant Pershadi has been convicted under Section. 302, Penal Code by the Sessions Judge of Ali-garh for having committed the murder of Chimman Lal aged about six years and sentenced to transportation for life.2. Chimrnan Lal was the son of Shanker Lal Halwai of village Ramanpur, which is at a distance of eight furlongs from the town of Hathras. The accused is the appellant Pershadi, who was employed as a servant at the house of Shankar Lal. The prosecution case is that about a month before the murder of Chimman Lal a small iron safe containing cash kept in the Halwai shop of' Shanker Lal was stolen in the night. A report was lodged by Shanker Lal of this theft in the police station on 1-11-1950 under Section 457, I. P. C. against the appellant and one Charna. Charna was sent to jail but the appellant Pershadi was arrested, put up in the lock-up and released subsequently on furnishing security. After his release the appellant pointed out the place where the safe had be...
Dominion of India as Owner of G.i.P. Rly. and anr. Vs. Gaya Pershad Go ...
Court: Allahabad
Decided on: Feb-09-1955
Reported in: AIR1956All338
Kidwai, J. 1. This Full Bench has been constituted -to consider the following question which has been formulated by a Division Bench of this Court, namely :'Whether a consignee, who is not the owner of the goods but to whom the goods are consigned for the purpose of sale on commission basis, is entitled to maintain the suit for loss in respect of damage caused to the goods in transit?'2. The facts necessary for the decision of this question are not disputed and lie within a very narrow compass. Four different persons each booked a wagon of oranges from Katol in C. P. (now Madhya Pradesh) for Lucknow. In each case the plaintiff-respondent was mentioned in the Railway Receipt as the consignee. The plaintiff took delivery of one wagon but found that the goods had deteriorated greatly owing to the late arrival of the wagons at Lucknow and he refused to take delivery of the other three wagons. He then instituted the four suits out of which these appeals arise for damages.3. One of the defen...
Chandra Kishore and anr. Vs. Smt. Hemlata Gupta
Court: Allahabad
Decided on: Feb-09-1955
Reported in: AIR1955All611
ORDERMukerji, J.1. This is a revision which has been filed by Sri Chandra Kishore and Sri Sohan Lal against an order of the District Judge of Saharanpur, exercising jurisdiction over Dehra Dun Area, holding that an application made by Srimati Hemlata Gupta for her appointment as a guardian of her two minor children was maintainable in his Court.2. Srimati Hemlata, the opposite party, was married to Chandra Kishore some years ago. This marriage produced two children Rakhesh, aged about four and a half years, and Gambhir, aged about two years and a few months. Chandra Kishore belongs to Meerut and has the permanent residence at that place. After the marriage the young couple resided in Meerut, and the children, after their birth, also resided with their parents at Meerut.Unfortunately, the husband and the wife started having differences, so much so that Hemlata, the wife, decided to leave her husband's residence to go and live with her parents who resided at Dehra Dun. On 1-10-1953, Heml...
State of Uttar Pradesh Vs. Christopher Tobit and ors.
Court: Allahabad
Decided on: Feb-08-1955
Reported in: AIR1955All273; 1955CriLJ1213
Beg, J. 1. Eight persons were charged under Sections 147, 323, 325, and 326 read with Section 149, Penal Code. They were tried by Shri Balram Sinha, Temporary Civil and Sessions Judge of Gorakhpur, in respect of the aforesaid offences. The trial court acquitted all of them by its order dated 24-7-1953. 2. On 25-1-1954 the Government filed an appeal in this Court against the said order of acquittal. Along with the memorandum of appeal, the Government did not file a certified copy of the judgment of the trial court. A typed copy of the judgment was, however, annexed to the memorandum of appeal. On the same day the office made a report that the copy of the judgment filed along with the petition of appeal was not a certified one. A certified copy of the judgment was, however, filed by the appellant on 25-2-1954, after the period of limitation for filing the Government appeal had already expired. This copy was accepted by the Court on 25-2-1954. (Note: This order of the Court appears to hav...
ibarat HusaIn and ors. Vs. the State Through Jarrar Hussain
Court: Allahabad
Decided on: Feb-07-1955
Reported in: AIR1955All363; 1955CriLJ897
ORDERDesai, J. 1. This is an application against an order of the courts below holding that a court at Kanpur has jurisdiction over the complaint filed against the applicants under Section 494, I.P.C. The allegations in the complaint, on the basis of which the question of jurisdiction has to be decided, are that the father-in-law of the complainant took away the complainant's wife from his house in Kanpur district to Gonda district and that in Gonda district she was remarried to the applicant Ibarat Hussain. As the remarriage was performed in Gonda district, it was contended before the trial court in Kanpur that it had no jurisdiction over the offence of Section 494, I.P.C., and that it co'uld be tried only in a court in Gonda district.The trial court held that the consequence of the remarriage was that the complainant was deprived in Kanpur district of the consortium of his wife and that consequently the offence 'could, be tried in Kanpur district and relied upon -- 'Munir v. Emperor' ...
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