Allahabad Court April 1955 Judgments
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The State Vs. Mohammad Ali
Court: Allahabad
Decided on: Apr-19-1955
Reported in: AIR1955All700; 1955CriLJ1555
Mulla, J.1. Mohammad Ali, the opposite party in this case, was prosecuted under Section 19(f) of the Amis Act by the police of Talgaon, district Sitapur.2. The charge against Mohammad Ali was that a pistol was recovered from his possession. The trial court felt a doubt whether this pistol could be used as a fire-arm and thereupon asked the. State prosecutor to satisfy him that it could be used as a fire-arm. The State prosecutor instead of satisfying the trial court on that point put in an application stating that there is no provision in law which empowered the accused to ask for a demonstration.When the court asked the State prosecutor to satisfy it regarding the condition of the fire-arm recovered, it was not the accused who was making this demand. A court before convicting an accused person is entitled to satisfy itself that the arms recovered from the possession of an accused person fulfils the definition of Arms given under Section 4 of the Arms Act, As the trial court found that...
Bishwanath and ors. Vs. Jagannath Prasad and ors.
Court: Allahabad
Decided on: Apr-18-1955
Reported in: AIR1956All11
Agarwala, J. 1. This is a defendants' appeal arising out of a suit for recovery of money. The plaintiffs-respondents deal in grain and cloth. They used to purchase rice from the defendants-appellants firm. They alleged that there were transactions between the plaintiffs and the defendants firm, as a result of which the plaintiffs said that Rs. 880/ 18/6 was the balance due to them and filed a suit for the recovery of the same, 2. The defendants contested the suit and according to them nothing was due to the plaintiff. On one occasion certain quantity of rice was sent by the defendants to the plaintiffs and a bill was made out. When the plaintiffs received the rice, they found that it was of an inferior quality than was ordered for. They brought this to the notice of the defendants firm. One Sarju Prasad, a partner of the defendants firm, was the person dealing with these matters. He was satisfied that the rice was of inferior quality and therefore he reduced the amount of the bill by a...
Gaya Singh and anr. Vs. Mst. Ram Piari and anr.
Court: Allahabad
Decided on: Apr-15-1955
Reported in: AIR1955All622
Agarwala, J. 1. This is an application in revision against an order amending a decree passed by the Judicial Committee of the Banaras State. 2. The plaintiffs-oppositoparties sued forpossession over plot No. 381 comprising 1 bigha 6biswas in area, situated in village Sarai Jagdish, aswell as over certain other plots situated in villageBirnai. The suit was decreed by an order dated 18-2-1946, by the Civil Judge of Gyanpur in theBanaras State.By some, error the decree did not mention plot No. 381 at all, and mentioned the other plots which were situated in Birnai as being situated in Sarai Jagdish. There was an appeal against the decree, and the Chief Judge of the Banaras State Chief Court allowed the appeal and set aside the decree; but this order of the Chief Judge of Banaras State Chief Court was upset by the Judicial Committee of the Benaras State and the trial court's decree was restored. Nobody noticed the error in the decree during all this time. 3. Then in 1949, the Benaras State...
Ballan Vs. the State
Court: Allahabad
Decided on: Apr-15-1955
Reported in: AIR1955All626; 1955CriLJ1448
Roy, J.1. This is an appeal by Ballan son of Hashmat AH aged 27 years, resident of town Nehtore in the district of Bijnor, who has been convicted by the learned Sessions Judge of Bijnor under Section 302, I. P. C. and Section 19(f), Arms Act. He has been sentenced to death under the former section and to one: year's rigorous imprisonment under the latter section. Along with the appeal there is the usual reference by the learned Sessions Judge for the confirmation of the sentence of death.2. Briefly stated the case for the prosecution was as follows. The appellant was wanted in connection with three dacoities alleged to have been committed by him in village Moosepur, Mangal Khera and Sahanpur Navada. He had been absconding and he could not be arrested by the police in spite of several raids at his house and in spite of proceedings having been taken against him under the provisions of Ss. 87 and 83, Criminal P. C.On 15-6-1954 sub-inspector Ram Marti Singh, station officer of police stati...
Gangadhar Baijnath and ors. Vs. Income-tax Investigation Commission Th ...
Court: Allahabad
Decided on: Apr-14-1955
Reported in: AIR1955All515; [1955]28ITR211(All)
V. Bhargava, J.1. This petition under Article 226 of the Constitution has been filed by the firm Gangadhar Baijnath and its three partners, Rameshwar Prasad Bagla, Harishankar Bagla and Satyanarain Bagla. The petition relates to proceedings being taken against the firm under the provisions of the Taxation on Income (Investigation Commission) Act,2. It has been stated on behalf of the petitioners that one Sri V. P. Gupta was appointed as the Authorised Official by the Income-tax Investigation Commission to discharge the functions of such officer under the said Act No. XXX of 1947, and on 29-6-1950 the petitioners received a notice from Sri V. P. Gupta, Authorised Official, to furnish certain information appearing in the petitioners' books of accounts, which were specified in that notice.Thereafter the Authorised Official carried on his investigation for more than a year and a half, during which time he sent a number of requisitions to the petitioners calling for account books, statement...
Abdul Hamid Vs. Abdul Rahim and ors.
Court: Allahabad
Decided on: Apr-14-1955
Reported in: AIR1955All510
Mootham, C.J.1. On 13-1-1955, an application was made by the appellant under Rule 13 of Chap. 13 of the Rules of Court for the translation and printing of such parts of the record of the trial court as were considered necessary at the hearing of the appeal. The application was made on, the prescribed form, and in accordance with the provisions of Rule 14 was presented to the Deputy Registrar, The application was unstamped, and the appellant contended that no court-fee was payable thereon. The practice in Allahabad has been to require such applications to bear a court-fee stamp of Rs. 3-12-0, but a different practice prevails in Lucknow where such applications are not stamped, and that practice has been approved in the recent case of -- 'Baij Nath Das v. Ram Charan Das', AIR 1954 All 812 (A). As the question is one of great practical importance it has been referred to a Full Bench for further consideration.2. In 'Baij Nath Das's case (A)' the view taken was that applications for transla...
The State Vs. Udit Narain
Court: Allahabad
Decided on: Apr-14-1955
Reported in: AIR1955All524; 1955CriLJ1308
Mulla, J.1. Udit Narain, the opposite party in this case, was convicted by the Sub-Divisional Magistrate. Sadar, District Pratapgarh, under Section 12, Press and Registration of Books Act, 1867, and was sentenced to a fine of Rs. 300/-, in default to undergo simpla imprisonment for six months.2. The facts of the case briefly stated are as follows : One Sri Sarkar was the Deputy Commissioner of Pratapgarh. He was transferred from the district. Some residents of Pratapgarh did not like this transfer. A notice was printed on 2-4-1953, in which it was announced that a meeting of the residents of Pratapgarh would be held to oppose this order of transfer. The names of the Press as well as tlie Printer were not printed on the notice. The place where the notice was printed was also not printed in the notice. The matter was investigated by a C. I. D. Inspector, who took the permission of the District Magistrate for doing so.In the course of his investigations, he found that this notice was prin...
Gopal Das Sakseria and anr. Vs. the State
Court: Allahabad
Decided on: Apr-13-1955
Reported in: AIR1955All511; 1955CriLJ1232; (1956)ILLJ11All
Raghubar Dayal, J.1. The Chief Inspector of Factories, U.P., addressed a complaint to the Court of City Magistrate, Agra, in August 1950, against Gopal Das Saksaria and Brij Mohan Jha for an offence under Section 92, Factories Act, 1948. He sent the typed and signed complaint with a covering letter to the District Magistrate, Agra, requesting him to inform the Court concerned for further action and informing him that a copy of the complaint had also been sent to the City Magistrate, Agra, direct.The District Magistrate, Agra, forwarded this complaint to the Sub-Divisional Magistrate, Firozabad, for trial on 1-9-1950. It is not known when this complaint reached the Sub-Divisional Magistrate, Firozabad, but he appeals to have ordered the registering of the case and the issue of summons to the accused on 6-9-1950.2. Meanwhile an unsigned copy of the complaint was sent to the City Magistrate, Agra, direct by the Chief Inspector of Factories. The City Magistrate forwarded it to the Factory ...
R.B. Lal Vs. the State
Court: Allahabad
Decided on: Apr-13-1955
Reported in: AIR1955All618; 1955CriLJ1443
Kidwai, J.1. The applicant Sri R. B. Lal, is the Divisional Superintendent, posted at Lucknow, of the Northern Railway. Truck registered as U. S. J. 3125 was found being used, on 14-7-1952, without a permit and without a fitness certificate. Hazari Lal was driving the truck and since it was registered in the name of the Divisional Superintendent, who happened at the time to be Sri R. B. Lal he and the chauffeur were prosecuted under Ss, 38/112 and 42/123 of the Motor Vehicles Act.2. The defence of Hazari Lal was that he acted under the orders of his superiors and carried nothing but cash. Sri R. B. Lal pleaded that the vehicle did not require a permit and in any case that was the impression both of the Railway and of the Transport Authorities.3. Evidence was led to prove the fact that the vehicle was plying on a public road without a permit and without a fitness certificate. The defence produced a witness Ram Sunder Pandey to prove that he had gone to the Regional Transport Office on 1...
L. Ram Kishan Das Vs. Jagdishwar Nath and anr.
Court: Allahabad
Decided on: Apr-12-1955
Reported in: AIR1956All13
Agarwala, J. 1. This is a plaintiffs appeal arising out of a suit for recovery of money on the basis of a promissory note dated 11-4-1931. In the plaint, the plaintiff gave a declaration required by Section 4, U. P. Debt Redemption Act, that he will not proceed against the land, agricultural produce, or person of the judgment-debtor if a decree is passed in his favour and on that basis claimed that the amount sued for was due to him against the defendant. Prior to the institution of the suit which has given rise to this appeal the defendant had instituted a suit for accounts under Section 33, Agriculturists' Relief Act. In that suit, as a defendant, the present plaintiff whom we shall hereafter call the creditor, had given a declaration under Section 4, Debt Redemption Act, But that declaration was held not to be capable of being given in a suit by a judgment-debtor and was therefore disregarded and it was held that nothing was due to the creditor. In the present suit the Courts below ...
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