Allahabad Court August 1957 Judgments
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Saghir HussaIn and anr. Vs. the State
Court: Allahabad
Decided on: Aug-02-1957
Reported in: AIR1958All312; 1958CriLJ582
ORDERA.N. Mulla, J. 1. This is an application of revision filed by Saghir Husain and Wasi Husain who are being prosecuted under Section 5 (2) of the Prevention of Corruption Act before Sri A. D. Bhattacharya, Special Judge, Sitapur. 2. It appears that after the evidence was closed on 12-6-1957, the prosecution wanted to produce Sri A. M. Shah, S. P. Sitapur as a witness in the case. The defence objected to the examination of Sri A. M. Shah and contended that it is not open to the prosecution to examine a witness to fill in a lacuna in the prosecution case at such a late stage. Sri Bhattacharya then passed an order by which he proposed to examine Sri A. M. Shah as a witness under Section 540 of the Code of Criminal Procedure. The applicants felt aggrieved against this decision of the Special Judge and they have come up in revision before this Court with the prayer that the order of the Special Judge, D/-12-6-1957, proposing to examine Sri Shah under Section 540 of the Code of Criminal P...
Raj Rajendra Sardar Maloji Narsing Rao Vs. Shankar Saran and ors.
Court: Allahabad
Decided on: Aug-01-1957
Reported in: AIR1958All775
A.P. Srivastava, J.1. This special appeal has been preferred against the judgment of Brij Mohan Lall J., by which he dismissed the execution application of the appellant on the ground that the decree sought to be executed was a nullity and could not on that account be executed.2. The facts which are material for the purpose of the appeal are practically not in dispute. On 15-5-1947, the appellant filed against the respondents a suit in the court of the District Judge of what was then the Native State of Gwalior, for the recovery of a sum of Rs. 6,92,236/15/- from the assets of late Munshi Ishwar Saran of Allahabad in the respondents' hands.The suit was based on the allegation that late Munshi Ishwar Saran had taken certain amounts from the appellant as an agent for which he was bound to render accounts but had died without doing the same. Summonses were served on the respondents on 18-11-1948, but none of them appeared to contest the suit. An ex parts decree was thereupon passed by the...
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