Allahabad Court November 1958 Judgments
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Sri Kameshwar Nath Verma Vs. Bar Council U.P.
Court: Allahabad
Decided on: Nov-18-1958
Reported in: AIR1959All341
D.N. Roy J.1. The Bar Council has preferred an objection to the admission of Sri Kameshwar Nath Verma as an Advocate; and the objection has been laid before this Bench for hearing in accordance with the provisions of Section 9(2)(d) of the Bar Council's Act.2. The facts giving rise to this matter are these:--Sri Kameshwar Nath Verma after passing his LL.B.. examination from the Lucknow University in 1949 took an appointment under the U.P., Government as an Assistant Public Prosecutor from the 18th of April, 1952 and ever since then has been working as such. At no time was he enrolled as a Pleader; nor did he take any training for being enrolled either as a Pleader or as an Advocate.He contends that having worked as an Assistant Public Prosecutor for nearly six years he is entitled to be enrolled as an Advocate in accordance with the provisions of Proviso 8 to Rule 1 of the Rules framed by the Bar Council under Section 91 of the Act. We may here produce the relevant parts of Rule 1 nece...
B.P. Thakur Vs. State
Court: Allahabad
Decided on: Nov-18-1958
Reported in: AIR1959All787; 1959CriLJ1393; (1959)IILLJ34All
ORDERM.C. Desai, J.1. This is a reference by the Additional Sessions Judge, Allahabad, recommending that the proceedings pending against the applicant for an offence committed against the Factories Act be quashed on the ground that the complaint was not made within three months of the date on which the offence was committed. The relevant facts are that the offence was committed on 13-2-1955 within the knowledge of the Chief Inspector of Factories. He made a complaint of the offence and sent it to the District Magistrate on 22-4-1955 with the request that the Public Prosecutor be directed to present it in the court concerned on or before 12-5-1955, 'the last date for making complaint of the offence.'On 13-5-1955 the Sub-Divisional Magistrate Handia took cognizance of the complaint and issued process against the applicant. The applicant appeared and questioned his jurisdiction to take cognizance of the offence on 13-5-1955; his contention was that the last date on which he could take cog...
Tirlok Chand and ors. Vs. State
Court: Allahabad
Decided on: Nov-17-1958
Reported in: AIR1959All512; 1959CriLJ937
ORDERM.C. Desai, J.1. The sarpanch of a nyaya panchayat and certain panchcs and the applicants have been committed to stand trial for the offences of Sections 120B, 466, 218 and 193 I. P. C. The gist of the allegations against them is that in a case that was tried by them they forged a summons, order sheet and registers and prepared false evidence to be used against the accused in another case. The proceedings were started against the applicants on a private complaint and it was contended before me that under Section 195 (1)(b) Cr. P. C. they could not be prosecuted for the offences of Sections 193, 466 and 120B, I. P. G. without a complaint in writing by a Court.Here the offences are alleged to have been committed by a court trying a case and not by other persons in, or in relation to, the- proceedings before it. The obvious meaning of the provision of Section 195 (1) (b) is that if the offences are committed in, or in relation to, a proceeding pending in any court cognizance of them ...
Satendra Kumar Gupta and anr. Vs. Banaras Improvement Trust
Court: Allahabad
Decided on: Nov-17-1958
Reported in: AIR1959All513
ORDER1. This is a reference under Section 113 of the Civil Procedure Code made by the Improvement Trust Tribunal, Banaras. The circumstances in which the reference is made can be stated shortly.2. Under Section 3 of the U. P. Town Improvement Act, 1919, a statutory body known as The Banaras Improvement Trust was created for the purpose of carrying out the provisions of that Act. The Trust was authorised to frame improvement schemes to provide for a number of matters, including schemes known as 'street schemes' for the purpose, inter alia, of improving existing means of communication and facilities of traffic. Under Section 56 of the Act the Trust was further empowered, with the previous sanction of the State Government, to acquire land under the provisions of the Land Acquisition Act, 1894, as modified by the Town Improvement Act for the purpose of giving effect to an improvement scheme. Section 57 required a Tribunal to be constituted for the purpose of performing the functions of the...
Durga Prasad Khosla Vs. the State of Uttar Pradesh
Court: Allahabad
Decided on: Nov-17-1958
Reported in: AIR1959All744
Srivastava, J.1. Two reports were lodged at the police station Sadar Bazar, Saharanpur, on the 27th of May 1952 and the 28th of May 1952, by Sri Durga Prasad Khosla, It is suggested that the reports were lodged with the connivance and collusion of Sri Bal-want Singh Vakil, Munshi Atma Kam and Ch. Wall Mohammad. Sri Durga Prasad Khosla mentioned certain facts in his reports and said On their basis that he apprehended a breach of peace on behalf of Dr. Jamuna Prasad and Sri Ghasita Singh. He wanted action to be taken against them. On the 30th of May 1952 the police submitted a challan against the two persons and proceedings were started against them under Section 107 Cr. P. C.On the 27th of July 1952 the Additional City Magistrate, who was dealing with the case, dropped the proceedings finding that there was no sufficient ground to proceed. Sri Durga Prasad Khosla then went up in revision to the Sessions Judge but his revision application was dismissed. He then filed an application in re...
Ghulam MohiuddIn Vs. Election Tribunal for Town Area Sakit and anr.
Court: Allahabad
Decided on: Nov-14-1958
Reported in: AIR1959All357
R. Dayal, J. 1. I agree with brother Chaturvedi that this writ petition be allowed and that a writ of certiorari be issued quashing the impugned order of the Election Tribunal. In view of the importance of the question, I would like to note in brief my reasons for coming to that conclusion.2. The question is whether the Election Tri-bunal hearing an election petition challenging the election of the Chairman of the Town Area Committee can look into the contention that the names of certain persons should not have found a place in the electoral rolls prepared for certain wards in the Town Area on the grounds that some of them were minors and that some did not reside within the wards concerned.The Election Tribunal in this case considered whether the finality attached to the electoral roll applied to pre-election stage or also to the post-election stage and held that it applied to the preelection stage. He came to the same conclusion on considering the effect of the latter provision in cla...
Ram Hazoor Pandey Vs. State
Court: Allahabad
Decided on: Nov-14-1958
Reported in: AIR1959All409; 1959CriLJ796
B. Mukerji, J.1. This is an appeal by Ram Hazoor who has been convicted by the learned Sessions Judge of Gorakhpur under Section 302 of the Indian Penal Code and sentenced to death. Along with the appeal there is also a reference by the learned Judge for the confirmation of the sentence of death.2. According to the prosecution case, Ram Hazoor, a young man of 19 years, is alleged to have killed one of his collaterals, namely, Hardwar Pande, by attacking him with a gandasa on the night between the 6th and the 7th of November, 1957, when Hardwar Pande was sleeping in his osara along with his two grand-children, Markande, aged between 8 and 9, and Sadho alias Kripa Shanker, aged between 7 and 8 years. The motive for the crime was said to have been a subsisting enmity between Ram Hazoor and Hardwar Pande: this enmity is said to have been accentuated by an incident that took place during the Panchayat elections when the accused is alleged to have beaten the deceased and in respect of which ...
Satya NaraIn Sinha Vs. the State
Court: Allahabad
Decided on: Nov-14-1958
Reported in: AIR1959All703; 1959CriLJ1265
ORDERA.N. Mulla, J. 1. This is an application under Section 561-A, Cr. P. C. in which it is prayed that the proceedings in the Sessions Trial No. 52/1 of 1953 may be quashed as the applicant has been acquitted and unless a fresh commitment is made the trial cannot proceed. 2. There are two aspects which have been presented before met. The first contention has been that when the original commitment was made, the trial Court amended the charge and prosecuted the applicant only for a specific period and this amounted to his staying the prosecution of the applicant in respect of the other period and on a correct interpretation of Section 240, Cr. P. C, this stay amounts to an order of acquittal, The other, contention advanced before me is that this second prosecution is now sought to be revived after a lapse of more than 2 1/2 years and this amounts to a persecution and the Courts should not permit the prosecuting agency to persecute the applicant in this manner. 3. I will take up the firs...
Km. Asha Lata Vs. the Principal, Meerut College, Meerut
Court: Allahabad
Decided on: Nov-13-1958
Reported in: AIR1959All224
ORDERB.R. James, J.1. Can a student secure admission into an educational institution as of right, is the issue of importance this petition under Article 226 of the Constitution raises. No one denies the desirability of every boy and girl in the country being able to receive the education that he or she might want, but the question for decision before me here is whether a school or College can be compelled to admit him or her into the desired class.2. The facts are quite simple. The petitioner is Km. Asha Lata, daughter of one Om Prakash Gupta of Meerut. She was a student of the Meerut College, a College affiliated to the University of Agra. She appeared at the B.Sc. Final examination of that University in 1957 and passed. She then joined the M. Sc. Previous class in Botany in the College. She appeared for the M.Sc. Previous examination of University in 1958, but failed. Thereupon she expressed a desire to be readmitted to her old class for the sessions 1958-59.But the Colleg'e authorit...
Ram Deo Singh and ors. Vs. the State
Court: Allahabad
Decided on: Nov-13-1958
Reported in: AIR1959All511; 1959CriLJ936
ORDERM.C. Desai, J.1. It is not necessary that before a person can be convicted under Section 323 or 325, I. P. C. there should be a first information report; therefore, even if the first information report was not proved in this case it would not vitiate the conviction. The doctor who examined the injuries of the prosecution witnesses was examined before the charge was framed and was also cross-examined at considerable length. After the charge the applicants were asked by the magistrate whether they wanted to cross-examine any of the prosecution witnesses. They simply answered 'yes'. Obviously the answer given was vague.It does not necessarily mean that they wanted to cross-examine all the witnesses. Anyhow the doctor was summoned for cross-examination but he did not appear because he was transfered to another district and the magistrate ordered interrogatories to be issued for his examination on commission. The complainant failed to pay the fee for the issue of commission and no comm...
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