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Allahabad Court February 1958 Judgments

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Feb 11 1958

Union Sugar Mills Co. Vs. U.P. Government and ors.

Court: Allahabad

Decided on: Feb-11-1958

Reported in: AIR1958All526

N.U. Beg, J. 1. This is an appeal by the Union Sugar Mills Company. It arises out of certain acquisition proceedings taken under the U. P. Town Improvement Act (Act No. 8 of 1919). 2. It appears that the appellant was claiming to be the permanent lessee of 15 bighas, 19 biswas and 19 biswansis of land under leases dated the 18th December, 1919, the 20th April, 1921, the 8th July 1921 and the 22nd February 1925. The Improvement Trust Kanpur took acquisition proceedings in respect of this land under the U. P. Town Improvement Act (Act No. 8 of 1919) hereinafter called 'the Act.' Thereafter, three notifications were issued in respect of this land under Section 36 of the Act. The first notification was issued on the 17th of January, 1920, the second was issued on 24th of January, 1920, and the third was issued on the 31st of January, 1920. On the 18th of January 1921, a notification under Section 42 of the Act was issued. On the 3rd of August, 1944, the land Acquisition officer made an awa...


Feb 10 1958

Mohammad Ibrahim Vs. Gopi Lal and anr.

Court: Allahabad

Decided on: Feb-10-1958

Reported in: AIR1958All691; 1958CriLJ1256

B.R. James J.1. On a complaint by one Mohammad Ibrahim, a resident of the town of Khurja, certain persons were tried for an offence under Section 257, I. P. C. before a Magistrate and convicted, while their appeal before the Sessions Judge was allowed On 22-6-1957 and their acquittal ordered.Thereupon, Mohammad Ibrahim on 30-8-1957 made an application under Clause (3) of Section 417 of the Code of Criminal Procedure for grant of special leave to appeal from the order of acquittal. This application was obviously beyond, the period of sixty days prescribed by Clause (4) of Section 417.Subsequently on 26-9-1957, Mohammad Ibrahim made an application under Section 5 of the Limitation Act praying for extension of the period of limitation. When Section 5 application came up far hearing before our brother Desai it was argued before him that Section 5 of the Limitation Act could not apply to an application under Section 417(3) of the Code.He considered the matter and held that the contention wa...


Feb 03 1958

Kanyialal Vs. Inspector General of Police Northern Range, Bareilly, U. ...

Court: Allahabad

Decided on: Feb-03-1958

Reported in: AIR1958All560; 1958CriLJ983; (1958)IILLJ25All

O.H. Mootham, C.J.1. This is an appeal from an order of Mr. Justice Chaturvedi dated the 7th February, 1957, dismissing a petition under Article 226 of the Constitution. On the 22nd October, 1955 the appellant who was a police constable, was served with a charge sheet under Section 7 of the Police Act in which it was alleged that he had been remiss in the discharge of his duties as a police officer and unfit for the same in that he had committed certain acts of misconduct, particulars of which were specified in the charge. The Deputy Superintendent of Police, who conducted the inquiry found the charges to be established, and by an, order dated the 22nd May, 1956 he dismissed the appellant from police force. The appellant then appealed to the Inspector General of Police. Northern Range, Bareilly, but his appeal was dismissed by an order dated the 12th October, 1956. The appellant then filed a petition in this Court in which he questioned the validity of the order dismissing him from ser...


Feb 03 1958

Bicchu Vs. the State of U.P.

Court: Allahabad

Decided on: Feb-03-1958

Reported in: AIR1958All791; 1958CriLJ1367

Raghubar Dayal, J.1. Bichhu alias Saktu appeals against his conviction and sentence of death under Section 302 of the Indian Penal Code for having committed the mur-der of Smt. Bataso who had been given to his keeping after the death of her husband Ragho.2. The prosecution case is that on account of tile accused's ill treatment of her Srimati Bataso and lier daughter by Ragho, shifted from the accused's house to a kothri some time before this incident, which took place at 2 a. m. on 17-3-1957. The accused came to her kothri that night and remained there till Bataso returned at about 11 p. m. after attending to a case of child birth. She could not succeed in sending him away and went to sleep. The accused attacked her and Ram Bati her daughter with a knife at about 2 a. m. The cries brought to the spot Durga Prasad and Gulzari whose house was just opposite the kothri of Bataso, Babu Dhanuk who was sleeping at a short distance from her kothri, and Babu Nai whose shop is about 25 paces aw...


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