Allahabad Court May 1958 Judgments
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Smt. Shama Bai and anr. Vs. State of Uttar Pradesh, Lucknow and ors.
Court: Allahabad
Decided on: May-26-1958
Reported in: AIR1959All57
ORDERJ. Sahai, J.1. The points involved in this writ petition are similar to those in Civil Misc. Writ No. 1371 of 1958 which I have disposed of today. Both these writ petitions were heard together and no separate arguments were addressed in either of them. In my order in writ petition No. 1371 of 1958 I have dealt with the questions raised in these two petitions in some detail, and for the reasons given in that order I reject this petition. Civil Miscellaneous Writ No. 1371 of 1958. 1-a. The petitioner has come to this Court on the allegation that she is a prostitute aged 24 years and is also a singer. She resides in premises No. 54-A, Mohamad Ali Park, Allahabad, of which the respondent No. 5 is the landlord and the respondent No. 4 the chief tenant. Her allegation is that prostitution is her hereditary trade and the only means of her livelihood as also that of her cousin sister and two younger brothers who are her dependants and who wholly live on her earnings made by prostitution. ...
Ganga Singh Vs. Raj Bahadur Singh and ors.
Court: Allahabad
Decided on: May-22-1958
Reported in: AIR1958All803; 1958CriLJ1369
M.C. Desai, J. 1. This is a reference made by the Sessions Judge of Rae-Bareli against an order of the Sub-DivisionalMagistrate, Mandal, terminating proceedings under Section 145 o the Code of Criminal Procedure on the ground that there was no longer any apprehension of a breach of the peace. The applicant before us made a complaint to the learned Sub-Divisional Magistrate to the effect that there existed a dispute relating to certain plots of land, which was likely to cause a breach of the peace. The learned Magistrate being satisfied that such a dispute existed issued a preliminary order under Sub-section (1), in response to which he appeared before him and led evidence. He then dropped the proceedings by the order sought to be revised. He said in his order that the question before him was whether there was any apprehension of a breach of the peace or not, referred to the statement of the applicant himself to the effect that no quarrel had taken place regarding possession, and held t...
Ram Nandan Vs. State
Court: Allahabad
Decided on: May-16-1958
Reported in: AIR1959All101; 1959CriLJ1
M.C. Desai, J. 1. This is an appeal from a judgment of the Sessions Judge, Basti, convicting the appellant under Section 124-A, I. P. C., and sentencing him to imprisonment for three years. On 29-5-1954, he delivered a speech to an audience of about 200 persons, mostly villagers. The gist of his speech was this : Mothers and sisters were obliged to sell their honour in order to support themselves. Labourers were obliged to beg. Thousands of cultivators and labourers were famishing for want of food. School fees and railway fares were increased two-times and four-times so that cultivators may not remain happy, In the Congress regime thousands of Sitas were being abducted and women were turning into prostitutes for the sake of food and clothing. Taxes were being imposed on deaths and births. Cultivators' and labourer's blood was being sucked through foreign capitalists. Labourers of U. P. had now organized themselves. Now they will not beg for pity but will take up cudgels and surround th...
Official Liquidator Vs. Sri Krishna Deo and ors.
Court: Allahabad
Decided on: May-16-1958
Reported in: AIR1959All247
ORDERB. Upadhya, J.1. This is an application by the Official Liquidator praying for declaration that the holders of the third series of debentures of the U. P. Oil Industries Ltd., now in liquidation, are not secured creditors of the Company.2. This Company was ordered to be wound up on the 11-5-1956. After investigating into the assets and liabilities of the Company the Liquidator found that it had three series of debentures. The first series of debentures were allotted to 8-4-1948 for a total sum of Rs. 1,50,000/-. A Debenture Trust Deed was executed and registered with the Registrar, Joint Stock Companies, Lucknow and also in the office of the Sub-Registrar, Lucknow under the Indian Registration Act.The second series of Debentures were issued on 23-6-1950 for a sum of Rs. 100,000/-. For this series also a debenture Trust Deed was executed and it was registered with the Registrar, Joint Stock Companies Lucknow as well as in the office of the Sub-Registrar, Lucknow under the Indian Re...
Moti Lal Vs. Mangla Prasad and ors.
Court: Allahabad
Decided on: May-16-1958
Reported in: AIR1958All794
M.L. Chaturvedi, J. 1. This is an appeal under Section 116A of the Representation of the People Act of 1951 (hereinafter called the Act) against the judgment of an Election Tribunal dismissing the election petition filed by the appellant.2. The appellant Sri Moti Lal is an elector in the double member of U. P. Legislative Assembly Constituency No. 179 known ay Meja Constituency, in the district of Allahabad. One seat in the constituency was reserved for a member of the scheduled caste and the other seat was a general one. The respondent No. 1 Sri Mangla Prasad was acandidate for the general seat and was set up by the Congress party and respondent No. 3 Sri Salig Bam Jaiswal was also a candidate for the seat and was set up by the Praja Socialist party.The two Scheduled caste candidates were respondent No. 2 Sri Jokhai Ram on behalf of the Congress party, and respondent No. 4 Sri Bansrupon behalf of the Praja Socialist Party. The poll was held on the 25th February, 1957, but it subsequen...
Babu Ram and ors. Vs. State
Court: Allahabad
Decided on: May-16-1958
Reported in: AIR1958All838; 1958CriLJ1446
J.N. Takru, J.1. This revision application is directed against .1 judgment of the learned Sessions Judge of Budaun by which he affirmed in appeal a judgment of the learned Assistant Sessions Judge of that place convicting and sentencing each of the applicants under Section 147 I. P. C. to one and a half years' R. I. and under Sections 295/149, 332/149; 333/149 and 188 I. P. C. to one and a half years R. L two and a half years' R. I., four years' R. I. and six months' R. I. respectively. Shyam Lal was further convicted and sentenced under Section 148 I. P. C. to two and a half years' R, I. and Babu Ram was also convicted under Section 426 I. P. C. and sentenced to three months' R. I. The sentences in all cases were ordered to run concurrently.2. The revision application first came up for hearing before our brother Vishnu Dutt who referred it to a Division Bench in view of the importance of the question of law involved in it.3. The prosecution case may be outlined briefly. Every year in ...
Dau Dayal and anr. Vs. State
Court: Allahabad
Decided on: May-14-1958
Reported in: AIR1959All45
ORDERN.U. Beg, J. 1. All these four criminal revisions have been connected together as they raise a common question of law. The applicants in all these four revisions were arrayed as accused in complaints filed by various parties under Sections 482, 483, 485, 486 and 420 I.P.C. 2. So far as Sections 482, 483, 485 and 486 are concerned, the prosecution of the accused under those sections is governed by Section 15 of the Indian Merchandise Marks Act, 1889, (Act No. IV of 1889). On the basis of Section 15 of this Act, it was argued on behalf of the applicants that the present complaints were barred by limitation. Section 15 of the said Act provides as follows : '15 No such prosecution as is mentioned in the last foregoing section shall be commenced after the expiration of three years next after the .commission of the offence, or one year after thefirst discovery thereof by the prosecutor, whichever expiration first happens.' 3. In the present case it was argued on behalf of the applicants...
State Vs. Thakur Prasad and ors.
Court: Allahabad
Decided on: May-14-1958
Reported in: AIR1959All49; 1959CriLJ9
D.N. Roy, J. 1. This is an appeal by the State against an order of acqtiittnl of the respondents who were charged with an offence punishable under Section 292 of the Indian Penal Code. Respondent. No. 1 Thakur Prasad Gupta is a bookseller at Banaras and he owns a press known as the Bombay Prers. Ram Lagan Pandoy respondent No. 3 is the author and writer of a book in Hindi Styled as 'Asli Kokshastra.' Prasad Gupta respondent No. 2 is the publisher of the book which was printed at his press known as the 'Swatantra Bhirat Press' of Banaras. On 29-6-1953, upon a raid by the police of the shop of Thakur Prasad Gupta fifty copies of the book were recovered in the presence of this accused. On 5-7-1953 another raid was made by the police on the Bombay Press and the Swatantra Bharat Press and several copies of the book hod been recovered along with ten blocks and certain paper covers of these books containing a nude picture of a woman. In that raid, it was alleged certain books styled as the 'R...
Ram Singh Vs. State
Court: Allahabad
Decided on: May-13-1958
Reported in: AIR1959All518; 1959CriLJ1134
A.N. Mulla, J.1. Appellant Ram Singh has been convicted under Section 302 I. P. Code by the Additional Sessions Judge, Unnao, and sentenced to death. Five other accused persons, namely Kirpa Shanker alias Lala Misra, Krishna Kumar alias Chhuttan, Mahesh Prasad, Lallu and Brahma Kishore alias Phunnar, were also prosecuted in this case but they were acquitted. The charge against the appellant and the other accused persons was that they committed a riot with deadly weapons, such as pistols and guns, on the night between the 14th and 15th July, 1956, near the culvert of village Bighapur and in pursuance of the common object of the unlawful assembly they committed the murder of Shankeri Brahmin by shooting him dead. The learned Judge has made the usual reference for the confirmation of the death sentence awarded to the appellant.1A. The prosecution story is that Shankeri deceased resided in village Ghatampur, Police Station Bara Sagwar, district Unnao, and ostensibly he carried on the profe...
Deoki Nandan Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-12-1958
Reported in: AIR1959All10
O.H. Mootham, C.J. 1. This is an application for leave to appeal to the Supreme Court from an order of an appellate Benchof this Court dated 25-10-1957, dismissing an appeal from an order of the Court on its original side rejecting a petition under Article 226 of the Constitution. It is common ground that the order of this Court involves directly or indirectly a claim respecting property of a value much in excess of Rs. 20,000 and the applicant contends that he is entitled an of right to a certificate under Article 133(1) of the Constitution.This claim is resisted by the respondents on theground that as the order of this Court on its appellate side affirmed the decision of the Court on itsoriginal side, it is necessary for the Court further to certify that the appeal involves some substantial question of law; and that no such question arises.2. Now Clause (1) of Article 133, so far as is material for the present purpose, reads thus :'133 (1) An appeal shall lie to the Supreme Court fro...
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