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Allahabad Court May 1959 Judgments

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May 06 1959

Tika Ram and ors. Vs. State

Court: Allahabad

Decided on: May-06-1959

Reported in: AIR1960All453

M.C. Desai, J. 1. This is an appeal by nine men from a judgment of a Sessions Judge, Meerut, convicting them under Sections 147, 323, 325, 424 and 452, I. P. C. One Hamarain obtained a decree from the court of the Additional Munsif, Ghaziabad, against Sunehri Jogi for a sum of money and put it into execution. The Munsif issued a warrant of attachment of Sunehri's property and it was given to Jageshwar Dayal amin for execution before 31st July, 1955. The amin went to the house of Sunehri judgment-debtor on 31st May 1955, at about 6 p. m. and attached two houses three buffaloes and two cows on their being pointed out by the decree-holder's son Om Prakash as property belonging to the judgment-debtor.The attached cattle were found inside the house of the judgment-debtor. The amin prepared a list of the attached property and handed over the attached cattle for custody to Chhajju, who executed a document acknowledging the entrustment of the attached cattle to him. He prepared a report about ...


May 05 1959

Mohi UddIn Vs. the Regional Transport Authority, Rohilkhand Region and ...

Court: Allahabad

Decided on: May-05-1959

Reported in: AIR1960All209

A.P. Srivastava, J.1. The petitioner had a permit for ply-Ins a stage carriage on the Budaun-Asafpur-Chandausi route in the Rohilkhand region. His permit was valid till the 17th of July 1956. He applied for a renewal of the permit on the 4th of July 1956, but his application was rejected on the ground that he had not complied with Rule 60 of the Motor Vehicle Rules, which required the filing of the application for renewal at least two months before the date on which the permit was to expire. Against the refusal to renew the permit the petitioner went up in appeal but his appeal failed.The appellate authority held that the petitioner should have complied with Rule 60 and that he had not shown sufficient grounds for not making the application for renewal in accordance with that rule. The petitioner now wants the order of the Regional Transport Authority dated the 6th of February 1957 rejecting his application for renewal and also the order of the appellate authority dated 7th February 19...


May 05 1959

Mohd. Sami Vs. State of Uttar Pradesh and ors.

Court: Allahabad

Decided on: May-05-1959

Reported in: AIR1960All218

ORDERS.S. Dhavan, J. 1. This petition under Article 226 of the Constitution raises the interesting question whether the expiry of one day and the commencement of the next are separated by any gap of time and whether a law purporting to extend the life of an Act expiring on 30-9-1952 at midnight could be effective if it was to take effect itself on the expiry of 30-9-1952. The petitioner prays for the quashing of the order of the Rent Control and Eviction Officer, Sultanpur, dated 6-12-1956, directing the brother of the petitioner, a man called Mohammad Mustafa to hand over the possession of a certain building to Murari Prasad respondent No. 4, who was allotted the building by the aforesaid officer.In view of the fact that the only argument submitted On behalf of the petitioner is that the Act was not validly extended, and any controversy as to facts is immaterial for the decision of the sole legal question in this case. Very briefly, the petitioner's case, as alleged in this affidavit,...


May 04 1959

Medical Officer of Health, Municipal Board, Agra Vs. State Through Pia ...

Court: Allahabad

Decided on: May-04-1959

Reported in: AIR1960All53

B.R. James J.1. Piarey Lal as a milk-seller of Agra City. On the 18th July 1956 the Food Inspector took a sample of the milk which he was selling in a can. On analysis the Public Analyst reported that the sample was deficient in far content by about 23 per cent, and that it contained 39 per cent, of added water. In consequence the Medical Officer of Health filed a complain, against him for an offence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act (Act XXXVII of 1954). The complaint specifically mentioned that he had a previous conviction Mr a similar offence, namely, hat he had been fined Rs. 250/- on 31-8-1956 by Sri R. P. Srivastava, Magistrate I class, Agra, under Section 7/16 of the Prevention of Food Adulteration Act, 1954, for milk adulteration.At the trial he was represented throughout by counsel. The Food Inspector was the solitary witness for the prosecution. In his deposition, after mentioning the relevan' facts of the offence at issue, he sta...


May 04 1959

Medical Officer of Health, Municipal Board Vs. State Through Piarey La ...

Court: Allahabad

Decided on: May-04-1959

Reported in: 1960CriLJ24

ORDERB.R. James, J.1. Piarey Lai is a milk-seller of Agra City. On the 18th July 1956 the Food Inspector took a sample of the milk which he was selling in a can. On analysis the Public Analyst reported that the sample was deficient in fat content by about 23 per cent, and that it contained 39 per cent, of added water. In consequence the Medical Officer of Health filed a complaint against him for an offence Under Section 7 read with Section 16 of the Prevention of Food Adulteration Act (Act XXXVII of 1954). The complaint specifically mentioned that he had a previous conviction for a similar offence, namely, that he had been fined Rs, 250/- on 31-8-1956 by Sri R. P. Srivastava, Magistrate I class, Agra, Under Section 7/16 of the Prevention of Food Adulteration Act, 1954, for milk adulteration.At the trial he was represented throughout by counsel. The Food Inspector was the solitary witness for the prosecution. In his deposition, after mentioning the relevant facts of the offence at issue...


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