Allahabad Court July 1966 Judgments
Nabi HusaIn Vs. State
Court: Allahabad
Decided on: Jul-29-1966
Reported in: AIR1967All445; 1967CriLJ1129
ORDERD.P. Uniyal, J.1. These two criminal revisions, one by Nabi Hussain and the other by Khalil, arise out of the same trial and may be disposed of by a common judgment.2. The two applicants have been convicted under Section 411 I. P. C. and each of them sentenced to one year's rigorous imprisonment.3. The prosecution case, in short, was as follows: On the night between the 9th and 10th January 1964, a theft was committed in the house of one Mohammad Husain in village Amberpur, Police Station Bilaspur. Another theft was committed in the shop of one Shyam Lal in the town of Bilaspur on the night between the 19th and 20th April 1964. As a result of the investigation by the police some stolen property belonging to the first theft was recovered from the house of the applicant Nabi Husain on 13th January 1964. In the course of the second search made on 5th May 1964, stolen property in respect of the two thefts was said to have been recovered on the pointing of Khalil accused from a heap or...
Tag this Judgment!Ram Nath Vs. Salig Ram Sharma
Court: Allahabad
Decided on: Jul-29-1966
Reported in: AIR1967All519; 1967CriLJ1463
ORDERD.P. Uniyal, J.1. These two connected revisions are directed against the Judgment of the Sessions Judge, Jaunpur, upholding an order of the Magistrate dismissing the complaint filed by the applicants on the ground that sanction to prosecute the accused under Section 197 Cr. P. C had not been obtained 2. There was an incident on the 19th October, 1963 in the town of Jaunpur in thecourse of which some students and members of the staff of a local college raided the railway station, looted it and damaged its property. In that connection several students, teachers and other persons were arrested on 20-10-1963 and taken to police station for interrogation. It was alleged that the applicants were arrested on the 20th October 1963 and were kept under detention at the police station till 8 p.m. During this period the Station Officer asked them to make a statement against the Principal of the College which they refused to do.Then at 2 p.m. on 21-10-1963 the Deputy Superintendent of Police a...
Tag this Judgment!Hari Saran Singh Vs. Patangal and anr.
Court: Allahabad
Decided on: Jul-28-1966
Reported in: AIR1967All486; 1967CriLJ1259
ORDERGyanendra Kumar, J. 1. One Bechu Singh was the opposite party in proceedings under Section 145 Cr.P.C. He died during the pendency of the case before the Magistrate. His legal representative had, therefore, to be brought on the record. The applicant, Hari Saran Singh, claimed to be the son of Bechu Singh deceased, who, according to him, was also known as Baldeo Singh. Therefore, he made an application before the Magistrate praying for being impleaded as party to the proceedings in place of Bechu Singh deceased. The Magistrate examined the Sabhapati and Lekhpal of the village with their respective records, under Section 540 Cr.P.C., and relying on their statements the Magistrate held on 29-6-1963 that Bechu Singh deceased had no alias of being called Baldeo Singh and that the name of the applicant's father being Baldeo Singh, he was not the heir or legal representative of Bechu Singh deceased. The applicant went up in revision before the Sessions Judge which was dismissed by him on...
Tag this Judgment!Jia Lal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-27-1966
Reported in: AIR1967All420; 1967CriLJ1121
ORDERGyanendra Kumar, J.1. These three revisions can be disposed of by a single judgment, inasmuch as they arise out of a single proceeding.2. Jia Lal, (who is applicant in all these three revisions) filed a complaint on 22-5-61 under Section 447 and certain other sections of the I. P. C. against Allah Bux and Pancham, opposite parties, before the Nyaya PanchayatPachgain on the allegations that he. was the owner of plot No. 171 situated in village Garni Harnather and that the aforesaid accused had unlawfully constructed their houses thereon. The two accused set up a plea that they had been granted permission by the complainant s mother Smt. Bhagwani Devi to construct their houses for which they had paid due consideration to her Karinda Sheru (opposite party No. 2 in Revision No. 1713). In support of their contention they respectively filed ijazatnamas Exts. Kha-1 and Kha-2 said to have been executed by the applicant's mother in their favour. Later on the jurisdiction of the Nyaya Panch...
Tag this Judgment!Lakhan Lal Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Jul-27-1966
Reported in: (1968)ILLJ43All
B. Dayal, J.1. This is a second appeal by the plaintiff whose services were terminated by the Collector and he filed a suit which has given rise to this appeal for a declaration that the order of the Collector dated 33 October 1958 terminating his services was void, ineffective and was not binding upon the plaintiff.2. The facts of the case are not in dispute, that the plaintiff had been employed several times by the collector of Fatehpur as an extra typist according to the needs at the time and was paid out of contingency funds. In 1958 several charges were framed against the plaintiff and they were enquired into. The collector came to the conclusion that all the charges were proved against him and before coming to that conclusion a full opportunity was given to the plaintiff. After coming to the conclusion that the charges had been proved, the collector observed as follows:As discussed above I find that all the charges except charges 3 and 7 are proved against Lakhan Lal. He is found...
Tag this Judgment!Thakur Das and anr. Vs. State
Court: Allahabad
Decided on: Jul-26-1966
Reported in: AIR1967All495; 1967CriLJ1455
Mahesh Chandra, J. 1. These are three connected appeals--criminal appeal No. 699 of 1965 filed by Thakur Das and Gajraj. criminal appeal No. 700 of 1965 filed by Girja Shanker. Suraj Singh, Laxmi and Ratan and criminal appeal No. 702 of 1965 filed by Bulley All of them have been convicted under Section 302/ 149 I.P.C. for committing the murder of Mazboot Singh and Ram Sahai and under Section 307/149 I.P.C. for attempting to murder Lakhan Lal. Laxmi. Ratan and Gajraj appellants have been sentenced to life imprisonment under Section 302/149 I.P.C., and Thakur Das, GirjaShanker, Suraj Singh and Bulley have been sentenced to death. Under Section 307/140 I.P.C. all the appellants have been sentenced to undergo ten years' rigorous imprisonment Girja Shanker and Bulley have been convicted under Section 148 I.P.C. and sentenced to undergo two years' rigorous imprisonment. Laxmi, Suraj Singh. Ratan, Thakur Das and Gajraj have been convicted under Section 147 I.P.C. and sentenced to undergo two ...
Tag this Judgment!Sheoraj Singh and anr. Vs. the State
Court: Allahabad
Decided on: Jul-19-1966
Reported in: AIR1967All528
ORDERGyanendra Kumar, J.1. These are three connected revisions arising out of the same trial and can be disposed of by a single judgment Sheoraj Singh, Sher Singh and Raghunandan are residents of village Parasari, while Ram Singh and Chandrapal are residents of village Langotia. They have all been convicted under Section 365 I.P.C. Raghunandan. who is a lad of about 14 years, has been sentenced to one year's rigorous imprisonment, while the remaining applicants to two years rigorous imprisonment 2. Briefly stated the prosecution case is that on 8-10-63 at about 4 or 5 P.M. Raghunandan applicant, who was a school fellow of Brijbhan Singh, came to the letter's house and asked him to accompany him to see a partridge fight. Brijbhan Singh admits that he was fond of witnessing such flght and that there were several persons in the village, who used to rear partridges. Brijbhan Singh therefore, readily accompanied Raghunandan, who first took him to a grove of Umrao Singh. As partridges wereno...
Tag this Judgment!The General Manager, North Eastern Railway and ors. Vs. Paras Nath Tew ...
Court: Allahabad
Decided on: Jul-14-1966
Reported in: AIR1967All576; [1967(14)FLR226]; (1967)IILLJ77All
B. Dayal, J.1. These are two connected references by a single Judge of the Court The only question to be answered is:'Does the District Court hearing the appeal under Section 17 of the Payment of Wages Act act as a civil court subordinate to the High Court or function as a persona designate?' The question, as it is framed, confines the answer only to the effect whether the District Court hearing an appeal under Section 17 is a civil court subordinate to the High Court or is a persona designate Section 15 of the said Act provides as follows:'The State Government may, by notification in the Official Gazette appoint any Com-missioner for Workmen's Compensation or other officer with experience as a Judge of a civil court or as a stipendiary Magistrate to be the authority to hear and decide for any specified area all claims arising out of deductions from the wages or delay in payment of the wages, of persons employed or paid in that area.'By Section 17, an order, either dismissing an applic...
Tag this Judgment!Gauri Shanker Pandey and anr. Vs. Chandari Girja Prasad Singh
Court: Allahabad
Decided on: Jul-08-1966
Reported in: AIR1967All262
B. Dayal, J. 1. This second appeal has been referred to this Division Bench by a learned single Judge of this Court because of a conflict in two single Judge decisions of this Court.2. The facts of the case are very simple and are not in controversy. The defendant was a zamindar of the land. He got one Bachchu Tewari and Ram Adhar Tewari who were tenants of the land ejected under Section 171 of the U. P. Tenancy Act. After ejecting these two tenants on the 19th of April 1944 the defendant let out this land for agricultural purposes by a registered Patta in favour of the plaintiff. In that transaction the defendant accepted Rs. 950 as premium or Nazrana and settled the land with the plaintiff at Rs. 7 per year as rent and conferred hereditary rights upon the plaintiff. Subsequently by an amendment of the U.P. Tenancy Act it was enacted that Bachchu Tewari and Ram Adhar Tewari could take back possession of the land and consequently they filed a suit which was decreed and it was held that...
Tag this Judgment!State of U.P. Vs. Laxmi Narain
Court: Allahabad
Decided on: Jul-08-1966
Reported in: AIR1967All585; 1967CriLJ1593
ORDERK.C. Puri, J.1. This is a Government appeal against the acquittal of Lashmi Narain by the Additional District Magistrate, Kheri. The respondent was prosecuted for an offence undersub-rule (9) of Rule 126 of the Defence of India Rules 1962 read with Clause 19(a) of the U. P. Foodgrains (Control, Requisition and Distribution) Order, 1963, hereinafter referred to as Order, The respondent was found in possession of 106 Quintals 32 K.Gs. and 500 Grans of foodgrains on 26-9-1964 at 7 A.M. This Stock was in excess of the prescribed limit, that is, 100 Quintals and was found stored for over a week. It was further found by the Magistrate who had effected raid that the respondent had kept his stock register wherein the entries were posted only upto 24-9-1964. He was consequently found to have committed breach of the condition of Clause 3(ii) of the Foodgrains Licence of Form B as granted under the U. P. Foodgrains Dealers Licensing Order. 1964.2. The respondent had not disputed the recovery...
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