Allahabad Court August 1966 Judgments
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Chokhey and ors. Vs. State
Court: Allahabad
Decided on: Aug-04-1966
Reported in: AIR1968All49; 1968CriLJ218
1. This is an appeal by Chokhey and six others all of whom have been convicted under Sections 307 and 323 read with Section 149 of the Indian Penal Code and each sentenced to six years R. I. for the offence punishable under Section 307/149 and to one year's R. I. for the other offence. They have also been convicted for rioting. Babu Ram and Roop Lal who according to the prosecution case were armed with country-made pistols at the time they committed the offence of rioting were convicted under Section 148 I. P. C. and each sentenced to two years R. I. while the remaining five appellants were convicted under Section 147 I. P. C. and each sentenced to one year's R. I. All the sentences were ordered to run concurrently. 2. This appeal first came up for hearing before a learned Single Judge of this Court, He referred the appeal to a larger Bench because in his opinion there was some conflict of decision on the point of presumption to be drawn from the use of fire arm in rases where injury d...
Bhagwan DIn and ors. Vs. State
Court: Allahabad
Decided on: Aug-03-1966
Reported in: AIR1967All580; 1967CriLJ1588
S.D. Khare, J.1. This is an appeal by Bhagwan Din and nine others, all of whom have been convicted for the offence of rioting and making attempts to commit the murders of Murlidhar and Phakkar (P. Ws. 1 and 2) by causing gunshot injuries to them. It first came up for hearing before a learned single Judge of this Court, who referred it to a larger Bench, Connected with it is Criminal Revision No. 1780 of 1966 filed by four of the appellants and their sureties.2. The occurrence is of 26th February, 1963. and it took place in the village of Bisra within police circle Bisra, district Banda. Phakkar (P W 2) had, at about 6 a.m. gone towards Banha Talab to ease himself and Murlidhar (P. W. 1) had also gone that very side to bring green fodder for his cattle. After Phakkar had eased himself and had proceeded in the company of Murlidhar towards Sarju Dube's field the ten appellants, out of whom Ram Kumar was armed with a pistol, Shivball and Ham Kishun were armed with guns and the remaining se...
Ram NaraIn Singh Vs. Banaras Hindu University and ors.
Court: Allahabad
Decided on: Aug-02-1966
Reported in: AIR1967All535
ORDERK.B. Asthana, J.1. This is a petition under Article 226 of the Constitution by Ram Narain Singh, who was a student of B. A. (Part III) in the Central Hindu College of the Banaras Hindu University. The petitioner has questioned the legality and the validity of the action taken by the Standing Committee of the Academic Council of that University expelling him from the University.2. It appears that in the Birla Hostel attached to the college some incident took place in January. 1965. The Principal of the College submitted a confidential note dated 10-2-1965 to the Deputy Registrar (Academic) concerning the said incident. A copy of the said note, is Annexure 'B'' to the counter-affidavit. According to the said note, the petitioner was found guilty of harassing one Devendra Nath Sharma, an inmate of the hostel, and is said to have admitted his fault. The Principal recommended that the incident having created a panic among young generation of the hostel inmates some serious action ought...
Sree Sitaram Sugar Company, Ltd. Vs. Labour Court and ors.
Court: Allahabad
Decided on: Aug-02-1966
Reported in: (1967)ILLJ362All
Jagdish Sahai, J.1. This is a special appeal directed against the judgment of Bhagwan Das Gupta, J., dated 30 October 1064 dismissing Writ Petition No. 1526 of 1961 filed by the appellant, Sree Sitaram Sugar Company, Ltd. (hereinafter referred to as the appellant).2. By means of the writ petition aforesaid, the award given by the labour court, Gorakhpur, was sought to be quashed on the ground that the State Government on 28 February 1961 had revoked the notification dated 26 October 1960 purporting to act under the provisions of Section 6G of the Uttar Pradesh Industrial Disputes Act (hereinafter referred to as the Act). That provision so far as relevant for our purposes reads:6G. Power to transfer certain proceedings.-(1) The State Government may, by order in writing and for reasons to be stated therein, withdraw any proceedings under the Act, pending before a labour court or tribunal or transfer a proceeding from one labour court or tribunal to ' another labour court or tribunal, as ...
Sri Krishna Gupta and anr. Vs. Shri Ram Babu and ors.
Court: Allahabad
Decided on: Aug-01-1966
Reported in: AIR1967All136
B. Dayal, J.1. This Second Appeal by the defendants has been referred to a Division Bench by a learned single Judge of this Court as an important question relating to the validity of the attachment was to be decided. The facts of the case are not in dispute and may be stated briefly as follows : One Pt. Babulal Misra (defendant No. 1) was the owner of house No. 86/155 Raipurwa, Kanpur city. L. Srikri-shna Gupta and L. Mahabir Pd. Gupta (defendants Nos. 2 and 3) filed a suit (suit No. 174 of 1950) for realisation of money against defendant No. 1. On the 2nd of May, 1950 they applied for attachment before judgment of the house in question. The trial court, on the said application, passed the following order: 'Issue notice and attach meanwhile'. This is Ext. 3 on the record. On the 3rd of May, 1950 notice was issued against defendant Pt. Babulal Misra prohibiting him from alienating the property (Ext. 4). On the same date, a warrant of attachment was also issued (Ext. B-9) specifying the ...
Ram Raj and ors. Vs. State
Court: Allahabad
Decided on: Aug-01-1966
Reported in: AIR1967All543; 1967CriLJ1579
S.D. Khare, J. 1. Ram Raj Anant Ram and Bhagauti all residents of village Lorikpur, within police circle Kotwali, district Sultanpur have appealed against their conviction under Section 302 read with Section 34 I. P. C. and sentence of imprisonment for life to each 2. The prosecution case, briefly stated, was that there had been a Rood deal of dispute between Ramraj Tewari (deceased) a resident of village Bachanpur, on the one hand and the fathers of Ram Raj and Anant Ram (appellants) on other regarding some land left by Behari. The contention of Ramraj Tewari was that he had been in possession of that land. The mutation court in the year 1958 recorded a finding on the point of possession in favour of Jaduram, father Ram Raj (appellant) and Ram Naresh, father of Anant Ram (appellant). Even after that decision Ram Raj Tewari (deceased) continued to remain in possession over that land. Jaduram and Ram Naresh did not institute a civil suit against Ramraj Tewari. Proceedings under Section ...
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