Court : Allahabad
Reported in : AIR1955All81; 1955CriLJ261
..... magistrate to pass an order like the one complained of, the order could not be an executive order and it being an order passed by a magistrate in his capacity as a magistrate it must be deemed to be an order passed by a criminal court and, therefore, subject to the revisional powers of this court.it is true that for the validity of any executive order the authority passing the order must derive authority from some law but it does not necessarily follow that if an order is passed ..... city magistrate in his explanation to the sessions judge stated that he had passed the order complained of in his executive capacity and not as a court. ..... the learned sessions judge has made this reference to this court recommending that the order of the magistrate for the delivery of the child to jagannath be set aside and the child be ordered to be restored to the custody of shayama charan. ..... reference is -- 'in re howka ramalakshmi, 1 weir 348 (a)' the reference says:'but children are not property and the court cannot, under this section, pass orders regarding the custody of children. ..... shyama charan by the police for a temporary period and in view of his order dated 1-6-1953, shyama charan had no claim. ..... shyama charan applied to the city magistrate praying for the recall of the order expressing his failure to understand the law under which the order for the delivery of the child to jagannath was passed and also the fact that a minor's custody is governed by the provisions of the guardians and wards act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All150
..... unable to perform the whole of his part of it, but the part which must be left unperformed bears only a small proportion, to the whole in value and admits of compensation in money, the court may at the suit of either party direct the specific performance of so much of the contract as can be performed and award compensation in money for the deficiency,'24. ..... partly allow the second appeal and set aside the judgment and decree or the civil and sessions judge dated 5th january, 1966, and restore that of the trial count except for ..... can only enforce the contract compelling the other side to execute the sale deed failing which the court might execute a sale deed for the defendant, but the rights and liabilities under the contract ..... consolidation of holdings act, 1953 prohibits the transfer by way of sale or gift or exchange any part of the holding in the consolidation area without the permission of the settlement officer (consolidation) and as an agreement to sell is included in the ..... filed by the plaintiff decree-holder for amending the decree by substituting the new plots was rejected by this court in revision on the wrong assumption that the application under section 152, civil p.c. ..... and sessions judge reversed the decree of the trial court. ..... hira singh, 1969 all lj 189 a learned single judge of this court held:'the decree for specific performance would relate to the chaks and valuations mentioned in the order of the settlement officer (consolidation) dated 28th august, 1966, instead .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All141; 1956CriLJ189
..... three separate prosecutions were started on the basis of the three inspections dated 31-1-1953, 13-2-1953 and 13-3 1953 in addition to the prosecution which was based on the inspection dated 29-12-1952. ..... the first point raised by the learned sessions judge is that, the record maintained by the trial court was defective. ..... these three connected references by the learned sessions judge of etawah arise out of three connected prosecutions under the u. ..... i, therefore, agree with the learned sessions judge that, the successive prosecutions of the accused for the defaults is hit by the principle that, no person shall be prosecuted and convicted for the same offence more than once. ..... the learned sessions judge has observed that, this note was not sufficient to give the accused an idea of the nature with alleged ..... these, three orders of conviction ram narain filed three separate revision applications before the learned sessions judge of etawah. ..... , prosecuted under section 64 (c), excise act for wilful failure to pay monthly instalments in breach of the conditions of the licence ..... wilfully does or omits to do anything inbreach of any of the conditions of the licence, permit or pass not otherwise provided for in this act shall be punished ............................. ..... section 64(c) of the act states: 'whoever being the holder of a licence ...... ........... ..... excise act was noted ..... act. ..... in all these cases the accused has been convicted under section 64 (c) of the act. ..... excise act. 4 ..... act. ..... act. ..... excise act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All73; 1956CriLJ21
..... special benefits accruing in a trial before a panchayati adalat, but we can see of no such benefits to the accused and, therefore, we are of the opinion that the legislature in its wisdom intended to have a transfer of a trial from the court of a magistrate to that of a panchayati adalat at a stage which was, .so to speak the earlier stage of a trial, even though it may be that in certain cases the transfer order by a magistrate may bave to he made by him after he has ..... further difficulty that we see is that a panchayati adalat is not a court subordinate to a sessions court. ..... 2036 of 1953 has arisen, was heard by the learned sessions judge of gorakhpur, ..... 959 of 1953 has arisen, was heard by the learned additional sessions judge of jaunpur, mr. ..... this section we do not discover any power vested in the appellate court to make a remand to the trial court with specific directions as to how that court is to act. ..... 959 of 1953 to this extent that we setaside the order of the additional sessions judge ofjaunpur directing the case to be sent to the trialcourt for being again sent to the panchayati adalatfor a trial 'de ..... state', air 1953 all 334 (c) ..... 2036 of 1953 is dismissed and theconvictions and sentences of the applicants undersection 323 and section 426, i. ..... air 1953 all 367 ..... 2036 of 1953 also the magistrate convicted the accused both under section 323 and section 440 i. ..... 959 of 1953 the learned magistrate who tried the case convicted the accused both under section 440 and section 323, i. .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)2UPLBEC1150
..... --in this chapter--(a) the expression 'district judge' includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge;(b) the expression 'judicial service' means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the ..... banerjee, air 1958 all 323, division bench interpreted the expression 'a person who has been a judge' and explained that the said phrase used in section 86(3), representation of people act means a person who has, at some time, held office as judge but it does not necessarily mean that the person must be holding office as a judge at the ..... on or after 1.1.1959 and not later than 1.1.1966...............................last date for submission of duly completed form before the conce(sic) district judge or the registrar/registrar general, high court, allahabad is 16.8.2000 by 5 p.m.the manner in which the application shall be submitted and other details are contained in 'instruction to the candidates' which will be sent alongwith the application form.'19. ..... uttar pradesh higher judicial service rules, 1953, quoted below ready reference read :'5. ..... aforesaid rules 1953 have been replaced by rules, 1975 which brought in distinct and clear ..... of rules 1953 required that advocate .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All694
..... in the conduct of the trial from the stage at which the enquiry started in the court of the committing magistrate to the date when the learned sessions judge made his order, which is the subject-matter of this revision, namely, 15-12-1952, there has not only been an extraordinary amount of delay, but there has also been a good deal of recording of ..... an application in revision by the state against an order of the learned sessions judge of lucknow holding that by virtue of section 7 of the criminal law amendment act (act 46 of 1952), he had no jurisdiction to continue the trial of the ..... there is, we find, no provision in the criminal law amendment act (act 46 of 1952) whereby a judge seized of a sessions trial has been authorized or directed to send such a case to a special judge, under the scheme of this amendment, trials by special judges commence on a commitment made to them in that behalf ..... before the committing magistrate on 6-4-1950, and an order of commitment was made by the magistrate on 28-5-1951, that is to say, the proceedings remained in the court of the magistrate for over one year; indeed 72 witnesses were examined before the magistrate on behalf of the prosecution. ..... is in these words: 'all cases triable by a special judge under section 7 which, immediately before the commencement of this act, were pending before any magistrate shall, on such commencement, be forwarded for trial to the special judge -having jurisdiction over such ..... ', reported in air 1953 mad 451 (a), where .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All397; 1955CriLJ1025
..... as follows:'where any bill may have been or shall be introduced in this present or any future session of the state legislature for the continuance of any act which would expire in such sessions, and such act shall have expired before the bill for continuing the same shall have received the assent of the president or governor, as may be necessary, such continuing act shall be deemed and taken to have effect from the date of the expiration of the ..... act intended to be continued, as fully and effectfully, to all intents and purposes as if such continuing act had actually passed before the ..... the indian penal code does not exempt an act done under a mistake of law from the operation of the penal law but, it is obvious that if a person accepts the decision of a full bench of the high court in the state (from which no appeal has been preferred to the supreme court) as a guide to his conduct, he commits nothing more than a technical offence if that view is later not accepted as laying down the correct law. ..... 1474 of 1951 (d), the first of which was decided by a division bench as late as the 9th march 1953 and related to the same order. ..... 1581 of 1953 (c), and -- 'kunji lal v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All364
..... date was not disclosed and had it been disclosed in all probability the petitioner would have foundered on the rock of article 7 even in the habeas corpus petition moved before this court it was kept a closely guarded secret and in order to lay the foundation for raising a legal argument it was for the first time stated in the rejoinder affidavit that the petitioner left for pakistan in ..... it may be noted that according to the definition as it stood in 1953 when the petitioner entered india, the word foreigner meant a person who (1) is not a natural-born british subject as defined in sub-sections (1) and (2) of section 1 of the british nationality and status of aliens act, 1914, or (2) has not been granted a certificate of naturalisation as a british subject under any law for the time being in force in british india, or (3) is not a citizen of ..... it is clear from paragraph 5 of the reports that according to the finding recorded by the city magistrate, varanasi the respondent had voluntarily gone to pakistan and had stayed there for eight or nine ..... a very crucial date and circumstance about which the petitioner'ssilence throughout in the past is significant he placed strong reliance on the decision of the supreme court in his favour to which we shall refer again but even in the case before the supreme court this fact appears to have been carefully suppressed by him. ..... the case but he was convicted by the magistrate whose judgment was upheld in appeal by the sessions judge of allahabad. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All343; 1957CriLJ615
..... this is a state appeal against the acquittal of mool chand of an offence under section 16 read with section 7 of the prevention of food adulteration act (xxxvii of 1954) by the sessions judge of tehri-garwal who allowed his appeal against his conviction by a magistrate.2. ..... the notification appointing health officers and others to be food inspectors may serve the purpose of appointing them food inspectors under the prevention of food adulteration act, but this notification neither gave them the power to prosecute under the u. p. ..... pure food act (xxxii of 1950) and that the state government had by its notification dated 5-2-1953 appointed assistant medical officers of health food inspectors under that act and that by virtue of section 25(2) of the prevention of food adulteration act of 1954 the power which these assistant medical officers of health as food inspectors exercised with respect to the prosecution of persons contravening the provisions of the u. p. ..... it is clear, therefore, that the court could not have taken cognizance of this offence and that, therefore, the acquittal of the respondent is correct.3. ..... when section 34 of the act was repealed in view of the repeal of the entire act, this power of the food inspectors came to an end. ..... pure food act of 1950 were conferred the power to prosecute by the act itself. ..... pure food act and rules thereunder, could be exercised by them under the prevention of food adulteration act of 1954. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All12; 1956CriLJ3
..... upon the assertion made by him that there was a dispute likely to cause a breach of peace, it was not open to ram prasad to come forward before the magistrate on 20-6-1953, and to ask the magistrate to stay his hands and not to proceed with the inquiry under section 145 merely because only three days after the initiation of the case under section 145 ..... section says that if from the absence of a witness or any other reasonable cause it becomes necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, the court may, if it thinks fit, by order in writing stating the reasons therefor postpone or adjourn the case on such terms as it thinks fit, for such time as it thinks ..... the learned additional sessions judge dismissed the revisional application on the ground that ram prasad himself was the author of the proceedings under section 145 and it was not open to him to ask the court to stay those proceedings merely on the ground that a civil suit ..... after the filing of that suit ram prasad moved the magistrate on 20-6-1953, for the stay of the proceedings under section 145 and the ground advanced by him was that since the civil suit will determine the rights of the parties, it was not ..... throe days later, namely, on 25-3-1953, ram prasad filed a suit in the civil court for establishing his title to the property in respect of which proceedings under section 145, ..... on 22-3-1953, an application was moved by ram prasad for the taking of proceedings under section 145, .....
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