Court : Allahabad
Reported in : (1957)IILLJ9All
..... the applicant is para. 486 which provides that when the offence alleged against a police officer amounts to an offence only under section 7 of the police act there can be magisterial inquiry under the criminal procedure code. in such cases and in other cases until and unless a magisterial inquiry is ordered, inquiry will be made ..... complying with the provisions of paragraph 486 (1) of the police regulations was ultra vires. the rules under chapter xxxii of the police regulations have been framed under the provisions of section 7 of the police act. paragraph 478 of the police regulations specifies the punishment which can be awarded to police officers. paragraph 478a provides ..... no opportunity to be present. it was lastly contended that as the charge against the applicant was of ft cognizable offence no trial under section 7 of the act could proceed without complying with the provisions of para. 486 (d) of the police regulations. in the present case according to the applicant there was no .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All320
..... carriages on aligarh-iglas-mathura route. these permits were granted to the petitioner in the year 1954 and under the provisions of the motor vehicles act were valid upto august 1957.sometime in the year 1947 the state government conceived the idea of running their own buses on the public thoroughfares. in the beginning they decided ..... legislative power. the legislative power of parliament and the state legislatures as conferred by articles 245 and 246 of the constitution stands curtailed by the fundamental rights chapter of the constitution. a mere reference to the provisions of article 13(2) and articles 245 and 246 is sufficient to indicate that there is no ..... state chooses to select a particular route and as a result of that selection the operators of that route are affected by the provisions of the act, the act is discriminatory.if the state can form a reasonable classification for favourable legislation the operators operating on that particular route can also be regarded as a .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All414
..... before this bench, and we have heard the learned counsel for the appellants in all the cases on the question of the maintainability of these appeals.57. chapter viii, rule 5 of the rules of court 1952, provides as follows :'an appeal shall lie to the court from the judgment (not being a judgment ..... court reported in raghunath keshav khadilkar v. poona municipality : air1945bom7 are also relevant in this connection. referring to the analogous provisions in the government of india act, 1935, the learned judge made the following observation :'the fact that the revisional powers of the high court over subordinate courts and the powerto issue writs of ..... well incorporated in one article but since the power of judicial and administrative superintendence over subordinate courts had been separately mentioned in the various government of india acts, the same was with alterations embodied in a separate article namely article 227; and the power to issue prerogative writs in the exercise of the power .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All575
..... this plea of adverse possession lies heavily on the party setting it up. where, therefore, a defendant sets up the plea of adverse possession, under article 144, limitation act, the burden would be upon the defendant to establish the necessary ingredients of adverse possession namely, that such adverse possession was throughout hostile, open, adverse, complete and continuous, ..... the said book it is stated as follows:--'the distinction thus established is upon principle clear, and it is justified by the general frame-work of the acts, rent, in the sense of rent charge, is a species of property ..... under the present limitation act has been held to be the same as shown by the rulings of the allahabad high court mentioned above.91. a similar distinction is to be found in the english law also as it would appear from lightwood's book relating to 'the time limit on actions'. in chapter i at page 23 of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All396; 1957CriLJ698
..... a person is also entitled by virtue of section 340 (2) cr.p.c. to offer himself as,a witness in proceedings under section 107, or under chapter x, xi xh, or xxxvi or under section 552 of the code, tut it should be borne in mind that none of theseprovisions relates to a trial for ..... must be considered overruled.13. i might also mention that despite the fact that the three co-accused of subedar willingly gave their statements the learned magistrate acted contrary to law in examining them. in their case there was of course no violation of article 20(3) because that confers merely a privilege, and ..... referring to a person who furnishes evidence. indeed, every positive volitional actwhich furnishes evidence is testimony, and testimonial compulsion connotes coercion which procures the positive volitional evidentiary acts ofthe person, as opposed to the negative attitude ofsilence or submission on his part.'subedar has neither submitted nor remainedsilent; on the contrary he has refused to testify .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All636; 1957CriLJ1041
..... of mens rea stands displaced here if section 120 is considered in the context of the other offences contained in chapter ix of the indian railways act. a number of other offences enumerated in that chapter use the words 'wilfully' or 'knowingly.' it might well be contended therefore that the omission of these or ..... follows therefore that neither expressly nor by necessary implication has the presumption of mens rea been excluded from the provisions of section 120 of the indian railways act. that being so, the conviction of the applicant could not be sustained merely because the actus revs of the section stands established, namely, that he was ..... that the provisions of section 120 are wide enough to make any individual, including a railway servant, liable thereunder. true, there is another section of the act, section 100, which penalises drunkenness of a railway servant, so that the applicant could well have been prosecuted under that provision.it is however noteworthy that section .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All1; 1958CriLJ1
..... only does the law impose a responsibility upon the magistrate to follow these rules, but also as a matter of prudence a grave responsibility is cast on magistrates to act with reasonable care and caution in the matter of recording the confession of an accused person, more especially the statement of a child who was barely twelve years of ..... the police-officer who made them to refresh his memory, or if the court uses them for the purpose of contradicting such police officer the provisions of the indian evidence act, 1872, section 161 or section 145, as the case may be, shall apply. the words 'if the court uses them for the purpose of contradicting such police-officer ..... , the provisions of the indian evidence act, 1872, section 161 or section 145, as the case may be, shall apply' are important and they regulate the procedure and the power which can be exercised about the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All671
..... out that it was not the contention of the respondents that we. should not entertain this appeal because the learned single judge in his discretion refused to exercise his powers. chapter 8, rule 5 of the rules of this court reads thus;'an appeal shall lie to the court from the judgment (not being a judgment in the exercise of ..... of having become the mouth-piece of a trade union--though it is alleged on behalf of the respondents that it is an unrecognised union and, therefore the petitioner has acted in a certain manner which has, apparently, not been liked by his officers at allahabad. the petitioner has, therefore, found himself in his present predicament. we are conscious that ..... control. in nank chand v. state of u. p., (s) air 1955 all 165 (b) and the full bench decision in aidal singh v. karan singh, 1957 all lj 389: ((s) air 1957 all 414) (c) it was held that an appeal lay from the decision of a learned single judge dismissing a , petition filed under article 226 of the constitution .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All767; (1957)IILLJ470All
..... correct. sub-para. i lays down that subject to the provisos thereto, every report received by the police of a cognisable offence shall be dealt with under chapter xiv of the code of criminal procedure, and that a case under the appropriate section shall be registered in the police station concerned. sub-para. ii refers to ..... agreement he decided that the applicant should be dealt with departmentally (vide annexure 'c' to the counter-affidavit).the trial of the appellant under section 7, police act, was then started as required by para. 488 of the police regulation. this contention is that the three sub-paragraphs of paragraph 486 of the police regulations are ..... superintendent of police which may result in discrimination and thus violates article 14 of the constitution.(iv) that the trial of the appellant under section 7. police act, was vitiated because the appellant was not allowed to produce his defence witnesses or the important documents on which he relied.(v) that in holding that the .....
Tag this Judgment!Court : Allahabad
Reported in : 1958CriLJ115
..... the it. p. municipalities act.14. u. p. town areas act, 1914 consists of six chapters and 43 sections. chapter i is preliminary. chapter ii deals with town areas committee and servants. chapter iii relates to taxation and town firod. chapter iv gives powers for sanitary and other purposes, chapter v deals with offences. chapter vi contains supplemental provisions. it ..... will be seen that chapter iv alone ..... contains powers for passing orders for sanitary and other purposes sections 26 to 30 are contained in chapter iv of the act. section 25 deals with sanitation orders. section 27 provides for sanitation and other orders.section 28 deals with the publication .....
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