Court : Allahabad
Decided on : Apr-29-1949
Reported in : AIR1950All277
..... have it under his control. it must be remembered that under these sections of the explosive substances act and arms act, mere possession of incriminating articles constitutes serious criminal offences and there must be in my view mens rea or guilty knowledge before a person ..... assumption that a man possesses everything in the house which he possesses. in my view, however, possession and control required to constitute offences under the explosive substances act and arms act, must mean conscious possession and actual control. a man must know of the existence of something before he can be said to control it or ..... applicant is the head of the family is not sufficient for a finding that sughar singh must have been in possession or control of these articles.7. section 19, arms act, is: 'whoever commits any of the following offences, namely. .......(f) has in his possession or under his control any arms, ammunition or military stores .....
Tag this Judgment!Court : Allahabad
Decided on : Jun-28-1949
Reported in : 1950CriLJ61
..... circumstances which i shall notice, the conviction of the appellants majid khan and bundu khan was, in my opinion, almost impossible. they were convicted each under section 4(b), explosive substances act (vi [6] of 1908) and sentenced to five years' rigorous imprisonment by the learned sessions judge of meerut, and they appeal against the same.2 ..... appellants guilty because he found them to be inside the room at the time of the explosion. the question is whether this is at all an adequate ground in law for such a conviction.8. section 4(b), explosive substances act, provides as follows :any person who unlawfully and maliciously makes or has in his possession ..... or under his control any explosive substance with intent by means thereof to endanger life, or cause serious injury to property .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-16-1949
Reported in : AIR1950All369
..... be considered by a bench of two judges.2. the applicants are on their trial for an offence under section 5, explosive substances act. during the course of the trial, was tendered in evidence a report from the inspector of explosives. it was received in evidence and exhibited without any objection on the part of the defence, the result ..... was fixed as the date for the delivery of the judgment in the case. on 2nd august 1949, the assistant government pleader applied that the inspector of explosives be examined under section 540, criminal p. c, for the purpose of formally proving his report. the object of this application was, therefore, clearly to meet a technical objection ..... that the trial was closed when this order was made, and, therefore, the court had no jurisdiction to summon the inspector of explosives as a witness under section 640, criminal p. c. at that stage.4. section 540, criminal p. c., reads as follows:'any court may, at any stage of any enquiry, trial or other proceeding under .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-01-1949
Reported in : 1949CriLJ923
..... charged with extortion and abetment thereof, and consequently the learned sessions judge had no power, by resorting to section 237, to convert the convictions to those under section 384 and section 334/114.11. the powers of this court, acting in revision, are the same as those of an appellate court, and what i have stated above prevents ..... in support of this contention. there is nothing in the code of criminal procedure to support it, the law about the result of investigation is contained in section 173 of the code which requires that the officer, after finishing the investigation, must forward to the magistrate concerned a report in the prescribed form through the ..... me from recording convictions against the applicants under section 379 and s3. 379/114 in place of those recorded by .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-01-1949
Reported in : AIR1949All599
..... have been charged with extortion and abetment thereof, and consequently the learned sessions judge had no power, by resorting to section 237, to convert the convictions to those under section 384 and section 384/114.11. the powers of this court, acting in revision, are the same as those of an appellate court, and what i have stated above prevents me ..... or by a court of revision in place of a conviction under section 411 is section 237, criminal p.c., if at all. section 237 applies only in a case which is governed by section 236, criminal p.c. it is to the effect that:if a series of acts is of such a nature that it is doubtful which of several ..... from recording convictions against the applicants under section 379 and sections 379/114 in place of those recorded by the courts below. the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-01-1949
Reported in : AIR1949All744
..... payment of the mortgage money-had been transferred or not and whether the mortgagors could get the benefit of the u.p. debt redemption act in view of section 2, sub-section (9) of that act. the lower appellate court came to the conclusion that the liability for payment of 33/40th part of the debt had been transferred to ..... wrongly, they did not exercise their jurisdiction illegally or with-material irregularity.it seems to us, therefore, that the material word in section 115, sub-section (c) is 'acted.' this clause will apply when the court 'acts' illegally or with material irregularity in the exercise of its jurisdiction. it can not apply to oases where the court merely comes to ..... the court says {specifically that it has no jurisdiction at all and not to cases of this kind where the court merely considers the interpretation of a particular section of a particular act. reliance was placed, in this connection, on behalf of the applicants, on. the case of lachman v. ali bux a.i.r. (34) 1917 .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-06-1949
Reported in : AIR1949All536
..... suit had been filed had no jurisdiction but that it was the revenue court which alone had jurisdiction to entertain the suit in view of the provisions of section 10 of the said act. the point taken was that as the mortgage money under every one of the five deeds was below rs. 100 (rs. 500?) it was only the ..... of rs. 500, the civil court was vested with jurisdiction to try the suit. on a consideration of the language of section 10 of this act, we are of opinion that the expression 'the principal money' in that section necessarily has reference to the amount secured under a single mortgage transaction. it does not refer to the aggregate mortgage money that ..... mushtaq ahmad, j.1. this is a defendants' application in revision against a decree passed in proceedings for redemption under section 12. u.p. agriculturists' relief act.2. the claim for redemption was made in respect of five mortgages of different dates made by the same person against different members of a joint hindu family. it .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-11-1949
Reported in : AIR1949All501
..... would be a ground for discrediting the same. the test, as we have already pointed out, would, in every case, be the presence of such circumstances as could make the act of transfer an eminently desirable or urgently called for step to case the situation existing on the date of the transfer. in the present circumstances when there is no independent ..... legal necessity for the payment of debts payable by the family, that the sons were under a pious obligation to pay their father's debts, that the older sons having acted bona fide, their action could not be challenged by the younger sons, that there was no legal authority for the view, as imagined by the lower appellate court, that the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-18-1949
Reported in : AIR1949All553
..... claimed by a grove-holder, namely, the ownership of the trees. this relief could be claimed in the revenue court by virtue of the provisions of section 206, clause (f) read with section 59, u.p. tenancy act. in the relief claimed in the plaint, it is not specifically mentioned that the plaintiff was a grove-holder. that is, however, immaterial, as, in .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-20-1949
Reported in : AIR1949All559
..... p.c., the decree being appealable to the lower appellate court.4. learned counsel for the applicants, mr. gopi nath kunzru, has relied on section 6, sub-section (2), u.p. (temporary) control of rent and eviction act, iii [3] of 1947, in support of his contention that all appeals are forbidden under this provision and the only remedy that the defendants, therefore ..... the words 'except as regards the rate of rent but no further' after the words 'provided that' and the words 'sub-section (4) or section 5' in place of the words 'this act' may be substituted. the sub-section after amendment now reads as follows:no appeal shall lie from any decree or order of the munsif or the civil judge in a suit .....
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