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 : Apr-29-1949
Reported in : AIR1952All419
..... application is dismissed by the special judge under sub-section (3) of section 8 or proceedings under this act are quashed under section 20 or until the collector has liquidated the debt in full under section 23 or section 24 or granted a mortgage under section 25 or passed orders under section 27 or section 28, no decree obtained on the basis of any ..... officer on1-4-1942 in spite of the objections of the judgment-debtors that they had applied under the encumbered estates act and that the decree could not be executed in view of section 7 of that act. the judgment-debtors succeeded in having the order set aside by the learned district judge in appeal on 21-9- ..... the opinion that there could be no appointment of a receiver on account of the prohibition contained in section 7, sub-section (3), encumbered estates act and yorke j. being doubtful on the point. 3. the relevant provisions of section 7 are contained in sub-sections (2) and (3) which are as follows: (2) after the passing of the said .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-29-1949
Reported in : 1949CriLJ719
..... that an investigation will take place because the investigating officer will be duty bound to investigate, in obedience to the order of the magistrate, ostensibly passed under section 155 (2), criminal p. c, such an undesirable result could not have been intended by the legislature, and an interpretation, opposed to the manifest intention ..... deciding whether an investigation should be ordered. unless a magistrate is satisfied that reasonable grounds exist for believing that an offence has been committed, he would be acting arbitrarily in ordering an investigation to be made. it could not, therefore, have been intended that an investigation might be ordered in the belief that an ..... not to the offence for which the applicant was tried, for, unless it can be unequivocally established that the additional district magistrate was acting illegally, it should be presumed that he was acting in a lawful manner and had given only such permission as he was competent to give.17. i, therefore, hold (hat .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-29-1949
Reported in : AIR1949All483
..... that an investigation will take place because the investigating officer will be duty bound to investigate, in obedience to the order of the magistrate, ostensibly passed under section 155 (2), criminal p.c. such an undesirable result could not have been intended by the legislature, and an interpretation, opposed to the manifest intention of ..... deciding whether an investigation should be ordered. unless a magistrate is satisfied that reasonable grounds exist for believing that an offence has been committed, he would be acting arbitrarily in ordering an investigation to be made. it could not, therefore, have been intended that an investigation might be ordered in the belief that an ..... to the offence for which the applicant was tried, for, unless it can be unequivocally established that the additional district magistrate was acting illegally, it should be presumed that he was acting in a lawful manner and had given only such permission as he was competent to give.17. i, therefore, hold that the .....
Tag this Judgment!Court : Allahabad
Decided on : May-10-1949
Reported in : AIR1950All1
..... appeared before the collector or not, of the true area and the value of the land and the apportionment of the compensation among the persons interested. section 18 of that act provides the manner in which the award of a collector may be challenged by any person interested, who has not accepted the award. apparently the predecessors ..... the land was acquired by plaintiff l in 1895 and plaintiff 2 the railway company, was holding and managing the land on behalf of the crown. section (article) 149, limitation act was clearly applicable, as was rightly held by the trial court, and so on merits this ground of appeal has no force.11. it was also ..... this case that the collector made an award and compensation was actually paid to some persons interested. under section 12, land acquisition act such an award when filed in the collector's office shall, except as provided in the act itself, be final and conclusive evidence as between the collector and the persons interested whether they have respectively .....
Tag this Judgment!Court : Allahabad
Decided on : May-10-1949
Reported in : 1949CriLJ947
..... under section 8 of act no. xxiv [24] of 1946. as there was no breach of the textiles (control ..... orderchandiramani, j.1. the applicants mushtaq ahmad, shahidey and mursalin were convicted by a magistrate, let class, gonda, in a summary trial under section 7, essential supplies (temporary powers) act of 1946 and sentenced each to rjgorous imprisonment for three months and a fine of rs. 500. they went up in appeal, but their appeal was ..... no. xviii [18] of 1946 (the essential supplies (temporary powers) act of 1946) this textiles (control of movement) order of 1946 shall be deemed to have been made under the ordinance and under section 17 of act xxiv [24] of 1946 (essential supplies temporary powers act, 1946) the same order shall continue to be deemed to have been made .....
Tag this Judgment!Court : Allahabad
Decided on : May-11-1949
Reported in : AIR1952All643
..... the taxable fee & that they must share this fee amongst themselves. i am unable to accept this interpretation of section 4 of the act, the meaning of which in my opinion, clearly is that every legal practitioner, in the absence of a definite contract, is entitled to the full legal ..... it being a case where the fee had not been privately settled between the legal practitioner & the client, the case must be governed by the second portion of section 4, legal practitioners (fees) act (xxi [21] of 1926, which provides as follows : '...... if no such fee has been settled, a fee computedin accordance with the law for the time ..... for the applicant that there being three legal practitioners in the case, the plff. became entitled to only one third of the taxable fee. he contends that section 4 should be interpreted to mean that where no fee has been settled all the legal practitioners appearing in a case for a particular client are together entitled to .....
Tag this Judgment!Court : Allahabad
Decided on : May-11-1949
Reported in : AIR1951All93
..... agreement. the trial judge refused to admit oral evidence. mr. ameer ali delivering the judgment of the board held that the trial judge was right, under section 92, evidence act, in rejecting the evidence. in the course of the judgment it was observed :'whether an agreement is a completed bargain or merely a provisional arrangement depends ..... in favour of the plaintiff was obtained under fraud as alleged by the defendants ?(7) is the agreement between the plaintiff and defendant 1 void under section 23, contract act, and as such unenforceable ?'53. the learned civil judge did not attempt to clear up the defence about the contract not being concluded with the ..... be true, which allegation the nawab did not admit, then the agreement between the plaintiff and the nawab was void, as opposed to public policy under section 23, contract act, (d) the suit was bad for misjoinder of unnecessary parties and multifariousness of causes of action, (e) the plaintiff having received the cheque sent to .....
Tag this Judgment!Court : Allahabad
Decided on : May-11-1949
Reported in : AIR1950All7
..... of adjudication of this controversy in the present suit. limitation bars the remedy : it does not destroy the right unless a case is of the description provided for by section 28, limitation act. the present case is not such a case. therefore, the right to challenge the validity of the mortgage of 1918 was not destroyed, but continued to exist even ..... nature of the mortgage of 1918 is no longer open to controversy in the present case, firstly because the claim to any such adjudication is barred by article 125, limitation act, and secondly because it is barred by the rule of res judicata. in my opinion, there is no force in either of the two contentions.7. the law of ..... to this court and it is contended on their behalf that the suit was barred by limitation.3. it is the common case of the parties that article 125, limitation act, applies. the contention of the learned counsel for the appellants is that the alienation really took place in the year 1918 and that the alienation in the year 1943 .....
Tag this Judgment!Court : Allahabad
Decided on : May-11-1949
Reported in : AIR1950All10
..... issue. the learned special judge also found that bonds had not been issued by the collector to the creditors under sections 80 or 31, encumbered estates act, before 24th february 1943, the date on which the objector filed his objection under section 11.3. the landlord, applicant has filed certain objections to these findings, mr. gopal swarup pathak on behalf of ..... are actually handed over to the creditor by an officer subordinate to the collector, the officer must be deemed to act for the collector and we do not see how that can make any difference. the language of section 30 appears to us to be clear that the date on which a bond is given to a creditor is the ..... , 25, 28 or 31 or bonds had been issued by the collector to the creditors under sections 30 or 31, encumbered estates act, before 24th february 1943, the date on which the application under section 11 was filed?'2. the finding of the learned special judge is that the property in dispute had not been transferred to any person under .....
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