Court : Allahabad
Decided on : May-11-1949
Reported in : AIR1949All692; 1950CriLJ199
..... and that, therefore, the complaint made by him wa3 an invalid complaint, we would still hold, in that case, that the magistrate had jurisdiction to act under clause (c) of section 190 (1), criminal p.c. he could have treated this invalid complaint as as 'information.' in its ordinary sense 'information' is a wider term ..... the creditors the liquidation officer issued notice to the present applicants. meanwhile mewa ram, jain kuar and chandan kuar, taking advantage of the amendment of section 11, encumbered estates act, made an application before the special judge objecting to the pronote being shown as the exclusive property of the applioanta this application was made on 17th ..... pier off and alleging that they alone formed a joint hindu family. in due course this application was sent to the special judge where under section 8, encumbered estates act the applicants filed a written statement showing the debts due from them and the properties owned by them.4. in the list of properties mentioned .....
Tag this Judgment!Court : Allahabad
Decided on : May-12-1949
Reported in : AIR1949All513; 1949CriLJ798
..... legislative list. these lists are fairly exhaustive, but provision has also been made regarding residuary matters which are not specifically mentioned in them. section 104, constitution act authorizes the governor-general to empower either the dominion or the provincial legislature to enact a law with respect to any matter not enumerated in ..... provide, during a limited period, for further powers to prevent black-marketing in the united provinces.the act contains 20 sections. of these, section 8 (l) (i) section 4 (1) and section 8 are directly concerned with preventive detention. section 3 (l) (i) reads-as follows:if upon information received the provincial government is satisfied that ..... can pass laws and upon what subjects the provincial legislature can do so and upon what subjects both the legislatures have concurrent jurisdiction. section 100(1) of the act provides that with respect to any of the matters enumerated in list i in schedule 7, the dominion legislature has and a provincial .....
Tag this Judgment!Court : Allahabad
Decided on : May-12-1949
Reported in : 1949CriLJ852
..... to review the order about costs will also be rare. tha court will, therefore, be mainly called upon to review the order of punishment under sub-section (1) of section 10 of the act; and as the bar council has nothing to do with the question of punishment there will be no question of making a reference to the bar council. ..... advocates, in view of an order, made by this court, on 20th december 1916, removing him from practice, aa he was found guilty of misconduct, under sub-section (l) of section 10, bar council act (xxxviii [38] of 1926). his prayer ia that he may be granted pardon and permitted to resume practice as an advocates .19. shri raghubir saran: the ..... principle and procedure laid down for review of case3 under the code of civil procedure. the relevant subsection which gives this court power of review is sub-section. (6) of section 12, bar councils act. it ia reproduced below:the high court may, of its own motion cr on application made to it in this behalf, review any order pas- sed .....
Tag this Judgment!Court : Allahabad
Decided on : May-12-1949
Reported in : AIR1949All778
..... and the principal place of business of the bank being at dehra dun, this court had the jurisdiction to entertain the application and make an order |under section 153, companies act; and we find accordingly.31. in the next place, it has been argued by the learned counsel for the appellants that the proposed scheme is neither practicable ..... have seen above, after 15th august 1947, the position of the bank was that of a company established outside india and the bank got itself registered under section 277, companies act. in his affidavit filed on 11th may 1948, the managing director had stated that the principal place of business from where the administration of the bank was ..... on three grounds. in the first place, it has been contended that this court had no jurisdiction to entertain the application and to make the order under section 163, companies act. it appears that the plea of want of jurisdiction was raised in the affidavits filed by mohan lal and jagannath; but it does not seem to have .....
Tag this Judgment!Court : Allahabad
Decided on : May-17-1949
Reported in : AIR1950All4
..... one month. this sentence expired on 7th february 1949, but he was detained in custody as an under-trial prisoner in the case under section 3, sub-section (7), u. p. maintenance of public order (temporary) act. he did not apply for bail and on 25th april 1949, he was sentenced to six months' rigorous imprisonment and is now undergoing that ..... been illegally detained be entertained.3. learned counsel has informed us that on 7th march 1949, an order was passed by the provincial government under section 3 (l) (a), u. p. maintenance of public order (temporary) act (iv [4] of 1947) directing his detention for a period of six months. it is the legality of that order that the applicant ..... , criminal p. c. he was granted bail but on 15th december 1948, he was re-arrested for breach of an order passed under section 8(l) (f), u. p. maintenance of public order (temporary) act (iv [4] of 1947). it appears that by an order passed in october, 1948, he was directed not to take part in certain activities and .....
Tag this Judgment!Court : Allahabad
Decided on : May-25-1949
Reported in : AIR1950All5
..... of ganesh dutt and tripathi who were not on good terms with wiladat husain. 6. the other point raised by the learned counsel is that under section 6, prevention of corruption act (ii [2] of 1947) the sanction of the authority competent to remove the applicant was necessary before the court could take cognizance of an offence ..... officers like the accused. i find it difficult to accept this argument. section 6, prevention of corruption act is as follows:'no court shall take cognizance of an offence punishable under section 161 or section 165, penal code or under sub-section (2) of section 5 of this act, alleged to have been committed by a public servant, except with the ..... public servant when he is dealing with a man resident of another outpost. both maqbooluddin and yar mohammad were police officers and were acting as such and they were, there, fore, clearly guilty under section 161, penal code.4. the other point is that the sentence is severe. i do not consider that a constable, who goes .....
Tag this Judgment!Court : Allahabad
Decided on : May-25-1949
Reported in : AIR1949All710; 1950CriLJ29
..... taken to harsauli, although on the way these appellants forcibly compelled her to go with ibrahim to his house in village kaserwa.13. from the definition embodied in section 362, penal code, it would appear that the main ingredient of the offence of abduction is that the accused should have 'by force compelled any person to ..... , in the absence of some corroborative evidence, should be accepted, where the charge is one of rape. i, therefore, set aside the conviction of azimuddin appellant under section 376 of penal code, also and acquit him.12. the position with regard to nura, karma and ibrahim is. among themselves very nearly the same. the first two ..... 1915 all. 390 : 16 cr.l.j. 663.10. learned counsel appearing for the prosecution contended that azimuddin's conviction might be affirmed under the later part of section 366. to convict a person under that part it is essential that he is found to have practised some 'criminal intimidation' or employed 'any othes method of compulsion.' .....
Tag this Judgment!Court : Allahabad
Decided on : May-26-1949
Reported in : 1949CriLJ944
..... also which prima facie would not be likely. but apart from any question of intention, if the accused knew that he was likely, by hifl act, to destroy any neighbouring houses, an offence under section 436, penal code would be oomplete. in the present case, as i have said, there being other houses closeby, the accused must be ..... which has now been held by the pull bench decision, referred to above, as legally insufficient. the appellant, therefore, could not, in my opinion, be convicted under sections 6 and 18 of the act.10. the question now is what course i should adopt. the magistrate himself had the right to convict the appellant within the provisions of ..... refused to order his retrial.11. i, therefore, allow this appeal in so far as the appellant's conviction under sections 6 and 18, u. p. act xxiv [24] of 1947 is concerned, and maintain his conviction only under section 456, penal code reducing the term of imprisonment to the period already undergone, and, at the same time, setting aside .....
Tag this Judgment!Court : Allahabad
Decided on : May-26-1949
Reported in : AIR1949All620
..... also which prima facie would not be likely. but apart from any question of intention, it the accused knew that he was likely, by his act, to destroy any neighbouring houses, an offence under section 436, penal code would be complete. in the present case, as i have said, there being other houses close by, the accused must be ..... which has now been held by the full bench decision, referred to above, as legally insufficient. the appellant, therefore, could not, in my opinion, be convicted under sections 6 and 18 of the act.10. the question now is what course i should adopt. the magistrate himself had the right to convict the appellant within the provisions of ..... refused to order his retrial.11. i, therefore, allow this appeal in so far as the appellant's conviction under sections 6 and 18, u.p. act xxiv [24] of 1947 is concerned, and maintain his conviction only under section 436, penal code reducing the term of imprisonment to the period already undergone, and, at the same time, setting aside .....
Tag this Judgment!Court : Allahabad
Decided on : May-31-1949
Reported in : AIR1950All9
..... his presence and hearing. their lordships held that when a confession is made by an accused to a magistrate in the course of an investigation the magistrate must proceed under section 164, criminal p. c. or not at all and that a magistrate could not depose to an oral confession made to him.5. mr. shah aziz ahmad was not examined ..... made by an accused person to himself. it was contended before their lordships that if a magistrate records a confession, he is bound to follow the procedure laid down under section 364, criminal p. c., but if he does not reduce it to writing there is nothing in law to prevent him from deposing to the confession made to him in ..... orderseth, j.1. this application in revision is by one jagannath gupta who was convicted under section 411, penal code and sentented to one year's rigorous imprisonment. his conviction and sentence have been upheld by the additional sessions judge of kanpur.2. a theft was committed .....
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