Court : Allahabad
Decided on : Jun-10-1949
Reported in : AIR1951All404
..... the applicant was sent up for trial on 27-3 1947, for what he had done long before this notification and under this amendment to section 1, sub-section. (4), defence of india act, the applicant still remains liable for the contravention of which he was guilty before the notification. i am, therefore, of the opinion that ..... production, supply and distribution of goods etc. before the declaration of emergency the government of india had not but the provincial government had, under section 100, sub-section (3), government of india act, the power to make laws about matters in list ii. after the declaration of emergency the government of india had concurrent powers with the ..... 6. on 3-9-1939, the governor-general had issued a proclamation that a grave emergency existed whereby the security of india was threatened. under section 102, sub-section (l), government of india act, 1935 (25 & 26 geo. v. ch. 42) on declaration of such emergency the federal legislature has the power to make laws for .....
Tag this Judgment!Court : Allahabad
Decided on : Jun-22-1949
Reported in : 1950CriLJ53
..... was not exercising any power of the magistrate detailed in sch. 3 of the code. i am, therefore, of the opinion that the proceedings under section 310 (2), municipalities act were not criminal proceedings and, therefore, the record which has been called for by this court is not the record of the proceedings of an inferior ..... criminal court situate within the local limit of its jurisdiction.7. the question, therefore, is whether the bench of magistrates, while acting under section 310 was acting aa a criminal court. it could not have been acting as such when the proceedings before it were not proceedings of a criminal nature. it is apparent that a magistrate may have ..... order passed without jurisdiction because it is only on an application by an owner of the house that a magistrate acquires jurisdiction to make an order under section 310 (2), municipalities act; and in this case, admittedly, no application was, made by maharaj babadur singh, the owner of the house. it is an illegal order for .....
Tag this Judgment!Court : Allahabad
Decided on : Jun-24-1949
Reported in : AIR1950All11
..... their application to the separate new dominions ;(d) for removing difficulties arising in connection with the transition to the provisions of this act.'sub-section (3) of section 9 provides in effect that section 9 shall have retrospective effect and shall be deemed to have come into effect on 3rd june 1947, and any order of ..... power. the impugned adaptation order made on 26th august 1947, therefore, must be considered to have been made in virtue of the provisions of sub-section (5) of section 19, independence act. the impugned adaptation order may be considered to have revoked to some extent or, at any rate, varied, the india (adaptation of existing indian ..... as regards the meaning of the word 'adaptation' as it occurs in the expression 'the necessary adaptations' in sub-section (3) of section 18, independence act. the word 'adaptation' is not defined in section 19 of the act. it must, therefore, be understood in the sense in which it is explained in the authoritative dictionaries of the .....
Tag this Judgment!Court : Allahabad
Decided on : Jun-24-1949
Reported in : AIR1949All716; 1950CriLJ42
..... to have contravened are ultra vires the powers confer, red upon the district magistrate by the bricks control order of 1946. their contravention i3, therefore, not an offence under section 1 of the bricks control order, 1946. the appliance has, thus, committed no offence and is entitled to an acquittal.14. this application in revision is allowed. ..... than by sale has no application to the present case and the powers of the district magistrate are to be sought for only in el, (a) aforesaid. the acts and the omissions of the applicant which are alleged to constitute the offence have already been set out and these may again be enumerated as follows : (;) not maintaining ..... by the disobedience of provisions contained in clauses 2, 3 and 4 of an order promulgated on 29th february 1943, by the district magistrate of muzafl arnagar, purporting to act under; powers conferred upon him by the u. p, bricks control ordor, 1916.2. the case against the applicant was that he, being a brick manufacturer, was .....
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 : Jun-29-1949
Reported in : AIR1952All667
..... paid, the deputy magistrate caught the applicant and recovered the money from his possession. then after obtaining sanction from the district magistrate, the applicant was put on his trial under section 161, penal code. 3. there is no evidence to prove the demand for a bribe by the applicant prag, of whom the demand was made, has not been examined ..... his giving certain information to lalta etc. which he was not bound to give is not doing an official act and if he accepted any payment for giving the information, he is not guilty under section 161, penal code. if he had valuable information in his possession he was entitled to sell it for a price when he was not ..... ; it must be as a motive or reward for an official act. if a person accepts money bs a motive or reward for an act which cannot be said to be an official act, he is not guilty under section 161. the applicant is, therefore, not guilty under section 161, penal code. 4. i allow this application, set aside the applicant's conviction .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-14-1949
Reported in : AIR1950All150
..... the case be sent back to the additional sessions judge of kheri who will re-hear the appeal and if it is necessary to admit any evidence, he will act in accordance with section 428, criminal p. c. if the learned judge finds that the evidence adduced falls short of bringing home the knowledge to the applicants, that an order prohibiting export .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-26-1949
Reported in : AIR1950All97
..... debts must be ranked inter se within the same class. the observations simply mean that they can be ranked without difficulty, but whether such ranking would come under section 16, encumbered estates act has not been considered because the actual question did not arise. it may be mentioned here that the same question did not arise in either of the two other ..... the appellants is that the debt due to them should have been given priority in class 4 over the debts due to the other mortgagees in view of section 48, transfer of property act. we are not inclined to agree with this contention.3. the cases of sant prasad v. dallu sahu, 1947 a. l. j. 176 and makhan lal v. keshabdeo ..... in madan lal v. chhotey lal, civil revn. no. 273 of 1946 by a bench of which one of us was a member, and it was observed in that case :'section 16 of the act does not indicate any principles on the basis of which each individual debt should get a definite place for itself in order of priority. except for .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-29-1949
Reported in : AIR1951All69
..... property. in 1941, the decree was sought to be executed by sale of the property. therefore, ketki kunwar and krishna murari lal filed an application under section 8, debt redemption act for amendment of the decree on the allegation that kanhai lal was an agriculturist when the mortgage of 1920 was executed and they them selves were agriculturists when ..... and descendants in the joint family property'was more or less than rs. 1000. the test laid down in sub-clause (ii) of clause (e) of section 3, debt redemption act, has to be applied in determining whether a 'particular member of the joint family can or cannot be treated as an, agriculturist.' the principle of personal protection ..... undivided member of the family as a separate individual that has to be considered to be an agriculturist for the purpose of qualifying for protection under the terms of section 17 of the act. in view of these decisions of the privy council, the law laid down in khushal kunwar v. zauki ram, 1946 a. l. j. 310: (a. .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-01-1949
Reported in : AIR1951All546
..... in the manner laid down in the second clause. we are, however, satisfied that that was not the intention of the legislature.9. now if section 3, prevention of corruption act, had done no more than place certain offences in the category of cognizable offences, then theinvestigation of those offences would have been governed by the provisions ..... notes-it is the case for the prosecution that he accepted these notes as a gratification other than legal remuneration, in respect of an official act, and thereby committed an offence punishable? under section 161, penal code. the receipt of the notes is admitted by the applicant, but he says that they were received by him in ..... such facts as are relevant, are set out in the order of reference and need not be repeated.7. section 3, prevention of corruption act, 1947 (ii [2] of 1947), provides that:'3. an offence punishable under section 161 or section 165, penal code, shall be deemed to be a cognizable offence for the purposes of the code of criminal .....
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