Court : Allahabad
Reported in : AIR1935All746
..... say that if the act or omission has the effect mentioned in the section, that is to say, if it causes danger, obstruction or injury to any person in any public way or public lane, ..... public health, safety, convenience, decency and morals, and the learned judge has quoted from dr. gour's penal law of india, para. 2675:the act contemplated may be of any kind, but it must be an act of positive commission involving as its result a public nuisance in the right sense of the term.2. the learned commentator however goes on to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All903; 158Ind.Cas.919
..... the framing of general bye-laws which would be applicable to all places and buildings within the municipal limits and would govern all residents. now, section 294, municipalities act, empowers a board to charge a fee to be fixed by a bye-law for any license, sanction or permission which it is entitled or required to grant under ..... infringed the municipal bye-laws already notified. before the magistrate as well as the appellate court there was some dispute as to whether the limits to which the act was made applicable were in excess of the maximum of one mile provided in section 245(3). the lower appellate court is satisfied that so far as the ..... opened meat stalls within a mile of the municipal limits. under a notification published in the government gazette of 1st october 1932, the provisions of section 245, municipalities act, were extended by the commissioner, to whom the power had been delegated by the local government. in the notification the words actually used are that the limits of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All920
..... seems to have been influenced in some measure by his feeling that tej singh, should have, applied to be made the guardian of the girl under the guardians and wards act and should then have applied for permission to get her married. tej singh had however already the right under the hindu law to arrange for the marriage and i can .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All905
..... the prosecution of the applicant, then it should have been shown that the executive officer was authorized by the cantonment authority by a general or special order to act on its behalf in such a proceeding. no such evidence was produced before the court. certain documents were put intending to show that this prosecution was instituted ..... were clearly invalid. on this ground the two convictions must be set aside.6. it has been further contended that the conviction under section 141(2), cantonments act, is clearly illegal because the facts of this case disclose no offence under that sub-section. there was clearly a failure to comply with the notice served under ..... notice upon a person and eventually a cleaning up of the premises with or without an offence committed under section 141(1) read with section 268, cantonments act. the legislature then provided that if within three months of the service of the original notice the premises were again found to be filthy proceedings could be commenced .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All1042; 159Ind.Cas.989
..... were granted to miss twalling in 1900 and therefore it is said that all claims to this property have long since been barred by reason of article 123, limitation act. secondly, it was contended that even assuming the will gave miss twalling a limited interest only during her spinsterhood, that interest in the events that happened became an ..... to give the widow not an absolute interest, but a limited interest, that is an interest for her life only. it is expressly provided by section 82, succession act, 1925, that the meaning of any clause in a will is to be collected from the entire instrument and all its parts must be construed with reference to each ..... bequest stopped there, the will would clearly confer upon the widow an absolute interest in their realty or immovable property, as it is provided by section 95, succession act, of 1925 that where property is bequeathed to any person such person is entitled to the whole interest of the testator therein unless it appears from the will that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All156
..... danger or annoyance to the public or to the people in general, the persons who built the platforms are guilty of the act which exhypothesi amounts to a public nuisance. the applicants, who have merely rented the shops and sit on the platforms, cannot be considered ..... to be doing any act amounting to a public nuisance. if the existence of the platforms is a public nuisance, it will be so, whether anyone sits ..... on the facts which do not appear to have been disputed, section 290 has no application whatever. the act made penal by that section is a public nuisance not otherwise punishable by the indian penal code. section 268 defines public nuisance as an ..... act or illegal omission which causes any common injury, danger or annoyance to the public or to the people in general .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All534; 163Ind.Cas.866
..... in palanquins along public roads or highways, and their failure to agree to carry out the instructions of the police officer to dismount did not amount to an illegal act within the meaning of section 153, i.p.c., because in our opinion the police officer was not empowered to issue such an order. if there-had been ..... the immediate prevention of a disturbance of public tranquillity; and in the exercise of his powers under that section a magistrate is authorized to prevent the doing of even lawful acts. again where there is an immediate danger of the commission of a cognizable offence a police officer may under section 149, criminal p.c., interpose for the purpose ..... as empowered to order the bride and the bridegroom to get down from the palanquins in which they are being carried through inhabited parts of the hill villages. the act of going through the village on conveyances is in itself perfectly legal. it is not illegal within the meaning of section 43 because it is neither an offence, nor .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All753; 165Ind.Cas.701
..... regards certain particulars. the section as it stands would seem to suggest a distinction between a village watchman and a village police officer.3. the scheme of these acts also shows that a village watchman is nominated by the zamindars or the lambardar of the village, and then appointed by the magistrate. of course the nomination may ..... 1875) 1 cal 207 which was followed in queen-empress v. salemuddin sheikh (1899) 26 cal 569, namely that the term police-officer' in section 25, evidence act, should not be read in a strict technical sense but according to its more comprehensive and popular meaning. it seems to me that the whole purpose underlying that and cognate ..... plain and ordinary meaning of those words, i, e., a person holding a police office; and i hesitate to accept the view that in section 25, evidence act, the words should be interpreted in a narrow and technical sense, she expression being restricted to those persons only who are appointed as police officers by the inspector- .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All689; 165Ind.Cas.259
..... . we have already remarked that the magistrate and the sessions judge were both of opinion on the facts that the appellants were guilty. however, as the sessions judge did not act in accordance with that view, we have allowed counsel to put the facts before us. we find that there is the evidence of the excise inspector, a sub-inspector of ..... ram 1924 73 ic 521. in that case no such general proposition was laid down. it was a case where a question arose whether a warrant issued under the gambling act was properly issued or not, and the learned judge who decided the case came to the conclusion that the magistrate who had issued the warrant should not have tried the ..... was illegal. his reason for so thinking was that the magistrate who tried these men and convicted them had previously issued a warrant of search under section 9, opium smoking act, and it was in consequence of that search that these men had been found in the house of one of them together with apparatus for the smoking of opium. the .....
Tag this Judgment!Court : Allahabad
Reported in : 165Ind.Cas.20
..... delay, nor do i think that it matters very much whether the case is finished within a particular time or not. on the whole less time is wasted if magistrates act strictly according to the letter and the spirit of the law without making any special efforts to expedite cases by using extraordinary means.3. i am sure that the magistrate .....
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