Court : Allahabad
Reported in : AIR1948All299
..... is no reason why the distance contemplated by that section should be taken to be other than the shortest distance between the two points. section 11, general clauses act, 1897 (act x of 1897) provides that in the measurement of any distance, unless a different intention appears, the distance shall be measured in a straight line on a ..... in measuring distances between two points and we see no reason why a different method should be adopted in computing distances contemplated by section 13, northern india perries act. the language used in that section is plain and is, in our view, not capable of the interpretation which has been put upon it by the lower ..... respondents, jokhu and sukhu, were also convicted under the same sections and sentenced to fines. all the accused persons were, however, acquitted under section 28 of the act. rangu did not appeal from his convictions and sentences. the respondents went up in appeal to the sessions judge of banaras and the learned additional sessions judge by .....
Tag this Judgment!Court : Allahabad
Reported in : 1949CriLJ69
..... on account of the petitioner's not furnishing the personal bond and sureties as required is not. according to law.5. section 3 (1)(f) of the aforesaid act pro-vides that the provincial government, if satisfied with respect to any person in a certain manner, may make an order regulating his conduct in any such manner as ..... passed it, the provincial government or the district magistrate. the district magistrate has been delegated the power to pass orders under section 3 (l) (f) of the afore3aid act and in all probability it is he who passed this order on 10th may.4. once the detention order of 22nd february 1948 had been revoked, the further detention cannot ..... 2000 and two sureties in the same amount for not taking part in any communal activity likely to disturb the public peace under section 3 (3) of the aforesaid act, and he remains in custody only because he has failed to furnish either the personal bond or the sureties required.3. the subsequent order requiring the petitioner to enter .....
Tag this Judgment!Court : Allahabad
Reported in : 1949CriLJ214
..... united provinces maintenance of public order ordinance 1 of 1946) which was later replaced by the united provinces maintenance of public order (temporary) act, (act iv [4] of 1947). the preamble of the act is as follows:whereas for securing public safety, public order and communal harmony it is expedient to provide for preventive detention, imposition and ..... the court will not allow the imprisonment to continue.with great respect i agree with this observation. the detention, therefore, becomes illegal if section & of the act is not complied with.16. one of the points that has been referred to us is whether non-compliance with the provisions of section 6, invalidates the ..... 1948, and they are in the following terms:whereas the rashtriya swayam sewak sangh laving been declared an unlawful association as its members ate likely to commit act of violence, disturb the public tranquillity,-and interfere with the administration of the law, and;whereas i am satisfied that you...are an active member of .....
Tag this Judgment!Court : Allahabad
Reported in : 1949CriLJ694
..... pass any orders prohibiting the export of any commodity from these provinces to other places and that any such provision in the u. p. control of supplies (temporary powers) act ( act. 2 of 1947) and the orders in the u. p. notification no. 65/ 0. s. 584.1942, dated 11th february 1948, are ultra vires of the ..... to the matters enumerated in list 3 of the same schedule, those matters, however, do not deal with trade. section 297(l)(a), government o{ india act, provides that no provincial legislature or government shall by virtue of the entry in the provincial legislative list relating to trade and commerce within the province or the entry ..... government could not have tftlidly made any order prohibiting the export of matches from these provinces, that any provision in the u. p. control of supplies (temporary powers) act and any order made thereunder for prohibiting the export of any commodity is ultra vires of the provincial government and that therefore, the u. p. notification no. 65/0 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1949All463
..... pass any orders prohibiting the export of any commodity from these provinces to other places and that any such provision in the u.p. control of supplies (temporary powers) act (act 2 of 1947) and the orders in the u.p. notification no. 65/ c.s.-534-1942, dated 11th february 1943, are ultra vires of the provincial ..... respect to the matters enumerated in list 3 of the same schedule. those matters, however, do not deal with trade. section 297(1)(a), government of india act, provides that no provincial legislature or government shall by virtue of the entry in the provincial legislative list relating to trade and commerce within the province or the entry ..... government could not have validly made any order prohibiting the export of matches from these provinces, that any provision in the u.p. control of supplies (temporary powers) act and any order made thereunder for prohibiting the export of any commodity is ultra vires of the provincial government and that therefore, the u.p. notification no. 65/ .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All550
..... holidays intervened and the application was thus filed, it is urged, one month after the filing of the application by basant singh under section 11, encumbered estates act. at the time this application was filed the liquidation proceedings were not over. the application was, however, rejected by the special judge. his order was upheld ..... distinguishable because in both of them the claim had been entertained and decided.17. accordingly, i hold that in law no claim under section 11, encumbered estates act, was preferred or decided by the special judge. consequently, the appellants were not entitled to apply for the quashing of proceedings and the view taken by the ..... the long vacation.4. then, on 3-7-1946, when the courts reopened after the vacation the landlords-applicants made another application, under section 20 of the act, praying for quashing of proceedings. the proceedings relating to liquidation of debts were pending at the time. the application was rejected by the special judge and, on .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All674
..... that there was nothing objectionable in a conditional offer like this. it may be that the offer, if accepted, was void being opposed to public policy under section 23, contract act, inasmuch the complaint under section 406 could not be compounded. but that is not the point to be considered in a contempt of court proceedings. the point is that there .....
Tag this Judgment!Court : Allahabad
Reported in : 1949CriLJ852
..... j. on 23rd january 1942. thereafter, the applicant was sent to jail at meerut bat was released under the provisions of the u. p, prisoners' release on probation act (act vhi [8] of 1988) on 22nd october 1942. he was directed to spend period of probation under the supervision of a pleader, mr. rameshwar dayal. the period of ..... for a year, shifted to meerut. he was selected for the provincial judicial service and appointed munsif in the agra province in 1923. in 1926 the indian bar council act (act xxxvill [38] of 1926) which raised the status of vakils to that of advocates came into existence. he took advantage, as he was indeed entitled to, of ..... provinces government.21. he was in jail until 22nd october 1942, when he was released on probation on a licence issued under the united provinces prisoners release and probation act (vm [8] 1938). the period of probation expired on 12th september 1948.22. thereafter, on 28rd september 1943, the applicant made an application to this court asking .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All404
..... 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 provincial government, though under ..... thereunder or any order made under any such rule, or(c) any penalty, forfeiture or punishment incurred in respect of any contravention of any rule made under this act or of any order made under any such rule, or(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, ..... any such investigation, legal proceeding or remedy, may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this act had not expired.'23. the notification of the government of india about transport of edible oil seeds or oils other than cocoanut oil from any place in a .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All95
..... 80, penal code provides that:'nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.'section 87 provides:'nothing which is not intended to cause death, or grievous hurt, and which is ..... the brief of the learned government advocate contends that if the appellant threw down munshi on the hard chabutra, then certainly the appellant was guilty of a rash and negligent act within the meaning of section 301. i have looked into the evidence of the investigating officer. he does not state that he found any marks on the chabutra to ..... him under section 304a, penal code for having rashly caused the death of munshi. the question is whether or not the appellant was guilty of a rash and negligent act within the meaning of s. 304a.2. the prosecution case was that the appellant and munshi were fond of wrestling and on the morning of 13th may 1947, the .....
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