Court : Allahabad
Reported in : AIR1957All737
..... proceedings. in our opinion the appellant's remedy, if he is dissatisfied with the awardof the arbitrators, is to require the arbitrators, under section 14 of the act, to cause the award to befiled in court and thereafter to make an application under section 33. under that section the awardcan be challenged on any ground, ..... the appellant executed an agreement in the prescribed form; it is further not in dispute that although from september 1948 to the 1st september. 1949. the appellant acted as an assistant teacher, he never entered into an agreement in the form prescribed for assistant teachers. the approved forms of agreement for headmasters and assistant teachers ..... school was a middle school. subsequently it became a high school and in 1948 an intermediate college. the appellant continued to hold office as headmaster, and he acted as the first principal of the college until october, 1948. in that month a new principal was appointed and the appellant thereafter performed the duties of an .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All767; (1957)IILLJ470All
..... also filed a list containing the names of 17 witnesses whom he wanted to produce in his defence. four of these witnesses were sri hafiz mohammad ibrahim, minister for finance and power, the district magistrate of bijnor, sri n. k. varma, superintendent of police, bijnor. who was himself holding the trial and sri hori singh.these ..... superintendent of police which may result in discrimination and thus violates article 14 of the constitution.(iv) that the trial of the appellant under section 7. police act, was vitiated because the appellant was not allowed to produce his defence witnesses or the important documents on which he relied.(v) that in holding that the ..... agreement he decided that the applicant should be dealt with departmentally (vide annexure 'c' to the counter-affidavit).the trial of the appellant under section 7, police act, was then started as required by para. 488 of the police regulation. this contention is that the three sub-paragraphs of paragraph 486 of the police regulations .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All115; [1958]9STC534(All)
..... the first week of october 1955. after that the petitioner again approached the government of uttar pradesh and in this connection met sri bharat narain, deputy secretary, finance department, who gave him to understand that the matter was being considered by the u. p. government and the petitioner meanwhile again applied to the judge (appeals ..... assessee any refusal by the judge (appeals) to hear the present petitioner was a denial of hearing to the assessee himself.section 9, sub-section (3) of the act provides that 'the appellate authority may, after giving the appellant a reasonable opportunity of being heard' pass the orders enumerated under sub-clauses, (a) to (c). ..... officer, judge (appeals)and the judge (revisions). ho used to prepare drafts of appeals and present petitions, memorandum of appeals and revisions.he was thus both acting and pleading for the dealers under the special power of attorney obtained from them. thus he started to be regularly engaged in sales tax cases and this .....
Tag this Judgment!Court : Allahabad
Reported in : 1958CriLJ115
..... revisions have been filed by ten persons, who were convicted by the learned special magistrate, first class, baraut, district meerut, under seciton 299, u. p. municipalities act. amin nagar sarai is a town area in district meerut. the ten applicants are residents of amin nagar sarai, and are butchers.2. according to the prosecution, the ..... will be seen that chapter iv alone contains powers for passing orders for sanitary and other purposes sections 26 to 30 are contained in chapter iv of the act. section 25 deals with sanitation orders. section 27 provides for sanitation and other orders.section 28 deals with the publication of such orders. section 29 provides ..... the profession by itself is illegal or immoral. there is therefore, hardly any necessity to prohibit this profession or trade altogether.21. section 26 of u. p. town areas act contains eight clauses. regulation, is mentioned in cls. (a) and (f). prohibition is mentioned in cls. (d) and (g). clause (e) mentions regulation or .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All214; 1958CriLJ324
..... the district magistrate against non-action by the police in the matter and he was advised to file a complaint in court.talfi ram and one budha offered to finance chhidda and assist him in seeing his complaint through court. the barhais, to which caste chhidda belonged, refused out of sympathy for chhidda, their caste-fellow, ..... absurd. but nevertheless the matter of believing evidence is not left to the mere intuition of an individual judge, for a judge, in believing or disbelieving evidence-acts on his reason in conformity with his knowledge, observation and experience which always furnish adequate grounds for believing or dis-believing evidence.39. bearing in mind what has ..... to work for behari singh's family. it appears that this act of the barhais and the assistance which they received from talfi ram and budha incensed the sons of behari singh, in particular man singh, so that the party .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All198; 1958CriLJ316
..... nature.14. all these decisions favour the passing of lenient sentences and the observance of moderation.15. the provisions of the u. p. first offenders' probation act (act no. 6 of 1938), show that the legislature desire extremely mild treatment of first and or youthful offenders, even where the offence is of a serious nature ..... particular, take steps for preserving and improving the breeds, and prohibiting the slaugnter, of cows and calves and other milch and draught cattle.'the cow slaughter act stems from this injunction, as the following passage from its 'objects and reasons' discloses:--'article 48 of the constitution of india enjoins on the state government ..... ) and a confirmed criminal (who must be awarded deterrent punishment).18. emperor v. maiku : air1930all279 , was a case where the accused was caught in the act of distilling liquor in his house in sadar bazar, agra city; a large quantity of illicit liquor and a complete paraphernalia of instruments for manufacture of liquor was .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All374
..... municipal board hapur in performing his duties has caused deterioration in the finances of the board.' 'that the president sri tara chand modi, municipal board, hapur, has, in several ways and on several occasions, grossly misconducted himself against ..... government to dissolve the board, stating his reasons therefor; and(b) on the expiry of three days after the date of sending of such communication, stop acting as president and shall be deemed to be incapacitated from functioning as president within the meaning of section 55.' the question further arises whether compliance in respect ..... follows :'motion of non-confidence in the president shri tara chand modi, municipal board, hapur, district meerut, under section 87-a of the u. p. municipalities act, 1916. 'that the president municipal board, hapur is responsible for all out mal-administration in the board.' 'that the failure on the part of the president of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All587
..... shows that the deposit is in favour of the' election commission, so that the challan satisfied the requirements of section 117 of the representation of the people act.8. the only other point that remains relates to the rejection of the other objection raised by the present petitioner that the paragraphs containing allegations about corrupt practice ..... accountscivil deposits--revenue depositsdeposits for election petitions.' this head of account, it appears, was laid down by the government of india, ministry of finance, by their letter no. d-490-bi/52 dated 22nd january, 1952. the letter invited a reference to section 117 of the representation of the people ..... and which neither party has attempted to support (before us. the election tribunal-expressed its opinion that section 117 of the be. presentation of the people act was ultra vires the parliament as it imposed an unreasonable restriction on the fundamental right of challenging an election by an election petition. the reason why even .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All677; 1958CriLJ1112
..... the accused was still guilty of the offence under section 307, i. p. c.i am therefore clearly of the opinion that facts proved by the prosecution clearly brought the act of badshah singh appellant within the mischief of section 307, i. p. c., and that the burden of proving the aforesaid defence of defective ammunition having knowingly been used ..... gogte, ilr 56 bom 434 : (air 1932 bom 279) (a), in which the accused fired two shots from a revolver at point blank range at sir ernest hotson, the acting governor of bombay, but the bullets failed to take effect owing to some defect in the ammunition or to the intervention of a leather wallet and folded currency notes in ..... for life, otherwise the maximum term of imprisonment prescribed is 10 years. it would thus appear that the section itself does not take into consideration the effect of the act of the accused except as a measure of sentence to be imposed upon him.that being so, it cannot be argued that badshah singh should not be held guilty of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All149; 1959CriLJ268
..... in the above passages, but a definition of 'intent to deceive' which is often cited is expressed in these words by buckley, j., in re london and globe finance corporation ltd. (1903) 1 ch 728 at pp. 732, 733 (p). 'to deceive is to induce a man to believe that a thing is true which ..... may be said to be formal statements of the accomplice or accomplices themselves, but since they satisfy the aforesaid dual conditions of being admissible (under section 34, evidence act) and reliable (as adverted to already) they should be taken as independent corroboration of the testimony of those witnesses. furthermore, since those entries speak of payments made ..... them. the above cited procedural provision regarding the case being triable by the special judge only, contained in section 7(1) of the criminal law amendment act, would be applicable provided its retrospective application had not already become barred. it would only be applicable where the intervening period of time between the case being .....
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