Court : Allahabad
Reported in : AIR1919All41; 52Ind.Cas.663
..... duties. the public have also rights, and it is very important that those rights of the householder should be safeguarded. section 103 of the code of criminal procedure was introduced into the act in order to safeguard the rights of a householder and also to ensure that the search conducted by the police officials should ..... with him would constitute an offence under section 332, indian penal code. in the absence of any authority in support of the learned government advocate's ..... in support of the conviction that the provisions of that section were purely formal and that non-compliance with the same would not invalidate the search and that, therefore, the officer conducting the search, in spite of his ignoring the provisions of that section, was acting in the discharge of his duties, and that the interference .....
Tag this Judgment!Court : Allahabad
Reported in : (1920)ILR42All67
..... but the public have also rights; and it is very important that those rights of the house-holder should be safeguarded. section 103 of the code of criminal procedure was introduced into the act in order to safeguard the rights of a house-holder and also to ensure that the search conducted by the police officials ..... him would constitute an offence under section 332 of the indian penal code. in the absence of any authority in support of the learned assistant government ..... argued in support of the conviction that the provisions of that section were purely formal and that non-compliance with the same would not invalidate the search, and that therefore the officer conducting the search, in spite of his ignoring the provisions of that section, was acting in the discharge of his duties, and that interference with .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1919All44; 52Ind.Cas.668
wallach, j.1. the applicants have been sentenced to fines of rs. 20 and in default to three weeks' rigorous imprisonment for offences under section 13 of act iii of 1867, alleged to have been committed in kampta, which is a native state. objection was taken at the hearing of the case that gambling was not shown ..... to be an offence in the native state in question, and secondly, that the requirements of the proviso to section 188 of the code of criminal procedure had not ..... native state police could arrest per-sins found gambling in british india.' an agreement like this cannot take the place of a certificate or sanction which is contemplated by the section aforesaid. where there is a bar to the prosecution of a person unless certain formalities are carried out, those formalities have to be strictly carried out. i hold, therefore .....
Tag this Judgment!Court : Allahabad
Reported in : (1920)ILR42All89
wallach, j.1. the applicants have been sentenced to a fine of rs. 20 and in default to three weeks' rigorous imprisonment for offences under section 13 of act iii of 1867, alleged to have been committed in kamptee, which is a native state. objection was ' taken at the hearing of the case that gambling was not ..... shown to be an offence in the native state in question, and, secondly, that the requirements of the proviso to section 188 of the code of criminal procedure had ..... the native state police could arrest persons found gambling in british india.' an agreement like this cannot take the place of the certificate or sanction which is contemplated by the section aforesaid. where there is a bar to the prosecution of a person unless certain formalities are carried out, those formalities have to be strictly carried out. i hold, therefore .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1920All357; 54Ind.Cas.494
..... that it was not necessary to file it. referring, however, to that written statement the magistrate holds that the directors admit that technically an offense under section 76(1) of the companies act has been committed. he, therefore, apparently has not gone into the other facts of the case. reading the written statement it seems to me that there ..... 1. in this case a number of directors of the kharidar kapra company, limited, cawnpore, were tried for an offence under section 76 of the indian companies act, and convicted and ordered to pay a fine. under that section a general meeting of every company shall be held once at the least in every year, and not more than 15 months ..... was no admission of any offence under section 76. i find as a matter of fact that an extraordinary general meeting of the company was held on the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1920All125(1); 56Ind.Cas.64
..... groundless. the magistrate dismissed the complaint on the 22nd of november and on the same date called upon mewa lal to show cause why he should not be prosecuted under section 211 of the code. mewa lal did show cause, and one ground that he put forward was that it was improper to direct, his prosecution without the court hearing ..... officer. the investigation had been made by another police officer and the of. fence was not a cognizable one, and i do not think the magistrate has acted wisely in directing an investigation by a police officer in such a case. the enquiry ought, in my opinion, to have been made either by the magistrate himself or ..... his evidence. in spite of this the court directed his prosecution under section 211 of the code. i am far from saying that in every case the magistrate is bound to take the evidence and cannot act upon the report of the investigating officer, but in the present case the accused person was a police .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1920All203; 57Ind.Cas.825
walsh, j.1. i accept this reference. i agree with the view of the collector that the plea of guilty did not cover the whole ground of the alleged offense. the accused were charged with entering a railway carriage without tickets with intent to defraud the railway under section 112 of the railways act. the accused pleaded guilty to entering a railway carriage, but said that the train was about to start and they had no time to purchase the tickets. that is a denial of having intended to defraud. the convictions must be set aside and the fines, if paid, refunded.
Tag this Judgment!Court : Allahabad
Reported in : AIR1920All298; 60Ind.Cas.74
..... prasad was one of the men entitled to receive an annual salary, the second plaintiff was one of the eons of munna lai, and they made an application under section 18 of act no. xx of 1862 which was an application that they might be allowed to sue, and the question that comes before a court for decision when an application of ..... or any of them claim litigating unless the same title. the first action, as we have said, was between lalta prasad and madhuker prasad, but a perusal of sections 18 and 14 of act xx of 1853 shows that those two man were not bringing an action for any personal benefit or personal enrichment but were bringing it for and on behalf ..... the same allegation which he put forward in the defence in the previous suit. therefore, in our opinion, he comes precisely within the prohibition of the first part of section 11 of the code of civil procedure, which for bids a court to try any issue in which the matter directly and substantially in issue has been directly and substantially .....
Tag this Judgment!Court : Allahabad
Reported in : (1921)ILR43All92
..... was relevant in that case and an attempt was made to show that he could not have gone to the house as he was an outcaste. under section 132 of the evidence act the witnesses could have been compelled to answer the questions that were put to them, but it appears that they took no objection when the questions were ..... retrial of the accused separately. however, no order on this point is necessary as in my opinion they are protected by the law as laid down under section 132 of the indian evidence act and they cannot be convicted of defamation. i, therefore, allow this application, set aside the convictions and sentences and direct that the fines, if paid, ..... statement and not for the statements of his other co-accused.3. the learned sessions judge held that the accused persons could not claim the protection of section 132 of the indian evidence act because they had not protested when the question was put to them but answered it voluntarily. his judgment runs as follows: 'the question as to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1921All362; 58Ind.Cas.825
..... relevant in that case and an attempt was made to show that he could not have gone to the house as he was an out-caste. under section 132 of the evidence act the witnesses could have been compelled to answer the questions that were put to them but it appears that they took no objection when the questions were ..... trial of the accused separately. however, no order on this point is necessary as, in my opinion, they are protected by the law as laid down under section 132 of the indian evidence act and they cannot be convicted of defamation. i, therefore, allow, this application, set aside the convictions and sentences and direct that the fines, if paid, be ..... statement and not for the statements of his other co accused.3. the learned sessions judge held that the accused persons could not claim the protection of section 132 of the indian evidence act because they had not protested when the question was put to them but answered it voluntarily. his judgment runs as follows: 'the question as to whether .....
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