Court : Allahabad
Reported in : AIR1925All518
..... which has-been argued on this application is the point of jurisdiction. the applicant's counsel maintains that the gambling did not take place within the area to which the act had bean extended by the government notification of the 14th june, 1910.2. the gamblers were gambling in a boat-which was on the benares side of the midstream ..... of the ganges. after examining the notification, i am of opinion that the southern boundary of the area to which the act extends is the north bank of the ganges. where the notification says 'the ganges' i understand it to mean the north bank of the ganges and not the mid ..... -stream. it follows from this finding that no offence was committed because the gambling took place outside the area to which the act applies.3. i therefore, allow this application and act aside the convictions and sentences. the fines, if paid, will be refunded. those applicants who are in jail, will be released at once from .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1925All783
..... the finding.4. it has, however, been urged by the appellant that the courts below should at least have awarded him something under the second clause of section 19-a of the contract act. that clause provides that when an agreement is liable to be set aside on the ground of undue influence, the court may annex such terms and conditions as ..... course open to him but to uphold the dismissal of the suit. we are inclined to think that the district judge must have overlooked the second clause of section 19-a of the contract act which enabled him, without the consent of the parties, to impose the suggestion which he made to the parties. although the grounds of appeal in this case ..... unfair one, the district judge has based his finding on the fact that the defendant had so good a chance of obtaining the property that there was little risk in financing him and that the agreement to give half the property, that is a half-worth rs. 600, for an expenditure which in fact only amounted to rs. 200 was unfair .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1926All27
..... must therefore order the applicants to make their application again to the collector accompanied by a copy of this order and invite the collector to deal with it under section 71 of act 6 of 1920. that is sufficient for the disposal of this application.4. but as we have had to consider at some length the question of the jurisdiction of ..... the accused used abusive language (against the complainant) and slapped him.'2. the next step was an application made by the accused to the deputy commissioner, almorah, under section 71 of the local act (vi of 1920). the principal objection set out in that petition to the order of the panchayat is to be found in paragraph no. 3 of the petition ..... . that declares that 'there shall be no appeal from any decree or order passed by a panchayat in any suit under this act, and except as provided in sections 49 and 71 no court or authority shall have power to revise any such decree or order.' where they occur for the second time of course the words 'any decree .....
Tag this Judgment!Court : Allahabad
Reported in : 91Ind.Cas.51
..... must, therefore, order the applicants to make their application, again to the collector accompanied by a copy of this order and invite the. collector to deal with it under section 71 of act vi of 1920. that is sufficient for the disposal of this application.5. but as we have had to consider at some length the question of the jurisdiction of ..... the accused used abusive language (against the complainant) and slapped him'.2. the next step was an application made, by the accused to the deputy commissioner, almorah under section 71 of the local act (vi of 1920). the principal objection set out in that petition to the order of the panchayat is to be found in para. 3 of the petition where ..... . that declares that 'there shall be no appeal from any decree or order passed by a panchayat in arty suit under this act, and except as provided in sections 49 and 71 no court or authority shall have power to revise any such decree or order.'6. where they occur for the second time, of course the words 'any .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1926All57
..... land was their khudkasht. jagai defended the suit on the ground that the land was his occupancy tenancy. jagai was referred by the munsif under the provisions of section 202 of the tenancy act to the revenue court to get his status qua this land declared. in the meantime a riot took place in the village, and he, the appellant and several ..... act of destroying the patta may have been a very foolish act, but i am of opinion that the conviction, of ram harakh under section 477 of the indian penal code cannot be maintained. i, therefore, set aside the conviction and sentence of ..... that ram harakh in any way intended to cause damage or injury to jagai, and in the absence of any such intention the charge under section 477 of the indian penal code fails. i am, therefore, of opinion that the act of ram harakh was not proved by the prosecution to have been with intent to cause damage or injury. the .....
Tag this Judgment!Court : Allahabad
Reported in : 90Ind.Cas.913
..... land was their khudkasht. jagai defended the suit on the ground that the land was his occupancy tenancy. jagai was referred by the munsif under the provisions of section 202 of the tenancy act to the revenue court to get hid status qua this land declared. in the meantime a riot took place in the village, and he the appellant, and several ..... act of destroying the patta may have been a very foolish act, but i am of opinion that the conviction of ram harakh under section 477 of the indian penal code cannot be, maintained. i, therefore, set aside the conviction and sentence of ..... that ram harakh in any way intended to cause damage or injury to jagai, and in the absence of any such intention the charge under section 477 of the indian penal code fails. i am, therefore, of opinion that the act of ram harakh was not proved by the prosecution to have been with intent to cause damage or injury. the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1926All187
..... . this is an application for revision of the order dated 11th february 1925, of thakur sheora khan singh, magistrate, first class, convicting the six applicants under section 13, act 3 of 1867 (the public gambling act) and sentencing each of them to a fine of rs. 5 or in default of payment of fine to rigorous imprisonment for a week. the case was ..... word is used to exclude the element of chance.2. this is a reference by the district judge of aligarh recommending that the conviction of six persons under section 31 of the public gambling act 3 of 1867 should be set aside in revision.3. the finding was that the accused persons were playing a game with marbles on a public road ..... of his finger he took the whole pool. the magistrate was of opinion that the game of marbles was not a game of mere skill and that section 13-a of the public gambling act applied to a game of mare skill on it. the magistrate was further of opinion that as the game played by the applicants was accompanied by betting .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1926All225
..... force was used and the offence of rioting was complete. subsequent injuries though inflicted in pursuance of the same common object would be distinct injuries, justifying a conviction under section 323.6. in the present case, had i been of opinion that the sentences passed were severe, i might have remitted the fine in at least one case, ..... p.c., and sentences of imprisonment and fines. the learned sessions judge on appeal has reduced the sentence so as to make the sentences of imprisonment under the two sections concurrent.2. it appears that the complainant sri ram, who had obtained a decree against tursia and his son loka, applied for attachment of the property of his judgment ..... them were simple in their nature.3. the main contention on behalf of the applicants is that their convictions under two separate sections of the penal code are illegal. the contention is that inasmuch as the act of rioting and of causing injuries to sri ram and his party was a part and parcel of one and the same .....
Tag this Judgment!Court : Allahabad
Reported in : 92Ind.Cas.463
..... , force was used and the offence of rioting was complete. subsequent injuries though inflicted in pursuance of the same common object would be distinct injuries justifying a conviction under section 323.6. in the present case, had i been of opinion that the sentences passed were severe, i might have remitted the fine in at least one case, ..... indian penal code and sentences or imprisonment and fines. the learned sessions judge on appeal has reduced thesentence so as to make the sentences or imprisonment under the two sections concurrent.2. it appears that the complainant sri ram who had obtained a decree against tarsia and his son loka applied for attachment of the property of his ..... them were simple in their nature.3. the main contention on behalf of the applicants is that their convictions under two separate sections of the penal code are illegal. the contention is that inasmuch as the act of rioting and of causing injuries to sri ram and his party was a part and parcel of one and the same .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1926All276
sulaiman, j.1. this is a reference by the sessions judge of muttra recommending that the conviction of the accused under section 24 of the cattle trespass act (1 of 1871) should be set aside. a report was made by the pound-keeper that the accused had removed a mare from the cattle pound 10 minutes after it ..... mare out of the cattle pound without a finding that it had been properly seized. before a conviction under section 24 can be sustained it is necessary to prove that the cattle which has been rescued was liable to be seized under this act. the circumstances of the case are very curious and in the absence of any statement by the pound ..... -keeper or any reference to it in the judgment that this mare had been rightly seized under the act, the conviction cannot be upheld. if the accused themselves had brought their own mare to the cattle pound and after the horse had gone inside they took the mare out .....
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