Court : Allahabad
Reported in : AIR1972All196
ORDERB.N. Lokur, J. 1. Writ Petitions Nos. 3408 of 1969, 3425 of 1969, 2982 of 1969, 2967 of 1969 and 3343 of 1969 were heard together and are being disposed of by this judgment as they raise a common question of law. All these five petitions have been filed by the State of Uttar Pradesh and seek to quash the orders made in revisional jurisdiction by the District Judge acting as a Tribunal under the Indian Forest Act. 1927 (hereinafter referred to as 'the Act') as amended by the Indian Forest (Uttar Pradesh Amendment) Act, 1965. (U. P, Act No. XXIII of 1965).2. It is not necessary to set out in detail the facts relating to these petitions and it is sufficient to mention the following few bald facts for the purpose of these petitions. Some notifications were issued by the State Government under Section 4 of the Act declaring that it had been decided to constitute the lands specified therein as reserve forest and, in response to the proclamation under Section 6 of the Act which followed ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All350; 1960CriLJ774
ORDERM.C. Desai, J. 1. The applicant in this application challenges the validity of an order passed by Sri Ram Kumar, a Magistrate, first class, Muzaffarnagar, directing a complaint to be made against him for an offence of Section 211, I. P. C. He had on 12-6-1950 filed a complaint against one Hukum Chand, Lekh-pal, for an offence of Section 218, I.P.C.; it was dismissed by a first class Magistrate, Sri Lalta Prasad, on 30-5-1951. Thereupon Hukum Chand applied to the Magistrate (Sri Lalta Prasad) for starting proceedings under Section 476, Cr. P. C. against the applicant for making a false complaint against him. The court, over which Sri Lalta Prasad presided, was abolished and the proceedings under Section 476, Cr. P. C. were transferred to another first class Magistrate, Sri Bhudeo Gupta. On 31-7-1952 Sri Bhudeo Gupta ordered a complaint to be made against the applicant for the offence of Section 211, I.P.C. committed by making the complaint against Hukum Chand falsely. The applicant...
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All501; 1963CriLJ481
Srivastava, J.1. This is an appeal by Jan Mohammad who has been convicted under Sections 302 and 307, I.P.C. by the Civil and Sessions Judge of Mirzapur. For the former offence he has been sentenced to death and for the latter to undergo seven years' rigorous imprisonment. The usual reference under Section 374 ofthe Cri. P.C. for the confirmation of the death sentence is also before us.2. Learned counsel for the appellant did not question before us the correctness of the conviction of the appellant for both the offences. He also did not challenge the main findings recorded by the learned Sessions Judge against he appellant. On a perusal of the record the conviction appears to be perfectly justified. Though an attempt was made at the trial Court to make some of the witnesses to go back on their earlier statements, there can be no doubt that the Sessions Judge was right in his findings that on the 1st May 1961 at about 8 a.m. the appellant Jan Mohammad went to the house of Arshuddin Khan...
Tag this Judgment!Court : Allahabad
Reported in : 1995CriLJ556
ORDERVirendra Saran, J.1. Radhey Sham S/o Gangadhar has filed this revision against the order dated 25-3-1994 of the Sessions Judge, Allahabad refusing bail to the applicant in Crime No. 506 of 1993 of P.S. Sarai Inayat, district Allahabad under Sections 302, 307, 504, 506 I.P.C.2. The prosecution case is that on 1-10-1993 informant Rajendra Pratap Singh, his elder brother Mahendra Pratap Singh, P.W. Radhey Shyam and Dev Narain Singh were having a chat at their Petrol Pump located in village Anduva on the G.T. Road. At about 7 p.m. Radhey Shyam (applicant) Chandra Prakash Alias Panda and Lalji arrived there in an Ambassador Car bearing No. UVA 5511. They had guns with them. The occupants of the car asked Umesh, the Salesman at the pump to be quick and top up diesel in a jerrycan. When Umesh refused to supply diesel out of turn, he was greated with abuses and was also threatened to be shot dead. Mahendra Pratap Singh (deceased) intervened and asked the occupants of the car (accused) to ...
Tag this Judgment!Court : Allahabad
Reported in : (1987)63CTR(All)345; [1987]166ITR698(All); [1987]31TAXMAN495(All)
R.K. Gulati, J.1. This is a reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter to be referred as 'the Act'), at the instance of the Revenue, to answer the following question of law :'Whether, on the facts and in the circumstances of the case, there should have been two separate assessments for the two periods as claimed by the assessee or one consolidated assessment as framed by the Income-tax Officer?'2. The assessee is a registered firm. The assessment year in dispute is 1980-81 and the relevant previous year ended on December 31, 1979.3. Originally the assessee-firm consisted of five partners. During the course of the accounting year relevant to the assessment year under reference, Mahboob Alam, one of the partners of the firm, died on June 10, 1979, and Smt. Quamarunnisa retired from the firm. The remaining three partners along with Saghir Ahmad and Athar Hussain entered into a new partnership to carry on business from June 11, 1979. The assessee-firm filed two...
Tag this Judgment!Court : Allahabad
Reported in : 2006CriLJ2253
Vinod Prasad, J.1. Can an accused be allowed to remain on the same bail bonds or furnish only fresh bail bonds for the offences triable by the court of sessions, if he was earlier granted bail for offences triable by the magistrate in the same crime number, is the question, which has been mooted in the present application for consideration by the applicants. As this question has burdened this Court regularly, therefore, it requires determination. But before adverting to the aforesaid question a resume of the facts.2. The informant Manoj Kumar lodged a FIR on 6.10.2005 at 10.40 A.M. at the police station Pahasu, district Bulandshahr, in respect of an incident alleged to have taken place on 6.10.2005 at 7.00 AM as crime No. 256 of 2005 Under Section 147, 148, 452, 323, 324 IPC. Two sets of siblings were arrayed as accused. Rohit alias Chhotu and Gaurav are the sons of Shyam Lal and Veerendra, Kalyan Singh and Shyam Lal are the sons of Mukundi Lal and all were said to be armed with pharsa...
Tag this Judgment!Court : Allahabad
Reported in : 1991CriLJ2499
Palok Basu, J.1. In short, the controversy in all these matters is as to whether if and when a licence to live in a quarter is revoked by a liceneesor, can the licensee be prosecuted for an offence Under Section 448, IPC.2. Criminal Appeal Nos. 207 of 1981, 208 of 1981, No. 209 of 1981 and No. 210 of 1981 related to matters which, according to the learned counsel for the appellants have become infructuous and on the strength of his statement these are being dismissed as not pressed. These four matters related to acquittals of Ram Lakhan, Jogendra Singh, Sarabjeet Singh and Bhullau. Since they are not being pressed no further discussions on the details of these appeals are necessary.3. The respondents Ram Lakhan, Ram Bharosey, Sarabjeet, Pati Ram, Ram Dayal, Phool Chand and Chhabi Lal in all these seven appeals were prosecuted on different complaints filed by Somnath Pal alleging himself to be the Vice-Chairman of Radha Swami Sat Singh Sabha, Agra, Under Section 448, IPC but the magistr...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1990MP171; 1990(0)MPLJ253
V.D. Gyani, J.1. By this petition under Article 226 of the Constitution of India, the petitioners (in all 23) have challenged the'Rules' for admission to Post-Graduate Degree and Diploma Courses in Medical Colleges of the State of Madhya Pradesh, as also the rules for allotment of House-jobs, in the Hospitals attached to the Medical Colleges in t-he State.2. It is an. admitted position at these admissions to Post-Graduate Courses are governed by executive instructions issued by the State Government under Article 162 of the Constitution of India, although they are titled as Madhya Pradesh Selection for Post-Graduate Courses (Clinical, Para-clinical and Non-Clinical Courses) in Medical Colleges of Madhya Pradesh Rules, 1984 (hereinafter referred to as P.G. Rules). The rules pertaining to Diploma Courses are referred to as 'Diploma Rules'. These rules have been annexed to the petition as Annexures P/1 and P/3. It may also be noted that though titled and called as 'Rules', they are not sta...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(3)MPHT132
ORDERS.L. Kochar, J.1. This reference has been made by the learned IV Addl. Sessions Judge (Fast Track Court), Mhow, under Section 395 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), for decision on the following questions of law, arose before him when the file reached before the learned Fast Track Court on transfer from the Court of the then learned Second Additional Sessions Judge for further trial and disposal:--(1) Arising out of omission to determine status of approver Baboolal (witness or accused) by Sessions Court.(2) Omission to decide application dated 11-6-99 of Addl. Govt. Pleader to prosecute approver for giving false evidence.(3) Contravention of Section 308 (Proviso), Cr.PC.2. Short resume of the facts necessary for determination of the questions raised by the learned Fast Track Court (Trial Court) may be stated thus :--(a) The police of Police Station, Badgonda, Tehsil Mhow, filed a charge-sheet for the offences under Sections 302, 201, 202 and...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP288
Bhutt, C. J.1. This is a letters patent appeal of the C. P. Syndicate Ltd., Nagpur, against the order of Mudholkar J. in Miscellaneous (First) Appeal No. 163 of 1949, confirming the order of the Additional District Judge, Chhindwara, in civil suit No. 3-B of 1934, by which its execution application was held to be barred by limitation.2. The C. P. Syndicate Ltd., Nagpur obtained a consent money decree on 22nd July 1936 in the Court of the, First Additional District Judge, Nagpur, in civil suit No. 3-B of 1934, against Hasan Ali, Gulam Abbas and Abdul Kadar who are brothers. The decree was subsequently transferred for - execution to the Court of the Additional District Judge, Chhindwara. The decree-holder filed an application for execution of the decree on 5-4-1941, which was dismissed on 13th December, 1941. A fresh execution application was filed On the same date, namely, 13th December 1941. Hasan Ali made an objection to the execution alleging that on 18th July 1936 the decree-holder ...
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