Court : Allahabad
Decided on : Aug-02-1967
Reported in : AIR1968All333; 1968CriLJ1320
..... against them was insufficient. out of the other group who were not arrested on the spot and the evidence against whom was purely of identification, the trial judge acquitted mohan and harihar singh for want of sufficient proof. he, however, convicted the remaining seven accused persons and sentenced them to various terms of imprisonment. ..... 1963. they were put up for identification on 1st february, 1964 and 22nd february, 1964. after due investigation and obtaining sanction for the prosecution under the arms act, charge-sheets were submitted against all the eleven accused persons. 4. the prosecution in support of its case in all examined 28 witnesses. out of them, ..... bhargahna after having made preparations to commit dacoity at the house of khurram chamar. jagnu, sumer and jawahar were further charged under section 25(a) of the arms act. jagnu, mohan, sumer and harihar singh were acquitted. the remaining seven, namely, mahesh singh minna, ram pal singh, ram singh, jawahar, chhotey lal and .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-02-1967
Reported in : AIR1969All342
..... of 1954, seem to proceed upon a distinction between rectification of errors under sections 8 and 9 of the act and the more elaborate proceedings under section 12 of the act, which may even raise questions of title referable, through a civil judge, to the arbitrator, but there the similarity ends. it may be mentioned here, in passing, that this scheme was ..... which has been made by sub-section (2) of section 23 is in regard to the reference made to the civil judge and which had not been disposed of till then. it will be seen that section 21 of the act envisages proceedings up to the stage of an appeal and does not cover revisions filed under section 48 of the ..... case of sheoraj singh, that case is 1967 r. d. 51. in banshidhar's case the learned judge expressed the opinion that there being no provision in the act that orders passed in objection under section 9 of the act (equivalent to section 12 of the old act), if the objections are decided after the stage of objections under section 20 of the .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-25-1967
Reported in : AIR1969All43
..... the parliament hath resolved and appointed to cure the disease of the common-wealth, and4th. the true reason of the remedy and then the office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, ..... continue in force,'the 9th schedule at present has 64 entries. the explanation to the 9th schedule is:'explanation: -- any acquisition made under the rajasthan tenancy act, 1955 (rajasthan act, iii of 1955), in contravention of the second proviso to clause (1) of article 31-a shall, to the extent of the contravention, be void.'it ..... in 35 villages were determined by the impugned notification of 30th june, 1966. there has been no enforcement of the u. p. zamindari abolition and land reforms act to the government estates in these villages. the petitioners' rights, title and interest under the leases have vanished. they have not acquired any rights under the .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-24-1967
Reported in : AIR1968All83
..... in evidence in order to aggravate the offence. however, that would not in any way militate against the reliability of the dying declaration of the deceased. the learned judge fell into the error of thinking that this was an important circumstance affecting the validity of the dying declaration. in this he was not right for the dying declaration ..... to prove the charge. after having given our anxious thought to the whole matter we have reached the conclusion that the finding of acquittal recorded by the learned judge below is wholly erroneous and deserves to be set aside.14. we accordingly allow this appeal,set aside the acquittal of the respondentsand convict them under section 302 ..... one would have expected the deceased to ascribe a prominent part to shyam dutt in the occurrence as we have noticed above, shyam dutt was not assigned any overt act in the actual assault on the deceased. on the other hand, it was moti accused who belonged to another village and was not a direct relation of shyam .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-20-1967
Reported in : AIR1968All20; 1968CriLJ7
..... upadhya, air 1961 sc 751 it was held:'para 486 is mandatory and if the investigation has not been held under chapter xiv of the criminal procedure code, the subsequent inquiry and the order of dismissal are illegal 'on behalf of the appellant, it has been contended that the term 'departmental action' occurring in paragraph 486 of the ..... . in this view, he refused to grant any relief to the plaintiff. being aggrieved with that order, the plaintiff went up in appeal. the learned civil judge disagreed with the findings of the munsif. he found that the departmental proceedings conducted against the plaintiff were in contravention of the mandatory provisions of paragraph 486 of the ..... directed.5. the only submission made on behalf of the appellant is, that there was no bar in conducting the departmental trial under section 7 of the police act, even before the acceptance of the final report, and the only essential was, that the punishment could be awarded after such acceptance.6. there appears to .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-10-1967
Reported in : AIR1969All223
..... was a departure from the principles of natural justice ordinarily governing such cases.18. moreover, the inquiry being of a quasi-judicial nature, the authority hearing the case must act judicially that is, apply its own mind to the case before it and not rely upon ..... government a representation through the government of uttar pradesh demanding an opportunity to be heard in person and produce evidence at the inquiry, but this demand was refused by the central government which asked him to put forward any material which he wanted in the ..... try it, and dismissed the suit.on appeal the learned civil judge affirmed the view of the trial court that the jurisdiction of the civil court was barred under section 9(2) of the act. he dismissed the appeal without considering the merits of the case. ..... , j.1. this is a second appeal by abdul salam from the decree of the additional civil judge, aligarh, affirming that of the additional munsif, augarh, dismissing his suit for permanent injunction to restrain .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-27-1967
Reported in : AIR1969All414; 1969CriLJ1011; (1968)IILLJ16All
..... little bearing on the interpretation of article 311 of the constitution.20. the impugned order dated 21-5-1956 ran thus;'having been convicted by the district & sessions judge, allahabad acting as a special judge, the services of sri kunwar bahadur. . . .are terminated with effect from the date of conviction i.e. 17-5-1956.'mr. n. d. pant ..... bahadur appealed against the order of conviction. the appeal was allowed by this court on 9-4-1957. kunwar bahadur instituted a suit in the court of the civil judge, allahabad for a declaration that the order of removal of the plaintiff from service is void, and the plaintiff continues in service. he also claimed the recovery of ..... facts of the case are these. kunwar bahadur was employed as a clerk in the evacuee property department. on 17-5-1956 he was convicted by a special judge (anti-corruption) for taking a bribe. on 21-5-1956 the deputy custodian of evacuee property, allahabad passed an order terminating kunwar bahadur's services with effect from .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-20-1967
Reported in : [1968]67ITR616(All)
..... observations of the supreme court, albeit obiter, in p. krishna menon v. commissioner of income-tax and the decision of the madras high court in the case a retired judge acting as an arbitrator in the commissioner of income-tax v. v. p. rao.before dealing with the supreme court case, it is perhaps best at this stage to clear ..... the subject-matter of criticism before other judicial officers who may be his colleagues on the bench.'this clarified the position and placed an absolute embargo on a sitting judge from acting in any arbitration matter, and the payment of any honoraria was rules out. but in the assessees case it was only at the instance of the late sardar ..... , though in a sense they engage part of tier owners time, they equally do not constitute his occupation... in its context used in this act.'on the question of causal and non-recurring, the learned judge held that betting transactions had nothing of a recurring nature about theme. 'it was not its nature to recur. if it did in fact .....
Tag this Judgment!Court : Allahabad
Decided on : May-11-1967
Reported in : (1968)IILLJ1All
..... be paid his salary throughout. in para. 2, the order has stated that in view of the above legal opinion, the municipal board be instructed to act accordingly. in june 1968 the municipal beard made a representative, but the same was rejected by an order dated 13 october 1966.5. for that petitioner it has been urged that ..... and as such the state government had no jurisdiction to readjudicate that matter. i do not agree. the writ petition was not pressed at the final hearing. the learned judge specifically held that it is not necessary to discuss that petition on merits. in d(sic) state of uttar pradesh : [1962]1scr574 the supreme court held:if ..... not given any retrospective effect. hence they were not applicable in 1958 or in 1959. the abolition of the post therefore did not contravene any provision of the municipalities act or the rules.12. it was also urged that respondent 3 was a permanent employee holding the post substantively. he services, therefore, could not be terminated abruptly. .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-19-1967
Reported in : [1968]21STC37(All)
..... buyers, paid sellers the price of the goods and received from the buyers their price. selling of goods was not simultaneous with receiving them. on these facts the judge (revisions) had held that they were dealers, and the only question was whether there was material to support that finding. the high court held that the facts ..... dealer' and 'other agents' is clearly brought out :...a broker is distinguished from an agent, in .that a broker holds himself out for employment by others, and acts as an intermediate negotiator between the parties to a transaction, and in a sense is the agent of both parties, whereas the element of exclusiveness of representation of the ..... and the price was settled with the approval of the sellers, an inference will be drawn that the sellers themselves entered into those sale transactions and the applicant acted merely as a broker without having any authority to sell those goods. in allowing the revision, he directed a fresh assessment to be made in accordance with .....
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