Privy Council Cases

Chandra Bhal Vs. Rex.

Court : Allahabad

Reported in : 1949CriLJ970

ORDERDesai, J.1. This application is directed againat an interlocutory order passed by a Magistrate rejecting the applicant sapplication for a regular trial in place of summary trial, The applicant approached the Additional Sessions Judge, Kheri, who refused to interfere.2. On 1st May 1948, the Station Officer of Neem Gaon submitted a charge-sheet against the applicant for his proseoution under 8. 60, Excise Act, It was stated in the charge, sheet that during the search of the applicant's house liquor was recovered and that it was found on analysis to be illicit. The charge-sheet was presented in the Court of the Magistrate through the proseouting Sub-Inspector, who did not make any alteration in it. The Magistrate issued a summons against the applicant and he appeared in his Court on 27th July 1948. As the prosecution evidence was not present, the case was adjourned to 14th August 1948. On 27th July 1948, the Station Officer added a note on the back of the charge-sheet stating that he...

Basanti Devi W/O Laxmi Chand Vs. Rex

Court : Allahabad

Reported in : AIR1949All650; 1949CriLJ991

ORDERMalik C.J.1. This case discloses an extraordinary state of affairs. A report was made on 12th March 1947, by the Tahaildar of Ghaziabad that one Gauri Shanker had ereoted a temporary building on ballis which was likely to catch fire and, as it was in the proximity of the tehsil building, there was a danger to the tehsil building and, therefore, proceedings under B. 183, Criminal F. C, should be taken against Gauri Shanker and the building demolished under the provisions of the said section. A notice was issued to Gauri Shanker, but on the date fixed for hearing he did not appear. On that date the learned Magistrate passed an order to the following effect;After service of notice be appeared only on 26th. August 1947, when he was directed to produce the order of the District Magistrate of Meerut to start the cinema. But he did not upto this day put in his appearance, nor did he produce the order of the District Magistrate of Meerut. It is, therefore, ordered, as per order in English...

Nanhey Mal Narottam Das Vs. Rex Through Lucknow Municipal Board

Court : Allahabad

Reported in : AIR1950All158

ORDER1. These six criminal revision applications may be disposed of by one common judgment as they raise the same question of law.2. The material facts lie within a short compass. Applications Nos. 18, 22 and 23 are made by Nanhey Mal-Narottom Dass and applications Nos. 19, 20 and 21 by Ram Adhin Mathura Prasad. Both the applicants were convicted under Section 299, U. P. Municipalities Act read with Rule 32, Terminal Tax Rules in force in the Lucknow Municipality. Rule 32 framed by the Government of the United Provinces in exercise of the powers conferred by Section 296, U. P. Municipalities Act, 1916, for the assessment and collection of terminal tax published with notification No. 584/XI-D. T. 81, dated 25th February 1928, as subsequently amended, under the said Act, for the Lucknow Municipality runs as follows:'32. Any person--(a) who, subject to the condition of Rule 28 fails to pay on demand the terminal tax assessed on his goods under any of these rules, or(b) a person introducin...

Pakhar Singh and ors. Vs. the Crown

Court : Punjab and Haryana

Reported in : AIR1950P& H66; 1950CriLJ581

Harnam Singh, J.1. Pakhar Singh, aged 20 years, Naranjan Singh, aged 22 years, Pal Singh aged 25/30 years, and Nihal Singh, aged 21 years, have been convicted Under Sections 392 and 411, Penal Code and sentenced to seven years' rigorou3 imprisonment each Under Section 392, Penal Code, and one year's rigorous imprisonment each Under Section 411, Penal Code. The sentences passed Under Sections 392 and 411 of the Code have been ordered to run concurrently. Nihal Singh, Paghar Singh and Naranjan Singh appeal,2. The facts, so far as material, are that Mehnga Singh P, W. 1 and Hardial Singh p, w, 7 left Ghall Ealan village at about 2 P. M. on 27th February 1948 for Gajjanwala village. On the way near a well in the area of Safuwala village they met four or five shikaris who informed them that some men were sitting uader suspicious circumstances in the reeds near the khal and that they Bhould proceed cautiously. Mehnga Singh and Hardial Singh, however, moved on and when they reached near a wat...

Judhabir Chetri Vs. the King

Court : Guwahati

1. This is an application under the provisions of Section 526, Criminal P. C., for transfer of Misc. case No. 4 of 1949 from the f-le of Mr. Mahiuddin Ahmed, Magistrate, 1st class, Tezpur, to some other Court of competent juisdic tion at Tezpur. In Pdra. 8 of the application, it is stated that the applicant has come to know that the trying Magistrate is closely related to the Superintendent of Excise and that he stayed with the Superintendent for about a fortnight when he first visited Tezpur, and that the trying Magistrate went to Balipara to try the case in the same car with the Superintendent, the oar belonging to the Superintendent; the applicant was, therefore, apprehensive that he would not get a fair and impartial trial at the hands of the trying Magistrate, Mr. Mahiuddin Ahmed.2. It appears that an application for transfer of this case was in the first instance made to the District Magistrate, Darrang, under Section 628, Criminal P. C., but the learned District Magistrate refu...

N.G. Sabde and ors. Vs. the Crown

Court : Mumbai

Reported in : AIR1950Bom12; 1950CriLJ254

ORDERHidayatullah, J.1. These are 21 applicants who have been convicted Under Section 188, Penal Code and Section 17 (1), Criminal Law Amendment Act, some of whom were sentenced to four months' rigorous imprisonment Under Section 17 (1), Criminal Law Amendment Act and a fine of Es. 50 Under Section 188, Penal Code, while the rest have been sentenced to pay Rs. 50 fine Under Section 17 (1), Criminal Law Amendment Act and to a further fine of RSection 10 Under Section 188, Penal Code.2. The facta are admitted. The Provincial Government declared the organisation called the Rashtriya Swayam Bewak Sangh (shortly R. S. S.) as an unlawful body under Section 16/16, Criminal Law Amendment Act, The members of the sangh tried for a time to get the ban lifted but thereafter they decided to resume the activities and to offer satyagraha. The satyagraha appears to have been peaceful and an intimation was sent in advance to the District Magistrate, Akola. These applicants along with some others assemb...

Nura and ors. Vs. Rex

Court : Allahabad

Reported in : AIR1949All710; 1950CriLJ29

Mushtaq Ahmad, J.1. Nura, aged 40, Azimuddin, 24 or 25, Ibrahim 35, Jumma 25, and Karma 60 or 62 years of age, the first being resident of village Harsauli, the second of village Nirmana and the others of village Kaserwa, district Muzaffar-nagar, appeal against their conviction and sentences passed by the learned Sessions Judge of that place. Appellant l was convicted Under Section 366, the second Under Sections 366 and 376, the third Under Sections 366 and 368, the fourth Under Sections 368 and 376, and the fifth Under Section 366, Penal Code each being sentenced to a period of three years' rigorous imprisonment, the same being cumulative in the caae of appellants 2 to 4.2. There were two other persons also tried with these appellants, Najmuddin and his wife Mt. Saeedan, but they were acquitted by the learned Judge.3. A girl named Hajra, aged about 12 or 13 years was alleged to have disappeared from the house of her father Alimuddin, 4 gharis after nightfall on 30th March 1947, in vil...

MaqbooluddIn Vs. Rex

Court : Allahabad

Reported in : AIR1950All5

ORDERMalik, C.J.1. These are two connected revisions against the convictions and sentences passed against the applicants Under Section 161, Penal Code. The case for the prosecution was that in June 1947, one Moizuddin found that a mare, which he had lost about two years before, was yoked to an ekka, which was being driven by one Buddhu. He stopped the ekka and asked Buddhu from where he had got the mare. Buddhu told him that he had bought it from one Sharda. A report was thereupon made to Maqbuluddin, head constable, at the George Town outpost. Maqbuluddin, according to the prosecution, approached Sharda and demanded a bribe and threatened Sharda that if he did not pay the money he would be prosecuted for theft of the mare. Sharda was the tenant of one Ganesh Dutt. Ganesh Dutt, Sharda and Vachaspati Tripathi, head clerk in the District Supply Office, decided to lay a trap and informed the Additional District Magistrate, Mr. D.S. Rathor that Maqbuluddin was demanding bribe. The Magistra...

Babu Vs. Rex.

Court : Allahabad

Reported in : 1949CriLJ944

Mushtaq Ahmad, J.1. Babu appeals against his conviction under s, 436, Penal Code read with Sections 6 and 18, U. P. Act, XXlV [24] of 1947 and sentence of seven years' rigorous imprisonment together with a fine of Bs. too and six stripes passed by a first class Magistrate of Mathura.2. The occurrence, which was the subject of the charge, had taken place at 9-45, on the morning of 27th October 1947, in Qasba Baldeo, one furlong from police station Baldeo. That was that the appellant had set fire to a fallen thatch belonging to himself which was resting on a wall over chabutra, five paces from his own residential be use.3. Lala Earn, p. w. 1, is saia to have sent a written slip to Pandit Mani Bhushan, the President of the local Congress Committee, who was also an Emergency Magistrate regarding tbis occurrence, and the latter then sent an information about it to the Sub-Inspector, Ch. Rudra Datt Tyagi, who, in his turn, lodged a report at the police station.4. The primary question before ...

Babu Vs. Rex

Court : Allahabad

Reported in : AIR1949All620

Mushtaq Ahmad, J.1. Babu appeals against his conviction under Section 436, Penal Code read with Sections 6 and 18, U.P. Act, XXIV [24] of 1947 and sentence of seven years' rigorous imprisonment together with a fine of Rs. 500 and six stripes passed by a first class Magistrate of Mathura.2. The occurrence, which was the subject of the charge, had taken place at 9-45, on the morning of 27th October 1947, in Qasba Baldeo, one furlong from police station Baldeo. That was that the appellant had set fire to a fallen thatch belonging to himself which was resting on a wall over chabutra, five paces from his own residential house.3. Lala Ram, P.W. 1, is said to have sent a written slip to Pandit Mani Bhushan, the President of the local Congress Committee, who was also an Emergency Magistrate regarding this occurrence, and the latter then sent an information about it to the Sub-Inspector, Ch. Rudra Datt Tyagi, who, in his turn, lodged a report at the police station.4. The primary question before...