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Rex Vs. Goonga
Court : Allahabad
Reported in : AIR1950All143
ORDERDesai, J.1. This is a reference Under Section 341, Criminal P. C., by a Judicial Magistrate of Lucknow.2. The man 'Goonga' who is deaf and dumb and whose name is not known was prosecuted in the Court of the learned Magistrate Under Section 380, Penal Code, for stealing a bullock belonging to Bhagwati Prasad from the barotha of his house on 2nd February 1949, at about 8 p. m. Bhagwati Prasad went to feed his bullock when he found it missing. He looked for it in the neighbourhood of his house and caught the man leading it with a rope at a distance of about fifty paces from his house. He shouted and arrested the man in the presence of a number of witnesses such as Uttam Kumar, Sripal, Laltu and Razzak. The man was not known to these persons. He was then taken with the bullock to the police station where Bhagwati Prasad made a report against him.3. Bhagwati Prasad, Uttam Kumar, Laltu, Sripal and Razzak all deposed that the man was caught red-handed with the bullock and that the bulloc...
Tag this Judgment!Taqi Mirza Vs. Rex
Court : Allahabad
Reported in : AIR1949All708
Mushtaq Ahmad, J.1. One Taqi Mirza, aged 18 year according to the first information report, appeals against his conviction under Section 307,. Penal Code and sentence of three years' rigorous imprisonment by the learned Sessions Judge of Allahabad.2. The occurrence had taken place at 6-46 p. M. on 8th November 1946, in Mohalla Nai Basti, Allahabad City. A report of the incident was lodged by one Chhotelal Ahir, a milk vendor, at the Kotwali Police Station at 7 p. m. the same evening, in which the appellant and another young Muslim were mentioned as his assailants.3. The allegations in the said report were that, when Chhotelal, after supplying milk, was returning from Muthiganj to his house and hail reached a place known as the 'Tuta Puff' (damaged culvert) in Mohalla Nai Basti, two Muslims, both aged 18 years, surrounded him, that one of them, namely the appellant, attacked him with a knife, that the appellant, whom he knew, lived in the Muslim League Office of the Mohalla and that the...
Tag this Judgment!Tandon and anr. Vs. Rex
Court : Allahabad
Reported in : AIR1952All469
ORDERSeth, J.1. This is an application in revision by 1 Tandon and 2 Ram Prasad. They have been convicted of offences under Sections 3 and 4 of the Public Gambling Act. 2. Two points have been urged before me by the learned counsel for the applicants. The first contention is that the evidence on the record does not satisfy the requirements of Section 3 of the Act. It is contended that whereas it has been found that both the applicants are owners of the Kothri which has been found to be a gaming house, it has not been proved that they had knowingly permitted the same to be opened, Occupied, used or kept by any other person as a common gaming house. This is a pure question of fact and was not canvassed in the Court below. If it had been canvassed there, there would have been a clear finding on the point. The learned counsel was not entitled to raise this question of fact, for the first time, in this Court. I have, however, looked into the evidence in the case and I have no doubt that the...
Tag this Judgment!Mohammad Amir Abbasi Vs. NasuruddIn Ahmad and anr.
Court : Madhya Pradesh
Reported in : 1952CriLJ578
Rege, J.1. This is an application under Section 491 of the Criminal Procedure Code.2. The petitioner alleges that his son aged 9 & a daughter aged 7 years have been illegally detained by the opponents. A notice was served on the opponents and in reply opponent No. 1, Sultan Hamid Khan appeared through Pleader to show cause against the rule. His case is that the petitioner was married to Naiyar Jehan Begum but after her death on 16.12.1943 the petitioner did not take care of the children and that he had another wife from whom he had children as well; that after the death of the mother the children were looked after by the mother's mother who died on 6.3.1949. During her life-time she (the mother's mother), made a petition to the Administrator and Chief Minister, Jaora State in March 1948 in which she expressed her desire that after her death the children should be looked after by the Government of Jaora & their property should also be in trust with the State. The Chief Minister accepted...
Tag this Judgment!Bishnath Rai Vs. Rex
Court : Allahabad
Reported in : AIR1950All147
ORDERSeth, J.1. The applicant has been convicted of an offence Under Section 60(a), Excise Act, for having been found in possession of certain quantity of Ganja without licence for its possession.2. Learned counsel has attacked the conviction mainly on the ground that the search was illegal.3. In several cases I have refused to interfere with the orders of the Court below on the ground that the provisions of Section 103, Criminal P. C., were not strictly observed, because I was satisfied in all those cases that the accused had not been prejudiced by a disregard of those provisions of law. At the same time all those cases have produced an indelible impression upon my mind that the provisions of Section 103, Criminal P. C., which are very salutary provisions for the protection of the interests of an accused person are generally observed, more in their breach than in their compliance, by the police of these provinces. It appears to me that it is high time that steps should be taken to sto...
Tag this Judgment!Amulya Ratan Mukherjee Vs. Sm. Kanak Nalini Ghose and ors.
Court : Kolkata
Reported in : AIR1950Cal30
Lahiri, J.1. The appellant Amulya Ratan Mukherjee instituted the suit out of which this appeal arises for a declaration that the ex parte decree passed in Title Suit No. 52 of 1940 of the Court of the fourth Subordinate Judge, 24-Par-ganaa and the execution proceedings arising out of it and the auction sale held therein are not binding upon the plaintiff appellant and that the title of the plaintiff has not been affected by the said decree and sale. The subject-matter of the dispute is the pucca ancestral dwelling house of the plaintiff standing on 12 cottah and 13 chattacks of land in mouza Kantalpara police station Naihati. The case of the plaintiff is that his father Lakshmi Narayan Mukherjee borrowed a total sum of Rs. 2400 on the basis of three mortgage bonds on various dates between 1934 and 1937 from defendant 2, Kanak Nalini Ghose. On 9th August 1939, defendant 2 instituted Title Suit No. 52 of 1940 for sale of the mortgage premises for the realisation of her dues from Lakshmi ...
Tag this Judgment!The King Vs. Darbarilal Show
Court : Kolkata
Reported in : 1950CriLJ59
ORDERSen, J.1. This is a Reference by the Sessions Judge of Burdwan, recommending that the order of conviction and aentenca passed on one Darbarilal Shaw for having committed an offence punishable under Section 188, Penal Code, be set aside on the grounds stated in the Letter of Reference, The facts briefly are as follows :2. On 12th January 1948, a report was sub-mitted by the Khasmahal Tahsildar that Darbari. lal Bhaw was making additions and alterations in an old building in such a way as to encroach upon the Khasmahal lands on the Grand Trunk Road to the extent of 6 inches in breadth. Upon this report being made to the Sub-Divisional Magistrate, he sent it for disposal to another Magistrate Sri. J. K. Ghose who drew up proceedings according to the provisions of Section 144, Criminal P.C. On 9th February 1948, another report was submitted by the Khasmahal Tahaildar that the order Under Section 144, Criminal P.C. was being disobeyed. Upon this a complaint was made by the Magistrate S...
Tag this Judgment!Madho Das Vs. Rex, Through Adya Prasad
Court : Allahabad
Reported in : 1950CriLJ53
ORDERSeth, J.1. This is an application against an order of a Magistrate passed Under Section 310, U. P. Municipalities Act.2. By a notice dated 23rd October 1948 issued Under Section 263 (1)(ft), Municipalities Act Maharaj Bahadur Singh as owner of house No. K25/27 was directed to make certain constructions or to demolish certain portion of that house on the ground that that portion of the house had become dangerous to the public safety. The house itself was in the occupation of the applicant, Madho Das, who claims to be occupying it as a tenant of Maharaj Bahadur Singh.3. Adya Prasad, claiming to be a pairokar of Maharaj Bahadur Singh, applied to the City Magistrate of Banaras on 2fith October 1948 for an order directing Madho Das to vacate the house so that the notice issued by the Municipal Board might be complied with. The case was transferred to a Bench of Honorary Magistrates. On 2lst January 1949 the Bench passed the following order :No sufficient cause shown. It is sufficient t...
Tag this Judgment!Madho Das Vs. Rex
Court : Allahabad
Reported in : AIR1949All738
ORDERSeth, J.1. This is an application against an order of a Magistrate passed under Section 310., U.P. Municipalities Act.2. By a notice dated 23rd October 1948 issued under Section 263 (1) (a), Municipalities Act Maharaj Bahadur Singh as owner of house No. K25/27 was directed to make certain constructions or to demolish certain portion of that house on the ground that that portion of the house had become dangerous to the public safety. The house itself was in the occupation of the applicant, Madho Das, who claims to be occupying it as a tenant of Maharaj Bahadur Singh.3. Adya Prasad, claiming to be a pairokar of Maharaj Bahadur Singh, applied to the City Magistrate of Banaras on 25th October 1948 for an order directing Madho Das to vacate the house so that the notice issued by the Municipal Board might be complied with. The case was transferred to a Bench of Honorary Magistrates. On 21st January 1949 the Bench passed the following order:No sufficient cause shown. It is sufficient tha...
Tag this Judgment!Gul Bahar Vs. W.E. Farquhar
Court : Kolkata
Reported in : AIR1950Cal35
Harries, C.J.1. This is a petition for revision of an order of a learned Presidency Magistrate convicting the petitioner under Section 406, Penal Code and sentencing him to rigorous imprisonment for two months and to pay a fine of Rs. 200. In default of payment of the fine, the accused was sentenced to undergo a further period of 16 days' rigorous imprisonment.2. The petitioner was a tailor and according to the prosecution the complainant entered into a contract with the petitioner whereby he was to provide the petitioner with 800 yards of khaki drill which the petitioner was to use for making shirts for which the petitioner was to obtain a sum of annas ten per shirt. Delivery was to be made within one week. The complainant alleged that though he had delivered the material, the petitioner bad refused either to return the material or the shirts if they had been made out of the material.3. The defence of the petitioner was that he had done work previously for the complainant for which he...
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