Skip to content


Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: allahabad Year: 1953 Page 3 of about 48 results (0.044 seconds)

Jul 30 1953 (HC)

Abdul Waqar Vs. State

Court : Allahabad

Decided on : Jul-30-1953

Reported in : AIR1954All12

..... the accused. the main point, however, for consideration in this case is whether it was a case in which the accused should have been charge-sheeted under section 112 or under section 113 railways act.if in fact abdul waqar held a token which he was unable to produce when demanded by the; railway servant and as a railway servant, there was no ..... orderrandhir singh, j.1. this is a reference by the sessionsjudge of lucknow recommending that the conviction of abdul waqar under section 112, indian railways act and the sentence of fine of rs. 50/- imposed on him be set aside.2. it appears that abdul waqar was found travelling in a railway special train meant to convey railway servants holding passes or token, without ..... 112, railways act was framed against abdul waqar and he ..... a proper pass or ticket. he was detected by the special squad and was then produced before a magistrate. a charge under section .....

Tag this Judgment!

Jul 22 1953 (HC)

Madanlal Haweliwala and anr. Vs. State

Court : Allahabad

Decided on : Jul-22-1953

Reported in : AIR1954All27

..... recommending that the order of the sub-divisional magistrate, nanpara, convicting and sentencing madan lal haweliwala & another to pay a fine of rs. 50/-under section 92 of the factories act of 1948 be set aside.2. the facts of this case are simple. sri madan lal haweliwala is the proprietor and occupier of janki rice mills rupaidiha and sarju prasad is his ..... the case after 11-12-1950, that is more than three months after the offence had been committed. it is provided in section 106 of the factories act that cognizance of an offence committed in connection with the factories act or rules could be taken only within three months of the date of the offence. in the present case no complaint was in ..... set aside.4. the reference made by the sessions judge is therefore accepted. the order of conviction and sentence of fine passed upon. madan lal haweliwala and sarju prasad under section 92 of the factories act. 1948. are therefore set aside. they are acquitted. the fine, if paid, shall be refunded to them.

Tag this Judgment!

Jul 23 1953 (HC)

Chandra Bhan Vs. the Rent Control and Eviction Officer, Agra and ors.

Court : Allahabad

Decided on : Jul-23-1953

Reported in : AIR1954All6

..... 1951, which the additional commissioner purported to quash by hisorder of the 21st may following does not constitutean order of allotment within the meaning of section 7of the act, it is not necessary to direct the issue ofa writ quashing the latter; and as we have heldthat there is no subsisting order of allotment ..... a consideration of the validity of the order made on 6th june. there are two statutory requirements which must be borne in mind, first, under section 7(1) of the act an order of allotment cannot be made until after the accommodation has fallen vacant -- 'badri prasad tripathi v. district magistrate', air 1952 all 832 ..... this makes any difference. we think it to be important for the due administration of the control of vacant accommodation that the provisions of this sub-section should be strictly complied with, otherwise much confusion and uncertainty may arise.15. in the view we take as to the nature of the order ..... to let or not to let such accommodation to any person.'we are of opinion that, the order for which provision is made in this sub-section must be an order addressed to the landlord requiring him to let or not to let vacant accommodation. this view is supported by the terms ..... of circumstances are the following :one suraj bhan jain, who is the father of the petitioner, was the owner of certain premises in agra. on 23-2-1950, he informed the rent control and eviction officer, agra, that the portion of the premises which was occupied by sri genda lal jain was about .....

Tag this Judgment!

Jul 28 1953 (HC)

Debi Das Vs. State

Court : Allahabad

Decided on : Jul-28-1953

Reported in : AIR1954All9

..... for the state had no objection to sri darbari having an opportunity of meeting the objection raised on behalf of the state.2. i have heard arguments on the question, whether under section 4 (1) of the first offenders probation act this court can commute a sentence of fine and release the offender on probation of good conduct? the contention on behalf of ..... the state is that the scheme of the act clearly indicates that sentences of imprisonment alone fall within the purview of the act and not sentences of fine. emphasis was laid on the word 'release' used in section 4 (1) of the act. it was contended that a person can only be released, strictly speaking, from prison ..... behalf of the state it was argued that before i could exercise my powers under that act it was the duty of the applicant to satisfy me in regard to certain matters provided for by section 4 (1) of that act. sri darbari thereupon took time to file an affidavit disclosing the circumstances which would entitle the applicant to have the benefit of ..... the first offenders probation act. such an affidavit was filed on 5-6-1953, and thereafter the case was again .....

Tag this Judgment!

Jul 17 1953 (HC)

Pandey Parshotam Prasad Vs. Balram Prasad Misra

Court : Allahabad

Decided on : Jul-17-1953

Reported in : AIR1954All1

..... limit of two months and no more and no option being given to the court to extend that period even for good cause, the legislature amended section 9 by the amendment act no. 11 of 1939, which came into force on 30-9-1939. after the amendment the creditor made an application on 28-11-1939, that ..... 1940, directed that a copy of this objection may be sent to the revenue authorities concerned and they may be asked to file a reply by 24-2-1940.2. it may be mentioned that by reason of the great hardship that had been caused by the restriction put on the power of the special judge to ..... court-fee on the memorandum of appeal was insufficient. the matter was still pending, and it had not been decided either one way or theother.on 24-2-1940, when that report was put up before the learned additional district judge and learned counsel stated that he did not wish to proceed with the appeal, ..... order of special judge dated 17-11-1938, was merged in the order of the learned district judge dated 24-2-1940, and the matter could not be reconsidered by the special judge. when an appeal filed in a court against an order passed by the lower court ..... sic) 18-1-1938, be reconsidered and admitted (sic) having been filed within time. in view of that application, the appeal was not pressed and on 24-2-1940, the learned district judge passed an order striking it off.9. the point) urged by learned counsel for the respondent is that appeal having been dismissed the .....

Tag this Judgment!

May 07 1953 (HC)

Raj NaraIn Singh Vs. Atmaram Govind and anr.

Court : Allahabad

Decided on : May-07-1953

Reported in : AIR1954All319

..... indefinite powers or rights possessed by either house of parliament under the head of privilege or law and custom of parliament.' parliamentary privilege is a difficult theme for precise legal definition. as is well, known parliamentary privilege in britain has a long and eventful history. the position, as it has crystallised itself after a series of conflicts between the crown ..... own constitution articles 324 and 329 deal with election matters. now, on this basis it is urged that the only rights which had not been the subject-matter of definition in previous or subsequent articles by the constitution are the rights to regulate its own proceedings and the right to enforce observance of its privileges by fine, imprisonment or expulsion ..... directed the serjeant at arms to exclude him by actual force from the house until he should engage not further to disturb its proceedings. these cases forcibly illustrate the complete degree of internal autonomy which the house of commons enjoys in a matter relating to its internal affairs. on this part of the case, see holdworth's history of english law ..... , the observation was made by mukerji j. in a case under the preventive detention act, 1950, that the principle of 'autre fois acquit' under section 403 of the code of criminal procedure has no application to a case under the preventive detention act and that the constitutional protection of article 20(2) of the constitution is also inapplicable because 'satisfaction under the preventive detention .....

Tag this Judgment!

May 07 1953 (HC)

Vishnu Pratap and ors. Vs. Sm. Revati Devi and ors.

Court : Allahabad

Decided on : May-07-1953

Reported in : AIR1953All647

..... held that the order extending the period of limitation was not a judgment and therefore no appeal lay under clause 10 of the letters patent.18. a comprehensive definition was attempted to be given by hidayatullah j. in -- 'manohar damodar v. baliram ganpat air, 1952 nag 357 at p. 376 (t). the ..... of all the parties to the cause or matter. it is either interlocutory or final.' the learned judge was of the opinion that a more accurate definition was to be found in black on 'judgment' where the author had said: 'we may define a 'judgment' as the determination or sentence of the ..... to grant the sanction and rejected the petition. the learned chief justice, held that an appeal lay from an order rejecting a scheme both under section 202, companies act, and clause 13, letters patent of the rangoon high court. the order in that case was passed in the course of the winding up proceedings ..... the opposite parties against whom an order was made by the learned company judge under section 153 co (8), companies act (vii of 1913). a preliminary objection has been raised on behalf of the applicant respondent 1 that no appeal lies.2. we have confined the arguments only to the preliminary objection and, it is, ..... argument was accepted by the full bench which held that such appeals were governed by the letters patent and not by section 588 of the code. (l0a) in -- 'mathura sundari v. haran chandra', air 1916 cal 361 (e) sanderson, c. j. and mookerjee j. were inclined to take a different view and woodroffe .....

Tag this Judgment!

Nov 13 1953 (HC)

Hansa and ors. Vs. State

Court : Allahabad

Decided on : Nov-13-1953

Reported in : AIR1954All381

..... them there; but if the owner of a field attempts to seize them while actually trespassing, he is within his rights in capturing them before they have definitely made their escape from the spot, even though they were not actually inside the field when captured. a previous nagpur case -- 'bhagwant rao v. champat ..... i do not think that the words can be stretched to cover the circumstances of the present case. at the most, the act of seizure may be within section 10, cattle trespass act, if it is effected at a spot within easy reach of the field damaged, but in this case the distance is very great ..... the accused, provided ' notice of trespass was taken immediately and the complainant waspursuing the cattle in order to take them to the pound. section 10 of the cattle trespass act gives a cultivator or occupier of any land a right to seize any cattle 'trespassing on such land and doing damage thereto' and to ..... cannot, by any means, be said to be an unduly long period. all the nine persons mentioned in the report were sent up for trial under the sections mentioned above. the learned sessions judge acquitted four of the accused persons, viz. govinda, balla, jodha, sheoraj and convicted the five appellants and sentenced them as ..... , 1950. his post mortem examination was held on the 1st of june 1950 at 10-30 a.m. and the medical osicer noticed four injuries on his person. injuries nos. 1 and 2 were two contusions on the front part of the head towards the right. injury no. 3 was an abrasion on the .....

Tag this Judgment!

Oct 22 1953 (HC)

Durgeshwar Dayal Seth Vs. Secretary, Bar Council and ors.

Court : Allahabad

Decided on : Oct-22-1953

Reported in : 1954CriLJ1485

..... has been made by any legislature or authority having power to make such provision, the amalgamation order remains in force. it follows that section 1(2) of the principal act refers to the new high court. but that seems to me to be the only effect; it has not the effect of conferring ..... allahabad constituted by the u. p. high court amalgamation order' in place of the word 'allahabad' in section 1(2) of the principal act. the object of the amendment act was to apply the principal act with some modifications to the persons claiming a right to practise before the court. thus the pith and substance ..... to practise before the high courts'. the amendment act is not said to be with respect to any of the matters mentioned in list ii, ('state list') and therefore, it is left out of consideration. in list iii, there is entry no. 26 'legal, medical and other professions'.the matters dealt with in ..... the principal and the amendment acts undoubtedly come within entry no. 26 of list iii ..... , but it was contended on behalf of the applicant and denied on behalf of the opposite parties, that the matters dealt with in the amendment act are included .....

Tag this Judgment!

Jul 21 1953 (HC)

Basheshwar Nath Vs. State

Court : Allahabad

Decided on : Jul-21-1953

Reported in : AIR1954All28

..... application for the transfer of a case pending in the court of sri a. n. singh, judicial magistrate 1st class, hardoi, to some magistrate at allahabad, competent to try it.2. on behalf of the state a preliminary objection is taken to the hearing of this application by this court on the ground that this court has no jurisdiction under the .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //