Skip to content


Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: allahabad Year: 1953 Page 4 of about 48 results (0.075 seconds)

Jul 13 1953 (HC)

Bhaggo Singh Vs. Sanoman Singh and ors.

Court : Allahabad

Decided on : Jul-13-1953

Reported in : AIR1954All13

..... recommendation madeby the learned additional magistrate is accepted to this extent that the original order of themagistrate dated 20-5-1952, terminating theproceedings under section 145 of the code ofcriminal procedure is set aside. the file willgo back to the learned magistrate who willproceed from the stage before which the ..... then passed an order releasing the property in favour of the opposite party and suggesting to the station officer that he might move for proceedings under section 145, cr. p. c. afresh if there was an apprehension of a breach of the peace. this order was passed on 9-7-1952 ..... -party is neither present nor represented despite due notice for appearance today. there does not appear any genuine need of proceeding with the case under section 145, cr. p. c. now. let the attached property be released in favour of the party from whose possession it was attached by the ..... sub-divisional magistrate, bahraich releasing property which had been attached in proceedings under section 145, cr. p. c. in favour of the opposite-party be set aside and it be ordered that the property may continue in attachment.2. it appears that there was some dispute relating to some cultivatory land ..... and bhaggoo singh made an application asking the court. to take proceedings under section 145, cr. p. c., against the opposite-party sanoman singh and .....

Tag this Judgment!

Jul 28 1953 (HC)

Chandrapal and ors. Vs. State Through Mahabir and anr.

Court : Allahabad

Decided on : Jul-28-1953

Reported in : AIR1954All14

..... within which they are to return their verdict.' it would thus appear that a magistrate would appoint a jury after the party, against whom a notice under section 133, cr. p. c., had been issued, appears and asks for a jury. there is no provision that the magistrate would appoint a jury even ..... ram moye : air1933cal318 , has been cited. it was held in this ruling that it is open to the persons to whom notices have been issued under section 133, cr. p. c., to ask for a jury, even after the magistrate has come to the conclusion after enquiry that there was no reliable evidence in ..... the applicants went in revision to the sessions judge, who dismissed the application for revision. the applicants have now come up in revision to this court.6. section 135, cr. p. c., lays down : 'the person against whom such order is made shall-(a) perform, within the time (and in the manner) ..... specified in the order, the act directed thereby or (b) appear in accordance with such order and either show cause against the same, or apply to the magistrate by whom it was made to ..... refusing to interfere with an order passed by a magistrate, first class, under section 133, cr. p. c., requiring the applicant to remove an obstruction from a public way.2. mahabir and babadin made an application to the sub divisional magistrate under section 133, cr. p. c., against chandrapal and two others praying that the .....

Tag this Judgment!

Jul 15 1953 (HC)

Jhallar Vs. State

Court : Allahabad

Decided on : Jul-15-1953

Reported in : AIR1954All17

..... was, however, a married woman and it is in evidence that she had her husband living. consequently intercourse with such a lady would evidently be an offence under section 497, penal code and on the own showing of the applicant he had entered the house of ram nath, it has been held in a full bench ruling ..... her of his own accord. in either case it could not be the intention of the applicant to annoy the owner or the possessor of the house. section 441 which defines a criminal trespass indicates that a person is said to commit criminal trespass if he enters into or upon property in the possession of another ..... with the intent (1) to commit an offence, or (2) to intimidate) insult or annoy any person in possession of such property. evidently the applicant had not entered the house of ram nath with any deliberate intention of ..... house would be held to be guilty of criminal trespass. i agree with the view expressed above. the applicant was, therefore, rightly found guilty under section 456, penal code by the courts below. 4. the application for revision is dismissed. ..... in revision by one jhallar who was convicted under section 456. penal code and was sentenced to three months' rigorous imprisonment and a fine of rs. 50/-by a magistrate and whose appeal against his conviction and sentence was dismissed by the sessions judge of rae bareli. 2. it appears that jhallar had entered the house of .....

Tag this Judgment!

Jul 23 1953 (HC)

Sm. Sheopiari Vs. Devi Prasad

Court : Allahabad

Decided on : Jul-23-1953

Reported in : AIR1954All21; (1954)ILLJ277All

..... a second application for maintenance under section 488, cr. p. c., which came up for hearing before sri v. n. vidyant, magistrate first class. the magistrate refused to entertain this application for maintenance on the ground that ..... decree for restitution of conjugal rights in favour of one rameshwar dayal against the lady and as such she could not maintain an application for an order of maintenance under section 488, cr. p. c.3. the ex parte decree passed in favour of rameshwar dayal was subsequently set aside and after the decree had been set aside shrimati sheopiari made ..... section 488, cr. p. c. before the additional city magistrate, lucknow. in the mean time one rameshwar dayal had sued shrimati sheopiari for restitution of ..... the sessions judge of lucknow recommending that the order of sri v. n. vidyant, magistrate first class, refusing to entertain an application under section 488 cr. p. c. on behalf of shrimati sheopiari be set a'side and the proceedings be transferred to some other competent court.2. it appears that shrimati sheopiari made an anplication against devi prasad for maintenance under .....

Tag this Judgment!

Jul 22 1953 (HC)

Parmatma and ors. Vs. State and anr.

Court : Allahabad

Decided on : Jul-22-1953

Reported in : AIR1954All24

..... had not proved their possession. it would not be open to me to go intoa question of fact on which the trial court hascome to a definite finding. there is thus nogood ground for interference in the order passedtoy the magistrate and i am unable to entertainthe reference made by the sessions judge. ..... of possession to debi prasad and mata prasad who were applicants in a case under s, 145, criminal p. c. be set aside.2. it appears that an application under section 145 criminal p. c., was made by debi prasad and mata prasad on 24-9-1952, on the allegations that the jondhri crop ..... order in explicit words would not vitiate the subsequent proceedings or take away the jurisdiction of the magistrate : it would be a mere irregularity curable under section 537, criminal p. c., if it has not occasioned any failure of justice. this full bench case was subsequently relied upon and followed in ..... the record on the basis of which such an order could be passed, it cannot be held that the criminal court had, jurisdiction to take proceedings under section 145, criminal procedure code.'5. there is a case of our own high court in which the matter came up for consideration before a full bench -- 'kapoor ..... it is now contended that this procedure adopted by the learned magistrate was not in accordance with law and the omission to observe the provisions of section 145(1), criminal p. c., vitiated the subsequent proceedings in the court of the magistrate inasmuch as he had 110 jurisdiction to proceed with the .....

Tag this Judgment!

Jul 23 1953 (HC)

Bhup NaraIn and ors. Vs. State

Court : Allahabad

Decided on : Jul-23-1953

Reported in : AIR1954All29

..... a division bench ruling of this court in -- 'emperor v. kish narain', : air1928all270 and it was held that a court is entitled under section 107 to act upon a solemn and free consent amounting to a plea of guilty given before it by the person summoned. in such a case the person summoned ..... narain and the other headed by kamarul hasan, ram shanker, ram saran and one other. on receipt of this report the magistrate made an order under section 112, criminal p. c. and sent notices to the applicants, as also to some others, to show cause why action should not be taken against ..... to the other five persons the case is slightly different. they never admitted there was a likelihood of a breach of the peace and the learned magistrate acted upon their offer contained in the application dated 26-3-1952 wherein they volunteered to offer security. the learned magistrate, however, did not examine the ..... against the order of a magistrate requiring the applicants to furnish personal bonds in the sum of rs. 500/-, to keep the peace under section 107, criminal p. c.2. it appears that there was presumably some likelihood of a breach of the peace and the police made a report to the sub-divisional magistrate ..... , hardoi, asking proceedings to be taken under section 107, criminal p. c. against two sets of persons of village bawan. there were two factions .....

Tag this Judgment!

Jul 20 1953 (HC)

Smt. Maiki Vs. Hemraj

Court : Allahabad

Decided on : Jul-20-1953

Reported in : AIR1954All30

..... be 16 or 17 years of age at present and her husband has admittedly taken a second wife. after the remarriage of her husband the applicant moved the magistrate under section 488, cr. p. c., that he should order payment of maintenance to her. the learned. magistrate threw out the application on the ground that smt. maiki had been living with ..... not in all cases that the courts were bound to accept this ground as a valid ground for refusal to live with the husband,2. the view taken by the learned magistrate appears to be clearly wrong. section 488, cr. p. c. was amended in 1949 and the words which are added are 'if a husband has contracted marriage with another wife ..... for the opposite-party have admitted that even before smt. patia was actually married to the opposite party she had been living as a mistress of the opposite-party for 2 or 3 years. the plea taken by the opposite-party that he was obliged to take a second wife on account of some oath which he was put to by .....

Tag this Judgment!

Jul 06 1953 (HC)

Bhartu and ors. Vs. State

Court : Allahabad

Decided on : Jul-06-1953

Reported in : AIR1954All35

..... doubt that the accused bhartu and others exceeded their right of self-defence.12. in the circumstances, the appeal ofbhartu and others is allowed and their conviction and sentence under sections 304/149 and 148,penal code is set aside. they are on bail andthey need not surrender. their bail bondsare discharged. the other appeal no. 1255of 1950 filed by yadram ..... , tejram, chandan, jahana and rajaram alias raje were the aggressors and he, therefore, convicted each of them under section 323 read with section 149, penal code and also under section 148, penal code and sentenced each of them to nine months' rigorous imprisonment under section 149, penal code.5. it was contended on behalf of the appellants bhartu and others in appeal no. 1248 ..... opinion that they had exceeded the right of self-defence. they were each convicted under section 304 read with section 149 and also under section 143, penal code and were sentenced to five years' rigorous imprisonment under the former section and one year's rigorous imprisonment under the latter section and both the sentences were made concurrent.4. in the other case which arose out ..... which is five miles to the east of the village mavi kalan and the accused were named in it.2. a complaint was also made by balwant, son of munshi against yadram, tejram and eight other persons under sections 148/325/336 read with section 149, penal code. it was alleged in this complaint that the complainant had sown sugarcane crop in the .....

Tag this Judgment!

Jul 23 1953 (HC)

Rampur Tannery and Mfg. Co. Ltd. Vs. Umar Uddin

Court : Allahabad

Decided on : Jul-23-1953

Reported in : AIR1954All11

..... exclusive or exhaustive so as to deprive a court of any inherent power which it may possess and can exercise in special circumstances, and which has been saved by section 151.after the decision of the federal court it is not necessary to quote other cases but we may mention only two which have been cited at the bar ..... and they might be allowed to continue the suit on behalf of the partnership. learned counsel has relied on the provisions of order 30, civil p. c. (act 5 of 1908) and has urged that the order relates only to an application by a party to the suit applying for disclosure of names of partners of a ..... to disclose the names of the partners on an application being made to that effect by the defendant.4. the submission made by learned counsel is that rule 2 only applies to a disclosure by the plaintiff on an application by the defendant and rule 1 applies to a disclosure of the names and addresses of all ..... of the names and addresses of the persons who were, at the time of the accruing of the cause of action, partners in such firm. sub-rule (2) of rule 1 allows the pleading etc., to be verified or signed by one partner on behalf of the partnership. rule2 of order 30 provides that the plaintiffs ..... the provisions of order 30, rule 1 do not make a suit filed in the name of a firm through all the partners of the firm a defective suit.2. the facts of this case are that a suit was originally filed by one umaruddin in his own name, the plaint was, however, subsequently amended by an .....

Tag this Judgment!

Jul 13 1953 (HC)

Ganga Bux Singh and anr. Vs. the State

Court : Allahabad

Decided on : Jul-13-1953

Reported in : AIR1954All22

..... the magistrate with an arbitrary power of discharge. the magistrate is entitled to take advantage of the provisions of section 253(2) if there are grounds and material on the record to come to a definite conclusion that the charge was baseless.in the present case the trust deed executed by narendra bikramjit singh would ..... incumbent upon him to record the entire evidence to be produced by the complainant before the order of discharge could be passed. he relied on section 253 (2) criminal p. c. there can be no doubt that a magistrate is entitled to discharge an accused at any stage of an inquiry or ..... he may be, brings to the notice of the court that, the matter pending before the court was false it would be a most indiscreet act and may even amount to a contempt of court. the learned magistrate should not therefore have taken into consideration any facts with regard to the merits ..... accused did or did not belong to thakurain kailash kuar and was or was not misappropriated or taken away by the accused. the magistrate, therefore, acted with undue haste in passing the order of discharge without making proper inquiry or without waiting for the full facts of the case being brought on ..... singh accused asking the court that he should be discharged as there was no case against him. another application was made by the deputy commissioner, acting as president of a trust created by narendra bikramjit singh, to the court in which it was mentioned that no property belonging to thakurain kailash kuar .....

Tag this Judgment!


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