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Judgment Search Results Home > Cases Phrase: the right to information act 2005 Court: allahabad Year: 1949

Aug 01 1949 (PC)

Promod Chandra Shekhar Vs. Rex

Court : Allahabad

Decided on : Aug-01-1949

Reported in : AIR1951All546

..... did not give evidence on oath and it is, i understand, not in dispute that the applicant was not informed by the court of his right to give evidence on oath.5. i am informed that one or more of the contentions which have been raised by the applicant in this case are common to a ..... opportunity of giving evidence vitiated the trial.18. in our opinion the failure of a court to inform an accused person charged with an offence punishable under section 161 or section 165, penal code, of his right to give evidence on oath in disproof of the charge is a grave irregularity the effect of which ..... meaning of the word 'gratification' in section 4 of the said act, and what has the prosecution to prove before the presumption referred to in that section arises?(3) what is the effect of the court not informing the accused that he had a right, if he so wishes, to give evidence on oath in disproof ..... 165, penal code, to give evidence on his own behalf. that right is given to him by section 7, prevention of corruption act, and we regard it of the highest value to an innocent person. the broad effect of section 4 of the act is to make every receipt by a public servant of anything of ..... number of other appeals or applications in revision pending in this court and in view of their importance i refer to a bench or a full bench, as his lordship the acting .....

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Dec 21 1949 (PC)

Sm. Radha and ors. Vs. Sm. Gulzari and ors.

Court : Allahabad

Decided on : Dec-21-1949

Reported in : AIR1952All462

..... obiter dicta. for in the avadh case what had happened was that the special judge had included in the list prepared by him for the information of the collector, property which had not in fact been included in the notice published under section 11, although he had, on the motion ..... for the liquidation of the landlord's debts concludes jitendra mohan singh ...... we must, therefore, hold that the orderunder section 11, encumbered estates act, conclusively determines the rights of the parties with respect to the properties with which it dealt. the effect of this finding is that the plaintiff's title to ..... we are not concerned with that question in the present case. 9. for the reasons given above my view is that the learned munsif was right in holding thatthe respondent was not entitled to file a fresh suit to establish her title with respect to the property in question after the special ..... the calcutta high court in bhandi singh v. ramadhin rai, 2 cal. l. j. 359 in which it was held that when, 'statutory rights and liabilities have been created and jurisdiction has been conferred upon a special court for the investigation of matters which may possibly be in controversy, such ..... to support the view taken in the allahabad case. their lordships say: 'the jurisdiction which is exercised by the special judge under the encumbered estates act is an exclusive jurisdiction. his decisions are liable to appeal and revision under sections 45 and 46. section 47 however prescribes that except as provided .....

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May 11 1949 (PC)

Channu Lal and anr. Vs. Rex

Court : Allahabad

Decided on : May-11-1949

Reported in : AIR1949All692; 1950CriLJ199

..... case being tried by another magistrate the stationary have been deprived of the exercise of such a right by ream n of the failure on the part of the sub-divisional magistrate to inform the petitioners about it and were them whether they wanted the case to be triad by another ..... we would still hold, in that case, that the magistrate had jurisdiction to act under clause (c) of section 190 (1), criminal p.c. he could have treated this invalid complaint as as 'information.' in its ordinary sense 'information' is a wider term and includes any communication relating to the commission of ..... of section 190 u)(a). this case also does not support the contention of learned counsel.26. it is next urged that the learned magistrate acted illegally in examining certain witnesses after the arguments were over and that, therefore, the trial was vitiated.27. what happened in this ease appears ..... -divisional magistrate had no jurisdictional to tile a complaint, rule such a complaint was received, the (second) sub-divisional magistrate on receiving it could act under section 190 (o) and take cognizance of the case and the action of the (second) sub-divisional magistrate must be considered to have been ..... notice to the present applicants. meanwhile mewa ram, jain kuar and chandan kuar, taking advantage of the amendment of section 11, encumbered estates act, made an application before the special judge objecting to the pronote being shown as the exclusive property of the applioanta this application was made on .....

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May 12 1949 (PC)

Basudeva Vs. Rex

Court : Allahabad

Decided on : May-12-1949

Reported in : AIR1949All513; 1949CriLJ798

..... statement of the objects of the legislature in making an enactment and an explanation of its general character. sash a statement is useful for the information of legislators and of the public. where, however, a parliament, as in the case of the commonwealth parliament, has only limited powers the ..... as defined in c1. (a) of section 2, u. p. control of supplies (temporary powers) act, 1947, cr in c1. (a) 2, essential supplies (temporary powers) act.37. section 3 (l) provides:if upon information received the provincial government is satisfied that any parson habitually indulges in black-marketing, the provincial government may ..... of a legislation it is the duty of the court to determine what is the actual operation of the law in creating, changing, regulating cr abolishing rights, duties powers or privileges and then to consider whether that which the enactment does fall in substance within the relevant authorized subject-matter . . . or ..... this subject is, in my opinion, somewhat different. there was, at one time, a controversy in this country whether the high courts had the right to issue a common law writ of habeab corpus . that controversy has been set at rest by the decision of their lordships of the privy ..... writ of habeas corpus deals with the machinery of justice, and is essentially a procedural writ, the object of which is to enforce a legal right. the application for habeas corpus may or may not be in a criminal cause or matter.the distinction may be illustrated by two exam, pies .....

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Aug 11 1949 (PC)

S.S. Yusuf Vs. Rex

Court : Allahabad

Decided on : Aug-11-1949

Reported in : AIR1950All69

..... fact, as were later alleged in the petition to this court, though it is more argumentative and more detailed. the government rejected the representation and informed the detenu of this rejection by a letter dated 21st may 1949, addressed to the district magistrate of lucknow. on 10th june 1949 the present application ..... the government must serve a fresh notice under section 5 and must furnish fresh materials for detention in order not to render illusory the detenu's right of making a representation. further, the time limit imposed is only on an extension and does not relate to a fresh order passed after a ..... under detention but two affidavits have been filed by the petitioner during the course of arguments and the learned government advocate claimed, and was allowed, the right of cross, examination in respect of these affidavits. i have heard arguments, ranging over a wide field, at considerable length and the learned counsel for ..... is within the scope and object of the act. if the detention is beyond the scope and object, of the act the detention must be held to be illegal;(d) the detenu is not bound to complain first to the detaining authority that the information supplied is vague and indefinite before he can ..... that even if the detenu has done something which is not proper, the notice itself discloses that it is only private rights and private property that is involved and not the public safety. consequently, it was con-tended, no reasonable person could be satisfied that the .....

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Jul 05 1949 (PC)

Rex Vs. Ram Dayal

Court : Allahabad

Decided on : Jul-05-1949

Reported in : AIR1950All134

..... in it or whether i dissent from it) that section 109, criminal p. c., does not require that the act of concealment should be continuing at the time when the magistrate receives information. i respectfully dissent from the view of shamsul huda j., that the section does not apply to the. case ..... and that it applies as much to persons residing within it as to persona coming from outside. in fact the residence of persons against whom information is received is an absolutely irrelevant consideration in determining the scope of section 109, criminal p. c.22. the learned magistrate has considered the ..... an order from a magistrate a without a warrant. he could not, therefore, have intended to hold that no arrest should be made before information has been laid before a magistrate and before he decides to take action under the section, or that an arrest marks the initiation of proceedings ..... been induced to enter into the merits of the case, as i am informed by mr. kanhaiya lal misra, the learned additional government advocate, that considerable importance is attached to this application by the provincial government, because of ..... satisfy me that necessity exists even now to take any preventive action against him. it is thus evident, whether the order of the magistrate be right or wrong, that no further action is called for in the case and that the application has become infructuous.6. notwithstanding all this, i have .....

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Feb 01 1949 (PC)

Har Sahai and ors. Vs. Rex

Court : Allahabad

Decided on : Feb-01-1949

Reported in : 1949CriLJ878

..... statement. it was pointed out that though a number of persons unconnected with the family of lallu singh and raghunath singh were named in the first information report as eye-witnesses of the occurrence, they were not examined and the prosecution confined itself mostly to relations of the deceased and persons who ..... of the accused. the learned sessions judge believed the prosecution story. he was of opinion that though raghunath singh's statement made in the first information report that immediately after the exchange of abuse between lallu singh and ramesh on the day when the latter's dog rushed at lallu singh's ..... he was taken in a bullock-cart to police station atrauli, five miles away, but he expired on the way near village almapur. a first information report of the occurrence made by baghunath singh was recorded at 8 a. m.4. investigation was taken in hand. the dead body was sent for ..... on 26th september 1947. this was recorded at 7 p. m. it was a report under section 323, penal code and section 24, cattle trespass act.6. besides raghunath singh and ram kali, kanthoo, kanhai, umrai, subedar and sadho singh who had also witnessed the assault upon lallu singh and raghunath ..... beating regardless of whether it resulted in causing only simple injuries or grievous hurt. under the circumstances i am clear that the appellants were rightly con. victed under section 325, penal code.9. i accordingly dismiss the appeal. the appellants who are on bail shall surrender thereto - and serve out .....

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Oct 14 1949 (PC)

B. Lalji Tandon Vs. Mrs. F.G. Rufus

Court : Allahabad

Decided on : Oct-14-1949

Reported in : AIR1950All289

..... to municipal taxes on a rental value calculated at rupees 36 per month. the agreed rent payable by the defendant was rs. 22.8-0, and i am informed by the learned counsel for the applicant that the agreed rent payable by the other tenants was rs. 24 per month. the position, therefore, comes to be ..... on 12th october 1946. the agreed rent was a sum of rs. 22-8-0 per month. according to the notice dated 12th october 1946, the plaintiff informed the defendant that he had enhanced the rent by rs. 5-10-0 per month, namely, that he had enhanced the same to rs. 28-2-0 per ..... it would not be possible to deter-mine the reasonable annual rent payable by the tenant. reasonable annual rent has been defined in section 3 (f) of the act as follows :' 'reasonable annual rent' in the case of accommodation constructed before 1st july 1946, means :(1) if it is separately assessed to municipal assessment its ..... that the proper procedure to be followed by him was to resort to a suit under section 5 (4), u. p. (temporary) control of rent and eviction act (iii [3] of 1947). it is contended on behalf of the applicant that this view of the learned judge is erroneous and that even where the accommodation in ..... occupation of a tenant is not separately assessed, a landlord has been given a right to enhance the rent under section 5 (2) of the act.5. in my opinion this contention is well founded and should be accepted. section 5 (2) of the act reads as follows :'where the rent for any such accommodation has not been .....

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Dec 08 1949 (PC)

Abdul Latif Khan Vs. Mt. Sikander Begum

Court : Allahabad

Decided on : Dec-08-1949

Reported in : AIR1953All283

..... conduct had prejudiced the judgment-debtor in any way. it seems to have been presumed that in all cases in which the judgment-debtor is informed of the decree-holder's desire to enforce the default clause any change of mind of the decree-holder to enforce the decree as an instalment ..... principle that, even after expressing his election to rely on the default clause, the decree-holder can fall back upon the instalment decree, though his right to do so is subject to there being no prejudice to the judgment-debtor.15. the last case on the point is firm hardeo dwarkadas v ..... appeal has been filed.7. the learned counsel for the appellant has argued that, once the decree-holder elected to execute the entire decree, his right to execute the instalment decree ceased. ho further pointed out that, when no application for execution of the instalment decree was instituted within three years ..... accepted by the learned civil judge, who held that the application for the realisation of the entire decretal amount was time barred in view of the right to apply for such execution having accrued more than 12 years prior to the institution of this application for execution. the decree-holder has submitted to ..... come to an end once the decree-holder got the order absolute under section 89, t. p. act. subsequent to the making of the order absolute, the rights of the decree-holder were confined to such rights as were given under that order absolute. these observations mean that, by getting the order absolute, the .....

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Oct 28 1949 (PC)

Sheo NaraIn Vs. Bhallar

Court : Allahabad

Decided on : Oct-28-1949

Reported in : AIR1950All352

..... party, but also to his constituent and- he does not inform his constituent as to the person with whom he has entered into a contract on his behalf.18. in bhagwandas narottam das v. kanji deoji, 30 bom. 205 : (7 bom ..... into by him on his constituent's behalf.' it will be observed that although the kucha arhatia may not communicate the name of his constituent to the third party, he informs the constituent of the name of the third party.17. in the case of a pucca arhatia, the agent makes himself liable upon the contract not only to the third ..... other, but also he renders himself responsible on the contract to the third party. he does not ordinarily communicate the name of his constituent to the third party, but he informs the constituent of the name of the third party. the position, therefore, as between himself and the third party is that he is agent for an unnamed principal with personal ..... himself personally responsible to the defendant for the performance of the contracts. in these circumstances, i consider that the learned judge was right in coming to the conclusion that the plaintiff was a pucca arhatia.20. as the plaintiff acted as a pucca arhatia and the contracts were not wagering, he was entitled to recover the amounts due to him. the suit .....

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