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Judgment Search Results Home > Cases Phrase: the right to information act 2005 Court: allahabad Year: 1953

Sep 22 1953 (HC)

Raja Ram Vs. State

Court : Allahabad

Decided on : Sep-22-1953

Reported in : AIR1954All204

..... defence and because in many cases he would be the best witness to rebut the presumption, which the court is bound to draw under section 4 of the act, he must be informed of his right. though the provision that a person accused of ant offence punishable under section 161 or section 165, i. p. c. shall be a competent witness for defence ..... made the subject of any comment by the prosecution or give rise to any presumption, against himself.' there is no provision in the act expressly making it obligatory upon the court trying such an accused to inform him of his right to give evidence on oath in disproof of the charges made against him. this fact was conceded by shri b. s. darbari ..... an illegality which vitiates the conviction. i have given due consideration to this argument. i find nothing in the prevention of corruption act which can be construed as laying down a duty on the magistrate to inform an accused of this right of his. everyone is presumed to know the law. a litigant coming before a court of law must know what his ..... statement without being sworn.' it is said that there grew a practice in england of the court's informing the accused of the right thus conferred. the criminal justice act, 1925 (15 george the 5th ch. 86) section 12, which replaced section 18, indictable offences act, 1848 (11 and 12 vic. c. 42), provided that the examining justices after the last prosecution witness was .....

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May 07 1953 (HC)

Mohd. Zahir Hasan and anr. Vs. Dulare and ors.

Court : Allahabad

Decided on : May-07-1953

Reported in : AIR1953All729

..... a view to get 'chumidhari' certificates; and that the plaintiffs had taken steps in the revenue courts for the cancellation of these certificates. we were informed that, after the institution of the suit, some of the certificates have actually been cancelled.4. the learned counsel for the opposite parties has tried ..... , it is obvious that the relief for joint possession was added only for the purpose of ousting the jurisdiction of the revenue court. it was, therefore, rightly ignored and the suit held to be cognizable only by the revenue court.14. the full bench case of -- 'd.n. rege v. kazi muhammad ..... claiming to be tenants of a holding or holdings, and the prayer for a declaration would be that they have no such rights of tenancy.according to the allegations contained in the plaint, the plaintiffs are landholders, and the defendants claim to be tenants, because they had ..... such other matters. section 60 authorises a landholder to sue any person claiming to be a tenant of the holding for a declaration of the right of such person. in our opinion, this section would apply to a case like the present, because the plaintiffs as landholders are suing persons ..... their 'sir' and 'khudkasht', that the defendants had no manner of right in this land, but they wrongly deposited 10 times the rent and sought to obtain 'bhumidari' rights under the provisions of the u. p. tenants acquisition of privileges act, and that the defendants were also trying to enter into possession of the .....

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Apr 10 1953 (HC)

New Victoria Mills Co. Ltd., Kanpur Vs. Commr. of Income-tax, U.P., Lu ...

Court : Allahabad

Decided on : Apr-10-1953

Reported in : AIR1954All110; [1953]24ITR388(All)

..... co. ltd., under section 10(2)(xv), income-tax act could not be said to be a definite information which led to the discovery that the assessee's income had escaped assessment. the facts were fully known to the income-tax officer ..... 21-2-1945, the income-tax officer on 16-5-1945, issued a notice to the assessee under section 34, income-tax act. the income-tax officer claimed that the definite information that he had received was the order of the tribunal dated 21-2-1945, that it was an expenditure of the kanpur ..... made a mistake with full knowledge of the facts, the mistake could not be rectified by him by issuing a notice under section 34, income-tax act. the fact that the appellate tribunal had held that the sum of rs. 2,06,695/- was allowable expenditure of the kanpur dyeing and cloth printing ..... which came into the possession of the income-tax officer in consequence of which he discovered that the appellant's income had escaped assessment within the meaning of section 34, i. t. act and justified the revision of the original assessment which had ..... act. the question arising in both was identical and has been framed as follows:'whether, in the circumstances of the case, and on the facts stated, the order of the tribunal dated 21-2-1945, passed in the appeal of kanpur dyeing and cloth printing co. ltd, constituted a definite piece of information .....

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Sep 03 1953 (HC)

Rameshwar Prasad Kedarnath Vs. the District Magistrate and ors.

Court : Allahabad

Decided on : Sep-03-1953

Reported in : AIR1954All144

..... applied for a renewal of his licence which would in any event expire on the 31st october of that year. on the 1st december he was informed by the district supply officer that the district magistrate had refused to renew the licence 'on account of the malpractices indulged in by you and ..... to the 31st october 1950. the licence was renewed for two further periods, each of one year.9. on 9-5-1952, the petitioner was informed by the district magistrate of kanpur, the first respondent, that his licence had been cancelled; and from the order of cancellation made by the district magistrate ..... suspend his business activities forthwith and declare stock of cloth within three days of the receipt of the notice. on 4-12-1952 the applicant informed the district supply officer that the applicant had stopped his business activities and supplied him with the details of the amount of stock in his ..... promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life, the founding fathers went on in article 39(a) to lay down that state shall, in particular, direct ..... to the site and raised the building to the ground. cooper brought an action for trespass; the defence was that the board had acted within its legal rights under s. 76, metropolis local management act, 1855, erle, c. j., said:'the contention on behalf of the plaintiff has been, that, although the words of the .....

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Sep 25 1953 (HC)

Ram Pukar Singh Watchman Vs. the State

Court : Allahabad

Decided on : Sep-25-1953

Reported in : AIR1953All161

..... ago that a court is not bound to inform an accused, who is being prosecuted under the prevention of corruption act, that he had a right to examine himself in defence and that his conviction cannot be quashed merely on account of the court's refusal or failure to ..... no dispute about the facts which have been proved beyond any doubt.the applicant challenges his conviction on some legal grounds. one is that he was not informed by the trying magistrate that he had right to examine himself in defence. it has been held by a pull bench of this court -.'raja ram v. state' : air1954all204 , only a couple of days ..... inform him of the right.the occurrence took place on 4-11-49. the police investigated the case and finding it proved requested the superintendent ..... sent up the applicant for trial. the learned magistrate rightly took cognizance of the offence on the sanction of the superintendent. in the report made by the police soliciting his sanction it was stated that the applicant had offered rs. 30/- as bribe to the assistant superintendent, watch and ward. this information was sufficient for the purpose of deciding whether to sanction .....

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Nov 17 1953 (HC)

Sagir Ahmad and ors. Vs. the Govt. of the State of Uttar Pradesh and o ...

Court : Allahabad

Decided on : Nov-17-1953

Reported in : AIR1954All257

..... said :' ......... the governor is pleased to publishthe scheme hereto annexed in respect of the state carriage services to be operated by the state government on routes mentioned therein for the information of all persons likely to be affected thereby .........'it further said that notice was given thereby that the proposed scheme was likely to become final on or after february 20 ..... decision be left to the officers concerned. this objection of the learned counsel also therefore, fails.111. the objection under article 19 of the constitution is that the impugned act infringes the rights of the petitioners conferred upon them by articles 19(1)(f) and (g). it is, however, conceded that if sub-clause (g) applies, then sub-clause (f) would have ..... state has to try'to promote the welfare of the people by- securing and protecting as effectively as itmay a social order in which justice, social,economic and political, shall inform all theinstitutions of the national life.'our constitution has also guaranteed certain freedoms to the individual citizens of india. it has conferred what are called 'fundamental ..... of government was illegal and without jurisdiction. rule 6 of the rules framed under the impugned act says this :'hearing of objections: the transport commissioner in consultation with the state government shall then fix a date and the place for hearing of the objections and inform the objector of the date and the place so fixed by registered post.'section 5(2 .....

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Oct 22 1953 (HC)

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

Court : Allahabad

Decided on : Oct-22-1953

Reported in : AIR1954All728

..... in the new list of advocates to be prepared by the new high court. another notice was issued by the joint registrar of the new high court informing the applicant that unless he paid the sum of rs. 10/-his name would not be placed on the new roll of advocates. the petitioner contends, ..... be entered in the new roll. he added, however, that his duty was simply to accept the money that was paid to him and inform the registrar of the fact of the payment and that the roll is to be prepared by the registrar and not by himself.4. the indian bar ..... persons entitled to practise before high courts, but legislation which is exclusively applicable to such persons as regards their rights and liabilities is undoubtedly with respect to them.the arms act or the motor vehicles act applies to all persons including such persons and therefore may not be said to be laws with respect to such ..... manner persons entitled to practise before high courts.17. the learned advocate general referred to article 19(1)(g) and (6). all citizens have the right to practise any profession or to carry on any occupation. but this does not mean that the state cannot make any law relating to the professional qualifications ..... 45 of the federal list 'duties of excise on tobacco and other goods manufactured or produced in india'. lord simonds observed on p. 100:'it is right first to consider whether a fair reconciliation cannot be effected by giving to the language of the federal legislative list a meaning which, if less wide than .....

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Oct 22 1953 (HC)

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

Court : Allahabad

Decided on : Oct-22-1953

Reported in : 1954CriLJ1485

..... in the new list of advocates to be prepared by the new high court. another notice was issued by the joint registrar of the new high court informing the applicant that unless he paid the sum of rs. 10/- his name would not be placed on the new roll of advocates. the petitioner contends, ..... be entered in the new roll. he added, however, that his duty was simply to accept the money that was paid to him and inform the registrar of the fact of the payment and that the roll is to be prepared by the registrar arid not by himself.4. the indian bar ..... -sons entitled to practise before high courts, but legislation which is exclusively applicable to such persons as regards their rights and liabilities is undoubtedly with respect to them.the arms act or the motor vehicles act applies to all persons including such persons and therefore may not be said to be laws with respect to such ..... any manner persons entitled to practise before high courts.17. the learned advocate general referred to article 19(1)(g) and (6). all citizens have the right to practise any profession or to carry o$ any occupation. but this does not mean that the state cannot make any law relating to the professional ..... of the federal list 'duties of excise on tobacco and other goods manufactured or produced in india'. lord simonds observed on p. 100 : it is right first to consider whether a fair reconciliation cannot be effected by giving to toe language of the federal legislative list a meaning which, if less wide than .....

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Sep 28 1953 (HC)

State Vs. Padma Kant Malviya and anr.

Court : Allahabad

Decided on : Sep-28-1953

Reported in : AIR1954All523; 1955CriLJ904

..... (v), the lord chancellor said: 'now convictions, and the sentences that follow upon them, are of two sorts; either formally, upon trial, by indictment or information and verdict, with the consequent judgment, or summarily, but as legally, as formally, by a commitment for contempt, where there is no other punishment provided, and ..... if it held that he was guilty of contempt.the other opposite party also filed an affidavit on the same day. the government advocate informed the court that he desired to cross-examine opposite party no. 1 on the affidavit sworn by him and the case was adjourned to ..... in england, punish contempt of courts subordinate to it in exercise of its inherent jurisdiction. the doubt has been removed by act 12 of 1926 which expressly declares the right of the high court to protect subordinate courts against contempt. ......'so far as i can see, therefore, there is no ..... in these proceedings in support of their case. the government advocate wished to cross-examine the opposite parties in respect of that affidavit a right which he possessed under the general law. on behalf of the opposite parties objection was taken to their being put on their oath and ..... are civil, remedial, and coercive in their nature, and the parties chiefly in interest in their conduct and prosecution are the individuals whose private rights and remedies they were instituted to protect or enforce.'the contempt that was being considered by brewer, j., consisted of violation of a perpetual injunction .....

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Nov 02 1953 (HC)

Hari Shankar Prasad Gupta Vs. Sukhdeo Prasad and anr.

Court : Allahabad

Decided on : Nov-02-1953

Reported in : AIR1954All227

..... formerly a quo warranto was held to lie only where there was an usurpation of a prerogative of the crown or of a right of franchise, a proceeding by information in the nature of quo warranto has long since been extended beyond that limit and is a remedy available to private persons within the ..... or an advocate. they have all to be graduates in law if they have not been called to the bars prior to the bar councils act, 1926 (act xxxviii of 1926), lawyers practising in the high court were divided into two classes, advocates which term included barristers and vakils high court, while in ..... merits. i am not satisfied that this application has any force.5. reliance has been placed on section 86 of the representation of the people act, 1951, (act xliii of 1951). section 86 provides that theelection commission has to appoint an election tribunal of three persons, one of whom is to be selected ..... . at the same time, i am not prepared to exclude the possibility that the words 'in practice' mean any practising practitioner qualified to plead & act in courts within the jurisdiction of a high court, provided that at the time of appointment he has achieved the status of an advocate. to place ..... d) must mean a person who is entitled to practise in a high court. the language was changed in the constitution as, after the bar councils act, 1926, all persons entitled to practise in the high court were called advocates and the previous nomenclature of barristers, advocates and vakils was changed.11. .....

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