Court : Allahabad
Decided on : May-22-1958
Reported in : AIR1958All803; 1958CriLJ1369
..... magistrate to come to the conclusion that the likelihood of a breach of the peace does not exist or had not existed. the magistrate can act upon information supplied to him by other persons apart from the parties who produce evidence before him. as observed by me above, the entire scheme of ..... 1924 pat 689) (s). 30. randhir singh, j. observed in : air1954all13 as follows : 'a perusal of these rulings shows that a magistrate has a right to terminate proceedings under section 145 if he is satisfied that there was no further likelihood of a breach of the peace or that there was initially no apprehension ..... the possession and ownership of some im-moveable property. it may be that the owners of property are temporarily deprived of possession of what is rightfully their property and may also be subjected to other inconveniences, but all these considerations are subservient to the imperative necessity of preserving the peace. the ..... upon him over the dispute; once the magistrate assumed jurisdiction, he has only to inquire into the question of possession, but the law confers the right upon the other party to satisfy him that no dispute existed or exists at all or that it did not, or has ceased to, involve ..... sub-section (4) is as follows :-- 'the magistrate shall, then without reference to the merits or the claims of any of such parties to a right to possess the subject of dispute, ..... decide the question whether any and which of the parties was at the date of the order before mentioned in .....Tag this Judgment!
Court : Allahabad
Decided on : May-14-1958
Reported in : AIR1959All45
..... the accused applicants of the present case were to be accepted, the prosecutor, however diligent he might have been in laying his information before the court stands in danger of losing his rights if the court itself fails to act with due diligence in issuing process within the appointed time. we should bear in mind that there may be a variety of legitimate ..... different senses in the same statute, arid even in the same section.' 17. holding therefore that the prosecution, contemplated by section 15 of the act commences with the institution of the complaint or the lodging of the information with the court and not with the issue of process by the latter, we direct the record to be returned to our brother beg ..... magistrate in good time, but the magistrate has failed to carry out his own part within time, the prosecutor must lose his case? any such interpretation of section 15 of the act would be so contrary to the rules of natural justice ..... reasons why the magistrate is not able to issue process in time. are we then to assume that although the prosecutor has been alive to his rights and duties and has laid his information before the .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-24-1958
Reported in : AIR1959All179
..... of this compensation and permitted him to continue to occupy his previous sir and khudkasht lands and his groves.it is said that the bhumidhari rights would in such a case be accession to the substituted security of the compensation money and would thus partakeof the nature of mortgaged property. ..... to the charge of his paying the profits thereof to another as maintenance allowance and the land is subsequently sold, giving rise to ex-proprietary rights in favour of the donee, his liability to pay the maintenance allowance ceases. the charge for maintenance allowance was held not to continue after ..... new title is still subject to the mortgage.when sham das's case was decided, the rights of a usufructuary mortgage were transferable under section 9 of the north western provinces rent act (act xii of 1881). the right to transfer by such tenants was considerably restricted by sub-section (2) of section 20 ..... way militate against the fact that the erstwhile zamindars have been permitted to retain their sir and khudkasht lands and proprietor's groves. the bhumidhari rights thus are part of the property which had been mortgaged under the mortgage deed dated 13-7-1914.15. this conclusion is further strengthened ..... applied for amendment of the decree under that act. on 19-10-1936, an order was passed under the above act permitting payment of the decretal amount in six monthly instalments of rs. 20,000/- each and the rate of interest was also reduced. information of the amendment of the decree was .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-06-1958
Reported in : AIR1959All373
..... business of the permit-holder are actually not carried. when the list itself is prepared on information given by the permit-holder himself it cannot successfully be urged that he has been denied the right to carry his goods for which purpose the permit has been granted to him.he can certainly ..... to obtain a permit. since the list contained in the conditions is prepared in the background of the information furnished by the permit-holder himself in his application under section 52 of the motor vehicles act, it cannot successfully be urged that he is debarred from carrying, other goods belonging! to his ..... (1) of article 19, and, secondly, that the provision in that behalf contained in sub-section (2) of section 53 of the motor vehicles act is vague andgives an arbitrary power to the regional transport authority to discriminate between persons and persons. in other words, the law does not contain the ..... commodities, which may be carried in relevant vehicles, has been included.9. it is not disputed that the provision itself of the motor vehicles act providing for the grant of a private carrier's permit and the restriction against using a transport vehicle without such a permit is constitutionally valid. ..... and submission of periodical returns, the complaint is that this is not required by any rules framed under section 68 of the motor vehicles act and in their absence a condition in that behalf is illegal.the reliefs asked in the two petitions accordingly are a writ of mandamus directing .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-13-1958
Reported in : AIR1959All206; 1959CriLJ286
..... of meerut. on receipt of the aforementioned information the learned magistrate passed the following order:'as no special police officer has yet been appointed for this district, i shall myself exercise the powers under section 16 of the ..... by the magistrate himself and not by any other person or any police officer. from the magistrate's affidavit it is clear that on 20-7-1958, the magistrate got information from the station officer of kotwali police station, meerut, that some girls were being kept for prostitition in a brothel at kabari bazar and nil-ki-gali in the city ..... , after giving the girl an opportunity of being heard, cause an inquiry to be made as to the correctness of the information received under sub-section (1) of section 16 and the age of the girl and, if satisfied that the information received is correct and the girl is under the age of twenty-one-years, he may, subject to the provisions ..... learned magistrate made and which we have quoted in an earlier part of this judgment clearly indicated that he was going to exercise the right of making the. arrest himself because there was no special police officer who could act in that area for none had been appointed by the appropriate government.although the suppression of immoral traffic in women and girls .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-16-1958
Reported in : AIR1958All587
..... the proper head of account was also entered in addition to the entries in the first four columns mentioned above, the challan would contain all information necessary for the preparation of the receipt to be given. there being no rule specifically requiring an entry by the depositor that the deposit is ..... the money should show distinctly the nature of the payment, the person or government officer on whose account payment is made and all the information necessary for the preparation of the receipt to be given and for the proper classification of the credit in the present case, the nature ..... explain how these accounts are dealt with in the treasuries of this state.the senior deputy accountant general, who appeared, gave a statement and informed the court, during the course of his statement, that these deposits in the treasuries of uttar pradesh are governed by the central government treasury ..... fixed for hearing was actually received by opposite party no. 2 after that . date had expired.these findings of fact clearly show that the information of the three dates fixed for hearing before the petition was rejected by the election tribunal, was not received by opposite party no. 2. ..... us. the election tribunal-expressed its opinion that section 117 of the be. presentation of the people act was ultra vires the parliament as it imposed an unreasonable restriction on the fundamental right of challenging an election by an election petition. the reason why even learned counsel for opposite party no .....Tag this Judgment!
Court : Allahabad
Decided on : May-16-1958
Reported in : AIR1958All838; 1958CriLJ1446
..... be remembered that this power is vested not in minor officials but in top ranking authorities like the commissioner of income tax and the central board of revenue who act on the information supplied to them by the income tax officers concerned.'this power is discretionary and not necessarily discriminatory and abuse of power cannot be easily assumed where the discretion is ..... to arrive there and babu ram drew :heir attention to the highhandedness of the police. thereupon they attacked the police constables and :he processionists presumably in the exercise of their right of private defence of property. they admitted that kewal had a sword with which he assaulted constable daya shankar, and that the tahsildar thereupon ordered firing. they denied the promulgation ..... below the relevant excerpts from their judgment in order to highlight the points decided by them. say their lordships :'the infringement of a right under section 64 (1)) and (2) (this section we may mention, confers a right on an assessee to be assessed by the income tax officer of the particular area where he resides or carries on his business) by ..... others in a like situation without giving any reason therefor and thereby deprive an accused 'whose case had been transferred of his right to prefer an appeal to the high court while others similarly situated would continue to possess that right, the said section was hit by article 14 of the constitution and was ultra vires.as such, he contended, the trial .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-17-1958
Reported in : AIR1959All149; 1959CriLJ268
..... not have been intended that the revolving chair should serve as an advertisement since an, inscription, describing the company as donor would not necessarily convey the information that the piece had been manufactured by the company. finally, there is on record an application filed on behalf of chari himself which falsifies his defence ..... proceedings before a court of session than can the filing of complaint or the making of a report by a police officer or the furnishing of information by a person other than a police officer or the knowledge or suspicion of the magistrate himself under section 190 be tantamount to commencement of trial ..... . such a pre-requisite for a magistrate taking cognizance of an offence is, under section 190, receipt of a complaint or a police report or information from any person other than a police officer or the magistrate's own knowledge or suspicion. likewise, the pre-requisite for a court of session taking ..... orders that prosecution witnesses be summoned from 25-8-1952 and the defence witnesses from 10-9-1952 onwards, that the accused's counsel be informed to produce them on 25-8-1952 and that 10 jurors be summoned. on 21-7-1952 chari endorsed a note on the order sheet ..... of an offence being taken by a court of session, entitles the accused so committed to be tried by a court of session; but the act leaves that right intact since it provides in sub-section (3) of section 8 that for the purposes of the provisions of the code of criminal procedure the .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-14-1958
Reported in : AIR1959All598
..... is entitled to hold a certain office of an association. explanation to section 9, c. p. c. shows that, a suit in which the right to an office is contested is a suit of a civil nature. such a suit would be of civil nature even though no pay is attached to ..... delegates present in the sammelan shall have power to amend these rules. the members of the standing committee and the affiliated provincial sammelans shall have the right to move proposals for amendment, and such proposals should reach the general secretary at least two monthsbefore the session of the sammelan. it shall bethe ..... this court jurisdiction to try the suit? 3. have plaintiffs any interest in the management of the affairs of defendant no. 13? have the plaintiffs any right to maintain the suit? 4. is the valuation given in the plaint undervalued and indefinite is the court-fee paid insufficient ? 5. to what compensation, ..... to have been overborne by a majority, the former cannot complain of acts which are valid if done with the approval of the majority of the share-holders or are capable of being confirmed by the majority, mere irregularity or informality which can be remedied by the majority being insufficient,51. in 'nagappa ..... of which their cognizance is either expressly or impliedly barred. explanation: a suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious lites or ceremonies.' in the .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-13-1958
Reported in : AIR1959All251
..... view taken by the courts before the amendment, was, that no notice was necessary as it would not make any difference if the judgment-debtor was informed that he had not made the payment when the judgment-debtor knew whether he had or had not made the payment before the date fixed for the ..... behalf by the plaintiff, pass a decree that the defendant and all persons claiming through or under him be debarred from all right to redeem the mortgaged property and also if necessary, ordering the defendant to put the plaintiff in possession of the property; provided that the court may, ..... decree was passed even though the time originally granted for payment of the money had expired. this change is significant inasmuch as the judgment-detbor's right to save the property by paying up the decretal amount was not lost till the final decree was actually passed and he could even though he ..... fixed for such payment.' order 34 rule 3 stood as follows after the amendment in 1929: 'where, before a final decree debarring the defendant from all right to redeem the mortgaged property has been passed the defendant makes payment into court of all amounts due from him under sub-rule (1) of rule 2 ..... in the wording of order 34 rule 3, c. p. c., in 1929. before the amendment which was made by the transfer of property (amendment) supplementary act, 1929, the relevant part of order 34, rule 3, stood as follows:'where such payment is not so made, the court shall, on application made in that .....Tag this Judgment!