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1984 Supreme(All) 240

K.C.AGRAWAL
R. K. JAISWAL – Appellant
Versus
STATE OF UTTAR PRADESHAND – Respondent


K. C. AGARWAL, J.


( 1 ) THESE two connected cases raise common questions, hence, can be disposed of by means of a single judgment.

( 2 ) THE dispute in the present case is with regard to Truck No. U. T. V. 786. This truck originally belonged to Mohd. Moesa who sold it to Govind Das and Raghundan Singh on October 1, 1982. On the application of these persons, their names were entered in the office of the Regional Transport Officer and registration papers were issued in their favour. Raghundan Singh transferred his share of the vehicle to Govind Das. As a consequence of this transfer, the name of Govind Das alone was registered in the office of the Regional Transport Officer. Subsequently, a dispute arose between Dhan Singh and Daulat Ram on the one hand, and Dr. R. K. Jaiswal, on the other hand. What happened actually was that a first information report was lodged by Dr. R. K. Jaiswal, under Sections 406/420 Indian Penal Code against Dhan Singh and Daulat Ram. It was alleged by Dr. R. K. Jaiswal that be bad purchased the vehicle from Govind Das and for that purpose, had also obtained his affidavit. But subsequently, possession bad been unlawfully passed on to Daulat Ram and Dhan Sing














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