Court : Punjab and Haryana
Reported in : AIR1977P& H245
S.C. Mital, J.1. Surinder Kumar and five others were arrested on 20th August, 1975, for the alleged contravention of the provisions of Rule 43 of the Defence and Internal Security of India Rules, 1971 (hereinafter referred to as the Rules) and Section 188 of the I. P. C. Relying on proviso (a) to Sub-section (2) of Section 167 of the Cr. P. C., 1973, they applied for their release on the ground that they had been under detention for more than 60 days. The relief claimed by them was rejected by the learned Sessions Judge, Patiala. Feeling aggrieved they moved this court under Section 439 of the Code, read with Rule 184 of the Rules. Before Gujral J. (as he then was) their petition was opposed on behalf of the State on the ground that Rule 184 disentitled them. The question referred to the Full Bench by the learned Judge is:--'Whether where the provisions of proviso (a) to Section 167(2) of the Cr. P. C. come into operation the detention can be allowed to continue even after the period o...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1977CriLJ728
ORDERS.C. Mital, J.1. Harnam Singh was convicted under Section 61(1)(c) of the Punjab Excise Act by the trial Magistrate and sentenced to one year's rigorous imprisonment and a fine of Rs. 2000/-, in default to further undergo rigorous imprisonment for six months. Appeal filed by him was dismissed by the learned Sessions Judge, Ferozepore in toto. Feeling aggrieved he has preferred this revision petition.2. The conviction of Harnam Singh based on concurrent finding of the two Courts below that he was caught distilling illicit liquor in the kitchen of his house in village Matter Uttar, is unassailable. His learned Counsel then urged that Section 360 of the Code of Criminal Procedure, 1973 provides for the release on probation of good conduct of a person, who is not under twenty-one years of age, when the offence is punishable with imprisonment for a term of seven years or less. For the commission of offence in question maximum punishment provided by the Punjab Excise Act is three years'...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1977CriLJ596
Surinder Singh, J.1. This order will dispose of Criminal Miscellaneous Applications Nos. 1947/M and 2195/M of 1976. The present petition on behalf of Narinder Singh and three other petitioners has been filed under Section 438 of the Code of Criminal Procedure for the grant of anticipatory bail to the petitioners, with the allegations which are these. The petitioners are office-bearers of Ludhiana Sant Fateh Singh Nagar House Building Society. Ludhiana (hereinafter referred to as the Society) and are respectable citizens of the town. Mohinder Singh Bakshi, S.S. Bindra, S.G. Kataria and Satpal Singh were also previously members of the Society but about six months ago they had been expelled from the said membership on account of their activities prejudicial to the interests of the Society. On April 18, 1976 at 10-30 a.m. a meeting of the Society was held in front of the factory of Narinder Singh petitioner which was attended by the members of the Society and some invitees. It is said that...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P& H321
ORDERAjit Singh Bains, J.1. The State Bank of India has filed the present application under Sections 22 and 23(3) read with Section 151 of the Code of Civil Procedure for transfer of Suit No. 844 of 1972 pending in the Court of the Subordinate Judge 1st Class, Ballabhgarh, to the Court of the Subordinate Judge at Alipore, District 24 Parganas (West Bengal). It is alleged in the application that the petitioner-Bank through its Ballyguange Branch at Calcutta advanced to one Messrs. Sakow Industries (Private) Limited (hereinafter referred to as the 'said Company') various types of loans amounting to about Rs. 53 lakhs for the Industrial units of the said Company in Calcutta in the State of West Bengal and Faridabad in the State of Haryana. The said loans also included the loans advanced to Messrs. Tochi and Asa-vari carrying on business at 36, Indus-trial-cum-Housing Estate, Faridabad, These concerns were owned by Shri S. P-Mehte, who is Director of the said Company, All the liabilities o...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P& H324
M.R. Sharma, J.1. The revision petition filed in this Court was not accompanied by a certified copy of the order passed by the trial Court. The petition was admitted to hearing on an assurance given on behalf of the petitioner that he would file certified copy of the order passed, by the learned Court below as soon as the same was made available.2. When the case came up before me sitting in Chambers, a preliminary objection was raised on the strength of a Single Bench decision of this Court in Behari Lal v. Smt. Kaushalya Devi, 1971 Pun LJ 868, that such a petition was not competent in the absence of a certified copy of the order passed by the trial court and there was no provision of law which entitled the revisional Court to pass an order dispensing with the production of the copy of such an order with the revision petition. I thought the view taken in Behari Lal's case (supra) was too stringent and needed some modification. At my request the learned Chief Justice ordered that this c...
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