Judgment Search Results Home > Cases Phrase: civil jails act 1874 Page 5 of about 18,286 results (0.114 seconds)

Abdul Latif Vs. the State of Assam

Court : Guwahati

..... us to direct release of the accused forthwith, the accused shall be kept detained in safe custody the jail until the concerned civil surgeon certifies that he is fit enough to live in the society and is no longer a security ..... following indubitable facts glean from the prosecution evidence:(i) that the accused was portrayed as 'a lunatic'1 in the first information report;(ii) when the act of causing the death was attributed to a mentally deranged person, naturally, the prosecution was incapable to uncover any terrestrial 'motive' of ..... a particular point of time how can we exnect him 'to play back1' or 'reproduce' his mental reactions of his brain cells that by reason of un-soundness of his mind he was incapable of knowing the nature of the act or he was incapable of knowing that he was doing something what was wrong or contrary to law? ..... when a person, due to mental disease, becomes incapable of knowing the nature of the act or what he did was wrong or contrary to law can be only verbalised by the person that he had 'no recollection' or 'hazy recollection' or 'blank recollection'1 ..... the accused had periods during which he was mad and when he had such periods he was incapacitated to realize the nature of his acts or, in other words his faculties of ratiocination failed to apprehend what he was doing. ..... we hold that the accused, at the crucial point of time, was unsound in mind and was incapable of knowing the nature of the act or that he was doing what was either wrong or contrary to law. .....

Khageswar Pujari Vs. the State of Orissa

Court : Orissa

Reported in : 57(1984)CLT158; 1984(I)OLR142

..... code ; the accused may rebut it by placing before the court all the relevant evidence-oral, documentary or circumstantial, but the burden of proof upon him is no higher than that rests upon a party to civil proceedings(3) even if the accused was not able to establish consecutively that he was insane at the time he committed the offence, the evidence placed before the court by the accused or by the prosecution may raise ..... the appellant shall be detained in safe custody in jail until the civil surgeon concerned certifies that he is fit enough to live in the society and is no longer a security hazard ..... reasons, we hold that the appellant at the crucial point, of time was not in a fit mental condition and was incapable of knowing the nature of the act or that he was doing what was either wrong or contrary to law. ..... the jail authority shall comply with the provisions of the indian lunacy act, 1912 and the ..... stands in the nature of a proviso to sectian-l06 of the indian evidence act and imposes an obligation on the court as well to consider the case of exceptions on its own in so far as it relates to the burden of proving legal insanity as the essential element of special knowledge as envisaged in section 106 of the evidence act. ..... act of a person of unsound mind nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind to incapable of knowing the nature of the act, or that he is doing what is either wrong or contrarv to law'.section 84 .....

Brahmananda Sahu and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1970Ori189; 35(1969)CLT1304

..... such resistance or obstruction still continues, may issue a warrant for the arrest of the said person and on his appearance may send him with a warrant in the form appended to schedule i for imprisonment in the civil jail of the district for a period not exceeding thirty days as may be necessary to prevent the continuance of such resistance or obstruction. ..... if the encroacher is in unauthorised occupation say for over 100 years and has acquired title by adverse possession by virtue of article 112 read with section 27 of the limitation act, 1963 he can be evicted in accordance with the procedure under the act, though a civil suit for the same relief would be barred by limitation.a suit under section 14 can be filed only after eviction is effected. ..... rule 11 of the orissa prevention of land encroachment rules, 1963 lays down that 'if on receipt of notice in form a such person pleads that he is not liable for being proceeded under the act the officer conducting the proceeding shall make a summary enquiry and determine the liability of the person for the whole or any part of the encroachment for which notice was issued to him and confirm ..... subject to the provisions of section 4, any person aggrieved by any proceedings under this act may apply to the civil court for redress: provided that the civil court shall not take cognizance of any suit instituted by such person for anv such cause of action unless such suit is instituted within six , months from the time at which the cause of action .....

Subramaniam and ors. Vs. Chandra and anr.

Court : Chennai

..... under sections 498-a and 406 ipc by stating that she came to know that the jewels were pledged jointly by all the petitioners herein and that when she questioned the propriety of the said act of the petitioners, the petitioners 2 to 4 (a2 to a4) also ill-treated her with cruelty even by brandishing her. ..... the said case was registered against the first petitioner herein (a1) alone, since the entire allegations incorporated in the complaint had been made against him alone and there was no whisper about any act on the part of the other petitioners herein (a2 to a4), which would amount to a punishable offence.5. ..... and section 4 of the dowry prohibition act on the part of the first petitioner herein (a1) alone. ..... and section 4 of the dowry prohibition act in cr.no.6/2004. ..... however, charges were framed against them for offences punishable under sections 498-a ipc and 406 ipc alone and no charge was framed against them under section 4 of the dowry prohibition act. ..... and section 4 of the dowry prohibition act. .....

Krishan Murari Gupta Vs. Hemant Kumar Sethi

Court : Delhi

Reported in : 1997VIAD(Delhi)655; 69(1997)DLT1042; (1998)118PLR10

..... the respondent/plaintiff thereupon, after issuing the notice filed a complaint under section 138 of the negotiable instruments act for the five dishonoured cheques.subsequently the present suit was filed for recovery of the principal sum of rs.2,50,000.00 and the interest thereon of rs. ..... in the present proceedings, it was contended that the respondent's brother was having separate and independent business while in the complaint under section 138 of the negotiable instruments act, it was claimed that brother was not doing any business. ..... negotiation for the present transaction itself, even as per the petitioner, had commenced on29.12.1993.the learned additional district judge has also rightly held that there was no ground for stay of the civil suit during the pendency of the proceedings under section 138 of the negotiable instruments act. ..... he also considered the petitioners prayer for stay of the civil suit pending the criminal proceedings under section 138 of the negotiable instrument act. ..... learned counsel alsoreferred to what he described as contradictions in the stand taken by therespondent in the present proceedings and those under section 138 of the negotiable instruments act. .....

M/S.S.Ganpathraj Surana Vs. Pandian

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

..... 289 and those rulings are relevant in our case also and in this case the complainants relationship with the opposite party is only as pawner and pawnee and under the provisions of pawn brokers act the opposite party acted regarding the auctioning of jewels in which if any lacuna or defect or malpractice is suspected or alleged by the complainant his remedy lies only with the ..... a consumer since the transactions between the parties relates to pledging of jewel as pawner and pawnee and the district forum wrongly entertained the complaint and as the opposite party under the pawn brokers act acted lawfully after giving notice publication etc. ..... refused to accept the same and the police authorities advised him to approach the civil court to work out his remedy. ..... the document exhibit b2 permission for public auction was granted by the district collectors office under the pawn brokers act 1943 and the rules under 1944. ..... party has no right to retain or auction the jewel of the complainant without giving any prior notice to him and he cannot act on the complainants property as if his own property. ..... only a defaulter and redemption it could be enforced only before the civil court of law. ..... and the ornaments sold in auction there were only creditor and debtor relationship and there was no relationship of consumer and thereby complaint was not maintainable and the matter to be entertained only by civil court. ..... circumstances, it is evident that the opposite party acted in a bonafide manner. .....

Seetharaman Vs. Vaduvambal

Court : Chennai

Reported in : (1993)1MLJ175

..... appeal is maintainable for both orders...now, the revision petitioner has come forward with the present civil revision petition challenging the correctness of the said order of the learned district judge, south arcot at ..... no doubt, the petitioner has filed a petition under section 13(1)(i-b) of the hindu marriage act seeking a decree of divorce against the respondent and in the course of the same proceedings, the respondent has preferred an application i.a. ..... appeals from decree and orders : (1) all decrees made by the court in any proceeding under this act shall, subject to the provisions of sub-section (3) be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction. ..... orders made by the court in any proceeding under this act, under section 25 or section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decision of the court given in exercise of its original civil jurisdiction. ..... those are orders made under the code of civil procedure by virtue of section 21 of the hindu marriage act. ..... the order against which the respondent seeks to prefer appeal is not one passed under the civil procedure code, but under section 27 of the hindu marriage act.5. .....

Vetcha Sreeramamurthy Vs. the Income-tax Officer Vizianagaram, and Ano ...

Court : Andhra Pradesh

Reported in : [1956]30ITR252(AP)

..... learned counsel that a writ should not be issued because under section 33a the commissioner may, on his own motion, call for the record of any proceeding under this act in which an order has been passed by any authority subordinate to him and may make such inquiry or cause such inquiry; to be made and, subject to the provisions of the ..... but, as the respondents could not file a suit till after the expiry of sixty days required for the purpose under section 80 of the civil procedure code the high court passed an order that till three months from the date of the order or one week after the institution of their contemplated suit, whichever ..... assessment for the year 1947-48, on the ground that first respondent had no right to reject registered deeds accepted and acted upon by him in the matter of the assessment of another firm and thereby collect tax twice over from him and ..... for the assessment year 1943-44 and 1944-45, the firm was registered under section 26a of the indian income-tax act, but, for the assessment year 1945-46 the income-tax officer refused to renew the registration of the said firm and assessed ..... this is not to say that a mandamus will issue in every such case irrespective of other considerations.section 45 of the income-tax act does not give an absolute right to an assessee who has preferred an appeal to get an order from the income-tax officer treating him as not in default pending the appeal, independently of ..... to order xli, rules 5 and 6, of the civil procedure code. .....

Pardeep Jamawari and Others Vs. State of Haryana and Others

Court : Punjab and Haryana

..... in that case, he was convicted and undergoing 2014.05.07 11:41 i attest to the accuracy and integrity of this document high court chandigarh civil writ petition no.25659 of 2012 2 imprisonment for three years.he was also undergoing rigorous imprisonment for seven years in case fir no.29 dated 18.02.2002, ..... writ of mandamus directing to conduct an enquiry into the allegations of sale of intoxicants, drugs, medicines, supply of mobile phone, obtaining hefty amount for using mobiles at central jail, hisar, with further prayer to register an fir against respondent nos.2 to 9 and other subordinate officials of the jail for involving the petitioners in false and frivolous cases. ..... r-4).it has been further stated that the allegation of petitioner no.1 that he was beaten mercilessly on the intervening night of 5/6.10.2012, in which his collarbone (hansli) was fractured, is wrong as he was not confined in central jail, hisar on that day, but was confined in district ..... in case fir no.5 dated 09.01.2012 under section 307, 506, 148, 149 ipc, police station uklana and fir no.207 dated 14.04.2009, under ndps act, registered at police station civil lines, hisar. ..... on 11.08.2012, a quarrel took place in the jail between two groups, where there were 20 to ..... were recovered at that time by the police, which were thrown inside the jail premises by some unknown persons. ..... transferred to district jail, karnal from central jail, hisar on ..... 2012 (annexure r-2).he was transferred to district jail, karnal on 06.09.2012. .....

Sushil Sharma vs.state

Court : Delhi

..... convicts who have been imprisoned for life for murder in heinous crimes such as murder with rape, murder with dacoity, murder involving an offence under the protection of civil rights act 1955, murder for dowry, murder of a child below 14 years of age, multiple murder, murder committed after conviction while inside the jail, murder during parole, murder in a terrorist in smuggling operation, murder of a public servant on duty. ..... circumstances in which the crime for which the lifer has been convicted was committed, and other relevant factors including the lifer s potential for committing crime; considering the lifer s overall conduct in jail during the period of incarceration; the possibility of the convict becoming a useful member of the society; and the socio-economic condition of the lifer s family.48. ..... apex court the government orders rejecting the prayer for premature release of convicts without considering the conduct-record of the convicts in jail, as well as, their potential to further commit crime and the socio economic conditions of the convicts family, suffered from gross ..... present address sushil sharma indermani sharma hindu graduate unmarried construction mp-27, murya enclave pitampura delhi permanent address -------do-------- age at the time of offence 36 years present age 59 years date of sentence 07.11.2003 date of admission in jail 26.07.1995 quantum of sentence life imprisonment fir number 4police station connaught place under section 302/2ipc punishment during .....