Court : Punjab and Haryana
Decided on : Aug-31-1973
Reported in : 1974CriLJ970
..... section 173 of the code of criminal procedure could be legally finalised. the inherent powers of the court were invoked in the ends of justice. it would not be out of place to mention at this stage that no evidence had been recorded during the commitment inquiry when this application was made by the prosecuting inspector of police.3. the learned committing magistrate ..... remedies for all ills. it takes into consideration the conflicting interests and evolves a formula which, in its general application, does least injustice to either side and produces an optimum meeting point. the code of criminal procedure hereinafter referred to as the code, has been brought on the statute book to promote the cause of justice in criminal cases. whenever a problem arises under ..... of the prisoner, then the investigating officer may be guilty of abetting a murder if he sits over that information and takes no steps to have the death warrants recalled. he would be responsible for a murder even though the hangman can seek protection of the official seal appearing on the ..... sections beginning from section 154. and ending with section 176. section 154 deals with information relating to the commission of a cognizable offence, and the procedure to be adopted in respect of the same. section 155, similarly deals with information in respect of non-cognizable offences. sub-section (2) of this section, prohibits a police officer from investigating a non-cognizable case, without the order of a magistrate. section .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-26-1973
Reported in : [1974]94ITR567(P& H)
..... who is duty bound to proceed with the case property in accordance with the provisions of the code of criminal procedure.'6. in the present case, the cash was in the possession of the customs authorities and not in the possession of the petitioner and according to section 110(2), the customs authorities, after the decision of tuli j., which has been affirmed by ..... and had to be dealt with in the manner prescribed in the code of criminal procedure. as such ramesh chander's case will not govern the present case. we are unable to accept this contention because the learned judges in that case proceeded to quash the authorisation and search warrants issued under section 132 of the income-tax act on two independent grounds and ..... customs act, 1962. these proceedings were challenged in this court in civil writ no. 1645 of 1971 and the order of the custom authorities under section 110(2 ..... the customs people took into possession rs. 93,500 in indian currency, 10 gold sovereigns and the car. on the 24th august, 1970, the petitioner was produced before a duty magistrate at amritsar and was granted bail. in the meantime, the customs department took proceedings under section 110(2) and extended the period of issuing of the show-cause notice under section 124 of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-22-1973
Reported in : 1974CriLJ426
..... witness who has been awarded compensation by the learned trial magistrate, but the orders of acquittal passed by it cannot be set aside in exercise of revisional powers, only on the ground that it failed to hear an injured witness who had been awarded compensation under section 545 (b) of the code of criminal procedure. there is no merit in this petition and the ..... which it is conferred and the effect of the exercise of that powers.4. section 545 of the code of criminal procedure was brought on the statute tapok in 1898. the code was amended on many occasions subsequently. by section 84 of the criminal procedure code amendment act, 1955, section 417 of the code was re-cast and a private complainant was for the first time given the right ..... implication excludes the application of any or all the principles of natural justice then the court cannot ignore the mandate of the legislature or the statutory authority and read into the concerned provision the principles of natural justice. whether the exercise of a power conferred should be made in accordance with any of the principles of natural justice or ..... private complainant should be heard in appeal against out of the trial of such cases. a criminal court while recording conviction of an accused has the discretion to grant compensation for any loss or injury caused by the offence, under section 545 (b) of the code of criminal procedure, but a private complainant has no right to insist that compensation must under all circumstances .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-27-1973
Reported in : AIR1974P& H116
..... that the evidence present on the record, when read as a whole, supports the statement of the accused, which has to be taken into consideration under section 342, criminal procedure code, that his firm had been applying the trade mark of 'do kabutar' on its goods openly and to the knowledge of the complainant ..... the complainant) against the acquittal of charan singh (hereinafter called the accused) recorded by the learned additional sessions judge, jullundur in a complaint under sections 78 and 79 of the trade and merchandise marks act, 1958(hereinafter called the act). shortly put, the prosecution case is that the firm known ..... bakhtawar engineering works was installed in or about the year 1952 and that charan singh and his brother joginder singh were its partners and after the death of joginder singh, which took place in or about the year 1964, charan singh had become its sole proprietor. it, therefore, follows from ..... been applying the said trade marks. in the month of march, 1971 the accused had moved an application under sections 561a and 479a, criminal procedure code (copy exhibit d-2) in this court in criminal revision no. 1-m of 1970 against the complainant. the complainant gave its reply (certified copy of which is ..... goods and had caused heavy loss to him; and that p.s. batra and his firm had been selling the said goods of the firm of the accused knowing fully well that the trade mark of 'do kabutar' had been falsely applied to the same. the learned magistrate doubted the case .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-01-1973
Reported in : 1974CriLJ231
..... high court in a manner which will be contrary to or different from the procedure expressly provided for the court under the criminal procedure code. it is thus evident that the remedy to the petitioner against the order of the learned magistrate was covered under the provisions of the code of criminal procedure. it is not a case where there was any legal bar against the ..... the truck, but their applications were dismissed. ishar singh has filed criminal misc. application no. 45-m of 1973 for setting aside the order passed by the learned ..... magistrate and to release the truck in his favour on suparddari.2. the learned counsel for the petitioner contended that as the truck is registered in the ..... (lachhman singh) got registered a case under sections 420 and 406, indian penal code, at police station kharar against ishar singh for misappropriation and cheating, ishar singh was arrested by the police and the truck was also taken into possession. both ishar singh and lachhman singh filed applications in the court of the judicial magistrate 1st class, kharar, for the restoration of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-29-1973
Reported in : AIR1974P& H299
..... limitation time from which period begins to run. ' 131. to any court for the exercise of its powers of revision under the code of civil procedure, 1908 or the code of criminal procedure, 1898 ninety days. the date of the decree or order or sentence sought to be revised. no exceptions are provided and all ..... applications for the exercise of powers of revision conferred on any court by the code of civil procedure must be filed within 90 ..... date were produced before its case was closed. no evidence was led by the judgment-debtors. exercising its inherent powers under section 151 of the code of civil procedure the executing court accepted both the applications and restored the two execution proceedings after giving a finding that the statements made by ..... , they did not choose to file the applications before me any earlier than the 15th of may, 1972, and there is in any case no cause for condonation of the delay after the 7th of may, 1972. 3. in this situation mr. bindra, learned counsel for the judgment-debtors, contends ..... executing court restored the execution proceedings. the time bar enacted by article 131 thus clearly comes into operation. in order to meet it, applications have been filed on behalf of the judgment-debtors under sections 5 and 14 of the limitation act with the prayers that the delay in filing the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-03-1973
Reported in : 1974CriLJ902
..... adequate relief, but even while exercising such powers, the court has to act with utmost circumspection and, as is well-settled, powers under section 561-a, criminal procedure code, are meant to be exercised only in exceptional case and most sparingly. in exercising such powers the court must guard against the risk of ..... in my opinion, is not warranted by the provisions of section 561-a, criminal procedure code, nor by any other provision of the code. the power to stop investigation in such cases if exercised, assuming that such power vests in the court under section 561-a, criminal procedure code, far from promoting the ends of justice may itself constitute ..... each to exercise its own function, always of course subject to the right of the court to intervene in an appropriate case when moved under section 491, criminal p. c., to give directions in the nature of habeas corpus. in the case of a cognizable offence, the court's functions begin ..... be only after some investigation is conducted that the police will be in a position to find out whether it is a case of natural death, suicide or culpable homicide or murder. if the contention, that unless the police is able to satisfy the court that it is in possession ..... interfere with the police in matters which are within their province and into which the law imposes upon them the duty of enquiry. in india there is a statutory right on the part of the police under sections 154 and 156. to investigate the circumstances of an alleged cognizable crime .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-13-1973
Reported in : 1974CriLJ113
..... procure the same quantity of foodgrains after taking an appropriate licence and hand over the same to (he procurement department. against that order, the district magistrate made a reference to the high court under section 438, code of criminal procedure, for enhancement of the sentence. the high court accepted the reference. as regards the security bond, the high court remanded the case to the trial ..... and not by a court can be forfeited under section 514 of the code of criminal procedure. the relevant portion of section 514 of the said code reads:514. (1) whenever it is proved to the satisfaction of the court by which a bond under this code has been taken, or of the court of a presidency magistrate or magistrate of the first class,or, when the bond is ..... bound by such bond to pay the penalty thereof, or to show cause why it should not be paid.a bare reading of this provision would show that this sub-section is divided into two parts. the first part relates to a bond which is taken by the court under the code of criminal procedure, and the second part talks of a bond for appearance before ..... satya narain surety, who took a number of adjournments to produce the accused in court but was unable to do so. as a result, the learned magistrate passed an order under section 514 of the code of criminal procedure, forfeiting the surety bond furnished by him and directed him to pay a fine of rs, 1,000/-.2. as a result of the said forfeiture .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-08-1973
Reported in : 1974CriLJ862
..... , is well-founded. let me first examine its legal aspect. sections 253 and 254 of the code of criminal procedure may be set out here with advantage:--253. discharge of accused.--(1) if, upon taking all the evidence referred to in section 252, and making such examination (if any) of the accused as the magistrate thinks necessary, he finds the no case against the accused has ..... is this. having been informed that the declaration made in affidavit (exhibit pc/1) was false, the finance-cum-health secretary, chandigarh administration (complainant-respondent no. 1) initiated an enquiry into the matter and the same revealed that before making the application above-mentioned the petitioner had submitted an application dated 21st of june, 1969 (assigned mark ('a') by the learned ..... parties agree that if the declaration contained in exhibit pc/1 was false to the petitioner's knowledge he would be guilty of the offence mentioned in this section, because he intended thereby to cause a public servant, viz., respondent no. 2, to do or omit something which the latter ought not to do or omit if the true state of facts ..... the petitioner, in which event alone shall a charge be framed against him and his trial held. the personal attendance of the petitioner having been dispensed with by the learned magistrate, counsel for the parties are directed to appear in his court on the 3rd of september, 1973. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-28-1973
Reported in : AIR1974P& H108
..... aforesaid land. the deceased was required in a murder case. as he had absconded, his share in that land was attached by the magistrate 1st class, gurgaon, under section 88 of the code of criminal procedure, 1898(hereinafter referred to as the code). he was, however, arrested to 5 years' rigorous imprisonment on december 30, 1944. on appeal he was acquitted by judgment dated may 29 ..... then submitted that the property in dispute, namely, the occupancy rights, had not been auctioned by the state government and was at its disposal. he also submits that, after coming into force of the act, the rights of the landlord extinguished in the property and the deceased became full owner thereof. he urges that he deceased having become full owner of ..... the government under sub-section (7) of section 88, can apply for restoration thereof under section 89 of the code. the said section is as follows:--'if, within two years from the date of ..... -a) has been disposed of under that sub-section, unless it is subject to speedy and natural decay, or the court considers that the sale would be for the benefit of the owner, in either of which cases the court may cause it to be sold whenever it thinks fit.'any person whose property is or has been at the disposal of .....
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