Court : Andhra Pradesh
Reported in : 1951CriLJ708
..... he further contends that apart from the relevant sections of the criminal procedure code which authorise this court to transfer cases or revise orders of the lower judiciary there is no inherent jurisdiction in this court to do so. ..... the advocate-general argues that reading the two sections together the jurisdiction of this court to transfer oases pending before the special judge has been taken away. ..... the absence of provisions similar to sub-section (2) of section 224, government of india act of 1935 and the wider terms contained in sub-article (1) of article 227 of the indian constitution dearly show that the word 'superintendence' now used cannot be confined to mere matters of administrative ..... the power of 'superintendence' contained in that section has been re-enacted in article 227 of the indian constitution, but this article has no qualification similar to sub-section (2) and is in much wider terms. ..... 3 of the report say that though there had been in recent years tentative efforts on the part of one or two high courts to assert such powers they have now been decisively negatived by sub-section (2) of section 224 of the act of 1936. ..... that decision was given when section 224, government of india act of 1935 was in force. ..... in support of this contention he relies on the authority of the federal court reported in pashupati bharti v. ..... the former regulation contains section 7 which takes away the power of transfer of oases by this court. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1951CriLJ1333
..... in my opinion, therefore, the first contention of the advocate-general regarding the validity of the regulation fails and those sections of the regulation which vary substantially protections given to an accused under the criminal procedure code should not now stand. ..... iv at trimulghiri to try the offences punishable under section 77-b, section 83, 243, 266, 328, 330 368 read with sections 66 and 77-b, hyderabad penal code and under rules 87, 57, 53 read with rule 112, defence of the hyderabad rules, committed by seventeen persons and specified in the charge sheet to be filed against them by the superintendent of police, criminal branch c. i. d. ..... of 1950 have been cancelled, that the petitioners are being prosecuted as accused on charges under various sections of the hyderabad penal code, that they are under trials and have been duly and validly remanded to jail custody, and that their custody is legal.32 ..... -552 thus:so far as mere modes of procedure are concerned, a party has no more right, in a criminal than in a civil action, to insist that his case shall he disposed of under the law in force when the act to be investigated is charged to have taken place. ..... article 20 provides that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the offence charged as an offence : nor is to be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1951CriLJ487
..... 385) in which it has been held that the high court exercising original criminal jurisdiction is not a court of session within the meaning of the code of criminal procedure. ..... there is a different section so far as high court is concerned in the indian criminal procedure code, and there the high court does not take cognizance under the equivalent general section i. e. ..... it is clear that the original bide has been made subject to the appellate jurisdiction of the high court and the criminal procedure code provides the procedure in this respect.6. mr. ..... the said ruling therefore baa no bearing in view of the state of the law prevailing under our criminal procedure code. ..... which provides that besides the high court and the courts constituted under any law other than the code for the time being in force, there shall be five classes of criminal courts namely-(1) court of sessions, (2) court of district magistrate, (3) magistrates of the 1st class, (i) magistrates of the 2nd class and (c) magistrates of the 8rd class. ..... the explanation to this section provides that the provisions of the section are not intended to give finality to the judgments of the original bide and the remedy by way of appeal and revision will be available against such judgments subject to provisions of the procedural law. ..... it is also made clear in the section that it will operate notwithstanding anything contained in the letters patent and in sections 418 and 419, indian criminal p.c. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1952CriLJ722
..... referred to this bench comprise the following three questions:(i) having regard to the amendment of section 281, hyderabad criminal procedure code, and the divergent decisions of this court, should the full bench (five judges) case ..... accused whether he wishes to exercise the right by proviso (a) of section 350, it cannot be said that there was a failure of justice by omission and where the accused had a perfectly fair trial the omission to enquire from the accused of his right provided by proviso (a) to section 350 would, at the most, amount to an error which was curable under section 537 of the criminal procedure code vide 3 weir 1903 (cr)(sic) and 191 a 175 (sic ..... emperor 39 cal 781, it was held that the words 'succeeded by another magistrate' under section 350 of the indian criminal procedure code should not be construed in a narrow sense but should be interpreted to mean that it ceases to exercise the jurisdiction in a particular ..... f 360 where it has been held that if the hearing is not concluded on the day on which it was begun the court could adjourn the hearing only for the next day:if the charge consists of a misdemeanor, common law allowed the jury to separate and to go home for the night but with the warning that until the trial is over they should not speak to anybody about ..... that it is a characteristic of the english people that if they would condemn a person, they would do so only when 12 persons could pronounce him guilty after hearing the charges brought against him. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1951CriLJ901
..... a challan was filed on 21-10.1950 against four persons under sections 359, 397 & 405 hyderabad penal code, & while the case was pending before the sp, mag, hyderabad, a notfn ..... cs & the ratio decidendi of all these decisions is only this: that the right of appeal is not a mere matter of procedure but is a vested right which inheres in a party from the commencement of action in the ct. ..... under section 495, criminal p.c. ..... is that section 495, hyderabad criminal p.c. ..... under section 495, hyderabad criminal p.c. ..... state of madras, : 1950crilj1383 , has quoted with approval the following observations of discount haldane:but it does not follow that the procedure of every tribunal moat be the same. ..... in the case before us, the legislation of the section cannot be regarded as a legislation purporting to classify persons with regard to the remedies open to them ..... under section 494 of the code. ..... one right of appeal which had accused to him on the initiation of the criminal proceedings before the sp. ..... but what procedure is to be in detail must depend on the nature of a tribunal.therefore, the right of appeal is not a fundamental right.5 ..... of law tradition in this country has prescribed certain principles to which in the main the procedure must conform. ..... the first contention of the learned advocate for the petnrs ..... the deprivation of one right of appeal, according to the learned advocate, was the deprivation of a fundamental right that had accrued to his clients at the time when the criminal proceedings started.3. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1951CriLJ1123
..... constituted under the criminal procedure code & a ..... legal argument of the defence submitted in this case is that the military governor having made an order empowering the tribunal to try the offences under certain sections the tribunal is not competent to frame a charge under another section & convict the accused, even though the charge may be of the same nature or lesser seriousness & based on the same facts. ..... could not be minor injuries & we see no force in the defence contention that only minor injuries were inflicted by way of chastisement. ..... his contention is that if on the facts the tribunal came to the conclusion that the charge mentioned by the military governor is not proved, & the lesser offence is proved, then the tribunal has to get a fresh order from the military governor, otherwise, according to the learned counsel, for the ..... there is absolutely nothing on record to support the contention of the learned counsel for the accused that the subsequent investigation & the evidence that is produced in the case, is due to the interference of ..... think that his act of mercy in offering water does not diminish his liability & therefore reject the contention, for want of a reason to reduce his sentence.26. ..... unnecessary to repeat the arguments here as we have disposed of these contentions in detail in the other appeal nos. ..... i do not agree with this contention as it might be a method of finding out what opposition could be expected in the house or merely an excuse to go into the houses & .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1952CriLJ215
..... complaint of the complainant also on the ground that the sanction required under section 199(c) of the hyderabad criminal procedure code, corresponding to section 195(c) of the indian criminal procedure code had not been obtained. ..... as a person who was not a party and if he was a party to the proceeding the case would come within the four corners of section 195, clause (c) of the criminal procedure code and therefore sanction of the court was necessary in the case. ..... vakil that he merely appeared as an objector or a third party to the proceeding asking for the release of the lorry and therefore he could not be regarded as a party to that proceeding within the meaning of section 195(c) of the indian criminal procedure code.8. ..... upon the lawyer before whom a forged document is produced to examine and observe and find out as to whether it was forged or not and if in the usual course he filed a document in court no charge under section 471 could be based on the ground that he used the document having knowledge of the fact that it was a forged document. ..... according to the established practice of this high court we would not have ordinarily interfered at this stage with the finding of the magistrate refusing to frame a charge, for the high court rarely interferes in a revision against an order of discharge but it was pointed out by the vakil for the complainant that there was conclusive documentary proof ..... case far from helping the complainant is against the contention advanced by the vakil. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1952CriLJ702
..... corresponding to section 562 of the indian criminal procedure code on the accused furnishing security to the extent of rs. ..... this is a revision application by a person convicted under sections 386 and 368, h.p.c. ..... against that order and also against the order of the munsif-magistrate finding the accused guilty of the offence, the accused has come in revision before us, that though section 530, h. ..... the district magistrate held that the appeal was incompetent as the accused was not really undergoing imprisonment by reason of the application of section 530, h. cr.p.c. ..... criminal p.c. ..... to a term of six months' rigorous imprisonment, but the sentence was kept in abeyance under the provisions of section 530, h. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1952CriLJ572
..... under the hyderabad criminal procedure code, this sentence did not require confirmation by the high court inasmuch as the sentences were to run concurrently and no sentence is above that of ten years rigorous imprisonment. ..... narayan, balaji and five others were challaned for the murder of kondaji under section 243, hyderabad penal code corresponding to section 302 of the indian penal code, and were committed to the aurangabad sessions court which after a trial acquitted bhikaji accused no. ..... 7, and ten years' rigorous imprisonment to the remaining accused under section 244, hyderabad penal code, and a further term of two ' years' rigorous imprisonment for causing grievous hurt to limbaji; and six months' each for causing simple hurt to dathu.2. ..... 6 and convicted the remaining six accused under section 244, hyderabad penal code, that is, culpable homicide not amounting to murder and awarded five years' rigorous imprisonment to accused no. ..... ganu, the advocate for the appellants argues that this panchanama has only been proved to be prepared and not proved regarding its contents, as is required by law. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1953CriLJ785
..... diaries are concerned, the section of the criminal procedure code which deals with them is section 172 ..... the tribunal would get jurisdiction only when the case was transferred by the military governor was unconstitutional and it amounted to abrogating the extant law, namely, the criminal procedure code. ..... division bench held in so far as syed mohammad khasim razvi and mohsin raza were concerned that the prosecution had not made out a case against them and therefore acquitted them of all the charges while as regards a-2, abdul munim khan one of the judges, the chief justice was of the opinion that the identification of a-2 was not satisfactory and did not carry conviction and therefore ha ..... . i cannot help remarking that the most gruesome murder has been perpetrated and there is material enough to show that the razakar element was responsible for it, but in criminal law, suspicion, however strong it might be, cannot take the place of legal proof and further probably for want of sufficient proof a guilty man is escaping punishment, but according to ..... urged that he was making the application without prejudice to his contention that the evidence on record was enough to prove the ..... legislature may delegate the power to determine the conditions or contingencies under which a statute shall be operative.a similar contention was raised in the case of-emperor v. ..... i do not agree with this contention because a provision in an act that the operation of the act is to be determined by some officer does not .....
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