Court : Allahabad
Reported in : AIR1958All364; 1958CriLJ591
..... the first point first. the provisions of section 479a have been inserted in the code of criminal procedure by section 89 of the code of criminal procedure (amendment) act 1955 (no xxvi of 1955). section 479a runs as follows:'(1) nothwithstanding anything contained in sections 476 to 479 inclusive, when any civil, revenue or criminal court ..... fabricating false evidence, if in respect of such a person proceedings may be taken under this section.' 5. section 479a occurs in chapter xxxv of the code of criminal procedure. the other relevant sections in that chapter are 476, 476a, 476b, 478 and 479. section 476 confers on a civil, revenue or criminal court, either on its own ..... where perjury or fabrication of false evidence will not be detected before the judgment or order is pronounced will be very few because section 145 of the' evidence act requires that if a witness is sought to be contradicted by this former statement his attention must be drawn to it and rules of evidence also require that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All37
..... counsel for the opposite party raised a preliminary objection to the effect that the reference was incompetent as the entire case could not be referred in view of rule 3 chapter viii of the rules of the court, and as the learned judges having delivered separate and different judgments had no further power to make the reference. i do not ..... continuing the suit that she was a pauper.3. this revision came up for hearing before brothers mukerji and tandon. they differed and then passed an order on 31-7-1957 to the following effect :'since we differ in regard to the question arising in this case: we direct that this case, along with our opinions be laid before the ..... document. sub-section (2) allows the court to receive an insufficiently stamped plaint or memo of appeal but directs that the plaint or the memo of appeal shall not be acted upon until the deficiency has been made good within the time allowed by the court. sub-section (3) provides the procedure to be followed by the court when an .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All858
..... . in harish chandra bajpai v. triloki singh, 12 el lr 461: ((s) air 1957 sc 444) (a), the supreme court on a consideration of the representation of the people act, 1951, prior to its amendment by the representation of the people (amendment) act, 1956, (act 26 of 1956) held that 'trial means the entire proceedings before the tribunal from the ..... that the earlier decisions of the supreme court no longer conclude the matter. 3. chapter iii of part vi of the unamended act, which consisted of sections 86 to 107, is entitled 'trial of of election petitions', and it was upon a consideration of this chapter as a whole that the supreme court in harish chandra bajpai's case (a) ..... was of opinion (a) that, subject to the provisions or the act and the rules made thereunder, the procedure of the code of civil procedure applicable to the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All211
..... been passed amending the assessment last, to my mind, is misconceived and does not come within the purview of section 147 (1) (c).15. chapter v of the municipalities act deals with the imposition and alternation of taxes. certain procedure is to be followed before taxes are imposed. thereafter the assessment and the preparation of ..... :'counsel for the appellants argued that there was no mistake, misrepresentation or fraud within the meaning of section 147 (1) (c) of the u. p.municipalities act which can justify the enhance-ment. it may, however, be observed that for pur- poses of the last quinquennial assessment, the assessing officer had proposed rs. 15 ..... of these sections it is clear that the appeal officer who has been delegated the powers to investigate into the objections filed to the assessment has to act judicially and his orders are appealable. the proceedings before the appeal officer and the commissioner are of a quasi-judicial nature and cannot be regarded administrative and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All596
..... want of cause of action.as has been held by the supreme court in harish chandra bajpai v. triloki singh, (s) air 1957 sc 444 (c), the provisions of chapter iii ofthe representation of the people act read as a whole clearly show that the word 'trial' is used as meaning the entire proceedings before the tribunal for the time ..... no. 1 that this appeal was not maintainable as the order dated the 28th of august, 1957, was not an order under section 98 or 99 of the representation of the people act and the right of appeal to this court under section 116a of the act had been granted only against order passed under section 98 or 99 of the ..... candidate, filed his election petition before the election commission on 16-4-1957, which was the last date of limitation prescribed for presentation of election petitions under the act. the election commission entrusted this petition for trial to the election tribunal at gonda and fixed 12-6-1957, as the date for appearance of parties before the tribunal.2. the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All149; 1959CriLJ268
..... if an order of commitment had already been made, but if anything had been done which could legally be interpreted as amounting to a commencement of trial. chapter xxiii of the code of criminal procedure deals with trials before high courts and courts of session and it is sub-divided into many parts. one such ..... v. irving (1905) ac 369 (b); marsh v. higgins, (1850) 9 cb 551 (c). (venugopala reddiar v. krishnaswami reddiar , g. veeraya v. n. subbiah choudhry : [1957]1scr488 . these were decisions in civil cases, but the principle laid down in them is equally applicable in criminal cases. 17. now, there is no doubt that, barring that part ..... be said to be formal statements of the accomplice or accomplices themselves, but since they satisfy the aforesaid dual conditions of being admissible (under section 34, evidence act) and reliable (as adverted to already) they should be taken as independent corroboration of the testimony of those witnesses. furthermore, since those entries speak of payments .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All861; 1958CriLJ1449
..... accused persons an opportunity of becoming acquainted with the evidence of offences imputed to him and enables him to prepare his defence. the object of the amendment to chapter xviii of the code introduced in 1955 was to simplify commitment proceedings and make them more speedy. it is well settled that the true meaning of any passage ..... already indicated' i feel myself unable, with the greatest respect, to endorse that view. 11. the fourth case is of state v. govindan thampi bhaskaran thampi, (s) air 1957 trav- co 29 (e), in which the interpretation of the first part of section 207-a (4) was also directly involved. the learned judges were of the view that, ..... the accused an opportunity of being heard committed both the cases to the court of sessions where they were numbered as sessions trial nos. 5 and 6 of 1957 respectively. at the outset of the hearing before the learned sessions judge, the prosecution were asked to state whether they proposed to examine all the eye-witnesses mentioned .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All45
..... of an offence, he must have applied his mind to the offence for the purpose of proceeding in a particular way as indicated in the subsequent provisions of the chapter in which that section was contained. 'cognizance' according to these cases means the application of mind by a magistrate for the purpose of taking judicial proceedings in the ..... , accordingly, refer the following question to a bench : 'does the prosecution within the meaning of the expression as used in section 15 of the indian merchandise marks act (act iv of 1889) commence when the prosecutor moves a court of law for action against an accused or when the process is actually issued by the court against him?' ..... and it has been laid before us for answers: 'does the prosecution within the meaning ot the expression as used in section 15 of the indian merchandise marks act (act iv of 1889) commence when the prosecutor moves a court of law for action against an accused or when the process is actually issued by the court against him .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All179
..... to the zamindars for the acquisition of the rights in sir and khudkasht lands and the proprietor's groves. chapter iii of the act deals with the subject of assessment of compensation and contains section 27 to 64. section 39 enumerates the items ..... . proceedings continued for a number of years till on 1-7-1952, the u. p. zamindari abolition and land reforms act (act i of 1951) came into force. as a consequence of this enactment the zamindari sights of the judgment-debtor were abolished and ..... musanna : air1938all221 , it was held that where a portion of the mortgaged land was acquired by government under the land acquisition act and compensation was awarded to the mortgagor, the principle of substituted security applied to the compensation money and the mortgagee was entitled ..... decree. hence the present appeal.5. the appeal came up for hearing before a division bench on 22-11-1957, and the division bench, in view of the importance of the questions raised in the appeal, directed the record .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All569; (1959)ILLJ464All
..... . ii to which the introductory words ot's. 243 can be referable in relation to conditions of services, as every one of the other provisions of the chapter, with one exception deals with special classes of service, just as section 243 deals with special class.'the result therefore is that with the repeal of section 243 ..... who rejected the same on 29th of october 1956. the petitioner thereafter applied for certified copies of the various orders which he received on the 15th of february 1957. thereafter the present petition was filed in this court.the grounds taken in the petition are that the charges levelled against the petitioner amounted tothe cognizable offence ..... shown by rule 477 of the police regulations which runs as follows :--'477. the rules in this chapter have been made under section 7 of the police act (v of 1861) and apply only to officers appointed under section 2. police act (v of 1861). no officer appointed under that section shall be punished by executive order otherwise than .....
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