Court : Chennai
Reported in : AIR1957Mad555; 1957CriLJ980; (1957)1MLJ353
..... has given them under section 132 crl. p. c." there is considerable force in the observations made by burn j. as even in cases where admittedly the police officers acted under chapter 9, cr. p. c. by appropriate allegations in the complaint, the sanction required under section 132 crl. p. c. may be evaded and the court would be ..... the onus is to be thrown on the petitioners to prove in the trial that they acted under this chapter, that is, under chapter 9 crl. p. c. to find out whether the accused acted under this chapter or not, it is contended for the complainant that only the complaint & the sworn statement should he looked into ..... 132, crl. p. c. is that they could not even be put on trial. the section says:"no prosecution against any person for any act purporting to be done under this chapter shall be instituted in any criminal court, except with the sanction of the state government."the protection conferred by this section will be rendered nugatory if .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1957Kant75; AIR1957Mys75; 1957CriLJ1150; (1957)35MysLJ115
..... of the sentence or order.3. it is next urged for the petitioner that an order under section 563 is not a punishment and that therefore no appeal lies. but chapter xxxi dealing with appeals refers to appeals against a judgment or an order or a conviction or an acquittal except section 415 which refers to an appeal against a sentence ..... public.' it appeal's to me that while the learned magistrate would have done well to conform to the language employed in section 562 (i) his intention undoubtedly was to act under section 562 (i) of the code of criminal procedure.4. in the light of what is stated above, this revision petition is not maintainable and is therefore dismissed. ..... lay against the conviction.2. the learned advocate for the petitioner urges that the case was tried summarily, that an offence under section 56 (g) of the mysore police act is punishable only with a maximum fir.e of rs. 50/-and that under section 414 of the code of criminal pro-eedure, no appeal lies against a sentence of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All396; 1957CriLJ698
..... a person is also entitled by virtue of section 340 (2) cr.p.c. to offer himself as,a witness in proceedings under section 107, or under chapter x, xi xh, or xxxvi or under section 552 of the code, tut it should be borne in mind that none of theseprovisions relates to a trial for ..... must be considered overruled.13. i might also mention that despite the fact that the three co-accused of subedar willingly gave their statements the learned magistrate acted contrary to law in examining them. in their case there was of course no violation of article 20(3) because that confers merely a privilege, and ..... referring to a person who furnishes evidence. indeed, every positive volitional actwhich furnishes evidence is testimony, and testimonial compulsion connotes coercion which procures the positive volitional evidentiary acts ofthe person, as opposed to the negative attitude ofsilence or submission on his part.'subedar has neither submitted nor remainedsilent; on the contrary he has refused to testify .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal347
..... controlled industry might come within that meaning where government has taken over direct management under section 18a and the other related sections contained in chapter iiia of the industries (d and r) act, 1951. that point does not specifically arise here and may be decided upon a future occasion. in the present case, it is ..... disputes is the state government. mr. sen gupta has drawn my attention to certain notifications which have been published in the gazette of india dated january 5, 1957. it appears that by notification no. s r. o. 68, the central government, in pursuance of sub-clause (1) of clause (a) of section ..... the right to exercise, a tremendous power of control over scheduled industries. that this is so cannot be denied. the act envisages the establishment and constitution of a central advisory council, and development councils. chapter iii deals with regulations of scheduled industries. the owner of every existing 'industrial undertaking', that is to say, undertakings to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC503; (1957)59BOMLR917; 1957CriLJ605; [1957]1SCR678
..... viz., offences punishable under s. 161, s. 165 or s. 165a of the indian penal code or sub-s. 2 of s. 5 of the prevention of corruption act, 1947 (act ii of 1947) and any conspiracy to commit or any attempt to commit or any abatement of any of the offences specified above. the learned presidency magistrate proceeded with the ..... presidency magistrate, 19th court, bombay and ordering his re-trial by the court of the special judge, greater bombay in accordance with the provisions of the criminal law amendment act, 1952 (act xlvi of 1952). 2. the appellant was accused no. 3 in the court of the learned presidency magistrate. accused no. 1 was the mehta in the employ of ..... authorised by law for the punishment of the offences of which such person was convicted. section 9 of the act provided for appeal and revision and the high court was to exercise as far as applicable all the powers conferred by chapters xxxi and xxxii of the code of criminal procedure, 1898 on the high court, as if the court of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP118
..... next contended that even if it be held that the madhya bharat land records manual was applicable, still by reason of provisions of section 11 (b) of volume 1, chapter i, he cannot be dismissed unless he is initially given a warning and he fails to improve.17. as regards the second and the third ground it was contended that ..... down in the rules, the matter becomes justiciable and a petition for the issue of writ is competent. this decision was followed in shrivastava v. i. g. of police, air 1957 nag 18 (b). reliance further was placed upon the decision in high commr. for india v. i. m. lall, air 1948 pc 121 (c) and further on joseph john ..... actual punishment to follow is provisionally determined on, that the statute gives the civil servant an opportunity for which sub-section (3) of section 240 of the government of india act, 1935 (which corresponds to article 311) makes provision and that at that stage a reasonable opportunity has to be afforded to the civil servant concerned. it was also held .....
Tag this Judgment!Court : Mumbai
Reported in : (1957)59BOMLR727
..... -sections (3) and (4) of section 24. section 24(3) says that no claims officer shall in respect of any secured debt or claim to which chapter iv applies award on account of arrears of interest a sum greater than the principal of the loan as determined under sub-section (i). this makes it quite ..... parties to the transactions. moreover, it would lead to complications for dealing with which special provisions would be necessary. but there are no such provisions in the act. we, therefore, hold that the term secured debt includes a mortgage decree which is not only against the proprietary interests which have vested in the state but ..... constitution was pending, and therefore contended that the claims officer could get no jurisdiction to proceed with the application of the respondents under section 19 of the act. thus they contended on this additional ground that the ultimate order passed by the claims officer was ineffective having been made without jurisdiction. the learned additional district .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1957P& H161
..... indian decisions. his main argument, however, is that this relief has been granted to the publisher under section 7 as distinct from section 6 of the english copyright act of 1911. strictly speaking, this matter should be decided by the trial court after receiving the commissioner's report and objections thereon. the counsel for both parties ..... is nobody's case that by printing this book the author has reduced the marketable value of the copyright. therefore, it is correct that the preliminary decree for accounts relates to 'accounts for conversion under section 7 of the copyright act. this, however, does not conclude the present case.5.under the judgment and decree the publisher ..... .r. laid down that section 6 deals with remedies, legal and equitable, appropriate to the infringement of the incorporeal right of copyright defined by section 1, sub-section (2) of the act, while section 7 gives a distinct right to claim in detinue or for damages in conversion in respect of the infringing copies .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1958Cal1,61CWN494
..... enforce the judgment, decree or order accrues to some person capable of realising the right'. the learned trial judge has pointed out that under rule 10 of chapter xvii of the rules of the original side of this court, an application for execution must in all cases be accompanied by a certified copy of the decree ..... 6th dacember. 1948. on the 9th september, 1935, the plaintiffs in the partition suit, together with baijnath, started a proceeding under the u. p. encumbered estates act and to that proceeding, the members of the banares branch were made parties. in 1946, the banares branch made two separate applications belore the special judge for injunctions ..... period of limitation. articles 182 and 183 should have been differently expressed : extensive researches were made in the literature relating to the passing of the successive limitation acts, but no indication of the reason was found. speculation can hardly be relied on for a correct answer, but i can think of two reasons. article 182 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All636; 1957CriLJ1041
..... of mens rea stands displaced here if section 120 is considered in the context of the other offences contained in chapter ix of the indian railways act. a number of other offences enumerated in that chapter use the words 'wilfully' or 'knowingly.' it might well be contended therefore that the omission of these or ..... follows therefore that neither expressly nor by necessary implication has the presumption of mens rea been excluded from the provisions of section 120 of the indian railways act. that being so, the conviction of the applicant could not be sustained merely because the actus revs of the section stands established, namely, that he was ..... that the provisions of section 120 are wide enough to make any individual, including a railway servant, liable thereunder. true, there is another section of the act, section 100, which penalises drunkenness of a railway servant, so that the applicant could well have been prosecuted under that provision.it is however noteworthy that section .....
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