Court : Andhra Pradesh
Reported in : 143Ind.Cas.535
..... . v of 1938), can be made applicable to the present proceedings in view of section 636, hyderabad civil procedure code. (section 141 of act no. v of 1908). but the lower court has ordered pleader's fees to be assessed under section 5 clause(a) legal practition is rules of 1333 fasli provided for regular suits. this order of the lower court cannot ..... suit for every purpose. we therefore hold that section 6, clause 7 of the legal practitioners rules of 1333 fasli is applicable to the present proceedings, and the pleader's fees is to be assessed accordingly. the said rule requires the court to fix the amount. hence we think it will meet the interests of justice if the plaintiff is ..... ordered to pay the defendants h.s. rs. 50 towards pleader's fees in the lower court. accordingly the appeal is allowed in part. the order of the lower court is modified to this extent that in the decree .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1951CriLJ1333
..... the phrase 'equality before the law' means what the english constitutional writers have said it means. i am reluctant to interpret any phrase in the constitution act by referring to books on english constitutional law. that law is still largely unwritten and consists mostly of conventions or rules of common law, which are ..... questions involved in their decision. eight of them are for the writs of habeas corpus praying release of the applicants from detention under the preventive detention act. the ninth application is for the writ of prohibition seeking to prevent seven persons from being tried by the special tribunal no. iv constituted under the ..... in support of the last contention reliance is placed on the following passage of cooley's constitutional limitations (8th edn.) vol. 1 at page 362:. .. .11 they are so mutually connected with and dependent on each other, as conditions, considerations, or compensations for each other, as to warrant the belief that the legislature intended them as .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1953CriLJ1166
..... , at the same time judges should see that they themselves unwittingly do not become the cause of unnecessary delay of litigation. the learned special judge could have given a week's time to the accused to get a stay order. we have no doubt that the precipitate action of the special judge in hurrying up the case at that stage has ..... of the bench or the bar. on the same day (28.11.1950) the accused filed an application requesting for time to engage another lawyer. the court gave a day's time and posted the case to the next day. it is futile to expect that in a case of murder when already several witnesses have been examined, it is possible .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1952CriLJ152
..... the learned magistrate of jogipet had no jurisdiction to take cognizance of the charge inasmuch as the only authority mentioned in s.c of the act was the licensing authority and the licensing authority in section 4 of the act is mentioned to be the taluqdar (collector of the district.) therefore the taluqdar will be deemed to be the ..... person who can lawfully impose the fine as provided in section 6 of the act in case the contravention of provision of section 3 be held as proved. this argument did not find favour with the learned magistrate. consequently he overruled the objection ..... may further direct that the film shall be forfeited to the government.even a cursory reading of the section would show that the contravention of the provisions of the act or the rules made, thereunder, etc., are made punishable and the convicting court is further endowed with the power to forfeit the film in respect of which .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1952CriLJ681
..... bad. i agree with the said statement of the law as propounded by mr. justice blacker at the lahore high court. the wording of section 411, h. criminal p.c.s. 488 sub-section (i) is that the magistrate concerned may order the payment of monthly allowance towards maintenance to wife or child. thus, from the word' 'may' it is clear ..... of the question of maintenance. mr. appa rao has cited mohamed ali v. sakina begum 45 cri.l.j. 254 (lah.) in which it has been held that the magistrate's power to make an order under section 488, criminal p.c. is discretionary and where, therefore the evidence in a case shows that the wife has a private income of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1952CriLJ1351
..... has preferred this revision to say that the sentence imposed on the respondent was inadequate especially when he admitted the guilt, and the enhancement was prayed for as it would act as deterrent and would serve as a lesson to other merchants.2. in this application the advocate for the respondent raised the question that the charge itself could not stand ..... being fastened on a person of violating any order or provision of law. we cannot invoke the presumption arising under section 114(e) of the indian evidence act and presume that being an official act it would have been done properly. but in cases where certain things are required to be done before any liability could be fastened it is essential that .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1952CriLJ1005
..... complainant who having protested was beaten by the order of the accused. his lordship the chief justice while holding that under section 270 of the government of india act no sanction was necessary at page 27 approves the following test laid by sulaiman, j. in an earlier case:if the prosecution case as disclosed by the ..... such. against this order, this revision petition has been filed.3. the privy council authorities, which i am going to refer, have interpreted the words 'while acting or purporting to act in discharge of official duty' to have no temporal meaning. when this is so as regards these words, which were introduced in order to widen the scope ..... in cases of sanction under section 197 of the indian criminal procedure code, because their lordships of the privy council in 'gill's case' 75 ind app 41 pc, have held that section 270 of the government of india act, 1935 is not substantially different to sub-section (1) of section 197 of the indian criminal procedure code. i think these .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1953CriLJ746
..... the accused is the recovery of the axes and clothes of the deceased alleged to be at their instance so as to make it admissible under section 27, evidence act. exhibits 3 to 13 are the panchanamas of the recovery which shows that from the accused gundappa, baganna, ramanna, shankerappa, sangappa, ananthareddy, lalayya, narsayya, lingayya ..... complete the trial before his transfer, became available to the defence for being utilised in the manner provided for in section 145 of the indian evidence act for the purposes of discrediting some of the material prosecution witnesses the effect of which will be noticed at the appropriate time hereafter in discussing the evidence ..... w. 5, the only panch who has been examined. p. w. 5's testimony that on the police sub inspector's enquiry accused ramanna brought the dhoti and other things makes the recovery itself inadmissible. for purposes of section 27, evidence act. what is required is that the recovery should be made as a consequence of information .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1953CriLJ498
..... w. 1, the sub-inspector, no doubt in his preliminary examination said that the accused used to pay one anna per game to the owner of the house as compensation but in cross-examination admitted that his knowledge in this respect was based on hearsay. in this state of evidence, the charges as stated above were framed against the ..... one anna per game as profit or gain to himself, his house cannot be brought within the category of common gaming house as defined in section 3 of the act. hence no offence was committed even if the petitioners were found gambling there. the learned government advocate feebly attempted to controvert this contention by drawing our attention to ..... support a presumption under section 7 of the act because we have the entire proceeding before us which resulted in the issue of the warrant authorising the search.6. the magistrate's order of 5th february 1951 was based on the ground that the sub-inspector had reported that sultan khan had allowed gambling in his house and the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1953CriLJ116
..... facts were that during the course of trial of four accused persona duly committed by an order of magistrate to the first additional sessions judge, hyderabad who purporting to act under section 351 of the cr.p.c. directed that one mir fathe khan who was present in court but against whom mo proceedings had hitherto been taken should ..... his court in the city of hyderabad. while the case was pending on the file of the special judge, medak and nalgonda, it appears that the chief minister purporting to act under sub-section (2) of section 5 of the said regulation, transferred it to the sessions judge, medak for 'trial in accordance with law' who in turn transferred ..... limiting the meaning of the word 'trial' if other provisions of the code so require....' 'it would indeed be a surprising result that the accident of a person's presence in court should operate to deprive him of the safeguard of inquiry by a magistrate into serious charges sought to be 'brought against him before he can be required .....
Tag this Judgment!