Court : Andhra Pradesh
Reported in : 1953CriLJ454
..... for a better elucidation and comparison of the particular provisions, i have put the relative sections in parallel columns:west bengal special saurashtra ordinance hyderabad special judge's regulation. courts act.section 5(1) a special court section 11. the special judge section 5(1)-every special judge shall try:sall try such offences or shall try such ..... procedures similar to those contained in the regulation. in - the state of west bengal v. anwar ali air 1952 s.c. 55, certain words in section 5(1) of the west bengal special courts act were held by the majority of the supreme court to be void as they infringed the guarantee given by article 14 ..... procedure in the absence of any such provision to the contrary. if this is the position when the lower court's procedure is altered by a statute, then how the position could be different when the act prescribing the discriminatory procedure becomes void by reason of its repugnancy to the equal protection clause of the constitution? although .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1953CriLJ1320
..... at gangavathi, of which they were both in charge. on receipt of this information, the deputy superintendent of police, koppal, made the following endorsement:handed over to s.i. police, gangavathi, for registering a case under section 409, i.p.c. he should arrest the two accused immediately and complete the investigation and file the charge ..... cardio-vascular disease and is unable to get up or move about. in this condition, it is said that the applicant presented an application through his advocate mr. s.m. hasan before the munsif-magistrate. gangavathi, who rejected the application on 4.6.1952, both on the ground that the accused cannot apply through an advocate ..... some kind of restraint by taking security for his appearance. these observations are based upon the meaning of the word 'bail' as found in the oxford and webster's dictionaries and the legal dictionaries like wharton or stroud and the 'termes de la ley'. the famous jurist blackstone in his commentaries on the laws of england vol .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1953CriLJ477
..... constitution, for, in such matters, the direction in that article is only declaratory and not mandatory and, moreover, that article refers to executive acts and the filing of an appeal is evidently a judicial and not an executive act. hence the article is quite irrelevant.regarding the argument that as the indian criminal procedure code is in force now and under its section 492 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1954CriLJ464
..... charged only under the subsequent enactment notwithstanding the fact that the enactment was not in force at the time when the act or omission constituting the offence was done. he relies upon certain passages in maxwell's interpretation of statutes (9th edition) pages 194 and 195 and craies on statute law pages 342 and 343. maxwell states ..... show that the contention of the learned advocate has no force. the argument that was advanced by the applicant's advocate in that case and opposed by the government advocate was, that section 5(1)(c), prevention of corruption act 'pro tanto' repeals the provisions of section 409, penal code. dixit j., after setting out these contentions ..... is only then that the case will be triable by special judges. 'shanker singh's case (x)' was dealing with the uttar pradesh panchayat raj act which provided by section 56 thereof for the immediate transfer of cases triable under the said act to the panchayat adalats which shall try the case. in the face of this specific .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1954CriLJ1281
..... is being administered, thereby shaking the confidence in the public mind about the administration of justice, creating an impression that the judges in the highest court in the state act on extraneous considerations. we may point out that use of the english language for writing judgments and for recording evidence has been permitted under the hyderabad (language of judgments ..... notifications and the pronouncements of the supreme court are in english, it also fails to take into consideration that the decisions of this court as well as the state acts together with such notifications and rules as this high court is authorised to frame, are in english, it further overlooks that these changes necessitate study and thorough knowledge of ..... from 5-10-1953 to 4-11-1953.after the above notification, the doubts and fears in the minds of the court's employees should be removed and it is expected of mr. justice shripatrau that he will perform his duties in such a manner as will remove fear from the minds .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1954CriLJ1093
..... respect of two several decisions made by his honour on 4-6-1947 and 14-12-1948 respectively, upon the grounds, inter alia.(i) that the women's employment act 1942 together with all regulations thereunder is and was on 14th dec., 1948 in excess of the constitutional powers of the parliament of the commonwealth and void and ..... south wales, a corporation carrying on the business of banking as a state bank and incorporated under the govt. savings bank act 1906 (n.s.w.), as amended, and the rural bank of new south wales act 1932 (n.s.w.), as amended, applied to the high court for a writ of prohibition directed to the united bank officers' association ..... provisions contained in the regulation together with its rules are almost identical with the defence of india act, and may be called the urdu version of the defence of india act and its rules with modifications necessitated by the then state's constitutional set-up, section 3 of the regulation with necessary modifications is identical to section 2 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1955AP79
..... the lower courts. the first question is whether the contracts were void under the oil-seeds forward contracts prohibition order 1943. a forward contract is defined in cl. (ii) of s. 2 of the said order. it says :'forward contract means a contract for the delivery of oil-sees at some future date.'rajamannar c. j. in -- 'hanumanthiah v. thimmiah', : air1954mad87 ..... groundnut at nandyal under the name and style of messrs. g. chinna konda reddy & g. p. venkata reddi. the plaintiff is the east asiatic company (india) limited. madras. the defendant's entered into two contracts with the plaintiff on 14.5.1945 and on 18.5.1945 for the sale of groundjut kernel. the first contract was for the sale of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1955AP55; 1955CriLJ565
..... v. mangal khandu', 39 cal 157 (fb) (b), a full bench of the calcutta high court expressed the opinion that an appellate court had no power to order compensation under s. 250, criminal p. c. the learned judge stated that consequential or incidental orders must fall under one or other of two heads, which were mentioned in the judgment. ..... . (c) and (d) are of wide import and include a power to remit the matter to the lower court after setting aside the order passed either under s. 107 or s. 110 or s. 145, criminal p. c.(11) this leads me to the point whether the power is of a limited nature as observed by burn j., in-- 'nagappa ..... case under three registered sale deeds of the year 1952, and obtained possession thereof from the vendors. in november 1952, he moved the additional sub magistrate. guntur, under s. 144, criminal p. c., for an order preventing the petitioners herein from trespassing on his lands with allegations that while he was alway at madras the present petitioners trespassed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1955AP45; 1955CriLJ355
..... the complainant but were the property of the accused (respondents). the sub-magistrate who tried the case accepted the prosecution version, rejected the defence and convicted them under s. 379 and sentenced them to a fine of rs. 25/- each. an appeal was filed before the district magistrate, vishakapatnam against the conviction. subsequently the trial ..... magistrate passed an order under s. 517, criminal p. c., directing the return of the jute to the complainant.next day, the accused filed an application before the trial court to vacate ..... to the accused and especially to a person to whom properties were delivered improperly or illegally. in this case, the magistrate in violation of the terms of sub-s. (3) directed delivery of the jute to the complainant notwithstanding the fact that an appeal was filed against his judgment and it was pending. there was, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1955AP12
..... inter alia, contended taht time plaintff firm was different from that constituted in the in the year 1925, that it was not registered under the parnership act, and that s. 69 (2) of the act was a bar to the maintainability of the suit.(4) the first court accepted the contention of the defendant and dismissed the suit. the appellate court ..... constituted under ex. b-1, and (ii) b-1 expressly disolved the old firm and constituted a new firm in its stead.(6) the relevant provision of the act is s. 69 (2). it reads:'no suit to enforce a right arising from a contract shallbe instituted in any court by or on behalf of a firm against any ..... ) optionally (section 43) and judicially (section 44) and the consequent winding up of the firm affairs and settlement of accounts.'there is no corresponding provision to s. 253 (7) contract act providing for the dissolution of the partnership on any member of the partnership ceasing to be a parner.(10) the learned counsel for the appellants contended that the .....
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