Court : Delhi
Decided on : Apr-20-1973
Reported in : ILR1973Delhi459
..... merriman were charged jointly, on the first count of an indictment with wounding william parry with intent to do him grievous bodily harm contrary to section 18 of the offences against the person act, 1861 frank merriman pleaded guilty to the charge but the respondent john michael merriman stood his trial. it was alleged by the prosecution that frank ..... and b are charged with murder of c, a as having himself done the act of killing and b as being liable for the offence by virtue of section 34 the fact that b is acquitted is no bar to the conviction of a under section 302. the fact that common intention is not established is no bar to the ..... are acquitted, if it accepts the evidence that the said accused acted in concert along with persons, named or unnamed, other than those acquitted, in the commission of the offence'.(40) in the case of prabhu babaji navle (supra) the appellant was charged under section 302 read with section 34, with four named persons. the four others were acquitted. .....
Tag this Judgment!Court : Delhi
Decided on : Sep-20-1973
Reported in : ILR1974Delhi419
..... we believe we have said enough to show how in the circumstances of this case we cannot draw any adverse inference against the prosecution under section 114(g) of the evidence act. (39) we have next to consider the evidence pertaining to the disclosure statement, said to have been made by jai chand to public ..... that this answer was elicited during the crossexamination of public witness 30: he was not pursued further. (28) shri d. mukherjee relied upon section 114(g) of the evidence act and urged that we must draw an inference adverse to the prosecution from the non-examination of any other person of that village except the relations ..... of statements made to the police officer except to the extent provided by section 162 criminal procedure code . for eliciting contradictions from the said witnesses in the course of their crossexamination under section 145 of the evidence act or under section 154 of the evidence act when such witnesses go back on their previous statements at the inquest when .....
Tag this Judgment!Court : Delhi
Decided on : Nov-12-1973
Reported in : 1974RLR54
..... common intention to commit the crime had been conceived. the court will of necessity weigh the entire evidence establishing the participation in 'a criminal act' in order to determine whether vicarious liability within section 3 of the code had been incurred and if so by whom. (14) in the present case all the assailants were previously known to ..... the accused and incapable of explanationn on any other reasonable hypothesis.'(13) the result is that common intention within the purview of section 34 of the code may be established by proving direct act or acts of participation or on the basis of the total evidence which may lead to the only conclusion that the crime had been the ..... the victim suffered the knife injury. (15) it is urged that even then the said appellants could not have been convicted under section 326 of the code. their counsel submits that the court below acted erroneously in basing itself on the opinion recorded by dr. r. prasad who was never examined at the trial in.order to .....
Tag this Judgment!Court : Delhi
Decided on : May-23-1973
Reported in : 9(1973)DLT390; 1973RLR542
..... petitioner has challenged this order in the present revision.(4) the trial court came to the conclusion that the petitioner did not have a prima facie case because the purported act of respondent no. 1 in creating a fresh tenancy in favor of the petitioner even while the procceedings for the eviction of the petitioner's father were pending, did not ..... for the purpose of judicial proceedings, there is no doubt that the occasions on which these provisions are invoked are far to rare in spite of the fact that the acts of perjury and forgery in courts at the lower level has been prevalent almost in a virulent form. this is unfortunate and is apparently attributable either to the indifference of ..... h.l. anand, j.(1) the question that this petition under section 115 of the code of civil procedure raises is as to the precise scope of the functions and the extent of powers of the court when called upon to consider .....
Tag this Judgment!Court : Delhi
Decided on : Dec-20-1973
Reported in : ILR1975Delhi49
..... reproduce the aforesaid section, which is as follows :- 'whoeverdishonestly abstracts, consumes or uses any energy shall be deemed ..... could not be sustained under the said section. in support of the contention reliance was placed on avtar singh v. the state of punjab : 1965crilj605 . in that case the appellant was convicted under section 378 of the indian penal code . of having committed theft of electricity, as per provisions of section 39 of the indian electricity. act 1910. it would be relevant here to .....
Tag this Judgment!Court : Delhi
Decided on : Apr-20-1973
Reported in : 10(1974)DLT120
..... ' on facts it was found that the trade in tendu leaves was a state monopoly under a valid statute. to work out the power conferred under section 12 of the act for sale of tendu leaves a scheme was formulated for the whole of the state as contained in the tender notice. the tender notice and the agreements entered ..... government because the debt due is an actionable claim within the meaning of section 3 of the transfer of property act and is capable of being transferred as contemplated by section 6 of that act. as the definition of' actionable claim ' in section 3 of the transfer of property act itself shows it means a claim to any debt etc. which the ..... careful scrutiny of the facts and circmstances which gave rise to the laying down of the proposition that compensation determined under the displaced persons (compensation & rehabilitation) act becomes, by virtue of section 8, a debt due to the displaced person and so, can be attached, unlike the position obtaining under the land acquisition .....
Tag this Judgment!Court : Delhi
Decided on : Apr-03-1973
Reported in : ILR1973Delhi563; 1973RLR390
..... had not been given any notice of the divisibility of the portion of the property separately. bhola nath and wassu ram filed further revision petitions under section 33 of the act claiming that the portion of 72 to 74 and portion 69 to 71 were not capable of division and the whole of the property should be ..... by the rehabilitation authorities. khushi ram, bhola nath and smt. bago, appellants, and others filed appeals under section 33 of the act against the auction and the chief settlement commissioner by his order dated 5/20th july, 1956, decided that the properties have been made allotable under the rules. ..... july, 1968. this judgment will dispose of all the four l.p.as. (2) there is acquired evacuee property under the displaced persons (compensation and rehabilitation) act, 1954 (hereinafter called the act) bearing no. 373/69-71 and 72-74 ward no. vii, gali sarsawali, naya bans, delhi. this property was directed to be sold by public auction .....
Tag this Judgment!Court : Delhi
Decided on : Nov-19-1973
Reported in : ILR1973Delhi1081
..... : firstly, the representation of 30th june 1965 was not of an existing fact but was of a proposal of future action. it was not, thereforec. covered by section 115 of the evidence act. secondly, the option was asked only regarding the revised scales of pay and allowances by the letter of 14th july 1965. no option was asked about conditions of ..... au public health posts are less specialised than an eye post or an e.n.t.post or a cardiology post. dr. chandra mohan in fact gave a notice under section 80 civil procedure code to the government claiming that he should be taken into general duty officers, grade i, as he now realises that he would have more prospects of promotion ..... was shown in the seniority lists. the years of service they had put in the category concerned is the real question for consideration. the word ' category' is defined in section 2(c) to mean a 'group of posts specified in column 2 of the table under rule 4'. the table in rule 4 gives the categories of supertime grade ii .....
Tag this Judgment!Court : Delhi
Decided on : Jul-13-1973
Reported in : ILR1973Delhi714
..... shri benham was a habitual offender as would be evident from his past record. (5) the officer in charge of the aforesaid police station framed a charge under sections 406/379 of the indian penal code against shri benham. after investigation, the said officer in charge prepared final report no. 39, dated may 3, 1953, ..... appeared that the members of the departmental inquiry committee were not able to proceed with the disciplinary proceedings uninfluenced by the view they had already formed while acting members of the fact-finding inquiry committee, and that the way they conducted the proceedings in the regular departmental inquiry did leave an impression that they had ..... judge was not justified in coming to the conclusion that the members of the departmental inquiry committee were influenced by the view they had already formed while acting as members of the fact-finding inquiry committee. it is common ground, as it was before the learned single judge, that the fact-finding inquiry committee .....
Tag this Judgment!Court : Delhi
Decided on : Nov-26-1973
Reported in : ILR1974Delhi660
..... on the petitioner by law independently of any agreement between the parties. the state bank of india was established by the state bank of india act, 1955. by section 7 of the act, the services of the employees of the then imperial bank of india were transferred to the state bank of india and each employee was ..... it considers necessery or desirable for the efficient performance of its functions, and determine the terms and conditions of their appointment and service. according to section 16 of the general clauses act, thereforee, the state bank had also the power to dismiss such persons who could be appointed by it. in pradyat kumar bose v. the ..... [1959]1scr1236 , the essentially contractual nature of the employment of a professor of the university is recognised. the award of the arbitrator appointed under section 45(2) of the delhi university act was set aside as disclosing an error of law apparent on the face of the record inasmuch as the award purported to reinstate the professor contrary .....
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