Court : Rajasthan
Decided on : Oct-05-1949
Reported in : AIR1950Raj16
..... to determine whether the confession is admissible. the admissibility depends upon the confession having been made without any inducement, threat or promise referred to in section 24, evidence act. the mere fact that a confession has been retracted does not by itself show that it was not voluntary but was made in consequence of some ..... to prove their alibi but the learned sessions judge rejected this evidence as worthless and, relying upon the prosecution evidence, convicted and sentenced the accused both under sections 302 and 394, penal code as mentioned above.4. the accused being unrepresented mr. mool chand, who had conducted their case in the sessions court, ..... the confessions of ramla and moolia and on 17th september 1946 the confession of balia was recorded by him. ultimately all the three accused were challaned under section 302, penal code, in the court of first class magistrate, jetaran and later committed by him to sessions court. the accused denied having committed the offence .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-15-1949
Reported in : AIR1954Raj23
..... merits of the case in making an order of issue of notice is without any foundation - there being no material on record to support this view. ordinarily presumption under section 114, evidence act, is that an order of a court of civil law is made after due consideration and unless it can be shown to have been otherwise the presumption would be .....
Tag this Judgment!Court : Chennai
Decided on : Nov-25-1949
Reported in : AIR1950Mad438
..... to agree with the plaintiff's version and held that the lace in question was not of such value as to attract the operation of schedule ii of section 75, railways act. (his lordship after discussing the evidence proceeded:)6. another complaint of the learned counsel for the petitioner is that the lower court did not allow an ..... the railway company has not been proved.5. the last argument of the learned counsel is based upon an interpretation of section 75 as well as the second schedule of the indian railways act. according to section 75, when any articles mentioned in the second schedule are contained in any parcel or package delivered to a railway administration ..... , came to the conclusion that for a suit against a railway company for compensation for non-delivery of goods consigned for transit, time under article 31, limitation act (period of one year from date when the goods ought to have been delivered) begins to run from after the definite refusal or declaration of inability to deliver .....
Tag this Judgment!Court : Chennai
Decided on : Jan-21-1949
Reported in : (1949)1MLJ475
..... illustration. in that case, the othidar had inducted other persons as his tenants. the learned judge rules that they would not be tenants within the meaning of section 3(v) of the act and that they were liable to be evicted, because if the person from whom they held was not a tenant, the so-called sub-tenant would have ..... the security. the petitioner contends that the ' othidar' in the present case is a ' tenant' paying, rent within the first part of the definition in section 3(v) of the malabar tenancy act or at any rate an ' intermediary,' within the latter part of the definition and in either case, entitled to a stay of the proceedings for redemption which ..... common ground that they have transferred such possession to others. an intermediary is expressly included in the definition of a 'tenant' in clause (v) of section 3 of the malabar tenancy act... but it is contended by counsel for the respondent that a mere intermediary would of be a tenant but he should also be a person who had paid .....
Tag this Judgment!Court : Chennai
Decided on : Nov-21-1949
Reported in : AIR1950Mad785; (1950)IIMLJ21
..... judges held that so long as a partition had not been made at the instance of the widow in exercise of the right conferred on her under sub-section (3) to section 3 of the act, the status of the joint hindu family continues and the widow is capable of being represented in business transactions and in suits by the karta of the ..... and is liable to be attached by her husband's creditors. the learned judge points out that except for the restrictions on her powers by clause (3) of section 3 of the act, the widow takes the husband's interest subject to the rights and obligations to that interest and that interest was the interest of an undivied member of a joint ..... a suit on the note. the basis of his decision was that though the widow does not obtain the right given under the act by survivorship, she does not obtain her right by inheritance either. the effect of section 3 clause. (2) and (3), in the learned judge's opinion, may be regarded'as a survival of the husband's persona in .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-09-1949
Reported in : AIR1950All52
..... that the reasonable rent therefore came to an amount in the neighbourhood of rs. 133. he alleged that even this was an inadequate rent and brought a suit under section 6 of the act for fixation of the rent at the rate of rs. 200 a month. the suit was thus in effect a suit for enhancement on the ground that the ..... the defendant enhancing rent to rs. 200.2. the court below has fixed the rent at rs. 132-9-s per month, which is .the reasonable rent according to the act. thus the court below has come to a finding that the reasonable rent is neither inadequate nor excessive. the suit being one for enhancement of rent on the ground that ..... orderseth, j.1. this is a defendant's application arising out of a suit under section 5 (4), u. p. temporary control of rent and eviction act, iii [3] of 1947. the premises were let to the defendant bank by a registered lease some time in the year 1943 at a rent of rs. 100 per month. .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-09-1949
Reported in : AIR1950All167
..... the accused had no right of cross-examination, the evidence of mr. thorpe was considered to be inadmissible in evidence in the sessions court under the provisions of section 33, evidence act. a single judge's decision of this court undoubtedly is in support of the view that seems to have been taken by the learned sessions judge, vide laxmi ..... 8 luck. 185 : a. i. r. (19) 1932 oudh 298 : (34 cr. l. j. 58). the judges constituting the bench were divided in opinion.35. section 33, evidence act runs as follows: section 33. 'evidence given by the witness in a judicial proceeding, or before any person authorised by law to take it, is relevant for the purpose of proving, in ..... accused did exercise that right, he must be deemed to have had both the right and the opportunity to cross-examine the witnesses. in our opinion, therefore, section 33, evidence act was fully applicable to the statement of mr. thorpe and it should have been brought on the record and placed before the jury.41. since the evidence .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-18-1949
Reported in : AIR1952All633
..... alienate or charge the produce of such land otherwise than in accordance with the provisions of this act.'section 2, sub-section (9) runs as under:''permanent alienation' means a transfer by sale, exchange, or gift but does not include a transfer by gift for a charitable purpose or ..... invalid with respect to the fixed-rate tenancy, the decree of the lower appellate court is incorrect inasmuch as it has overlooked the provisions of section 25 of the act.3. section 12 of the said act reads as follows:'no proprietor shall mortgage or lease or make a permanent alienation of the whole or any part of his protected land or ..... the argument, on behalf of the applts. before me, is two-fold. in the first place, it has been urged that in view of section 2, sub-section (9) of u. p. act no. xiv [14] of 1940, section 12 would not apply to this deed of gift & therefore, the gift of fixed rate tenancy was also valid. in the alternative, it has .....
Tag this Judgment!Court : Orissa
Decided on : Dec-13-1949
Reported in : AIR1950Ori207
..... right to claim compensation in a case where death is actually caused because the applicability of clause (b) of the proviso to sub-section (i) of section 3, workmen's compensation act is limited to those cases where injury has not resulted in death. where however the injury has resulted in death the question about ..... accordance with the provisions of this chapter.'5. the learned district magistrate has obviously committed an illegality in construing the expression 'accident' occurring in section 3, workmen's compensation act. doubtless that expression has nowhere been defined but it seems to be well settled that the expression 'accident' generally means some unexpected event happening ..... the purpose of securing the safety of the workman within the meaning of proviso (b) (ii) of sub-section (i) of section 3, workmen's compensation act. this argument, however, cannot prevail as this sub-section applies only to cases of injuries not resulting in death. it was next contended that the driver of a .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-27-1949
Reported in : AIR1950Raj10
..... by him on matters other than those which were put to him, was unreliable. in a way, there is some force in this contention. according to section 145, evidence act, if it is intended to contradict a witness, he must be cross examined as to the previous statements in writing and his attention must be drawn to ..... explain the inconsistency between the statement in court and the previous statement. even where this course is followed, the previous statement unless relevant under some section of the chap 2, evidence act, is not substantive evidence and is admissible only for the purpose of impeaching the credit of the witness. from the trend of the cross examination ..... convicted and sentenced him to three years rigorous imprisonment. two other persons were also tried by the learned sessions judge, namely, parmanand bharti under section 323, penal code and ganpat bharti under section 339, penal code, but both of them have been acquitted and in this appeal, we are not concerned with them.2. this case .....
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