Court : Allahabad
Decided on : Nov-16-1949
Reported in : AIR1950All369
..... be considered by a bench of two judges.2. the applicants are on their trial for an offence under section 5, explosive substances act. during the course of the trial, was tendered in evidence a report from the inspector of explosives. it was received in evidence and exhibited without any objection on the part of the defence, the result ..... was fixed as the date for the delivery of the judgment in the case. on 2nd august 1949, the assistant government pleader applied that the inspector of explosives be examined under section 540, criminal p. c, for the purpose of formally proving his report. the object of this application was, therefore, clearly to meet a technical objection ..... that the trial was closed when this order was made, and, therefore, the court had no jurisdiction to summon the inspector of explosives as a witness under section 640, criminal p. c. at that stage.4. section 540, criminal p. c., reads as follows:'any court may, at any stage of any enquiry, trial or other proceeding under .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-25-1949
Reported in : AIR1952All433
..... re veerdiah a. i. r. (36) 1949 mad.22 emphasis was laid on the duty of the court ofconsidering the evidence against each of theaccused separately in a case under section 147, penalcode, and giving a definite finding regarding thepersons and part played by each. in mohammadhussain v. emperor a.i.r. (32) 1945 nag. 116) thehigh court set aside the ..... abu turab protested andthat zaigham ali khan assumed the aggressiveand attacked him. so there was a fight betweenthe party of zaigham ali khan and that of abuturab and the latter acted in self-defence.4. the judgment of the learned sessions judgecovers three and a half pages. more than threepages are devoted to a statement of the case ofthe prosecution and ..... orderdesai, j. 1. the applicants were prosecuted alongwith abu turab under sections 147 325 and 323, penalcode. the trial court, s. d. m. sultanpur, convictedthe applicants and acquitted abu turab. theyappealed against that decision to the sessionsjudge of fyzabad who refused to .....
Tag this Judgment!Court : Chennai
Decided on : Jul-22-1949
Reported in : AIR1950Mad140
..... as claimed in the plaint but that defendant 6 was only living with his daughter to manage her estate and he had no intention, nor did he, by any overt act, agree to renounce his share. the learned subordinate judge also considered the same evidence in sufficient particularity of detail. in para. 13 of his judgment, he considers the evidentiary value .....
Tag this Judgment!Court : Chennai
Decided on : Aug-11-1949
Reported in : AIR1950Mad151
..... of the country as they have evolved at the time courts are called upon to interpret it. it would not be stretching the language of section 100 far to hold that the framers of the act visualised a time in the future when the customs and manners of the country would so change that they could not be regarded as in any ..... which no court has power to refuse and applies to parties as well as to witnesses. that decision went to the length of holding that the words 'personal appearance' under section 132 meant personal attendance in court. the same view has been taken by cammainde and ghose jj. in rahimanessa bibi v. s.k. halim : air1928cal814 . there is no bench ..... the privilege she is entitled to.' the ground on which the privilege was sought to be taken away was the fact that the hindu lady had appeared in court in 1884, where she was examined in a palki as a result of which she was outcasted. stanley j. expressed himself averse to granting commissions for the examination of witnesses not .....
Tag this Judgment!Court : Chennai
Decided on : Aug-04-1949
Reported in : AIR1950Mad222
..... pasture lands must be considered to be lands used solely 'for agricultural purposes' within the meaning of section 63, madras district municipalities act of 1884 as amended in 1897 which was then in force. the language of section 81 (4) of the act is similar and applies to land used 'exclusive for agricultural purposes.' if a piece of urban vacant ..... : a. i. r. 1924 p. c. 247, it was held that a mango tope was not land used for agricultural purposes within the meaning of section 79, agra tenancy act, 1901. 'agriculture' in its ordinary and primary sense implies the tillage or cultivation of the soil by human effort with or without the aid of animal or ..... limits of the municipality. the defendants, here respondents, resist the claim on the grounds that they should: have been assessed to property tax under section 81 (i) of the act and not under section 81 (3) and they should have been separately and individually assessed on the share of the property held by each of them. their contentions .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-14-1949
Reported in : AIR1950Bom227; (1950)52BOMLR138
..... on their lands having no compound wall, rule 85, bombay land revenue rules, 1921, can have no operation and therefore the only governing statutory provision was contained in section 48, sub-sections (1) and (2), bombay land revenue code, 1879, under which the liability of the occupant must be limited to the area actually built upon.6. the ..... actually built upon is liable for non-agricultural assessment seems to be unjustified on the words of section 48, land revenue code. sub-section (1) of section 48, land revenue code, provides :'the land revenue leviable on any land under the provisions of the act shall be assessed, or shall be deemed to 'have been assessed, as the case may be ..... , with reference to the use of land (a) for the purpose of agriculture, (b) for the purpose of building, and (c) for a purpose other than agriculture or building.'now this section imposes a liability and .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-10-1949
Reported in : AIR1950All312
..... has not been closed.' 8. i have also been referred to the report of the select committee in connection with the criminal procedure code amendment act, 1982, (xxi of 1932) by which sub-section (8) of section 526, criminal p. c., was amended. in that report the committee observed :'we think that provision should be made for compulsory adjournment ..... before the arguments begin' but have reference to the stage when the defence evidence has been concluded. however, whatever interpretation may be given to sub-section (8) of section 526, criminal p. c., it would be quite unreasonable for anyone to suspect that the action of the learned magistrate in not adjourning the case on ..... disposed of, however, indicates that he had no desire to prejudice him in any way.7. the question whether an application for adjournment under sub-section (8) of section 526, criminal p. c., is entertainable after the defence witnesses have been examined and before the close of the arguments was considered in a patna case .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-30-1949
Reported in : AIR1952All618
..... who was primarily liable. here the legal representative becomes the j. d., because the decree was actually passed against him. so he is described as j. d., in sub-section (2), in section 50(2) the legal representative of a deceased j. d., is described as legal representative & not as j. d.4. the word 'j. d.' is used very frequently in ..... moving of the application also but since they would merge in the application for execution itself it is not necessary to consider them for the purposes of article 182, limitation act. only those fate is which are to be taken prior to the presentation of an application for execution & which will advance the execution, are steps-in-aid within the meaning ..... . d.; for instance, rules 2, 26, 42, 43, 46, 54, 60, 61, 66, 68, 79, etc. some of these rules require some act to be compulsorily done by the court in relation to the j. d.; as the act must be done, it must be done in relation to his legal representative when he is dead. in other words, the word 'judgment .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-19-1949
Reported in : AIR1950Raj4
..... by the lower court. the former gives 6 years limitation from the date of cause of action which in this case is said to be kartik sad 13 section 1996. 3. in order to appreciate the arguments, the consideration of the two articles, and article 48, which is connected with succeeding article, is necessary. ..... articles 48, 49 and 65, marwar limitation act, 1927, are as follows :article no.description of suits.period of limition.time from which period begine to run.48for specific movable property lost or acquired by theft ..... amount to wrongful detention of the same within the meaning of article 19, and that wrongful detention should involve some sort of conversion or dishonest intention in the act. this argument confuses article 49 with article 48. where dishonest, misappropriation or conversion is involved, article 48 is applicable in which a different starting point of .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-25-1949
Reported in : AIR1951Raj108
..... prescribed by law is entirely a question of law. no revn lies on a mere mistake of law. it lies only when as has been said above the lower ct acts illegally or with material irregularity in exercise of its jurisdiction. this has been so held in a recent ruling of their lorships of the p. c. reported in 'venkatagiri ayyangar ..... along with the appeal.9. in view of the above rulings it cannot be said that the lower ct either exercised a jurisdiction not vested in it by law or acted illegally or with material irregularity in the exercise of its jurisdiction. even if it be granted that the order of the lower ct was bad in law, the mere fact .....
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