Court : Punjab and Haryana
Decided on : May-03-1949
Reported in : 1950CriLJ174
..... parsinni, the conviction and sentence of mehnga singh under section 307, penal code, for the attempted murder of parsinni, p.w. 2, are, therefore, maintained with the order that the sentence of rigorous imprisonment for four years under ..... i do, that mehnga singh conviot commitlied the murder of dipo in a moment of extreme excitement and in a fit of rage, i, while maintaining his conviction under section 302, penal code, hold that the lesser sentence of transportation for life is the appropriate sentence in this case.15. again, mehnga singh has been convicted under ..... section 307, penal code, for the attempted murder of parsiuni, p.w. 2. as stated above, mehnga singh admitted at the trial that be inflicted injuries on the person of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-01-1949
Reported in : AIR1950P& H167; 1950CriLJ884
..... be sufficient to make him a public servant.4. the learned advocate-general also submitted that a person who is expecting to be a public servant will be covered by section 161. of that again there is no proof nor a finding to the effect that the petitioner was a person who was expecting to be a public servant.5. in ..... orderkapur, j.1. this was a rule directed against an order passed by a learned magistrate of karnal whereby he convicted harbilas, petitioner, for an offence under section 161, penal code, and sentenced him to rigorous imprisonment for six months and a fine of b3. 300. the petitioner went up in appeal to the sessions judge, karnal, who .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-30-1949
Reported in : AIR1950P& H172; 1950CriLJ888
..... kind at the instance of the jamiat-ul-ulema or any other body. but the question still remains whether this detention order has been lawfully made under section 3 of the act.8. section 3 (1) deals with power to arrest and detain suspected persons and it says:the provincial government, the district magistrate...if satisfied with regard to ..... of enmity or hatred between different classes of his majesty's subjects.'10. in this respect the action of the executive certainly is dehors the object of section 3 of the act and it could not legally be used for the purpose for which it has been used. in my opinion, therefore, the detention of saifi kashmiri is ..... , according to him, were objectionable from 'communal point of view,' then it was open to him to take action against saifi under section 153a, penal code or under section 108, criminal p.c. the act is not intended to suspend the ordinary criminal tribunals o the land or prevent them from exercising their ordinary jurisdiction. see bajirao v. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-29-1949
Reported in : 1950CriLJ908
..... witness box and i should think he is in fact pretending to be dumb.on the facts stated by the committing magistrate, the case does not come within section 841, criminal p.c. section 341 reads:if the accused though not insane, cannot be mode to understand the proceedings, the court may proceed with the enquiry or trial; and, in ..... hard of hearing but that be is intelligent enough to understand the nature of the proceedings against him.4. how, in forwarding the proceedings to the high court under section 341 the court below is re- quired to make a report of the circumstances of the case and to record a finding as to whether the accused can understand ..... 16th and 17th march 1949. in the court of commitment evidence was examined between 14th may 1949 and 7th september 1949. on l1th september 1949 maru accused was examined under section 842, criminal p.c. by his order dated 12th september 1919, the committing magistrate found 'considering the case on the whole, it is quite apparent to me that a .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-29-1949
Reported in : AIR1950P& H209; 1950CriLJ1005
..... sons came and they had a right to defend their father from attack by three persons who -were at him. therefore, they cannot be held guilty of an offence under section 803.4. from the evidence it is not possible to know as to who had the sharp edged weapon with which injuries on the deceased were caused. two persons are ..... at in the case ia that the three appellants were guilty of causing simple injuries.6. the next question is whether they are guilty under section 323, penal code or section 324. they would be guilty under section 323u hurt is caused by means ... of any instrument which, used as a weapon of offence, is likely to cause death....a lathi has been ..... kehr singh was arrested the next day, that is, 3rd of july. they were put up for trial before the sessions judge of feroze. pore who has convicted them under section 305, read with section 81, for the murder of kartar singh and sentenced them to transportation for life. he also sentenced them to two years' rigorous imprisonment under .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-05-1949
Reported in : 1950CriLJ1316
soni, j.1. five persona, tehl chand ran-dhawa, bharat bhushan, (miss) amla boy, (miss) janak and durlab singh were detained in delhi jail under the punjab public safety act. they put in applications for writs of habeas corpus addressed to this court and delivered them to the jailor, delhi. the jailor on his pact forwarded these applications to the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-01-1949
Reported in : AIR1950P& H268; 1950CriLJ1326
..... rejected the same. in the lahore ease in the column of description of offence the only thing mentioned was '5 i. m. v. act' which presumably meant section 6, motor vehicles act. that section, however, creates four distinct offences and it was not at all clear which of those four offences the accused was charged with. in the ..... province of east punjab to the province of delhi in contravention of the foodgrains (movement control) order, 1946, and thereby having committed an offence under section 7, essential supplies (temporary powers) act (act xxiv [24] of 1946). each of the petitioners was tried summarily under chap. xxh, criminal p.c. and was convicted by the trying ..... export, if not of the offence of actual exporting.4. the third point urged in support of these petitions was that the provisions of section 11, essential supplies (temporary powers) act had not been complied with in that there was no report by a public servant. this point apparently has been raised under a misapprehension, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jun-06-1949
Reported in : AIR1949P& H370
..... of the capital of companies as well as questions of wide public importance in which the subject-matter in dispute cannot be reduced into actual terms of money. sub-section (c) of section 109, civil p.c., contemplates that such a state of things exists, and, rule 3 of order 45, regulates the procedure.8. again in udoy ghand parma lal ..... sons, limited, refused to accept them. correspondence ensued between messrs. jallan and sons, limited, on the one side and the railway on the other side resulting in a notice under section 80, civil p.c. by messrs. jallan and sons, limited, delhi, upon the appropriate railway authority. the suit out of which the present proceedings have arisen was instituted on 80th ..... harnam singh, j.1. this is an application under order 45, rule 2, civil p.c., as amended by federal court (enlargement of jurisdiction act, 1948, for a certificate for leave to appeal to the federal court of india from an order passed by a division bench of this court in regular first appeal no. .....
Tag this Judgment!Court : Chennai
Decided on : Aug-26-1949
Reported in : (1949)2MLJ789
..... the parties to an industrial dispute the government if satisfied that the persons applying represent the majority of each party shall make the reference accordingly.. section'33 of the act protects a workman from discharge, dismissal or punishment during the pendency of proceedings before a tribunal except for misconduct not connected with the dispute. the ..... of a bill do not coincide with the enactment when finally passed. 16. some assistance was sought by learned counsel from the provisions of section 10(2) of the act which provides that when the parties to a dispute apply for a reference, the government must be satisfied that the persons applying represented the ..... to apply its milld to the relevant material placed before it before deciding that an industrial dispute exists or is apprehended and making an order under section 10(1) of the act. with great respect i agree with the following observations of the learned judges who decided the case in ramayya pantulu v. kutty and rao (engineer .....
Tag this Judgment!Court : Chennai
Decided on : Jan-21-1949
Reported in : (1949)1MLJ231
..... in this appeal is whether a general notification of this kind without specification of either the disputes or the firms in which disputes have arisen, is competent under section 7 of act xiv of 1947. subba rao, j., held that it was not competent and that the tribunal had no jurisdiction to enquire into disputes brought before it by ..... tribunal as the case may be, to make enquiries in accordance with the terms of reference and in accordance with the provisions of the act and the rules framed thereunder. under section 11(3) every board, court, and tribunal has the same powers as are vested in civil courts under the civil procedure code; and every enquiry or ..... with regard to disputes arising in engineering firms and type foundries; but the question immediately before us is whether it is equally valid under section 10(1) of the act.3. the general purpose of the act is to settle disputes which have arisen or are apprehended. it is the duty of the board, or court of enquiry, or .....
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