Court : Punjab and Haryana
Decided on : Jan-08-1949
Reported in : 1950CriLJ167
..... 82. : 44 cr.l.j. 337 to the facts of this case i find that the present case does not come within mischief of section 399, penal code, no evidence of any conspiracy to commit dacoity has been examined. there is no evidence in this case that any one ..... the intention and for the purpose of forwarding that design may justify the court in holding that there has been preparation within the meaning of the section.varma j. concurred with the opinion expressed by rowland j.8. now, applying the rule laid down in jain lai v. emperor a.i ..... passed and that of attempt has reached. but it is an offence under section 399 to make any preparation for committing dacoity. no hard and fast rule can be laid down that any particular act or any particular kind of steps are necessary to constitute 'preparation'. the essential ..... harnam singh, j1. the six appellants in this case have been convicted under section 399, penal code and sentenced to undergo five years' rigorous imprisonment each.2. the prosecution case is .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-28-1949
Reported in : AIR1950P& H155; 1950CriLJ736
..... on 22nd july 1949 and a process was issued to the three accused persons. on 10th august 1949, mr. ishwar dass khanna, advocate, filed an application under section 205, sub-section (1), criminal p.c. praying for exemption from personal attendance in court of all the three accused. on that occasion, h. p. bhattacharjee, accused 3 was ..... the dispute and passed an order without carefully considering the matter.5. on 23rd august 1949, a petition was filed in this court for quashing of proceedings under section 5614, criminal p.c. i have heard the learned advocate for the three petitioners, who are officers holding various officers in the sentinel assurance company ltd. after ..... have said before, the complaint does not disclose the commission of any offence and i would like to add that in cases of this kind criminal courts should act with the greatest amount of care and caution because unless they are very careful, process of criminal courts is likely to be abused and many respectable persons may .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-11-1949
Reported in : 1949CriLJ565
..... and the matter remanded to the learned judge so that, if he thought it necessary to proceed further with the matter, he might take the steps which are prescribed in section 514, criminal p. c.8. the point raised by mr. sethi receives full support from the authority cited above, with which i respectfully agree.9. for the reasons ..... applied for bail and on act september 1947, he was released on bail of rupees ten thousand with one surety of the same amount. deva singh son of sundar singh, jat of village usman. tabsil ..... murder of hazarasingh in the court of the additional sessions judge, amritsar. the case was to be tried as a summons case under the provisions of the punjab public safety act, 1947, and after the examination of sohan singh accused on 25th august 1947, the case was adjourned for trial to 3rd october 1947.3. in the meanwhile, sohan singh .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-04-1949
Reported in : 1951CriLJ930
..... taken any precaution or used the slightest circumspection with regard to the safety of others. they were found guilty under section 304a, because the death of the deceased was directly due to what they held to be a criminally negligent act on the part of both of the accused:it is difficult to see', said the learned judges, 'how a ..... might have been avoided by the exercise of reasonable care; thus a negligent act or omission is willed, because the person responsible does not will to prevent the commission or omission.6. if it was necessary to hold i would hold that ram rup, in the words of section 107, expl. 2 read with ss. 336 and 279 prior to ..... person can 'abet' the 'negligence' of another without himself being equally 'negligent' within the meaning of the section, having regard to the definition of 'negligence' above quoted.the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-08-1949
Reported in : AIR1949P& H400
..... is, however, quite clear from the code of civil procedure that in the case of a civil suit it is contemplated that the judgment and decree should be quite distinct. section 33 of the code lays down that the court after a case has been heard shall pronounce judgment and on such judgment the decree shall follow. again, order 20, rule .....
Tag this Judgment!Court : Chennai
Decided on : Apr-05-1949
Reported in : (1949)2MLJ61
..... of the g. o. were otherwise, we think that merely because the commissioner of police is authorised by the provincial government by virtue of section 15 of the act to exercise the power under section 2(1), the provincial government is not deprived of that power. the decision of the court of appeal in blackpool corporation v. locker ..... 1949. the matter does not seem to have received the attention of the advisory council, and the government has not yet passed final orders under section 3(5) of the act.2. the grounds of detention of the applicants in all the cases are substantially the same. the learned advocate for the applicants contended that his ..... discharged by any officer or authority subordinate to the provincial government. one of the powers exercisable by the provincial government under the act is the power to pass an order of detention under section 2(1) of the act. g.o. no. ms. 907, dated 21st march, 1947, empowered the district magistrates and commissioner of police, madras, .....
Tag this Judgment!Court : Chennai
Decided on : Mar-14-1949
Reported in : (1949)2MLJ171
..... a de jure trustee of a public religious endowment can be removed only for misconduct and that only in a suit instituted with the sanction prescribed by section 92, civil procedure code or section 73 of madras act ii of 1927. where, however, there is-only, a de facto trustee functioning as such, it is open to persons interested in the trust to ..... with a view to protect the interests of religious endowments as well as the rights of persons dealing with shebaits or managers, the indian legislature has amended section 10 of the limitation act by providing that managers of property comprised in a hindu religious endowment are deemed to be express, trustees thereof and has also enacted article 134-a to ..... of the trust. i do not think that a trustee de son tort in relation to the trust property can be regarded as a constructive trustee under section 94 of the trusts act. in this country, the position of a person, who, in england, would be described as a trustee de son tort is that of an express .....
Tag this Judgment!Court : Chennai
Decided on : Mar-04-1949
Reported in : (1949)2MLJ268
..... . the fourth defendant and his mother filed o.p. no. 50 of 1941 in the court of the additional district munsif, tellicheny, under section 5 sub-section 2 of the madras moppilla marumakkathayam act xvii of 1939 (see exhibit d-14). paragraph 4 of the said petition states that the petitioners are quite prepared to file a suit for ..... 15. this appeal raises an important question of law. the suit was one for partition by 15 out of 20 members of a moppilla marumakkathayam tarwad. section 13 of the madras act xvii of 1939 confers a right on any indi vidual member of a tarwad to claim to take his or her share of the properties of the ..... the parties being mopplas governed by the marumakkattayam law and the right to claim partition is governed by the mappilla marumakkattayam act, 1938 (madras act xvii of 1939). with reference to the division of tarwad house, section 16 of that act provides:in a partition of tarwad properties, unless two-thirds of the members of the tarwad desire to the contrary, .....
Tag this Judgment!Court : Privy Council
Decided on : Jul-18-1949
Reported in : AIR1949PC319
..... determination in this appeal is, whether the appellants representing the other branch of the mortgagor family are also entitled to relief as agriculturists. [3] section 3, sub-s. (2) of the act defines agriculturist as meaning a person who (a) "has a saleable interest in any agricultural or horticultural land in the province of madras, not ..... free of tax under a grant made, confirmed or recognised by government"; the other clauses of the definition are not relevant, but there are four provisos to this section which restrict the class of agriculturists. provisos "c" and "d" are relevant and are in the following terms: - provided that a person shall not be ..... 1937, been assessed to property or house tax in respect of buildings or lands other than agricultural lands, under the madras district municipalities act, 1920, the madras city municipal act, 1919, the cantonments act, 1924, or any law governing municipal or local bodies in any other province in british india or any indian state, or under .....
Tag this Judgment!Court : Privy Council
Decided on : Feb-17-1949
Reported in : AIR1949PC257
..... confession of trinath as sufficient corroboration of the evidence of the approver. this involves consideration of the position of the confession of a co-accused under indian law. section 30, evidence act, enacts : "when more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some ..... , however, provides that the court may take the confession into consideration and thereby, no doubt, makes it evidence on which the court may act; but the section does not say that the confession is to amount to proof. clearly there must be other evidence. the confession is only one element in the consideration of ..... evidence given in the sessions court. some discussion took place in the high court as to whether under s.157, evidence act the court could use the statement made by the approver under s. 164, criminal p. c. section 157 is in these terms : "in order to corroborate the testimony of a witness, any former statement made by such .....
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