Court : Privy Council
Decided on : Jan-13-1949
Reported in : AIR1949PC172
..... right. it was, however, contended that - apart altogether from what he considered as sufficient corroboration of the commission of murder to satisfy the requirements of the section - he had, in applying the rule of practice, found corroboration where none existed. what he looked upon as corroboration for this purpose appears from the following ..... of importance in the administration of criminal justice in the territory. 15the first of these relates to the cautionary rule of english practice emphasising the dangers of acting on accomplice evidence (be it that of one or more accomplices) which is uncorroborated in some material respect implicating the accused. it was not suggested ..... standing alone and unconfirmed in any material respect by other evidence. this question is not concerned with any rule of practice based on the dangers of acting upon the testimony of accomplices. the power to convict is clearly limited by s. 231 and the present issue necessarily turns upon its true construction as .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-07-1949
Reported in : (1949)51BOMLR529
..... to be registered as a receiver in respect of these shares to which the defendant reddy was entitled, very serious difficulties came in his way, because under section 33 of the indian companies act, the company was not bound to take notice of any trust, express, implied or constructive, and if the company registered b.k. desai, receiver, as ..... in more than one application, we refuse to countenance the suggestion that the company could by any letter of its restrict the statutory right given to the shareholders under section 105c to apply for all the shares allowed to him till the time limit stated in the notice had expired. therefore, in my opinion, reddy had the ..... a new issue of shares is to be determined by a true interpretation of section 105-c of the indian companies act. this is a new section which has been introduced into our act, and there is no parallel to be found in the english companies act. section 105-c makes it incumbent upon the directors when they decide upon increasing the .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-11-1949
Reported in : (1949)51BOMLR635
..... above, is valid, no need arises for considering the further question whether the view of the trial court that the proceedings were validly commenced under act i of 1865, under section 2 of the act of 1879, were carried over as 'pending' to be completed under the code (as they were completed by assessments in 1886) is right.52 ..... it.' the acceptance by government would include the required authorization by the government.48. as regards the sanctions, their lordships think that rule 89 read with section 102 of the act would require notification of the sanction in the gazette only in cases where the assessment has been fixed for a term of years. in. cases like the ..... the provisions of chapter viii to their villages was made to the government, and that the governor in council authorised such extension; and that sanction under section 102 of the act was granted and was notified as required by the rules. these the plaintiffs have failed to prove by direct evidence. it is true that the government .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-31-1949
Reported in : AIR1950Bom55
..... v. golap bhagat 40 cal. 721: 19 i.c. 273 . the learned judge states at p. 771 that 'the theory of relinquishment is foreshadowed in the dayabhaga, chap. xi, section 1, para. 59, where jimutavahana laid down that the persons who would be the next heirs on failure of prior claimants, succeed to the residue of the estate remaining after ..... by a limited owner. and krishnan j. further points out that surrenders are effected for the purpose of defeating alienees, and because of this till the surrenderer dies, her acts could not be questioned by the surrenderee, and that according to the learned judge seems to be a just and equitable rule. if that is so, why not impose ..... or, to put it in other words, the widow constitutes an impediment or obstruction between the last full owner and the next full owner, and she by a voluntary act of hers removes that impediment by surrendering the whole of the estate which has come to her from her husband. the next decision of the privy council is rangasami gounden .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-09-1949
Reported in : AIR1950P& H23; 1950CriLJ412
..... been called for the prosecution ; (2) the person who uses it is the accused; (3) the statement is used for the purpose of contradicting such witness under section 146, evidence act; (4) the statement of the witness in question must have been reduced into writing; and (6) the written statement must be proved. if the above conditions are ..... police in the course of the investigation cannot be proved even though the person who made the statement is dead, unless the statement comes within section 32, clause (1), evidence act.9. now, section 162, criminal p.c. provides that the police statement of a witness who has been called for the prosecution can be used by the accused ..... p, w. 2, and dalip singh, p.w. 8, have been used by the prosecution for the purpose of corroborating rawat singh and dalip bingb. under section 157, evidence act. this is not permissible in law.10. as stated above the contention raised by the learned counsel for the appellant is that no reliance can be placed upon .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-22-1949
Reported in : AIR1950P& H222; 1950CriLJ1237
..... this order is signed by the home secretary to the east punjab government, mr. m. b. bhide. on 16th june 1949, under the provisions of sub-section (s) of section 3 of the act grounds on which the order of detention had been made were served on the petitioner. they were in the following words: 'you have taken part in subversive ..... n. b. sahney. on 10th june 1949, the superintendent of polios passed an order in which he stated that the petitioner had been arrested under sub-section (1) of section 3 of the act under his directions and that he had directed that har tirath singh be committed to sub-jail, hoshiarpur, until 7tb july 1949 and should be classified as ..... indefinite but amounts to no information at all, and in my judgment the detaining authorities have not complied with all the provisions of the law as contained in section 3 of the act.14. i am, therefore, of the opinion that the continued detention of the petitioner is illegal and improper, and i would therefore allow the petition and .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-31-1949
Reported in : AIR1949P& H391
..... by long practice and confirmed by a series of decisions that a hindu widow can renounce the estate in favour of the nearest reversioner, and by a voluntary act efface herself from the succession as effectively as if she had then died. this voluntary self-effacement is sometimes referred to as a surrender, sometimes as a relinquishment ..... to jai narain, defendant 2, was without consideration and valid necessity and was not binding on the reversioners; that moti ram, the nearest reversioner, had by his acts disentitled himself from bringing a suit and that accordingly the plain, tiff as a remote reversioner had filed the suit. the relief prayed for is a declaration that the ..... did not pursue that matter any further.4. in the meantime on 4th october 1941i sagar mal, another brother of gopal sahai, applied under the guardians and wards act to the court of the senior sub-judge of rohtak for getting himself appointed guardian of the persons and properties of both moti ram and bhup singh. godawari .....
Tag this Judgment!Court : Kerala
Decided on : Aug-26-1949
Reported in : AIR1950Ker41; 1950CriLJ988
..... limitation of that course is that we are practically left with ex. ad l and the testimony of p. wb. 3 and 7. exhibit ad-1 becomes admissible under section 89 (1), evidence act, as the state. ment of a person, since deceased, relating to the circumstances of the transaction which resulted in his death : see azimaddy v. emperor 38 cri. l ..... section 299, clause 3, it is not known how the learned ..... become quite clear that accused 1 la guilty under section 299, clause 3, and accused 5 as an abettor under that section read with section 99, t. p. 0. i convict accused 1 under section 803, fait 2, and accused 5 under that section read with section 89, t. p.c.if it was clear that the act of accused l fell within the mis chief of .....
Tag this Judgment!Court : Chennai
Decided on : Oct-28-1949
Reported in : AIR1950Mad379
..... respondent in an appeal cannot reopen, by a cross-appeal, a decision which has been passed between him and another co-respondent. at first sight the terms of the law. section 348, act viii (8) of 1859, are wide enough to permit a respondent in an appeal to take any objection to the decision of the first court, as if he had ..... -appeal on the ground that no written memorandum had been filed.7. in 1877 the code of 1859 was replaced by another, act x [10] of 1877. the section corresponding to section 348 of the code of 1859 was section 561, which ran thus:'any respondent though he may not have appealed against any part of the decree may upon the hearing not ..... his pleader, and, if it had been allowed to stand, might possibly have formed a good ground for adopting the narrower construction of the section. but it was not allowed to stand. it was repelled by act xii (12) of 1879, which substituted the following clause 'provided he has filed a notice of such objection not less than seven days before .....
Tag this Judgment!Court : Chennai
Decided on : Jan-06-1949
Reported in : (1949)1MLJ412
..... court of small causes and would give this court no jurisdiction to entertain a suit by the defeated party; for such a suit would be barred by section 12(4) of the act.10. both for the reason that notice to quit was not necessary and for the reason that even if it was, this court would not have ..... judge thought, strengthened his argument was narayana nair v. kunhan mannadiar : (1947)2mlj559 . in that case the learned judges were interpreting section 14 of the malabar tenancy act, which is very similar to section 7(1) of act xv of 1946, but differs from it in three respects, (a) that the case related to a suit and not to an ..... . we shall therefore confine ourselves to a consideration of the narrower question formulated by the learned trial judge : ' does section 7 of act xv of 1946 by necessary implication abrogate or repeal section 111(h) of the transfer of property act? ' perhaps the more pertinent question would be :' can an application for eviction be made to the rent controller before .....
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