Court : Punjab and Haryana
Decided on : Mar-24-1949
Reported in : 1949CriLJ834
..... with section 302 of the code ..... b. 19 (c), arms act cr in the alternative under section 114, penal code read with section 19(c), arms act,, under section 19 (f), arum act, under section 5, explosive substances act cr in the alternative under section 5, explosive substances act read with section 6 of the act, under section 4(b), explosive substances act read with section 6 of the act, under b. 6, explosive sub-stances act read with section 6 of the act, under section 115, penal code read .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-12-1949
Reported in : AIR1950P& H25; 1950CriLJ459
..... or the accused, has any 'right in any particular form of procedure within the meaning of the word used in b. 6 (e) of the central act and section 4 (e), punjab act. three cases have been cited which actually relate to sessions oases. the first of these, which was cited by the learned advocate general, is srinivasachari v. ..... or enforced, and any suoh penalty, forfeiture or punishment may be imposed as if the -repealing aot or eegulation bad not been passed.the opening words of section 4, punjab general clauses act, i [l] of 1898, are:where this aot or any punjab aot repeals any enatitment then, unless a different intention appears, the tepeal shall notand ..... october 1948 notification no. 7146 h dated 22nd october had appeared to the following effect :in exeroise o the powers oonferred by el. (b) of section 2, punjab publio safety act, 1947, and all other powers enabling him in this behalf, the governor of east punjab is hereby pleased to cancel the following notifications.then follow3 a .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-25-1949
Reported in : AIR1949P& H359
..... . it will suffice to quote only the observations of lord alverstone, c.j. in in re worsley `, which was a case under the english bankruptcy act, 3883, section 4, sub-section (1)(d). at p. 314 the learned chief justice said:in my opinion, when you find a shop is shut up, no address left, and ..... was raised only for the purpose of enabling the debtors to avail themselves of the benefit of section 25, provincial insolvency act. section 6 enumerates the acts of insolvency. section 7 provides thatsubject to the conditions specified in this act if a debtor commits an act of insolvency, an insolvency petition may be presented either by a creditor or by the debtor ..... . 3(c)(i) and accordingly made an adjudication order against both the debtors, jagan nath and piarey lai. jagan nath alone preferred an appeal under section 75, provincial insolvency act, before the district judge, delhi, who, in agreement with the insolvency judge upheld the latter's order and dismissed the appeal. jagan nath has now .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-22-1949
Reported in : AIR1950P& H162; 1950CriLJ599
..... and without any official order or notification in this behalf, become the advisory tribunal for the setting up of which express provision was made in sub-section (4) of section 3 in the act of 1949, which came into force on 29th march 1949. i find it difficult to understand how a body thus gratuitously constituted to deal with ..... district and sessions judges, s. b. sardar eartar singh and dewan siri bam puri, was set up to review the oases of persons detained under section 8, punjab public safety act of 1917. the order also contains particulars regarding the remuneration and travelling allowance of the members of the advisory committee and an announcement that the committee ..... 6 of the affidavit repeats the substance of the earlier affidavit. however, in a case where a-man is arrested and ordered to be detained under section 8 of the act after having been originally arrested on a specific charge which has either collapsed or been withdrawn, as in the present case, there must always remain a .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-29-1949
Reported in : [1950]18ITR951(P& H)
..... that the words' according to the usage and practice of the country or the law for the time being in force' in sub-section (2) of section 106 which qualified the words 'any act ordered or done in the collection of revenue' does not empower the court to examine the circumstances of a case in order to ascertain ..... a civil prison, and as this had not been done the order of the collector was unsustainable in law. but because of the provisions of section 226 of the constitution act the application under section 491 of the criminal procedure code was not maintainable because (a) the high court was exercising original jurisdiction, (b) in ordering the arrest of the assessee ..... decree or order made in exercise of original jurisdiction. that orders in company matters do not differ in substance from decrees in suits, is shown by section 199 of the companies act providing that such orders shall be enforced in the same manner in which decrees in the suits may be enforced. the present order of the high .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-02-1949
Reported in : AIR1950P& H53; 1950CriLJ480
..... to bail for treason nor shall such person be admitted to bail except by order of his majesty's secretaries of state.in the criminal appeals act of 1907, (7 edw. vii, chap. 23, section 14(2)) similar words have been used:the court of appeal may, if it thinks fit, on the application of an appellant, admit the ..... the two petitioners were partners of a firm known as the national iron & steel works and that they had been guilty of offences punishable under sections 7 and 10 of the above mentioned act by (1) selling six black sheets of iron to one prem nath. the memorandum signed by prem nath showed that spades and not sheets had ..... the expression 'admit to bail' has been employed in a similar sense, e. g., by b. 5, sub-section (2), coroners act, 1887, coroners may 'admit to bail persons charged with manslaughter,' and by the municipal corporations act, 1882, section 227, a borough constable 'may admit to bail persons charged with petty misdemeanours and brought into his custody.' i cannot .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-29-1949
Reported in : AIR1952P& H82
..... sobha singh from the defendants. now, this is the evidence of conduct, which if the terms of the lease deed are ambigu us would baeome relevant under section 92, proviso 6, evidence act, which is admissible for the purpose of construing the document. the conduct of the parties during the long course of years is in my opinion a material element ..... has put it in bis law of evidence at page 680 :'the subsequent court not of the parties to a document can be legitimately looked at under section 92 proviso (6), evidence act, for the purpose of ascertaining o what pereons a things the expressions used therein were intended to apply. but if the terms of a document are not ..... a portion of the premises now in dispute but, this evidence of conduct can only be relevant if the terms of the deed itself are vague under section 92, proviso (6), evidence act, if a document is cbscurely framed cr if any of ita clauses contains a real ambiguity, evidence of the conduct of the parties is admissible to construe .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-06-1949
Reported in : AIR1950P& H83; 1950CriLJ590
..... me to have been quite properly applied in that case.14. la the allahabad case the facts were that a number of accused were prosecuted by the police under section 13, gambling act, for gambling in a public thoroughfare. it appears that before the evidence of the witnesses was recorded, the magistrate inspected the spot and found that the nearest ..... such a course. it was contended that the learned additional district magistrate was wrong in holding that he had no power to act under section 249, and that if he felt that he would have discharged the petitioner under section 253, had the trial been under the procedure followed in the trial of warrant cases, there was no bar to his ..... criminal p.c.2. the petitioner is one of fire accused against whom a case is pending under section 161, penal code, section 5 (2)(d), prevention of corruption act, ii [3] of 1947 and section 109, penal code. the other four accused involved in the case are mr. n. n. mitra, who at the time of the alleged offence was .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-05-1949
Reported in : 1949CriLJ813
..... resentment or disapprobation which is generated by legitimate comments, critioisms or ventilation of genuine grievances. such we apprehend is the meaning and effect of the section of the indian presa (emergency powers) act 1931 we are considering. we now proceed to examine the impugned letter and news item in the light of the legal principles explained above.17. ..... published in the petitioners newspaper 'pratap' and specified in the order contained matter of the nature described in clauses (d) and (h) of sub-section (1) of s.4 of the act. it is therefore, essential in the first instance to have a clear notion of the nature or kind of words which fall within the secope ..... of which the order of forfeiture has been made did or did not contain any words, signs or visible representations of the nature described in section 4, sub-section (1) of the act if the appears to the high court that the newspaper did not contain any words signs or visible representations of the nature described in that .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-04-1949
Reported in : AIR1950P& H150; 1950CriLJ725
..... six items mentioned above could be said to contain an incitement to violence or disorder. it was, however, argued that they naverthelesa came within the mischief of section 4 (1), press act,11. although incitement to violence or disorder has been held not to be an essential ingredient of the offence of sedition in india the provisions of the ..... and two are editorial comments. it was alleged that the subject-matter of these articles and news items fell within clauses (b), (d) and (h) of section 4 (1), press act. the petitioner's application is directed against the order of forfeiture parsed by the chief commissioner of delhi and it is contended in the petition that the articles ..... and news items objected to are harmless and they do not come within the purview of section 4 (1), clauses (b), (d) and (h), press act and in any case the exceptions to section 4 cover the petitioner's case,2. it must be mentioned that the petitioner was on a previous occasion asked to .....
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