Court : Supreme Court of India
Decided on : Nov-23-1973
Reported in : AIR1974SC329; 1974CriLJ358; (1974)3SCC649; [1974]2SCR393
..... been recorded, no reliance can be placed on the circumstance that the statement bears the appellant's signature. besides in his examination under section 342, crpc, the appellant was not asked by the learned magistrate to offer any explanation whatsoever in regard to the statement. counsel ..... 9. the high court found an uncommon reason for believing kehar singh by saying that the fact that he was charged under section 429 of the penal code showed that the police were not inclined favourably towards him. the question before the high court was ..... at least in one case against a person called gajjan singh. krishan chand had figured as an accused in a prosecution under section 382 of the penal code initiated by one sham lal. he was also concerned with the commencement of security proceedings against a ..... , j.1. the learned judicial magistrate, 1st class, sunam convicted the appellant under section 9 of the opium act for being in possession of over 1 kg. of opium without a licence and sentenced .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-07-1973
Reported in : AIR1974SC1822; 1974CriLJ890; (1974)3SCC774; [1974]2SCR609
..... court had acquitted 18 out of 31 accused persons on the ground that no overact had been proved against them. it had, however, convicted jamuna chaudhary separately under section 302 i.p.c. and sentenced him to imprisonment for life. the remaining 12 appellants, namely, rajdhari, muni chamar, ramayan, ramanandan chaudhary, kishundeo ahir, sheopujan ..... , for granting him a receipt in respect of the rent of the shikmi land, but his request was turned down. furthermore, he admitted that proceedings under section 145 criminal procedure code had taken place between the parties over this land. thus, this shikmi land was the cause of dispute between dukhharan, rajdhari, and jamuna, accused ..... of doubt so far as this injury to laldhari is concerned. we have also come to the conclusion that the injured witnesses, who have given specific acts of accused who struck them, could be relied upon to convict particular accused persons. this is the test which the trial court had correctly employed against .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-02-1973
Reported in : AIR1973SC2313; 1973CriLJ1541; (1973)0GLR986; (1973)2SCC413; [1974]1SCR178; 1973(5)LC705(SC)
..... behavior of the appellant towards mohini for several months preceding the incident on the 16th and 17th january 1967 completely brings the case within the passage at section 248 of the decision cited. we have before us ample material showing earlier allurements and even of the appellant's participation in the formation of mohini's ..... any manner to leave her father's protection, by conveying or indicating an encouraging suggestion that he would give her shelter, then the mere circumstance that his act was not the immediate cause of her leaving her parental home or guardian's custody would constitute no valid defence and would not absolve him. the question ..... hesitation in accepting it. the circumstances preceding the incident were considered by the high court to be sufficiently telling to lend assurance that it was quite safe to act upon her testimony. her account was considered to be quite truthful and, therefore, acceptable. mohini's version that the appellant had told her about 3 or .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-24-1973
Reported in : AIR1973SC2420; 1974MPLJ362(SC); (1973)2SCC478; [1974]1SCR274
..... shall be used for setting down and taking up of passengers. that can be done only under a provision like the one contained in section 68(2)(r) & (s) of the motor vehicles act.5. it is interesting to note that in this case the respondents as well as the municipal council had stated that the district ..... place of vehicles cannot be used to compel people use such land as halting places. such a power must be specifically given. compare this section with sections 270-b and 270-c of the madras district municipalities act, 1920, which read as follows :270-b. (1) the municipal council may construct or provide and maintain public landing places, halting ..... . it deals with levy of fees for permissions which are required to be taken for various purposes under other sections of the act. section 187(3) which deals with permission to erect, alter, add to or reconstruct buildings and section 194 which deals with permission to the owners or occupiers of buildings in public street to put up verandahs, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-1973
Reported in : AIR1974SC171; 1975(0)BLJR387; 1974MPLJ20(SC); (1974)1SCC3; [1974]2SCR90; 1973(5)LC911(SC)
..... the dismissal of her appeal, before the limitation for filling the suit under order 21, rule 103 had run out assuming this evidence was admissible under section 13 of the evidence act, it was inconclusive and had been out-weighed by the other determinative circumstances and the preponderating probability that the purchase money came from mst. hakimunnissa ..... older whereby mst. hakimunnissa is claim of her being the real owner of the attached house was dismissed, was a weighty piece of evidence admissible under section 13 of the evidence act, and, taken in conjunction with the judgment, dated 22-11-1950, vide ex.e(1)1 and the recitals in the deed, was sufficient to ..... trial court with some modification, was maintained. sahu then took out execution of his decree against the judgment-debtor, abdul karim. mst. hakimunnissa filed an application under section 47 (under 0.21, rule 57,) of the cpc claiming that tike attached house in plot 216 was her exclusive property and her husband had no right or .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-15-1973
Reported in : AIR1973SC863; 1973CriLJ636; (1973)1SCC512; [1973]3SCR328
..... 31. as pointed out by the judicial committee in mahbub shah v. king-emperor [1945] l.r. 72 indap 148, to invoke the aid of section 34 ipc it must be shown that the criminal act complained against, was done by any one of the accused persons in the furtherance of the common intention of all. if this is shown, anyone of ..... 3 and 4 at the time when sikander khan was shot at. it is not necessary, to attract section 34, that any overt act must be done by the particular accused. the section will be attracted if it is established that the criminal act has been done by anyone of the accused persons in furtherance of the common intention. if this is shown ..... is to be found in the existence of a common intention animating the offenders leading to the doing of a criminal act in furtherance of the common intention and presence of the offender sought to be rendered liable under section 34 is not, on the words of the statute, one of the conditions of its applicability.' as explained by lord sumner .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-15-1973
Reported in : AIR1973SC1073; 1973CriLJ850; (1973)3SCC647; [1973]3SCR313
..... if they so liked. on this application the counsel for the accused persons recorded a note opposing the suggestion and describing the allegation against the witnesses as baseless. section 540, cr. p.c., according to the defence counsel was inapplicable and he also declined to examine these witnesses in defence. the said witnesses were in these ..... the matter our anxious thought even though we hold that we find nothing improbable in the statements of these two eye-witnesses, we think it proper not to act on the uncorroborated testimony of these witnesses. we, there- fore, by the way of abundant caution give the appellants the benefit of the doubt. with these ..... son respectively of the deceased suresh singh and are in a sense chance witnesses. it is true that under the law there is nothing which prevents us from acting upon the testimony of these two eyewitnesses and upholding the conviction of the appellants, but rules of prudence and safety have to be taken into consideration. therefore .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-08-1973
Reported in : AIR1973SC2434; [1973]89ITR240(SC); (1973)4SCC121; [1973]3SCR655
..... the assessee. it came to the conclusion that the impugned assessments were barred by time and they are not saved by the second proviso to sub-section(3) of section 34 of the act. it is as against that decision these appeals have been brought by the commissioner of income-tax.6. in order to decide the controversy before ..... barred by limitation.5. aggrieved by the decision of the tribunal both the commissioner of income-tax as well as the assessee moved the tribunal under section 66(i) of the act to refer certain questions of law to the high court of andhra pradesh. the tribunal submitted the question set out earlier to the high court. the ..... against the firm for the purpose of assessment, the firm resisted the same taking the plea that the proceedings in question is barred by limitation under section 34(3) of the act. he rejected that contention. aggrieved by that order the firm went up in appeal to the appellate assistant commissioner. the appellate assistant commissioner upheld the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-20-1973
Reported in : AIR1973SC2701; (1973)IILLJ473SC; (1974)3SCC459; [1974]1SCR697; 1974(1)SLJ286(SC); 1973(5)LC882(SC)
..... took charge in compliance with the order. by ex. a-49 the director-in-charge said that the appellant should take charge of the entire files in the weeding section and that no further arrangement is possible, apparently referring to the requirement of two clerks for taking charge.11. besides the circumstances relied on by the trial court, ..... the several thousand files, and registers, all of them being very old and mainly in urdu, two clerks, knowing english and urdu should be posted to the weeding section to check each file in a manner prescribed by government. by ex. a-13 the assistant director ordered that the appellant should take charge immediately and comply with the ..... 10 dated 15-10-1955. manvi who was the assistant director at the time, called for the explanation of the appellant regarding theft of 164 files in the weeding section in which the appellant was the superintendent. the appellant replied by ex. a-97 dated october 18, 1955 stations that he had no idea of the missing files .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-14-1973
Reported in : AIR1973SC2677; 1973CriLJ1810; (1974)3SCC406
..... . the appellant, his father karam singh, his uncle bawa singh and bawa singh's son charan singh were tried by the sessions judge, hoshiarpur for offences under sections 302, 307 and 324 read with section 34 i.p.c. in respect of the murder of one darshan singh on 12th october. 1967. the learned sessions judge acquitted karam singh and on appeal .....
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