Court : Guwahati
..... the trial court availed of against the accused sudhir was the recitals in the disclosure statement made by satya. this was done in terms of section 30 of the evidence act. that section enacts that when more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting ..... privy council in the case of kashmira singh v. the state of madhya pradesh : 1952crilj839 .15. it would be evident from the above interpretation of section 30 of the evidence act that the confession made by satya does not constitute a piece of evidence against his co-accused sudhir, and that what is mentioned in that document could ..... of shri sarkar that prosecution had failed to prove by any dependable evidence that the telegram ext, p-25 had been registered by the accused sudhir.section 88 of the evidence act provides that the court may presume that a message, forwarded from a telegraph office to the person to whom such message purports to be addressed, corresponds .....
Tag this Judgment!Court : Guwahati
..... 24. there is conflict of judicial opinion in india, as stated earlier, on what are the consequences of non-compliance with the provisions of sub-section (3) of section 145. according to one view, these provisions are of mandatory nature and on failure to comply therewith the proceedings are without jurisdiction and the final ..... iboyaima singh, chairman of the wapokpi co-operative collective farming society (representing the co-operative society hereinafter referred to as the 1st. party)'.by sub-section (1) of section 145, criminal p.c. the magistrate is enjoined, on being satisfied that a dispute likely to cause breach of the peace exists concerning any land ..... who carried out the writ issued by the magistrate. reference in this connection is invited to illustration (e) to section 114 of evidence act which states that the court may presume that judicial and officials acts have been regularly performed. in the report made by the police, after compliance with the direction issued to them, .....
Tag this Judgment!Court : Guwahati
..... judge, if such witness is produced and examined, be treated as evidence in the case for all purposes subject to the provisions of the indian evidence act. section 288 thus leaves discretion to the presiding judge to treat the earlier 'evidence as evidence in the case before him provided the conditions therein are fulfilled, viz ..... causing hurt to abdul khaliq gaonbura, julikha khatoon and some others, some of the members voluntarily caused hurt to themi and thereby committed an offenoe punishable under section 323/149 of the penal codethirdly: 'that you, on or about the same day of february, 1962 at the same place were members of an unlawful assembly ..... evidence which is used under section 288 ia again subject to all the provisions of the evidence act including section 145. a witness can be cross-examined with reference to his earlier statements under section 145 of the evidence act. this is with a view to impeach his credit under section 155 of the evidence act. the cross-examination is .....
Tag this Judgment!Court : Guwahati
..... the petitioners occasioned to the complainant by making a cut across the embankments which resulted in the fish being washed away. therefore, the act of the petitioners beyond doubt fell within the mischief of section 427 because the loss was for an amount exceeding rs. 50/-.5. as a result, i uphold the conviction of all the ..... wrongful loss in the matter of fish of which he was the legal owner.4. an identical conclusion can be reached by another process of reasoning. the expression used in section 425, indian penal code is 'wrongful loss or damage'. the preposition 'or' of that expression is clearly disjunctive. the adjective 'wrongful' goes only with the word ' ..... after the dead line, it could not be stated that the petitioners had occasioned any 'wrongful loss' to the complainant. the expression 'wrongful loss' is defined in section 23, indian penal code as the loss by unlawful means of property to which the person losing it is legally entitled. it was the contention of shri manisana singh .....
Tag this Judgment!Court : Guwahati
..... two months of the printing, the date whereof is 15-8-66 can be said to be publishing the pamphlet within the meaning of the word in section 12 read with section 3 of the act. section 3 requires that whenever a certain thing is printed the name of the printer and the place of printing shall be legibly mentioned. secondly, if there ..... in : air1957mad427 :but a man who causes a book to be printed and offers it to the public for sale is a publisher within the meaning of section 3 and section 12 of the act.while dealing with the publishers and printers, we find in article 267 of halsbury's laws of england, second edition, vol. 26:a publisher is a person ..... ones which he had earlier written under the same name and title. in an identical case with reference to another printed document, the accused was convicted under section 12 read with section 3 of the act, by a division bench of this court after setting aside the acquittal order passed by the magistrate, in govt. criminal appeal no. 6 of 1964 .....
Tag this Judgment!Court : Guwahati
..... possess the land illegally which was in possession of the complainant'. according to this finding of the appellate court, all the ingredients of criminal trespass as defined in section 441 indian penal code. i feel satisfied, are proved. it remains to be said that shri choudhary very rightly did not challenge the findings of fact concurrently ..... the petitioners and the respondent. the respondent having felt apprehensive that the petitioners would encroach upon some area in his occupation, he moved an application against them under section 144, criminal procedure code in the year 1966. that case was ultimately dropped as a result of compromise arrived at between the parties on 6-4-1966. ext. p ..... of a claim of right to the property in dispute is not in itself a sufficient answer to the charge under section 447, indian penal code. if the court reaches the conclusion that the accused was not acting in the exercise of a bona fide claim of right while entering upon the land in dispute, it will have .....
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..... india, being a foreigner, violating the order under paragraph 7 of the foreigners order, 1948, as amended up to date, and thereby committed an offence punishable under section 14 of the foreigners act.prosecution has proved that the accused entered india in october, 1954 with a pakistan passport. on the day of entry, he was not a foreigner under the provisions ..... not a foreigner at an earlier stage he could have been dealt with as a foreigner under the provisions of the foreigners act after 19th january, 1957. the accused, therefore cannot be convicted under section 14 of the foreigners act on the facts established by the prosecution.5. our attention is drawn to a single bench decision of this court in criminal ..... p.k. goswami, c.j.1. this revision is directed against conviction under section 14 of the foreigners act. the petitioner was sentenced to rigorous imprisonment for six months.2. the facts briefly are that the petitioner was a police constable under the government of assam posted at .....
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..... , beer and any substance which the chief commissioner may, by notification, declare to be liquor for the purposes of this act.section 12 of the bengal excise act provides that no intoxicant exceeding such quantity as the chief commissioner may prescribe by notification either generally or for any specified local area, shall ..... and transporting intoxicant, which p.w. 1 the excise inspector found to be liquor. apart from the fact that no notification issued under section 12 of the act referred to above is placed before the court, there is absolutely no satisfactory and convincing evidence to establish that what was being transported by ..... be distilled and which is declared by the chief commissioner by notification in tripura gazette to be an intoxicant for the purpose of this act, or(iii) any intoxicant drug.section 2, sub-section (14) defines liquor thus:liquor means liquid consisting of or containing alcohol, and includes spirits of wine, spirit, wine, tari, pachawai .....
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..... that it is obligatory for the prosecution to prove the fact of the publication of the notification in the manner provided in section 78 of the evidence act. that section prescribes inter alia that the acts, orders or notifications of the central government or state government or any department may be proved by any document purporting to be ..... forest. a lone distance has to be covered before that intention can be translated into an actuality by issuing another notification under section 20 of the act. clause (a) of section 26(1) read with sections 4 and 5 leaves no room for doubt on the point that the offence contemplated by that clause can be committed before ..... a view to extort illegal gratification from him, the trial court found the charge established and on negativing the defence plea it convicted monoranjan das under section 26(1) of the act and sentenced him to a fine of rs. 25/-, or, in default, seven days' rigorous imprisonment. having felt aggrieved monoranjan das took the matter .....
Tag this Judgment!Court : Guwahati
..... the time of occurrence or before or after the time of occurrence, which maybe considered as sufficient to discharge the burden of the accused contemplated under section 105, indian evidence act. the evidence on record is not sufficient to raise any reasonable doubt as to the sanity or normal condition of mind of the accused at the ..... time of occurrence and the defence has failed to discharge the burden as contemplated under section 105 of the indian evidence act. in the circumstances i hold that the learned sessions judge has convicted and sentenced the accused rightly. the conviction and sentence passed by the ..... every one is also presumed to know the law. these are not foots which the prosecution has to establish. it is for this reason that section 105 of the evidence act places upon the accused person the burden of proving the exception upon which he relies.* * * *undoubtedly it is for the prosecution to prove beyond reasonable .....
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