Array
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    [0] =>  .....  399, 412, 436, 449 and 450 of the indian penal code, 1860 (no.45 of 1860) and sections 25, 26, 27, 28 of the arms act, 1959 (54 of 1959) and sections 3, 4, 5 and 6 of the explosive substances act, 1908 (act no.vi of 1908), is arrested or appears or is brought before a court; or (b) who, having ..... days shall be substituted; (b) for the words sixty days wherever they occur, the words one hundred twenty days shall be substituted. 3. in the principal act, after section 439, the following section shall be inserted, namely. 439 a- power to grant bail.- notwithstanding anything contained in this code, no person- (a) who, being accused of or  ..... in my considered opinion, having regard to the facts and circumstances and the legal position, explained above, the court shall not act mechanically applying the provisions of the amendment act, only seeing the particular offending section in the cases but shall consider the facts and circumstances of each case in its entirety as to whether the case squarely  ..... 
    [1] =>  ..... term which may extend to ten years, and shall also be liable to fine. it appears from a bare perusal of section 436 ipc that the essential ingredients of the said section are:- i) commission of mischief, ii) by fire or any explosive substances, iii) intending to cause or knowing that it is likely to cause destruction of the building, iv) which  .....  purpose and to ascertain it as to whether a prima facie case for grave suspicion which is fully explained, is made out and in doing so, the court cannot act merely as post office or mouth piece of the prosecution. it is also settled law that even if two views are possible such that one of them is mere suspicion .....  of well established maxim i.e. generalia specialibus nondergant . but a perusal of the principle of the said act shows that the section is in addition to but not in derogation of the other provisions of law. so, existence of the said act may not ipso facto result in non-application of the ipc. so, this submission of the learned counsel is ..... 
    [2] =>  ..... for indemnification of the damage caused to the shop of the petitioner and the entire goods stocked therein due to the impact created by an explosion, on the ground that such an act of terrorism was not covered by the insurance policy, is under challenge in this writ petition. the facts giving rise to this appeal as ..... goods of the petitioner were the unintended or were innocent victims of the act of terrorism. in my judgment, irrespective of the cause of the explosion, the explosion which destroyed the insured properties falls within the four corners of the term special perils as defined in section 1 of the shopkeepers insurance policy. in fire and motor insurance by ..... parties had proceeded on the assumption that the bomb blast was, in turn, caused by the act of terrorism. as the bomb blast causing the explosion resulting in the destruction of the shop and goods of the petitioner was caused by the act of terrorism, so argued the learned counsel for the insurer, such destruction caused by the ..... 
    [3] =>  .....  pay a fine of rs.2,000/-, in default, to suffer simple imprisonment for a further period of 6(six) months and also under section 4 and 5 of the explosives substances act and to undergo rigorous imprisonment for a period of 5(five) years and to pay a fine of rs.5,000/-, in default, to  ..... , seizure was made and on completion of investigation submitted the charge-sheet against all the accused appellants under section 364a/120b/121a/34 ipc read with section 25(i)(a) of the arms act and section 4 and 5 of the explosives substances act. two accused persons, namely, paresh bordoloi and someswar alias bikram alias janjoni, however, were declared as  ..... that since the prosecution has failed to lead any evidence to constitute the offence punishable under section 364a ipc, apart from section 120b/121a ipc read with section 25(i)(a) of the arms act as well as sections 4 and 5 of the explosives substances act, the learned sessions judge ought not to have recorded the judgment of conviction against the ..... 
    [4] =>  ..... trial. in this case, the question was whether the trial by jury had been concluded when the jury delivered their verdict under xl. (6) of section 8 of act iii at 1884. straight dealing with this question observed as follows:i do not think that trial by jury or any trial can be legally speaking, concluded until judgment and ..... court of the special judge.13. the next question that arises is whether the delivery of judgment by the learned trial magistrate himself vitiates the trial. section 6 of the act specifies the offences which are triable by the special judge when appointed. it also conters on the provincial government the power to appoint special judges for different ..... acquittal on the merits. the appeal is dismissed.sarjoo prosad c.j.15. for the reasons stated in the judgment just delivered, 1 agree that sections 7 and 10, criminal law amendment act, 1952, did not affect the jurisdiction of the trial magistrate to deliver judgment in the case, when there was no special judge appointed to  ..... 
    [5] =>  ..... and the rule has been applied to testimony of other experts including experts on finger-prints.19. considering that foot-prints as such are not included in section 45, evidence act, it is expedient that the comparison of the foot-prints may be made so that the judge and the jury could see for themselves to what extent ..... that the evidence of the expert came to nothing. he did not direct the jury on the legal value of the testimony of the foot-prints expert. section 45, evidence act does not include footprints within its ambit as it does the finger impressions. notwithstanding this omission, the evidence of foot-prints expert has been admitted with the .....  by the notice of enhancement. the appellants can succeed in having the conviction quashed if they can bring their case either under the provisions of section 418 or under sub-section (2) of section 423, cr.pc5. the learned counsel for the appellant, ganesh gogol, has contended that the verdict against both the appellants rests on no evidence ..... 
    [6] =>  ..... out and the rule may be discharged against all the respondents. there need be no order as to costs. ram labhaya, j.19. this is a petition under section 3, contempt of courts act (as amended). by this petition, the registrar brought to the notice of a division bench of this court that the opposite parties, namely, mr. prank moraes, ..... been committed within or outside the local limits of its jurisdiction, and whether the person alleged to be guilty of the contempt is within or outside such limits (vide section 5, contempt of courts act, 32 of 1952). it was pointed out by lord russell of killowen, c, j., in - the queen v. gray (1900) 2 qb 36 (a)  ..... , comments of ordinary men.but where the publication creates a mischievous effect on the public mind leading to the impression that the chief justice was or the judges were acting like arbitrary despots in order to enforce their authority, and that, although under the rules the action of the university was justified, yet this court interfered in its ..... 
    [7] =>  ..... to give advice to the government on such legal matters as might be referred to him. assam was undoubtedly one of governors' provinces as provided by section 46 of the act. section 55 of the old act corresponds to article 165 of the constitution which applies not only to part a states, in which assam is included, but also to part b  ..... the order has been assailed before us mainly on these grounds : (1) that the order is incompetent and does not fulfil the essential requirements of section 11 of the press act.(2) that section 11 of the press act under which the order appears to have been passed is ultra vires article 19(1) (a) and (g) of the constitution and is not ..... , in life is seen all round to-day. life is to-day only a beast of burden; it is only conveying the explosion of destruction'. i do not see what is wrong with this passage. the words 'explosion of destruction' were only figuarative.then again the author says :the atmosphere of the country has been rendered poisonous; all sorts of  ..... 
    [8] =>  .....  in the judgment delivered by thadani c. j.-it is to be observed that the common intention contemplated by section 34 is anterior in time to the commission of the crime and does not refer to the time when the act is committed ....the identical point had been considered at length by my lord the present chief justice in the  ..... pursuance of the common intention of all. reading the two passages together, we do not think that the learned judge failed to give proper direction on the contents of section 34 and this objection therefore raised on behalf of the appellant has not much force.the second contention raised by mr. sen was that there are materials in the record .....  mr. sen could point out no other misdirection in the charge nor did he press any other point for consideration. the only objection was with regard to the interpretation of section 34, i. p. c., which in our opinion was correctly done and we see no reason to interfere with the unanimous verdict of the jury, the evidence being very ..... 
    [9] =>  .....  counsel for the accused has not been able to show us any ruling where it was held that even though there was contravention of any order under section 3, essential supplies act, relating to foodstuffs or cotton textiles, there can taw no order for forfeiture simply because the man charged with the offence was found to be not  ..... certain order of mr. u. n. rajkhowa, magistrate 1st class, dated 27-6-52 relating to forfeiture of a truck load of rice under section 7(2) (b), essential supplies (temporary powers) act, 1946 be set aside. what happened was that the sub-divisional officer, golaghat detected on 25-6-1951 a truck load of rice being carried .....  26-6-1951. accused mohanlal was discharged as there was no evidence to connect him with the transaction and a charge under section 7(21. essential supplies (temporary powers) act. 1946. was framed against nopnram for violating sections 3fa) and 11. assam foodstuffs control order, who, however, pleaded not guilty and his defence was that he was not  ..... 
    [10] =>  .....  effect that the person has been found in possession of the money which has been the subject-matter of theft, the presumption at once arises under section 114, evidence act, that the possessor is either thief or the receiver of stolen property and this presumption when unexplained shall be regarded as conclusive fact vide - fateh .....  object with each other through the information but not either of them with the crime.in the course of such a strict construction of section 27, of the evidence act, by precisely limiting the information admissible to so much of it as distinctly serves to connect the accused with the object alone, it  ..... confession made by the respondent before the o/c will not be legally admissible under section 25, indian evidence act, vide - zwinglee ariel v. state of madhya pradesh : air1954sc15 , the words distinctly relating to facts discovered are clearly admissible under section 27 of that act, vide - public prosecutor v. india china lingiah : air1954mad433 , 'where it is ..... 
    [11] =>  .....  the murder of abdul mia has been established and as the accused nos 1 to 5 did not commit any act in this connection and they did not cause any injury to abdul mia they cannot be held constructively liable under section 149, ipc vide also —'suba chaudhuri v. the king'. : air1950pat44 36. the learned advocate for the prosecution has  ..... , ipc nor can the accused nos. 1 to 5 be deemed to be guilty under section 302 read with section 149, i. p. o.39. i have already mentioned above that the present accused never formed an unlawful assembly and they merely acted in the exercise of their right of private defence and they did not exceed that right as such  ..... none of them can be deemed to be guilty under section 147, ipc40. regarding the charge under section 323 read with section 149 is concerned, i have merely to mention that the  ..... 
    [12] =>  .....  these 4 witnesses was legally sufficient to establish the charges against the present appellant beyond all reasonable doubt. i am, therefore, clearly of opinion that the charges under section 325 read with sections 149 and 365, ipc were not estab- lished against the present appellant beyond all reasonable doubt by any cogent and convincing evidence and so the conviction of the appellant .....  any way in this case. i agree with the learned sessions judge in holding that the confession ex. p-5 was not voluntarily and as such it could not be acted upon in this case.16. rajani mohan ridyaratna p.w. 1 knew the appellant from before the alleged incident both by face as well by name but it is very .....  reang p.w. 7.i have now to see how far are the statements of these witnesses reliable and to what extent can the retracted confession ex. p-5 be acted upon in this case.9. the learned sessions judge has not relied on the confession ex. p-5 on the ground that the confession does not show that at the ..... 
    [13] =>  ..... found to have been sent to the assessees by inadvertence. the applications were therefore rejected as premature. the case was referred to a third member under section 5a(7) of the income-tax act. the third member who heard the case was the president of the tribunal. he agreed with the accountant member that the sum paid specifically for building ..... there was no difference on this point the question was not dealt with by the president in his order.the expression "agricultural income" has been defined in section 2(i) of the income-tax act. "agricultural income" means -"(a) any rent or revenue derived from land which is used for agricultural purposes, and is either assessed to land-revenue  .....  no distinction could be made between the two parts of the receipts in question.the petition giving rise to rule no. 83 of 1954 is under section 66(2) of the income-tax act. the prayer was that the appellate tribunal, calcutta bench, be directed to draw up a statement of the case and refer to this court for ..... 
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