Court : Himachal Pradesh
Decided on : Jan-18-1973
Reported in : 1973CriLJ1527
..... sessions judge also considered that the magistrate had even decided the case under section 137 and, therefore, according to him no further proceedings were required to be taken up. in other words the learned sessions judge considered that the preliminary order ..... opinion that there was no reliable evidence in support of such denial of public right. he, therefore, directed the petitioners to appear before him for further proceedings under section 137.2. against the order of the learned magistrate, the petitioners came up in revision before the sessions judge, nahan but they did not succeed. the learned ..... to exercise their right of passage upto the temple. the expression 'public place' is not defined in the criminal procedure code or in the penal code. in queen v. wellard, (1884) 14 qbd 63, grove, j., laid down that a public place 'is a place where the public go, no matter whether they have a right to go or .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-06-1973
Reported in : AIR1973HP71
..... from banti in favour of kaushalya could not be regained by her without the restriction imposed upon the donee who could not make her rights absolute under section 14 (1) of the act. the learned counsel for the appellants relying upon the orissa case of 1963 (air 1963 orissa 167) considers that neither fusion of title could have taken ..... the widow came in possession as trespasser and hence she had no right to possession which was a sine qua non if the conferment of title under section 14 (1) of the act. in these circumstances, it was held that her limited estate did not become absolute and hence a subsequent gift made by her only conferred a limited ..... prohibiting mutual annulment or cancellation of the previous gift and the gift-back made the widow in lawful possession of the property. she made her title absolute under section 14 (1) of the act. the learned counsel for the appellants relied upon ganesh mahanta v. sukria bewa, (air 1963 orissa 167). in that case it was neither contended nor .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-13-1973
Reported in : 1973CriLJ1651
..... court has to be satisfied that it is voluntary, it does not appear to be the result of inducement, threat or promise as contemplated by section 24. indian evidence act and the surrounding circumstances did not indicate that it is inspired by some improper or collateral consideration suggesting that it may not be true. in the ..... direct bearing upon the extra-judicial confession. he did not even notice such discrepancy as to dates and the learned advocate-general had to move application under section 540. criminal procedure code, which for reasons explained by my learned brother we preferred to reject4. if such discrepancies are left out on the record and are subsequently ..... to have further clarified this statement in re-examination. however, the learned advocate general has put in an application in this court purporting to be one under section 540 cr.pc for recalling shri munshi ram so as to clarify this discrepant statement. but this application cannot be allowed at this stage to remove any .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-20-1973
Reported in : 1973CriLJ1375
..... make the preliminary order nor could make it absolute under that section. hence the learned sessions judge has recommended for the quashing of the order of the learned magistrate who had made his conditional order absolute.4. ..... of evidence that the tree, if at all, constitutes a private nuisance and not a public nuisance. according to the learned sessions judge, proceeding under section 133, criminal procedure code cannot be instituted in relation to a private nuisance and hence, according to him, the complaint was misconceived and the learned magistrate could neither ..... and this definition can very well be imported for the purposes of section 133 of the criminal procedure code. the definition of 'public nuisance' in section 268 runs in the following terms:public nuisance: a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Sep-04-1973
Reported in : 1974CriLJ1007
..... that the words 'in the discharge of an official duty' might be read as in the 'matter of the discharge of an official duty'. the section applies only if the act complained of is itself done by the public servant in pursuance of his public office, although it may be in excess of the duty or in the ..... both before the learned magistrate and also before the first revising court that the petitioners-accused were public servants and they were acting in the discharge of their official duty. as is evident from section 197, before this section can be invoked, two conditions must be satisfied (1) the accused must be a public servant of the kind mentioned ..... to hold that the petitioners-accused who were public servants of the kind mentioned in the section, if at all they committed this offence must have committed it while acting or purporting to act in the discharge of their official duties. therefore section 197 applied to the facts of the case and the learned magistrate could not take cognizance .....
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