Court : Punjab and Haryana
Decided on : Jan-10-1949
Reported in : 1951CriLJ939
..... from failure to explain a momentary behaviour he may very well come under the clause, but a man's failure to explain his presence does not bring him within the section.kendall & wir j.i. concurred with the opinion expressed by sulaiman c.j. (boys & banerji jj., dissenting).11. the facts of this case attract the application of the ..... satisfactory account of himself are given the meaning 'explain what he was doing' or 'explain his conduct' at any particular time or place, it would make the scope of section 109 (b) too wide. on such an extended interpretation of the expression a man could be bound over merely because he does not discharge the burden of satisfying a ..... kaur, kartar kaur & ram piari appeared in the ct. of mr. k. c. grover, mag., 1st class, at amritsar who on that date passed a joint preliminary order under section 112, cr. p.c. in this order all that was stated was that hazura singh aforesaid had no ostensible means of subsistence. there was no allegation in the preliminary order .....
Tag this Judgment!Court : Chennai
Decided on : Jan-10-1949
Reported in : (1949)1MLJ459
..... quoted by their lordships of the judicial committee at page 300 and they approved the view of west, j., as to the meaning of the word ' declare ' in section 17 of the registration act. the same view was also taken in the lahore central co-operative bank, ltd. v. qadir bakhsh (1947) 2 m.l.j. 304 (p.c.). in view of ..... (p.c.) the word 'declare' really implies that the document itself creates a title; a mere recital of a fact is not a declaration within the meaning of section 17 of the registration act. it implies a declaration of will and not a mere statement. in the document before the judicial committee, the language was:that in view of the petition filed ..... be pleased to sanction the same or order a fresh grant on the same terms to be executed. that was held to be not a declaration within the meaning of section 17 requiring registration. the importance of the case before the privy council however is that it approves an earlier decision of west, j., in sakharam krishnaji v. madan krishnaji i .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-11-1949
Reported in : AIR1949All501
..... would be a ground for discrediting the same. the test, as we have already pointed out, would, in every case, be the presence of such circumstances as could make the act of transfer an eminently desirable or urgently called for step to case the situation existing on the date of the transfer. in the present circumstances when there is no independent ..... legal necessity for the payment of debts payable by the family, that the sons were under a pious obligation to pay their father's debts, that the older sons having acted bona fide, their action could not be challenged by the younger sons, that there was no legal authority for the view, as imagined by the lower appellate court, that the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-11-1949
Reported in : 1949CriLJ565
..... and the matter remanded to the learned judge so that, if he thought it necessary to proceed further with the matter, he might take the steps which are prescribed in section 514, criminal p. c.8. the point raised by mr. sethi receives full support from the authority cited above, with which i respectfully agree.9. for the reasons ..... applied for bail and on act september 1947, he was released on bail of rupees ten thousand with one surety of the same amount. deva singh son of sundar singh, jat of village usman. tabsil ..... murder of hazarasingh in the court of the additional sessions judge, amritsar. the case was to be tried as a summons case under the provisions of the punjab public safety act, 1947, and after the examination of sohan singh accused on 25th august 1947, the case was adjourned for trial to 3rd october 1947.3. in the meanwhile, sohan singh .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-11-1949
Reported in : (1949)51BOMLR635
..... above, is valid, no need arises for considering the further question whether the view of the trial court that the proceedings were validly commenced under act i of 1865, under section 2 of the act of 1879, were carried over as 'pending' to be completed under the code (as they were completed by assessments in 1886) is right.52 ..... it.' the acceptance by government would include the required authorization by the government.48. as regards the sanctions, their lordships think that rule 89 read with section 102 of the act would require notification of the sanction in the gazette only in cases where the assessment has been fixed for a term of years. in. cases like the ..... the provisions of chapter viii to their villages was made to the government, and that the governor in council authorised such extension; and that sanction under section 102 of the act was granted and was notified as required by the rules. these the plaintiffs have failed to prove by direct evidence. it is true that the government .....
Tag this Judgment!Court : Privy Council
Decided on : Jan-11-1949
Reported in : AIR1949PC143
..... proceedings now pending, which have been commenced under any enactment hereby repealed, shall be deemed to have been commenced under this act, and shall hereafter be conducted in accordance with the provisions of this act." [27] section 3 (19), now (20), "alienated" means transferred in so far as the rights of government to payment of the ..... to time, to lay down rules for the administration of the survey settlements, not at variance with any provision of this act, and to declare existing settlements and all assessments, imposed according to section xxv ... fixed for any period not exceeding thirty years. the expiration of period so guaranteed shall from time to time be ..... are unfixed assessments, the levies being "experimental" rates for one year only. under s. 103 of the act, when the assessments have been announced in the manner prescribed in the first clause of the section, the survey settlement shall be held to have been introduced. whether the announcement of the settlement made to the .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-12-1949
Reported in : AIR1951Cal469
..... case, (a. i. r. (4) 1917 p. c. 61). in probhas kumar v. nithar lal, : air1924cal1054 this court observed that the powers of review under order 47, rule 1 and section 151, civil p. c. are not mutually exclusive. in the cases of rameshwar mahton v. dwarka prosad, 3 pat. 778 : (a.i.r. (12) 1925 pat. 36), and k. k ..... . a. l. firm v. maung kya nyun, 5 rang. 675 : (a. i. r. (15) 1928 rang. 31), the courts reviewed previous decisions on the ground that the matter came within section 151 or order 47, rule 1, civil p. c.8. in spite of these attempts on the part of the different courts in this country, the rule as explained in ..... trial court and before us was thus stated in our order :'both in the court below and in this court, it has been argued that under article 182 (5), limitation act, time would run from 2-12-1943, when the final order was passed in the execution case.'this contention was repelled by us in the order sought to be reviewed .....
Tag this Judgment!Court : Privy Council
Decided on : Jan-13-1949
Reported in : AIR1949PC172
..... right. it was, however, contended that - apart altogether from what he considered as sufficient corroboration of the commission of murder to satisfy the requirements of the section - he had, in applying the rule of practice, found corroboration where none existed. what he looked upon as corroboration for this purpose appears from the following ..... of importance in the administration of criminal justice in the territory. 15the first of these relates to the cautionary rule of english practice emphasising the dangers of acting on accomplice evidence (be it that of one or more accomplices) which is uncorroborated in some material respect implicating the accused. it was not suggested ..... standing alone and unconfirmed in any material respect by other evidence. this question is not concerned with any rule of practice based on the dangers of acting upon the testimony of accomplices. the power to convict is clearly limited by s. 231 and the present issue necessarily turns upon its true construction as .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-14-1949
Reported in : (1949)51BOMLR952
..... be framed, and this was subsequently done.11. on january 19, 1939, the appellants filed a petition o.p. no. 15 of 1939 purporting to be under section 84(2) of the act, asking for a declaration that the order of the respondent dated january 19, 1938, was without jurisdiction and void, to have that order set outside, and for a ..... narayana objected to pay on the ground that the temple was a private one.6. on january 15, 1931, the respondent, having decided to hold an inquiry under section 84 of the act, served a notice on n.s. narayana informing him that his contention that the temple was a private one, would be heard by the board on february 26, ..... sheo buksh singh (1884) l.r. 11 indap 237 the privy council made the following observation upon section 622 of the former code of civil procedure which was replaced by section 115 of the code of 1008 (p. 289):the question then is did the judges of the lower courts in this case, in the exercise of their jurisdiction, act illegally or with material .....
Tag this Judgment!Court : Privy Council
Decided on : Jan-18-1949
Reported in : AIR1949PC187
..... cents of land comprised in survey nos. 205 and 63. the plaintiffs belong to a village situated in the estate of the defendant, the zamindar of devarakota. section 55, madras estates land act, runs as follows : "when a landholder for three months after demand fails to grant a patta in such terms as the ryot is entitled to receive, ..... the land remained fallow they naturally did not desire to pay any rent and so did not ask for its inclusion in the patta. section 4, estates land act says : "subject to the provisions of this act, a landholder is entitled to collect rent in respect of all ryoti land in the occupation of a ryot." the defendant could have ..... and their tenants in possession of land regarding their respective rights, the madras legislature passed the madras estates land act (i [1] of 1908) in 1908. section 6 (1) of the act enacts that "subject to the provisions of this act, every ryot now in possession or who shall hereafter be admitted by a landholder to possession of ryoti land .....
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