Court : Allahabad
Decided on : Aug-09-1949
Reported in : AIR1950All100
..... 1914 cal. 22: 14 cr. l. j. 673), the calcutta high court interfered in the exercise of its revisional jurisdiction when the warrant did not fulfil the requirements of section 7, extradition act.20. in the case of gulli sahu v. emperor, 42 cal. 793 : (a. i. r. (2) 1915 cal. 426: 16 cr. l. j. 31), ..... the district magistrate of agra. later, the district magistrate of agra also released him on bail.3. on 15th january 1947 the opposite party applied under section 8a, extradition act, 1903, to the district magistrate of mathura praying that a recommendation be made to the central government to cancel the warrant issued by the political agent. ..... his contention is that the learned magistrate had a jurisdiction to order investigation into the case.4. while the application of the opposite party made under section 8a of the said act was pending before the district magistrate of mathura, the opposite party moved an application before the additional district magistrate, agra, on 20th january 1947 .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-09-1949
Reported in : 1950CriLJ771
..... doubt, was in regard to the affairs of labour and came within the definition of ' labour meeting'. the applicant accordingly has rightly been convicted under section 19, punjab public safety act.6. the applicant has been sentenced to undergo two months' rigorous imprisonment. the sentence certainly is by no means excessive and, if at all, errs ..... b. 10 (2) of the code. the additional district magistrate in the present case thus was fully empowered to have passed the order under section 4, punjab public safety act.5. the question now that arises for consideration before the court is whether the applicant had disobeyed the order by attending a labour meeting. the ..... .1. this is an application in revision by gyani kartar singh from the order of mr. abdul kauf, magistrate, 1st glass, ajmer, convicting him under section 19, punjab public safety act (li [2] of 1947) as made applicable to the province of ajmer. merwara and sentencing him to undergo two months rigorous imprisonment. his appeal before .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-09-1949
Reported in : AIR1950All52
..... that the reasonable rent therefore came to an amount in the neighbourhood of rs. 133. he alleged that even this was an inadequate rent and brought a suit under section 6 of the act for fixation of the rent at the rate of rs. 200 a month. the suit was thus in effect a suit for enhancement on the ground that the ..... the defendant enhancing rent to rs. 200.2. the court below has fixed the rent at rs. 132-9-s per month, which is .the reasonable rent according to the act. thus the court below has come to a finding that the reasonable rent is neither inadequate nor excessive. the suit being one for enhancement of rent on the ground that ..... orderseth, j.1. this is a defendant's application arising out of a suit under section 5 (4), u. p. temporary control of rent and eviction act, iii [3] of 1947. the premises were let to the defendant bank by a registered lease some time in the year 1943 at a rent of rs. 100 per month. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-09-1949
Reported in : AIR1953P& H295
..... common intention of you both did commit murder by intentionaily causing the death of bhagtu chow-kidar of your village and thereby committed an offence punishable under section 302 read with section 34, penal code, and within cognizance of the sessions court, jullundur. and 1 hereby direct that you be tried by the said sessions court ..... death being only an accidental, i do not think it will be safe to convict the accused of murder under section 302, penal code. under section 300 of the code the prosecution has to prove that the act by which death is caused was done with a certain intention or knowledge and as long as the prosecution does ..... grounds of appeal which is substantiated by circumstances he is guilty of committing a rash and negligent act which is covered by section 304a, penal code. i would, therefore, change the conviction from murder under section 302 to an offence under. section 304a and would sentence him to rigorous imprisonment for two years. the sentence of death is, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-09-1949
Reported in : AIR1950P& H23; 1950CriLJ412
..... been called for the prosecution ; (2) the person who uses it is the accused; (3) the statement is used for the purpose of contradicting such witness under section 146, evidence act; (4) the statement of the witness in question must have been reduced into writing; and (6) the written statement must be proved. if the above conditions are ..... police in the course of the investigation cannot be proved even though the person who made the statement is dead, unless the statement comes within section 32, clause (1), evidence act.9. now, section 162, criminal p.c. provides that the police statement of a witness who has been called for the prosecution can be used by the accused ..... p, w. 2, and dalip singh, p.w. 8, have been used by the prosecution for the purpose of corroborating rawat singh and dalip bingb. under section 157, evidence act. this is not permissible in law.10. as stated above the contention raised by the learned counsel for the appellant is that no reliance can be placed upon .....
Tag this Judgment!Court : Chennai
Decided on : Aug-10-1949
Reported in : AIR1951Mad242; (1950)2MLJ247
..... to the zamindar had been attached and this amount was utilised for raising the attachment, we are of opinion that this debt comes within the ambit of section 4, impartible estates act.12. our conclusion, therefore, is that out of the amounts claimed by the plaintiff in this suit, the amounts due under the promissory notes to sambayya ..... sum of rs. 1100 in favour of one purushotham. the object with which this money was borrowed was for paying off the peishkush due from the estate section 6, impartible estates act, prohibits the incurring of any debt by making the estate liable for paying of land revenue due to the government, unless the zamindar had first obtained ..... he represents the estate in other proceedings in which he has no personal estoppel against third parties is a real one; and wa are of opinion that section 4, impartible estates act, clearly enunciates this view. for purpose of our present case, it has to be said that an impartible estate-holder stands on an equal footing with .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-10-1949
Reported in : AIR1950All106
..... the application of the principle of res judicata in this case. it seems to me, however, that when the appellants claimed reduction of interest under section 30, agriculturists' relief act, it was the duty of the respondents to object and point out to the court that the transaction did not amount to a loan and, therefore ..... appear from the, judgment of the munsif that there was some amendment under the agriculturists' relief act at some time. however, if the amendment was under section 5, agriculturists' relief act, it would not help the appellants because under that section all that is required is that the judgment-debtor should be an agriculturist, it is not necessary ..... a decree was obtained by the plaintiff. when it was being put in execution, the defendant objected and prayed for reduction under section 30, u. p. agriculturists's relief act, xxvii [27] of 1934. under that section relief of interest can only be granted to an agriculturist where the transaction is a 'loan' as defined in that .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-10-1949
Reported in : AIR1950All57
..... was a final adjudication which determined the matter in regard to the controversy in suit and the order giving effect to this decision was a decree within the meaning of section 2(2), civil p. c. and an appeal lay against it.10. in sabitribai debi v. jugal kishore : air1938cal639 , the facts were that the heirs of certain pro ..... in its entirety, amounts to an adjudication of the rights of the remaining plaintiffs as in the present case, it will amount to a decree which would be appealable under section 96, civil p. c. that such a distinction exists will be clear from the trend of authorities of other high courts which are of a date later than that ..... that it has abated. the contention, on behalf of the appellants, is that the order of the trial court amounted to a decree and, therefore, an appeal would lie under section 96, civil p. c. learned counsel urges that a distinction has to be made between those orders dismissing the suit for abatement, which are merely orders and, therefore, cannot .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-11-1949
Reported in : AIR1950All69
..... whether he did in fact tender such advice and whether the advice was accepted by the governor. here we are again faced with a statutory bar since section 51 (4), constitution act provides;'the question whether any and, if if so what, advice was tendered by ministers to the governor shall not be inquired into by any court.'16 ..... it is stated that the hon'ble shri lal bahadur sastri, police minister, directed the issue of the order. under the rules made by the governor under section 53 (3), constitution act, it is the minister-in-charge of the portfolios of police and transport, consisting of the departments of police, home affairs and confidential matters relating to ..... would be no wrong recital if this was what was actually stated; it would merely be a recital in a form prescribed by statute.11. further, section 59 (2), constitution act provides: 'orders and other instruments made and executed in the name of the governor shall be authenticated in suck manner as may be specified in rules to .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-11-1949
Reported in : AIR1950All49
..... to that effect. apart from that, a mortgagee does not pay land revenue or local rate on his own behalf bat merely as an agent of the mortgagor. under section 76, t. p. act, act iv [4] of 1882, a mortgagee in possession, in the absence of a contract to the contrary, is liable to pay government revenue and all other charges ..... , then a mortgagee by reason of his paying local rate as mortgagee would not be entitled to claim the benefit of the u. p. agriculturists' belief act. according to section 199, agra tenancy act of 1926, a thekedar is a farmer or other lessee of the proprietary rights in land. this definition would not include a mortgagee or a lessee of ..... is said that if no interest had accrued due, then the payments must be taken to be payments towards the principal. we are not concerned with the interpretation of section 39 of the act and it is not, therefore, necessary for us to express any opinion. apart from the fact that, in our view, the interpretation placed by the lower court .....
Tag this Judgment!