Court : Himachal Pradesh
Decided on : Sep-15-1949
Reported in : AIR1950HP18
..... and correctly held as relevant, though the defence and not the prosecution produced it.28. the question as to its admissibility is either covered by section 21 (2) or by section 8, evidence act. 29. section 21 (2), evidence act, provides : 'admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they cannot be ..... he has referred to the well known cases of (i) woolmington v. director of public prosecutions, (1935) a. c. 462 : (104 l. j. k. b. 433), (ii) r. v. rose, (1884) 15 cox. c. c. 640 and (iii) r. v. schama, (1914) 84 l. j. k. b. 396: 11 cri. app. rep. 45.56. in woolmington's case, (1935 a. ..... of all the evidence, are left in a reasonable doubt whether, even if his explanation be not accepted, the act was unintentional or provoked, the prisoner is entitled to be acquitted.' (the underline [here italicized] is mine).57. in r. v. rose, (1884-15 cox, c. c. 540), it was held as follows:'homicide is excusable if a person takes away .....
Tag this Judgment!Court : Chennai
Decided on : Sep-15-1949
Reported in : AIR1952Mad790; (1952)IIMLJ141
..... judgment had been written and signed by him, the case has reached beyond the stage of trial. even so the succeeding magistrate had a discretion under clause (1) to section 350 to act or not, on the evidence recorded by his predecessor. the procedure is left purely to the discretion of the magistrate which is different from the right which the accused ..... order xx rule 2 c.p.c. as instances of modification in-troduced in the civil procedure code, and similarly he refers to section 350 crl.p.c. as a modification introduced in the criminal procedure code, under section 350, a successor is permitted to act on the evidence recorded by the predecessor or partly recorded by him. but there is no corresponding provision relating to sessions .....
Tag this Judgment!Court : Chennai
Decided on : Sep-16-1949
Reported in : AIR1950Mad276
..... the ground that it is not pressed. reliance was also placed by the learned counsel for the respondent on the authority of ex-parte poulton and son; in re copyright acts, (1884) 53 l. j. q b. 320: 32 w. r. 648, in support of his contention that his client may well be regarded as a person aggrieved. i am ..... months of an order of the district collector dismissing as with-drawn an appeal preferred by the respondent before me against an order of the collector acting under section 44 b, madras hindu religious endowments act holding that the inam in question consisted only of the melwaram, the respondent filed the suit out of which this second appeal arises for a ..... said to have decided the appeal, as these two words 'aggrieved' and 'decided' used in the proviso to sub-clause (ii) |of clause (d) to sub-section (2) of section 44-b of the act ought to be understood. says the learned counsel, the plaintiff chose not to press the appeal to the district collector which did not therefore go to a .....
Tag this Judgment!Court : Chennai
Decided on : Sep-16-1949
Reported in : AIR1950Mad284
..... separate contracts of lease and hire is to destroy, it altogether. mr. ramchandra iyer argued that the furniture which was covered by the lease fell within the definition of section. 2 of the act. we do not agree. the observations of the learned judges in app. no. 590 of 1945 (patanjali sastri and bell jj.) in dealing with the plant, ..... the general law in accordance with the agreement between the parties, the only question to be considered was whether there was a default within the meaning of section 7 (2) (i) of the act. as there was clearly such a default he found that the lessees were liable to be evicted. he overruled their plea that the arrears of rent ..... contract is entered into between a landlord and tenant giving the tenant larger rights and greater privileges than those conferred on him by the act. in the present case though under section 7 (2) (i) of the act the landlord may be entitled to apply for eviction even when there was default in payment of a month's rent, the lease .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-16-1949
Reported in : AIR1950Cal179
Das Gupta, J.1. The principal question for decision in this appeal is whether the Dikshaguru of a Hindu not being the person who invested him with the sacred thread is his heir, on failure of other heirs. The appeal is against the decision of a Probate Court, allowing an application for revocation of a probate that bad been granted of a will of one Manmatha Nath Mandal, who will be later referred to simply as Manmatha. Manmatha died in July 1933, leaving his widow Manada Bala Dassi hereinafter referred to as Manada. Manada died in 1945. Disputes arose over properties left by Manmatha, after the death of Manada, between purchasers from Pachkari Bhuian who sold as a guardian of Gokul said to have been adopted by Manmatha and the purchaser from Janaki Nath Chakravarti who claimed to be Manmatha's heir on the death of Manada, on the ground that he was Manmatha's 'Dikshaguru'. On 23rd August 1945, Panchkari Bhuian applied for Probate of a will said to have been left by Manmatha. He stated t...
Tag this Judgment!Court : Mumbai
Decided on : Sep-19-1949
Reported in : AIR1950Bom213; (1950)52BOMLR62
..... , the petitioner applied to the chief presidency magistrate for the return of this deposit under section 7 of that act and the learned chief presidency magistrate made an order on 26th july ordering the refund of the deposit. in the meanwhile, an order was issued by the ..... bombay dated 20th july calling upon the appellant to cease publication of his paper from 23rd july to 22nd september 1949. this order was issued under section 9a, bombay public security measures act, 1947, and it is this order that is complained of by the appellant and it is with regard to this order that a writ of certiorari ..... declaration before the chief presidency magistrate and the chief presidency magistrate made an order calling upon him to deposit a sum of rs. 1,000 under section 7 (1), press (emergency powers) act. this was some time in april 1949, and the petitioner carried out the order by making the necessary deposit. in the third week of july 1949 .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-19-1949
Reported in : AIR1950Bom260; (1950)52BOMLR294
..... decree to the collector the judgment-debtor made an application to the court which passed the decree, for payment of the decree by instalments under section 11, central provinces money-lenders act. the court entertained the application and ordered the stay of the proceedings before the collector. the stay order, however, was not communicated to ..... c. the sale was held by the collector but before it could be confirmed, the judgment-debtor made an application to the court under section 5, united provinces agriculturists' relief act and prayed that the execution proceedings may be recalled from the collector. the court entertained the application and sent an order to the collector ..... to an order passed by an executing court in respect of the stay of execution by the collector. when the proceedings are transferred to the collector under section 68, civil p. c., the collector gets jurisdiction to proceed with the sale in accordance with the directions contained in schedule iii, civil p. c. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-22-1949
Reported in : AIR1950P& H162; 1950CriLJ599
..... and without any official order or notification in this behalf, become the advisory tribunal for the setting up of which express provision was made in sub-section (4) of section 3 in the act of 1949, which came into force on 29th march 1949. i find it difficult to understand how a body thus gratuitously constituted to deal with ..... district and sessions judges, s. b. sardar eartar singh and dewan siri bam puri, was set up to review the oases of persons detained under section 8, punjab public safety act of 1917. the order also contains particulars regarding the remuneration and travelling allowance of the members of the advisory committee and an announcement that the committee ..... 6 of the affidavit repeats the substance of the earlier affidavit. however, in a case where a-man is arrested and ordered to be detained under section 8 of the act after having been originally arrested on a specific charge which has either collapsed or been withdrawn, as in the present case, there must always remain a .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-26-1949
Reported in : AIR1950Kant1; [1956]26CompCas121(Kar)
..... is to be construed as constituting a partnership. the court held that the relationship was in the nature of licence and that there was 'business connection' under section 42 of the act. hira mills ltd. cawnpur v. income-tax officer, cawnpur : [1946]14itr417(all) relied upon in support of the contention to the contrary is distinguishable. ..... in cawnpore to sell the goods for which commission was payable at indore. it was held that the company had 'business connection' in india under section 42 of the act as the right to the commission accrued on the sales effected at cawnpur between the branch at cawnpore and company at indore and that the former ..... includes not only the kinds of things specifically described as being included in the term 'business' but also the kinds of things which are specifically mentioned in section 3, english finance act, viz., 'through or from any branch, factories, agency, receivership or management.' it was held that profits made by a company outside india on premiums .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-27-1949
Reported in : AIR1950Raj14
1. This is a first appeal by the contesting defendants in a declaratory suit. The pedigree table so far as relevant to the matter in issue is as under : ZORAWAR SINGH _______________________________|__________________ | | Budh singh, His deoen- Sawai Singh dant in many degrees is | Bijoy Singh, the present Jawan Singh Thakar of Thikana Makrana. | Nand Singh _________________________________________________|______ | | | Gopal Singh Sursingh Pratapsingh | | ___________________________|______ Prem Singh Balsingh | | | Gulab Singh Anand Singh Dhokal Singh | ___________|____ _________|__________ | | | | | | Himmatsingh P-5 Hanumansingh P-6 Mool Singh D-3 Deep Singh D-1 |___________________________________________ | | | | | | Shivjising D-4 Narainsingh D-2 Kalyan Singh Jorsingh Monsingh Agarsing P-1 P-2 P-4 | Dhulsingh P-32. Kalyansingh, Jorsingh, Dhulsingh, Monsingh, Himmatsingh and Hanumansingh who are all descendants of Pratapsingh sued Deepsingh, Narsingh, Moolsingh and Shivjisingh in ...
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