Court : Punjab and Haryana
Decided on : Mar-24-1949
Reported in : 1949CriLJ834
..... with section 302 of the code ..... b. 19 (c), arms act cr in the alternative under section 114, penal code read with section 19(c), arms act,, under section 19 (f), arum act, under section 5, explosive substances act cr in the alternative under section 5, explosive substances act read with section 6 of the act, under section 4(b), explosive substances act read with section 6 of the act, under b. 6, explosive sub-stances act read with section 6 of the act, under section 115, penal code read .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-07-1949
Reported in : 1949CriLJ573
..... the said shop himself and it was on 26th jane 1948 that the respondent put his own lock on the aforesaid premises.3. the resident magistrate, thereupon, acting under section 145(1), criminal p.c., passed the preliminary order which reads.whereas i am satisfied from the information placed before me by bishambar nath applicant that then ..... of the 'express motor garage' should be restored to the parties, they being in joint possession. on the rinding that the application was not competent within the meaning section 145, criminal p. g., the resident magistrate bas no jurisdiction to direct that the possession of the 'express motor garage' should be restored to the parties, ..... decision of the magistrate proceeds upon the finding that the applicant had acquired no interest in the premises on the basis of the partnership deed. as stated above section 145, criminal p. c., is concerned solely with actual possession and the question how the party came into possession is not the matter for enquiry in .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-08-1949
Reported in : 1950CriLJ167
..... 82. : 44 cr.l.j. 337 to the facts of this case i find that the present case does not come within mischief of section 399, penal code, no evidence of any conspiracy to commit dacoity has been examined. there is no evidence in this case that any one ..... the intention and for the purpose of forwarding that design may justify the court in holding that there has been preparation within the meaning of the section.varma j. concurred with the opinion expressed by rowland j.8. now, applying the rule laid down in jain lai v. emperor a.i ..... passed and that of attempt has reached. but it is an offence under section 399 to make any preparation for committing dacoity. no hard and fast rule can be laid down that any particular act or any particular kind of steps are necessary to constitute 'preparation'. the essential ..... harnam singh, j1. the six appellants in this case have been convicted under section 399, penal code and sentenced to undergo five years' rigorous imprisonment each.2. the prosecution case is .....
Tag this Judgment!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 : 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 : Punjab and Haryana
Decided on : Jan-18-1949
Reported in : 1949CriLJ794
..... as evidence in the case.19. counsel next contends that the ownership of the articles baa not been proved in this case.20. now, the presumption permitted by section 114, evidence act does not arise until the prosecution has established three facts; namely, the ownership of the articles in question, the theft of those articles, and their recent possession ..... so, i hold that the possession of the articles recovered from mehnga singh and vir singh convicts on 19th december 1947 was recent within the meaning of section 114, illustration (a), evidence act, in this view of the case, i maintain the convictions and sentences mehnga singh and vir singh. they were released on bail by ram ball, c ..... of statements made to a police officer in the course of an investigation. therefore it is in terms excluded by section 162.14. in my view, no elaboration of this point is necessary for 8. 119, evidence act provides:a witness who is unable to speak may give his evidence in any other manner in which he can .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-24-1949
Reported in : 1950CriLJ177
..... his behalf, so that arguments had necessarily to come for the most part from the bench; but finally they resolved themselves into a question of the interpretation of section 9, evidence act. it is, we think, correct to state generally that an accused must be convicted upon evidence recorded by a judge in the course of the trial by him ..... in the course of identification proceedings in the jail is not admissible.29. in the first place this judgment does not proceed upon the consideration of the provisions of section 9, evidence act, and in the second place, the witness in that case had stated at the trial that he could identify no one. with great respect, i am constrained ..... . in bindeshri v. king-emperor a. i. r (14) 1927 all. 163 : 27 cr.l.j. 1358, bannerji j. held :i am not aware of any section of the evidence act, which makes the identifloation prooeedings evidence at all, the only evidence, therefore, before the court was the statement of birjhan that he was among the daooits.now it appears .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-09-1949
Reported in : 1950CriLJ344
..... should be quashed because there was delay in the filing of the original complaint.11. no other point has been argued before me. the learned sessions judge acting under section 436, criminal p.c., has exercised a discretion vested in him by law and it is not open to me to interfere with the exercise of that ..... that case were- that after the examination of the complainant and of one witness, the complainant withdrew his remaining witnesses, and allowed his complaint to be dismissed under section 253, criminal p.c. after the lapse of five months, the complainant again filed a renewed complaint on the same facts. the magistrate thereupon issued process against ..... make, and the district magistrate may himself make or direct any subordinate magistrate to make, further inquiry into any complaint which bas been dismissed under section 203, or sub-section (3) of section 204, or into the case of any person accused of an offence who has been discharged :provided that no court shall make any direction .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-21-1949
Reported in : [1950]18ITR33(P& H)
..... case of a non-resident, what income, profits or gains are deemed to accrue, or arise, or to be received in british india under the provisions of the act; and from section 42(1), we find that all profits or gains accruing or arising to a non-resident, whether directly or indirectly, through or from any business connection or property ..... , whether such income, profits or gains were received or deemed to be received in or brought into british india [within the meaning of section 14(2)(c) of the act], or whether section 42(3) of the act had any application. the question was not considered in this case, whether the assessees buying of the materials which he exported and sold was ..... tribunal in its order of reference and in their final form they are as follows :-1. is mere purchase of raw material an operation within the meaning of section 42(3) of the act ?2. can any profit arise out of mere purchase of raw material ?3. whether there was any material before the tribunal to hold what proportion of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-25-1949
Reported in : AIR1949P& H359
..... . it will suffice to quote only the observations of lord alverstone, c.j. in in re worsley `, which was a case under the english bankruptcy act, 3883, section 4, sub-section (1)(d). at p. 314 the learned chief justice said:in my opinion, when you find a shop is shut up, no address left, and ..... was raised only for the purpose of enabling the debtors to avail themselves of the benefit of section 25, provincial insolvency act. section 6 enumerates the acts of insolvency. section 7 provides thatsubject to the conditions specified in this act if a debtor commits an act of insolvency, an insolvency petition may be presented either by a creditor or by the debtor ..... . 3(c)(i) and accordingly made an adjudication order against both the debtors, jagan nath and piarey lai. jagan nath alone preferred an appeal under section 75, provincial insolvency act, before the district judge, delhi, who, in agreement with the insolvency judge upheld the latter's order and dismissed the appeal. jagan nath has now .....
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