Court : Punjab and Haryana
Decided on : Apr-27-1949
Reported in : [1949]17ITR406(P& H)
..... in their opinion been fully rebutted. the second ground on which they based their answer had reference to the language of the proviso to sub-section (2) of section 4 of the indian incomes-tax act as it then existed. of course, this second ground can no longer be said to be a live ground by reason of the rastic ..... to in the above-mentioned judgment in certainly not a presumption of law but is quite obviously a presumption of fact such as is contemplated by section 114 of the indian evidence act. where an assessee having business connections abroad which any result in profit has received remittances from out of the funds of the business carried on by ..... to follow the view expressed in ramaswami pillai v. commissioner of incomes-tax, madras. on an application by the commissioner of income-tax presented under section 66 of the indian income-tax act the appellate tribunal has stated a case and has referred the following question of law to this court for decision :-'whether on the facts proved or .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-03-1949
Reported in : 1950CriLJ174
..... parsinni, the conviction and sentence of mehnga singh under section 307, penal code, for the attempted murder of parsinni, p.w. 2, are, therefore, maintained with the order that the sentence of rigorous imprisonment for four years under ..... i do, that mehnga singh conviot commitlied the murder of dipo in a moment of extreme excitement and in a fit of rage, i, while maintaining his conviction under section 302, penal code, hold that the lesser sentence of transportation for life is the appropriate sentence in this case.15. again, mehnga singh has been convicted under ..... section 307, penal code, for the attempted murder of parsiuni, p.w. 2. as stated above, mehnga singh admitted at the trial that be inflicted injuries on the person of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-12-1949
Reported in : AIR1950P& H25; 1950CriLJ459
..... or the accused, has any 'right in any particular form of procedure within the meaning of the word used in b. 6 (e) of the central act and section 4 (e), punjab act. three cases have been cited which actually relate to sessions oases. the first of these, which was cited by the learned advocate general, is srinivasachari v. ..... or enforced, and any suoh penalty, forfeiture or punishment may be imposed as if the -repealing aot or eegulation bad not been passed.the opening words of section 4, punjab general clauses act, i [l] of 1898, are:where this aot or any punjab aot repeals any enatitment then, unless a different intention appears, the tepeal shall notand ..... october 1948 notification no. 7146 h dated 22nd october had appeared to the following effect :in exeroise o the powers oonferred by el. (b) of section 2, punjab publio safety act, 1947, and all other powers enabling him in this behalf, the governor of east punjab is hereby pleased to cancel the following notifications.then follow3 a .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-12-1949
Reported in : 1950CriLJ3
..... btated above, admittedly the panchayat shikar, puri biradri was not wrongfully and forcibly dispossessed so as to bring the case within the first proviso to sub-section (4) of section 145 which requires that dispossession should be forcible and wrongful. the argument assumes that sita ram obtained possession of the chaubara on 22nd february 1948 on ..... of the preliminary order and the case did not fall within the first proviso to sub-section (4) and that being so the magistrate was not competent to restore to possession the panchayat shikarpuri biradri for the panchayat shikarpuri biradri had not been forcibly ..... until evicted therefrom in due course of law and forbidding all disturbance of possesaion until such eviction, and when he prooeeds under the first proviso to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed.as stated above, sita bam was in actual possession of the chaubara on the date .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-19-1949
Reported in : AIR1950P& H66; 1950CriLJ581
..... supervenes after the aot of acquisition of posses-sion, while in the latter dishonesty is contemporaneous with the act of acquisition. the aot of dishonest removal within the meaning of section 379 of the code constitutes dishonest reception within section 411 and that being bo the thief does not commit; the offence of retaining stolen property merely ..... by continuing to keep possession of the property he stole. in najibullah khan v. emperor 18 p. e, 1884 or., plowden j. observed:to ..... 28. with very great respeofc i follow the rule laid down in the authorities cited above and get aside the conviction and sentence of pah bar singh under section 411 and acquit him of that offence.29. pal singh has not appealed against hie conviction and sentence to this court but the record is before me. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jun-06-1949
Reported in : AIR1949P& H370
..... of the capital of companies as well as questions of wide public importance in which the subject-matter in dispute cannot be reduced into actual terms of money. sub-section (c) of section 109, civil p.c., contemplates that such a state of things exists, and, rule 3 of order 45, regulates the procedure.8. again in udoy ghand parma lal ..... sons, limited, refused to accept them. correspondence ensued between messrs. jallan and sons, limited, on the one side and the railway on the other side resulting in a notice under section 80, civil p.c. by messrs. jallan and sons, limited, delhi, upon the appropriate railway authority. the suit out of which the present proceedings have arisen was instituted on 80th ..... harnam singh, j.1. this is an application under order 45, rule 2, civil p.c., as amended by federal court (enlargement of jurisdiction act, 1948, for a certificate for leave to appeal to the federal court of india from an order passed by a division bench of this court in regular first appeal no. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-04-1949
Reported in : AIR1950P& H150; 1950CriLJ725
..... six items mentioned above could be said to contain an incitement to violence or disorder. it was, however, argued that they naverthelesa came within the mischief of section 4 (1), press act,11. although incitement to violence or disorder has been held not to be an essential ingredient of the offence of sedition in india the provisions of the ..... and two are editorial comments. it was alleged that the subject-matter of these articles and news items fell within clauses (b), (d) and (h) of section 4 (1), press act. the petitioner's application is directed against the order of forfeiture parsed by the chief commissioner of delhi and it is contended in the petition that the articles ..... and news items objected to are harmless and they do not come within the purview of section 4 (1), clauses (b), (d) and (h), press act and in any case the exceptions to section 4 cover the petitioner's case,2. it must be mentioned that the petitioner was on a previous occasion asked to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-04-1949
Reported in : 1950CriLJ149
..... to aggregate sentence of five years and nine months' rigorous imprisonment. on appeal which was heard by bhide j. the conviction was upheld on all other counts excepting under sections 491 and 193 and his sentence was reduced to a total of 3i years. it may be pointed out that along with him his two brothers balraj singh and bhagttt ..... of the confidence that has been reposed in him. but when after full and fair trial he stands con-victed of such wrong doing as demonstrates his unfitness to act as a pleader-an officer in courts of justice-and hi3 license as such has been revoked, if he petitions for reinstatement, the onus is on him to establish ..... the matter was placed before tek chand j. and on 16th april 1931 he ordered that as the material placed was not sufficient for taking action under the legal practitioners act, no further action need be taken. on 19th may 3981 one naghar singh made a complaint againt raghbir singh alleging professional misconduct of taking money from him and not .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-08-1949
Reported in : AIR1949P& H372
..... -fee and jurisdiction?'3. the learned judge relied on a correction slip which relates to the manner of determining the value of the suit for the purpose specified in section 9, suits valuation act and which is in the following words:suits, in which the plaintiff in the plaint seeks to recover the amount, which may be found due to the plaintiff ..... this order and i have heard mr. m.l. sethi for the respondent in this case. he first urges that no revision lies against the order and relies upon section 12, court-fees act. i am unable to agree with his submission on this point. an issue was framed with regard to the value for the purpose of court-fee. a decision ..... learned judge found what the value for purposes of jurisdiction and court-fee was. if in coming to that decision the learned judge has committed an irregularity which comes within section 115, civil p.c., i think a revisional court will be justified in interfering at this stage.5. in my opinion, if i may say with great respect, the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-02-1949
Reported in : AIR1950P& H53; 1950CriLJ480
..... to bail for treason nor shall such person be admitted to bail except by order of his majesty's secretaries of state.in the criminal appeals act of 1907, (7 edw. vii, chap. 23, section 14(2)) similar words have been used:the court of appeal may, if it thinks fit, on the application of an appellant, admit the ..... the two petitioners were partners of a firm known as the national iron & steel works and that they had been guilty of offences punishable under sections 7 and 10 of the above mentioned act by (1) selling six black sheets of iron to one prem nath. the memorandum signed by prem nath showed that spades and not sheets had ..... the expression 'admit to bail' has been employed in a similar sense, e. g., by b. 5, sub-section (2), coroners act, 1887, coroners may 'admit to bail persons charged with manslaughter,' and by the municipal corporations act, 1882, section 227, a borough constable 'may admit to bail persons charged with petty misdemeanours and brought into his custody.' i cannot .....
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