Court : Madhya Pradesh
Decided on : Oct-31-1949
Reported in : 1951CriLJ637
..... were recovered; of these, it is alleged, twenty-four were old. what it meant by old cartridges has not bean explained. the respondent was prosecuted under section 5, indore explosive substances act for being in possession of explosive substances without an explanation that he had them for a lawful object. the learned dist. mag. indore city convicted him under that ..... section & sentenced him to four months' rigorous imprisonment & a fine of rs. 100. on appeal the learned ses. j. acquitted him on the ground that the ..... hotel & believed that they might have be longed to pannalal. this fact cannot be expected to be proved. there can only be his word for it. a ct may act on the explanation of an accused if it believes it to be reasonbly true, see a.i.r. (20) 1933 p.c. 280 (sic) narayana v. emperor .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-16-1949
Reported in : AIR1950All369
..... be considered by a bench of two judges.2. the applicants are on their trial for an offence under section 5, explosive substances act. during the course of the trial, was tendered in evidence a report from the inspector of explosives. it was received in evidence and exhibited without any objection on the part of the defence, the result ..... was fixed as the date for the delivery of the judgment in the case. on 2nd august 1949, the assistant government pleader applied that the inspector of explosives be examined under section 540, criminal p. c, for the purpose of formally proving his report. the object of this application was, therefore, clearly to meet a technical objection ..... that the trial was closed when this order was made, and, therefore, the court had no jurisdiction to summon the inspector of explosives as a witness under section 640, criminal p. c. at that stage.4. section 540, criminal p. c., reads as follows:'any court may, at any stage of any enquiry, trial or other proceeding under .....
Tag this Judgment!Court : Orissa
Decided on : Jan-10-1949
Reported in : AIR1951Ori268
..... have undoubtedly a wider import.12. the question as to whether the determination of the boundary of a village (whether a boundary dispute existed or not) under section 13, madras survey & boundaries act, 1923 will affect title to a piece of land lying within the said boundary would depend very much on the nature of the claim to that land & ..... pltf. to claim arrear rent for the lands in dispute, (ii) the lower appellate ct. further erred in its interpretation of schedule 3, madras survey & boundaries act, 1923 & that the said section operates as a complete bar to the resp's claim of the disputed lands as part of his inam lands of village gurrebanda,7. point no. (i)-the ..... zamindar & not part of the inam lands of the resp. his finding was mainly baaed on some documents of the zamindar showing realisation of jeroyati rent in gurrebanda village from 1884 & also some documents exs. e. 2 b-l, r. 2 & e-l) signed by the resp's father himself showing payment of sent for jeroyati lands as distinct .....
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 : 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 : Privy Council
Decided on : Jan-11-1949
Reported in : AIR1949PC140
..... second revisional settlement set out below. [7] the second revisional settlement was made in 1922-23 under the provisions of the central provinces land revenue act (ii [2] of 1917). section 79 directs the preparation by the settlement officer of a village administration paper embodying, inter alia, "any other matter connected with the administration of the ..... estate, village or mahal which the provincial government may require to be included." [8] section 80 (i) gives liberty to any person aggrieved by any entry under s. 79, to institute a suit in the civil court, within one year from the ..... the proprietor, to have such entry cancelled or amended and provides that subject to the result of such suit, if any, the entry shall be conclusive. [9] section 201 (i) is in these terms : "any person bound by any rule or custom entered in the village administration paper who contravenes or fails to observe such .....
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 : 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 : 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 : Mumbai
Decided on : Jan-11-1949
Reported in : (1949)51BOMLR770
..... judgment in vellaiyappa chetty v. natarajan (1931) l.r. 38 indap 402 has stated that verses 1 and 2 inc. i, section 12 of the mitakshara, which relate to a sudra son make no mention of maintenance where the father has left no property to ..... a concubine possessing a peculiar status therein.in roshan singh v. balwant singh their lordships, after referring to the third verse of section 12 of the mitakshara, which deals with the rights of an illegitimate son of a father belonging to the higher castes, stated ..... the position assigned to an illegitimate son of a sudra by the texts. mitra misra in the viramitrodaya (c. ii, pt. ii, section 23, shastri's translation, ed. calcutta 1879, p. 130) has interpreted the texts thus:from the use of the term 'a person ..... 51 : 2 bom. l.r. 529. in hargobind kuari v. dharam singh i.l.r. (1884) all. 329 in accordance with the last sentence in the third verse in section 12 of the mitakshara it was held that an illegitimate son was entitled to maintenance so long as he .....
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