Court : Mumbai
Decided on : Feb-17-1949
Reported in : (1949)51BOMLR955
..... (1866) 5 w.r. (cr) 80 that the law relating to accomplice evidence was the same in india as in england. then came the indian evidence act which by section 133 enacts thatan accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of ..... of an accomplice supported only by the confession1 of a co-accused. their lordships whilst not doubting that such a conviction is justified in law under section 183 of the evidence act, and whilst appreciating that the coincidence of a number of confessions of co-accused all implicating the particular accused, given independently, and without an opportunity ..... a confession of a co-accused is obviously evidence of a very weak type. it does not indeed come within the definition of 'evidence' contained in section 8 of the evidence act. it is not required to be given on oath, nor in the presence of the accused, and it cannot be tested by cross-examination. it is .....
Tag this Judgment!Court : Privy Council
Decided on : Feb-17-1949
Reported in : AIR1949PC257
..... confession of trinath as sufficient corroboration of the evidence of the approver. this involves consideration of the position of the confession of a co-accused under indian law. section 30, evidence act, enacts : "when more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some ..... , however, provides that the court may take the confession into consideration and thereby, no doubt, makes it evidence on which the court may act; but the section does not say that the confession is to amount to proof. clearly there must be other evidence. the confession is only one element in the consideration of ..... evidence given in the sessions court. some discussion took place in the high court as to whether under s.157, evidence act the court could use the statement made by the approver under s. 164, criminal p. c. section 157 is in these terms : "in order to corroborate the testimony of a witness, any former statement made by such .....
Tag this Judgment!Court : Orissa
Decided on : Feb-21-1949
Reported in : AIR1950Ori241
..... standing in kind of fiduciary relation to each other as principal and agent in the way in which the present plaintiff and his sheristadar are related. sections 211 and 212, contract act, relating to the duty of an agent to the principal has to be borne in mind in judging whether or not the loss occasioned by ..... are required for purposes of execution and decrees, the indent and the pay-slip after being prepared in the office and checked by the head clerk of the section go to the sheristadar who sanctions them for payment. the concerned clerk draws the money thereupon and after utilising the money and filing the execution petition prepares the ..... circumstances. the plaintiff-maharaja in the coarse of administration of his estate and collection of rents, obtains decrees for arrears of rent as against defaulting tenants. one section of his office staff attends to the steps necessary to be taken for realisation of these decrees by execution in various courts. monies are drawn from time to .....
Tag this Judgment!Court : Chennai
Decided on : Feb-21-1949
Reported in : AIR1951Mad746
..... can be of real circumstantial evidence of his connection with the crime. 11. in india the same principles have been embodied in the statutory form. section 133, evidence act reads as follows:'an accomplice shall be a competent witness against an accused person; & a conviction is not illegal merely because it proceeds upon the ..... the learned judges in regard to the scope of corroborative evidence are left untouched. at p. 396, the learned judges state the law as follows:'section 133, evidence act, states that an accomplice shall be a competent witness against an accused person & a conviction is not illegal merely because it proceeds upon the uncorroborated ..... to be inferior to the evidence of one approver corroborated by the evidence of another,'we respectfully agree with these observations. if this principle is accepted section 30, evidence act, does not become nugatory. there will be very many circumstances when the co-accused's confession could be & should be taken into consideration by .....
Tag this Judgment!Court : Chennai
Decided on : Feb-21-1949
Reported in : (1949)2MLJ428
..... to that of the evidence of one approver corroborated by the evidence of another.we respectfully agree with these observations. if this principle is accepted, section 30 of the evidence act does not become nugatory. there will be very many circumstances when the co-accused's confession could be and should be taken into consideration by ..... learned judges in regard to the scope of corroborative evidence are left untouched. at page 396, the learned judges state the law as follows:section 133 of the indian evidence act states that an accomplice shall be a competent witness against an accused person and a conviction is not illegal merely because it proceeds upon the ..... can be of real circumstantial evidence of his connection with the crime.7. in india the same principles have been embodied in the statutory form. section 133 of the indian evidence act reads as follows:an accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-22-1949
Reported in : AIR1952Cal355
..... of a risk a contract is entered into between the insurer & the insured though that contract cannot be enforced unless & until a particular event has happened (vide section 82, contract act). an insurance company has to make provision for meeting the liability if it actually accrues on the happening of a particular event. the primary source of income of ..... in syud tuffazal hossein khan v. baghoo nath, 14 m.i.a. 40, that the expective claim under an inchoate award was not property within the meaning of section 205 of act viii [8] of 1859 (now repealed) & was not saleable in execution of a decree:'an existing debt, though payable at a future day, may be attached, ..... ., bancharam v. adya nath, 36 cal. 936, jenkins c. j. & mookerjee j. made it clear & applied the ordinary meaning of the word 'debt' in interpreting section 4. succession certificate act, (vii [7] of 1889) :'a sum of money which is certainly & in all events payable is a debt without regard to the fact whether it be payable now .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-22-1949
Reported in : AIR1949Bom402; (1949)51BOMLR788
..... mr. dharap, the provisions contained in the consent decree do not and cannot constitute a lease because they do not conform to the provisions of section 107 of the transfer of property act. that section lays down the mode of making leases mentioned therein and it provides that 'a lease of immoveable property from year to year, or for any ..... . but the executing court must give effect to the provisions of the law, and one of the provisions of the law is that contained in section 49 of the indian registration act which will not permit any document which is com-pulsorily registerable and which has not been registered to affect any immoveable property comprised in that document.8 ..... all leases are compulsorily registrable we cannot cut down that directive of the legislature and apply it merely to leases of a particular kind enacted in section 107 of the transfer of property act.5. there seems to be no reason in principle why a lease cannot be made by parties arriving at a compromise of a suit and .....
Tag this Judgment!Court : Orissa
Decided on : Feb-22-1949
Reported in : AIR1951Ori342
..... & putting it in the possession of his of his successor appointed by them. this power is however exclusively vested in the revenue officers by section 58, c. p. t. act & section 95 of that act expressly bars the jurisdiction of the civil ct. over such matters. there is no other consequential relief that; the pltfs. could pray for & ..... of service were left to be regulated by village customs which were embodied in the wazib ul arz prepared by the settlement officer under section 79 of that act which by virtue of section 82 of that act should be presumed to be correct. but the lambardar is not an independent authority. his appointment & dismissal rests with the revenue ..... cannot be said that the province of orissa is not a proper party. secondly, it was urged that a declaratory suit of this type is barred by section 42, specific relief act, , inasmuch as the pltfs. have not prayed for any consequential relief. strictly speaking, no consequential relief can be validly prayed for in the civil ct .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-22-1949
Reported in : AIR1952Cal414
..... must be held that the amount in question was not an item of capital expenditure but was a revenue expenditure allowable as an admissible deduction under section 10 (2) (xii), income-tax act, as it stood before its amendment in 1946. the question raised must therefore be answered in the affirmative. the assessee respondent is entitled to ..... out to mr. mitchell-innes. wholly & exclusively for the purposes of the business was a revenue expenditure so as to-be allowable as an admissible deduction under section 10 (2) (xii), income tax act (as it stood, before its amendment in 1946).'2. messrs. piggot chapman & co. is a firm of exchange brokers mr. mitchell-innes & mr. ..... the answer as to whether such payment is an item of revenue . expenditure or a capital one.7. section 10, income tax act indicates the method for calculating the profits or gains of a business. sub section (2) of that section recites a number of allowances of which only clause (xii) is relevant for our present purpose. the .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-22-1949
Reported in : [1949]17ITR331(Cal)
..... by the judicial committee in syud tuffussool hossein khan v. rughoonath pershad, that the expectant claim under an inchoate award was not property within the meaning of section 205 of act viii of 1859 (now repealed) and was to salable in execution of a decree. 'an existing debt, though payable at a future day, may be ..... contract is entered into between the insurer and the insured though that contract cannot be enforced unless and until a particular event has happened ( vide section 32 of the indian contract act). an insurance company has to make provisions for meeting the liability if it actually accrues on the happening of a particular event. the primary ..... banchharman majumdar v. adyanath bhattacharjee, jenkin c.j., and mookerjee, j., made it clear and applied the ordinary meaning of the word 'debt' in interpreting section 4 of the succession certificate act (vii of 1889) : 'a sum of money which is certainly and in all events payable is a debt, without regard to the fact whether it .....
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