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 : Dec-30-1949
Reported in : AIR1950P& H172; 1950CriLJ888
..... kind at the instance of the jamiat-ul-ulema or any other body. but the question still remains whether this detention order has been lawfully made under section 3 of the act.8. section 3 (1) deals with power to arrest and detain suspected persons and it says:the provincial government, the district magistrate...if satisfied with regard to ..... of enmity or hatred between different classes of his majesty's subjects.'10. in this respect the action of the executive certainly is dehors the object of section 3 of the act and it could not legally be used for the purpose for which it has been used. in my opinion, therefore, the detention of saifi kashmiri is ..... , according to him, were objectionable from 'communal point of view,' then it was open to him to take action against saifi under section 153a, penal code or under section 108, criminal p.c. the act is not intended to suspend the ordinary criminal tribunals o the land or prevent them from exercising their ordinary jurisdiction. see bajirao v. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-29-1949
Reported in : [1950]18ITR951(P& H)
..... that the words' according to the usage and practice of the country or the law for the time being in force' in sub-section (2) of section 106 which qualified the words 'any act ordered or done in the collection of revenue' does not empower the court to examine the circumstances of a case in order to ascertain ..... a civil prison, and as this had not been done the order of the collector was unsustainable in law. but because of the provisions of section 226 of the constitution act the application under section 491 of the criminal procedure code was not maintainable because (a) the high court was exercising original jurisdiction, (b) in ordering the arrest of the assessee ..... decree or order made in exercise of original jurisdiction. that orders in company matters do not differ in substance from decrees in suits, is shown by section 199 of the companies act providing that such orders shall be enforced in the same manner in which decrees in the suits may be enforced. the present order of the high .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-29-1949
Reported in : 1950CriLJ908
..... witness box and i should think he is in fact pretending to be dumb.on the facts stated by the committing magistrate, the case does not come within section 841, criminal p.c. section 341 reads:if the accused though not insane, cannot be mode to understand the proceedings, the court may proceed with the enquiry or trial; and, in ..... hard of hearing but that be is intelligent enough to understand the nature of the proceedings against him.4. how, in forwarding the proceedings to the high court under section 341 the court below is re- quired to make a report of the circumstances of the case and to record a finding as to whether the accused can understand ..... 16th and 17th march 1949. in the court of commitment evidence was examined between 14th may 1949 and 7th september 1949. on l1th september 1949 maru accused was examined under section 842, criminal p.c. by his order dated 12th september 1919, the committing magistrate found 'considering the case on the whole, it is quite apparent to me that a .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-05-1949
Reported in : 1950CriLJ1316
soni, j.1. five persona, tehl chand ran-dhawa, bharat bhushan, (miss) amla boy, (miss) janak and durlab singh were detained in delhi jail under the punjab public safety act. they put in applications for writs of habeas corpus addressed to this court and delivered them to the jailor, delhi. the jailor on his pact forwarded these applications to the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-01-1949
Reported in : AIR1950P& H268; 1950CriLJ1326
..... rejected the same. in the lahore ease in the column of description of offence the only thing mentioned was '5 i. m. v. act' which presumably meant section 6, motor vehicles act. that section, however, creates four distinct offences and it was not at all clear which of those four offences the accused was charged with. in the ..... province of east punjab to the province of delhi in contravention of the foodgrains (movement control) order, 1946, and thereby having committed an offence under section 7, essential supplies (temporary powers) act (act xxiv [24] of 1946). each of the petitioners was tried summarily under chap. xxh, criminal p.c. and was convicted by the trying ..... export, if not of the offence of actual exporting.4. the third point urged in support of these petitions was that the provisions of section 11, essential supplies (temporary powers) act had not been complied with in that there was no report by a public servant. this point apparently has been raised under a misapprehension, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-01-1949
Reported in : AIR1950P& H167; 1950CriLJ884
..... be sufficient to make him a public servant.4. the learned advocate-general also submitted that a person who is expecting to be a public servant will be covered by section 161. of that again there is no proof nor a finding to the effect that the petitioner was a person who was expecting to be a public servant.5. in ..... orderkapur, j.1. this was a rule directed against an order passed by a learned magistrate of karnal whereby he convicted harbilas, petitioner, for an offence under section 161, penal code, and sentenced him to rigorous imprisonment for six months and a fine of b3. 300. the petitioner went up in appeal to the sessions judge, karnal, who .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-29-1949
Reported in : AIR1952P& H82
..... sobha singh from the defendants. now, this is the evidence of conduct, which if the terms of the lease deed are ambigu us would baeome relevant under section 92, proviso 6, evidence act, which is admissible for the purpose of construing the document. the conduct of the parties during the long course of years is in my opinion a material element ..... has put it in bis law of evidence at page 680 :'the subsequent court not of the parties to a document can be legitimately looked at under section 92 proviso (6), evidence act, for the purpose of ascertaining o what pereons a things the expressions used therein were intended to apply. but if the terms of a document are not ..... a portion of the premises now in dispute but, this evidence of conduct can only be relevant if the terms of the deed itself are vague under section 92, proviso (6), evidence act, if a document is cbscurely framed cr if any of ita clauses contains a real ambiguity, evidence of the conduct of the parties is admissible to construe .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-29-1949
Reported in : AIR1950P& H209; 1950CriLJ1005
..... sons came and they had a right to defend their father from attack by three persons who -were at him. therefore, they cannot be held guilty of an offence under section 803.4. from the evidence it is not possible to know as to who had the sharp edged weapon with which injuries on the deceased were caused. two persons are ..... at in the case ia that the three appellants were guilty of causing simple injuries.6. the next question is whether they are guilty under section 323, penal code or section 324. they would be guilty under section 323u hurt is caused by means ... of any instrument which, used as a weapon of offence, is likely to cause death....a lathi has been ..... kehr singh was arrested the next day, that is, 3rd of july. they were put up for trial before the sessions judge of feroze. pore who has convicted them under section 305, read with section 81, for the murder of kartar singh and sentenced them to transportation for life. he also sentenced them to two years' rigorous imprisonment under .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-23-1949
Reported in : AIR1950P& H271; 1950CriLJ1335
..... of the allahabad high court was called upon to construe the provisions of the u. p. maintenance of public order (temporary) act (iv) [4] of 3947). he expressed the view that the provisions of section 5 are mandatory, and non-compliance with the said provisions makes the further detention illegal or improper. he was of the opinion that ..... to the detenu, but it was clearly his duty to comply with the statutory formalities as soon as the act of 1949 was published in the government gazette of the east punjab. the language of sub-section (5) of section 8 is be clear- and unambiguous that it was not necessary for the provincial government to issue any ..... of the application is that although several months have elapsed since the punjab public safety act. 1949 was enacted, the district magistrate has not cared to comply with the provisions of sub-sections (4) and (fi) of section 3 of the said act.3. these sub-sections are in the following terms:(4) no person shall, unless the provincial government .....
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