Court : Rajasthan
Decided on : Nov-01-1949
Reported in : AIR1950Raj20
..... that although error in a decision of a subordinate court does not by itself involve that the subordinate court has acted illegally or with material irregularity bo as to justify interference in revision under sub-section (c) nevertheless if the erroneous decision results in the subordinate court exercising a jurisdiction not vested in it by law ..... of the privy council in the above two recent cases has thrown fresh light on the interpretation of section 115 of the code. the question which therefore arises in this case is whether the lower court has acted contrary to the provisions of any law or has committed some error of procedure as pointed out by ..... in the second case their lordships observed : 'it will be observed that the section applies to jurisdiction alone, the irregular exercise or non-exercise of it, or the illegal assumption of it. the section is not directed against conclusions of law and (act in which the question of jurisdiction is not involved.' both these decisions were again .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-31-1949
Reported in : AIR1950Raj15; 1950CriLJ499
..... witnesses implicitly. there is nothing on the record of the court below for me to hold otherwise. the applicant, in the circumstances, has rightly been convicted under section 18 (1) of central act, xxiii [23] of 1931, and sentenced to undergo one month's simple imprisonment. the sentence certainly is by no means excessive and, if at all, errs ..... the applicant in revision before the court is that since the search of the house of the applicant was made without obtaining a warrant as required under section 16 (2) of the act no adverse inference whatsoever be drawn against the appli-oant. he has in thia connection drawn my attention to the ruling reported in nrisingha chandra v. ..... towards his majesty or the said government.3. the contents of the documents have been read out in court, and certainly offend against the provisions of section 4 (1) of the act. the contents in question have been described in the judgments of the trial court and the court below in full and need not be reiterated. the .....
Tag this Judgment!Court : Orissa
Decided on : Oct-28-1949
Reported in : AIR1950Ori114; 15(1949)CLT123
..... the province of orissa to howrah. but there in one important distinguishing feature between that case and the present appeal. in that case the prosecution was under section 7 read with section 17 of act xxiv [24] of 1946 whereas in the present appeal the prosecution is for an offence under rule 81 (4), defence of india rules. rule 121, ..... expired, the liability for any penalty for contravention of any of the rules or orders made thereunder still continues to exist by virtue of the amendment made to sub-section (4) of section 1, defence of india rules, by ordinance xii [12] of 1946.5. the advocate-general's main contentious were that there was no conflict between the impugned ..... defence of india rules says clearly that the doing of any act preparatory to a contravention of any of the provisions of the said rules shall be deemed to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-28-1949
Reported in : AIR1950P& H155; 1950CriLJ736
..... on 22nd july 1949 and a process was issued to the three accused persons. on 10th august 1949, mr. ishwar dass khanna, advocate, filed an application under section 205, sub-section (1), criminal p.c. praying for exemption from personal attendance in court of all the three accused. on that occasion, h. p. bhattacharjee, accused 3 was ..... the dispute and passed an order without carefully considering the matter.5. on 23rd august 1949, a petition was filed in this court for quashing of proceedings under section 5614, criminal p.c. i have heard the learned advocate for the three petitioners, who are officers holding various officers in the sentinel assurance company ltd. after ..... have said before, the complaint does not disclose the commission of any offence and i would like to add that in cases of this kind criminal courts should act with the greatest amount of care and caution because unless they are very careful, process of criminal courts is likely to be abused and many respectable persons may .....
Tag this Judgment!Court : Chennai
Decided on : Oct-28-1949
Reported in : AIR1950Mad379
..... respondent in an appeal cannot reopen, by a cross-appeal, a decision which has been passed between him and another co-respondent. at first sight the terms of the law. section 348, act viii (8) of 1859, are wide enough to permit a respondent in an appeal to take any objection to the decision of the first court, as if he had ..... -appeal on the ground that no written memorandum had been filed.7. in 1877 the code of 1859 was replaced by another, act x [10] of 1877. the section corresponding to section 348 of the code of 1859 was section 561, which ran thus:'any respondent though he may not have appealed against any part of the decree may upon the hearing not ..... his pleader, and, if it had been allowed to stand, might possibly have formed a good ground for adopting the narrower construction of the section. but it was not allowed to stand. it was repelled by act xii (12) of 1879, which substituted the following clause 'provided he has filed a notice of such objection not less than seven days before .....
Tag this Judgment!Court : Orissa
Decided on : Oct-27-1949
Reported in : AIR1950Ori123
..... auction sale. to achieve this object it was not possible for the mahant to bid at the auction himself, as that would be contrary to the provisions of section 227, orissa tenancy act. mr. rao's contention is that even admitting this premise to be correct, defendant 1 shall not be permitted to take advantage of the sale as ohintamoni had ..... alleged mistress and discovered this easy way of parting with some of the math properties by bringing about the rent sale. this view gains support from the mahant's previous act, namely, the execution of a will on 3rd september 1934, whereby he provided for certain properties of the math to be in the exclusive enjoyment of defendant 6 for ..... luckee narain v. taramoni dossee, 3 w. r. 92, for the position that after fraud has been perpetrated no party to the fraud can take advantage of his own act and that the real owner shall not be permitted to challenge the title of the ostensible owner if a benami conveyance was executed in order to perpetrate a fraud. this .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-27-1949
Reported in : AIR1950Raj10
..... by him on matters other than those which were put to him, was unreliable. in a way, there is some force in this contention. according to section 145, evidence act, if it is intended to contradict a witness, he must be cross examined as to the previous statements in writing and his attention must be drawn to ..... explain the inconsistency between the statement in court and the previous statement. even where this course is followed, the previous statement unless relevant under some section of the chap 2, evidence act, is not substantive evidence and is admissible only for the purpose of impeaching the credit of the witness. from the trend of the cross examination ..... convicted and sentenced him to three years rigorous imprisonment. two other persons were also tried by the learned sessions judge, namely, parmanand bharti under section 323, penal code and ganpat bharti under section 339, penal code, but both of them have been acquitted and in this appeal, we are not concerned with them.2. this case .....
Tag this Judgment!Court : Privy Council
Decided on : Oct-27-1949
Reported in : AIR1950PC39
..... hobson, the respondent's assessor, visited the premises and after doing so said that a very short examination of the large boiler setting showed there bad been a furnace explosion of considerable violence. moreover, mr. watson, the fire loss adjuster for the fire insurance companies which had insured the premises and mr. jones, the alberta provincial boiler ..... it reaches first shall depend the commencement of liability determined with respect to 7th midnight." 6. both accident and object are defined in the policy and admittedly accident includes explosion, and the boiler referred to is an object within the meaning of that term in the policy. 7. the policy also provides : "(f) commencement of liability: ..... the telegram sent by wilkinson to his head office at brown's request in as much as in forwarding the notice he must be held to have been acting on behalf of the appellant company. 11. but these are technical matters and the substance of the case lies rather in the contention as to the true .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-26-1949
Reported in : AIR1950All241
..... the learned magistrate accepted the respondent's contention and acquitted him ; hence this appeal.4. we do not agree with the interpretation of section 12 of the act by the learned magistrate. section 12 is:'every employee of a shop or commercial establishment except a watchman or care-taker shall be allowed by the employer in each week ..... the respondent's failure to allow one day's holiday in a week to his employees amounted to a contravention of the provisions of section 12, u. p. shops and commercial establishments act (act xxii [22] of 1947). the defence of the accused was that he did not contravene these provisions in so far as his employees ..... magistrate was wrong in holding otherwise.11. we, therefore, allow the appeal, set aside the order of the learned magistrate and convict the respondent under section 12 of the act.12. there is the evidence on record that the respondent was repeatedly warned by the authorities in this respect and that the respondent disregarded those warnings, .....
Tag this Judgment!Court : Chennai
Decided on : Oct-26-1949
Reported in : AIR1950Mad320
..... succeeded in the court below.2. it is argued for the appellant that the mother does not satisfy the definition of 'guardian' in section 4, sub-section (2), guardians and wards act and that her petition under section 25 of the act is not therefore maintainable. the point made is that she is not a person in truth and in fact having the care of ..... argued next that a de jure guardian not proved at one time to have had the physical care or custody of the girl, is not entitled to apply under section 25 of the act complaining of removal and asking for return of the ward to the applicant's custody. there again the same ruling is in point and adverse to the appellant ..... deliver the child to its natural guardian when asked to do so by the latter amounts in effect to a removal from his custody and be can therefore apply under section 25 of the act.4. it is lastly argued that although the welfare of the child is the paramount factor for the consideration of the court as made clear by .....
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