Court : Punjab and Haryana
Decided on : Aug-13-1973
Reported in : AIR1974P& H130
..... in second appeal to this court. 3. the first contention raised by learned counsel for the appellant is that the doctrine of part performance embodied in section 53a of the transfer of property act was applicable to the case and that by reason thereof the plaintiff deserved to be non-suited. such a plea, however, is conspicuous by its absence ..... , limited, extended, extinguished or recorded. there is no scope for inclusion of a copy of a document as an instrument for the purpose of the stamp act. if section 35 only deals with original instruments and not copies, section 36 cannot be so interpreted as to allow secondary evidence of an instrument to have its benefit. the words 'an instrument' in ..... urged that exhibit d-1 can be looked into in spite of the insufficiency of the stamp duty paid in respect of it because of the provisions of section 36 of the indian stamp act which lays down: '36. where an instrument has been admitted in evidence, such admission shall not, except as provided in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-24-1973
Reported in : AIR1973SC2420; 1974MPLJ362(SC); (1973)2SCC478; [1974]1SCR274
..... shall be used for setting down and taking up of passengers. that can be done only under a provision like the one contained in section 68(2)(r) & (s) of the motor vehicles act.5. it is interesting to note that in this case the respondents as well as the municipal council had stated that the district ..... place of vehicles cannot be used to compel people use such land as halting places. such a power must be specifically given. compare this section with sections 270-b and 270-c of the madras district municipalities act, 1920, which read as follows :270-b. (1) the municipal council may construct or provide and maintain public landing places, halting ..... . it deals with levy of fees for permissions which are required to be taken for various purposes under other sections of the act. section 187(3) which deals with permission to erect, alter, add to or reconstruct buildings and section 194 which deals with permission to the owners or occupiers of buildings in public street to put up verandahs, .....
Tag this Judgment!Court : Delhi
Decided on : Nov-12-1973
Reported in : 1974RLR54
..... common intention to commit the crime had been conceived. the court will of necessity weigh the entire evidence establishing the participation in 'a criminal act' in order to determine whether vicarious liability within section 3 of the code had been incurred and if so by whom. (14) in the present case all the assailants were previously known to ..... the accused and incapable of explanationn on any other reasonable hypothesis.'(13) the result is that common intention within the purview of section 34 of the code may be established by proving direct act or acts of participation or on the basis of the total evidence which may lead to the only conclusion that the crime had been the ..... the victim suffered the knife injury. (15) it is urged that even then the said appellants could not have been convicted under section 326 of the code. their counsel submits that the court below acted erroneously in basing itself on the opinion recorded by dr. r. prasad who was never examined at the trial in.order to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-29-1973
Reported in : AIR1974P& H229
..... of the appeal. in c.m. 1919-c of 1973, the prayer was for condonation of delay or extension of time for filing the appeal under section 5 of the limitation act (hereinafter called the act) on the ground that delay in the presentation of the appeal had resulted from a bona fide mistake in preferring the appeal to the court of ..... suit or application was pending and prosecuted bona fide in the wrong court excluded as a matter of right, the remedy based on the principles of that provision under section 5 of the act in the case of an appeal is discretionary, and the court may condone the delay in filing an appeal in the correct court if the requirements of ..... fide. proof of sufficient cause for delay of each day in prosecuting the appeal after the period of limitation is a condition precedent to the exercise of discretion under section 5 of the act. sufficient cause has been consistently interpreted in judicial decisions to mean a cause which is beyond control of the party invoking the aid of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-17-1973
Reported in : AIR1974P& H91
..... filed a similar suit seeking to pre-empt the abovesaid sale. on february 28, 1966, ram chand plaintiff-appellant moved an application. exhibit p. 7 under section 28 of the preemption act (hereinafter refereed to as act) for getting both the suits concurrently decided. the trial court, vide its order. exhibit p. 8, issued notice to khem chand respondent no. 1, ..... no. 1 in his favour on march 18, 1966 would not make any different to the rights of ram chand plaintiff-appellant and that in view of section 17 of the act he would be considered entitled to succeed in his suit regarding half share in the suit land. in view of the abovesaid findings, the trial court decreed ..... by vendees of the suit property to khem chand, respondent no. 1 during the pendency of the appellant's suit was clearly hit by provisions of section 52 of the transfer of property act. in support of his submission he placed reliance on a supreme court decision in bishan singh v. khazan singh. air 1958 sc 838. for the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-1973
Reported in : AIR1974SC171; 1975(0)BLJR387; 1974MPLJ20(SC); (1974)1SCC3; [1974]2SCR90; 1973(5)LC911(SC)
..... the dismissal of her appeal, before the limitation for filling the suit under order 21, rule 103 had run out assuming this evidence was admissible under section 13 of the evidence act, it was inconclusive and had been out-weighed by the other determinative circumstances and the preponderating probability that the purchase money came from mst. hakimunnissa ..... older whereby mst. hakimunnissa is claim of her being the real owner of the attached house was dismissed, was a weighty piece of evidence admissible under section 13 of the evidence act, and, taken in conjunction with the judgment, dated 22-11-1950, vide ex.e(1)1 and the recitals in the deed, was sufficient to ..... trial court with some modification, was maintained. sahu then took out execution of his decree against the judgment-debtor, abdul karim. mst. hakimunnissa filed an application under section 47 (under 0.21, rule 57,) of the cpc claiming that tike attached house in plot 216 was her exclusive property and her husband had no right or .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-19-1973
Reported in : [1975]45CompCas16(Bom)
..... of the filled and empty tins and damages for the unexpired period of 50 years. the company filed complaint against the complainant and others under sections 78 and 79 of the trade and merchandise act alleging that the agreement had expired after one year and that the complainant had manufactured and expired after one year and that the complainant had ..... taking any action against them. all the accused have in committing this offence of cheating me acted in furtherance of common intention of each other and have aided and abetted each other. i, therefore, charge them under section 417 and 420 read with sections 34, 109 and 114 of the indian penal code and i request that this honourable court ..... could not be indicted under that section. 32. perhaps the true view appears to be what lord reid has stated : 'i think that the true view is that the judge must direct the jury that if they find certain facts proved then as a matter of law they must find that the criminal act of the officer, servant or .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-15-1973
Reported in : AIR1973SC863; 1973CriLJ636; (1973)1SCC512; [1973]3SCR328
..... 31. as pointed out by the judicial committee in mahbub shah v. king-emperor [1945] l.r. 72 indap 148, to invoke the aid of section 34 ipc it must be shown that the criminal act complained against, was done by any one of the accused persons in the furtherance of the common intention of all. if this is shown, anyone of ..... 3 and 4 at the time when sikander khan was shot at. it is not necessary, to attract section 34, that any overt act must be done by the particular accused. the section will be attracted if it is established that the criminal act has been done by anyone of the accused persons in furtherance of the common intention. if this is shown ..... is to be found in the existence of a common intention animating the offenders leading to the doing of a criminal act in furtherance of the common intention and presence of the offender sought to be rendered liable under section 34 is not, on the words of the statute, one of the conditions of its applicability.' as explained by lord sumner .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-15-1973
Reported in : AIR1973SC1073; 1973CriLJ850; (1973)3SCC647; [1973]3SCR313
..... if they so liked. on this application the counsel for the accused persons recorded a note opposing the suggestion and describing the allegation against the witnesses as baseless. section 540, cr. p.c., according to the defence counsel was inapplicable and he also declined to examine these witnesses in defence. the said witnesses were in these ..... the matter our anxious thought even though we hold that we find nothing improbable in the statements of these two eye-witnesses, we think it proper not to act on the uncorroborated testimony of these witnesses. we, there- fore, by the way of abundant caution give the appellants the benefit of the doubt. with these ..... son respectively of the deceased suresh singh and are in a sense chance witnesses. it is true that under the law there is nothing which prevents us from acting upon the testimony of these two eyewitnesses and upholding the conviction of the appellants, but rules of prudence and safety have to be taken into consideration. therefore .....
Tag this Judgment!Court : Delhi
Decided on : Apr-20-1973
Reported in : ILR1973Delhi459
..... merriman were charged jointly, on the first count of an indictment with wounding william parry with intent to do him grievous bodily harm contrary to section 18 of the offences against the person act, 1861 frank merriman pleaded guilty to the charge but the respondent john michael merriman stood his trial. it was alleged by the prosecution that frank ..... and b are charged with murder of c, a as having himself done the act of killing and b as being liable for the offence by virtue of section 34 the fact that b is acquitted is no bar to the conviction of a under section 302. the fact that common intention is not established is no bar to the ..... are acquitted, if it accepts the evidence that the said accused acted in concert along with persons, named or unnamed, other than those acquitted, in the commission of the offence'.(40) in the case of prabhu babaji navle (supra) the appellant was charged under section 302 read with section 34, with four named persons. the four others were acquitted. .....
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