Court : Allahabad
Reported in : AIR1936All788; 165Ind.Cas.769
..... of a mukhia to supply true information and not supply false information in all cases, but to make it his legal duty, his act must be brought within the four corners of this section taking this section as it stands, it only enjoins upon him the duty of communicating information which he may possess respectingthe occurrence of any sudden or unnatural ..... of a police officer.24. i may point out that complaints of public servants and of courts under section 195 are now treated like reports of a police officer for the purpose of section 200, and by sub-section (aa) introduced by act 18 of 1923 in such cases the complainant need not be examined upon oath. the question has also ..... in the court of the sub-divisional magistrate,' but it would never be a complaint as defined by section 4(1)(h) criminal p.c., simply because of the person making it being a police officer, acting as a police officer; because section 4(1)(h) means that an allegation which would be a complaint if made by another person .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1948All411
..... the whole or a part of the evidence in the trial, ceases to have jurisdiction therein, and is succeeded by another magistrate. in such a case the section provides that the succeeding magistrate may act on the evidence so recorded by his predecessor. this is, however, subject to the proviso that the accused has a right in such a case to demand ..... , criminal p.c., and secondly, that the magistrates constituting the same having been present on the bench throughout the proceedings. this section 350a was added by the code of criminal procedure amendment act, civil of 1923. before the addition of this section it was uniformly held that where a judgment was delivered by the necessary quorum of magistrates who had been present throughout .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1929All485; 121Ind.Cas.552
..... taken now seeing that it was not taken even in the trial court.26. to this counsel for the appellant has two replies. he has contended first that section 3, limitation act, not only binds the trial court itself to consider suo motu whether an application is barred by limitation, but that it is also incumbent on the appellate court ..... the article is not as unreasonable as at first sight it might seem. it would be open to a judgment-debtor in such a case to apply under section 5, limitation act, for an extension of the period of limitation, if in fact he could prove that he had no knowledge.25. next it was urged by counsel for ..... , may have been influenced in the particular case by the fact that both practice and the terms of the limitation act suggested that successive applications for execution were permissible, and that therefore section 373 of the act of 1882 could not be applied to execution proceedings, but the language of their lordships was of general application, and on the principle .....
Tag this Judgment!Court : Allahabad
Reported in : 15Ind.Cas.126
..... in the family property represented his sons or could have been treated by bhowani prasad or by the court in that suit as representing them for the purpose of section 85, act iv of 1882.31. it will be noticed that there was no consideration in the above case of the position of the manager of a joint hindu family ..... point. ghose, j., ruled that the share of the son in the ancestral estate was liable for the satisfaction of the decree notwithstanding the provisions of section 85, transfer of property act, the father having incurred the debt in his representative capacity and as managing member of the family and the son having bean substantially a party to the ..... suit where the father is sued in his representative capacity. he dissented from the ruling in bhawani prasad v. kallu 17 a. 537. since the above decision, section 85 of the act has been repealed and the rule laid down therein is now a rule of procedure in the civil procedure code.39. harrington, j., differed and quoted the case of .....
Tag this Judgment!Court : Allahabad
Reported in : 155Ind.Cas.1043
..... either as civil litigants or accused in his court. if that theory had any support in fact, then his majesty's judges would probably constitute the most hostile section of the human race. because an accused person appears before a judge in his court, it is ludicrous to suggest that that judge should be presumed to ..... , and mr. c. takes full responsibility with respect to having drafted the same.21. the question that we have to consider is whether mr. c. did act recklessly and without sufficient care in drafting the written statements mentioned above and whether he was guilty of professional misconduct in having drafted the written statements in accordance with ..... as, after giving the matter my best consideration, i have come to the conclusion that the finding recorded by the bar tribunal 'that mr. c. did not act recklessly and without sufficient care' is perfectly correct. indeed having regard to the circumstances of the case, to which reference shall presently be made, i have no hesitation .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1950CriLJ177
..... his behalf, so that arguments had necessarily to come for the most part from the bench; but finally they resolved themselves into a question of the interpretation of section 9, evidence act. it is, we think, correct to state generally that an accused must be convicted upon evidence recorded by a judge in the course of the trial by him ..... in the course of identification proceedings in the jail is not admissible.29. in the first place this judgment does not proceed upon the consideration of the provisions of section 9, evidence act, and in the second place, the witness in that case had stated at the trial that he could identify no one. with great respect, i am constrained ..... . in bindeshri v. king-emperor a. i. r (14) 1927 all. 163 : 27 cr.l.j. 1358, bannerji j. held :i am not aware of any section of the evidence act, which makes the identifloation prooeedings evidence at all, the only evidence, therefore, before the court was the statement of birjhan that he was among the daooits.now it appears .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1949CriLJ813
..... resentment or disapprobation which is generated by legitimate comments, critioisms or ventilation of genuine grievances. such we apprehend is the meaning and effect of the section of the indian presa (emergency powers) act 1931 we are considering. we now proceed to examine the impugned letter and news item in the light of the legal principles explained above.17. ..... published in the petitioners newspaper 'pratap' and specified in the order contained matter of the nature described in clauses (d) and (h) of sub-section (1) of s.4 of the act. it is therefore, essential in the first instance to have a clear notion of the nature or kind of words which fall within the secope ..... of which the order of forfeiture has been made did or did not contain any words, signs or visible representations of the nature described in section 4, sub-section (1) of the act if the appears to the high court that the newspaper did not contain any words signs or visible representations of the nature described in that .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1951CriLJ917
..... rely upon the evidence given by them at the trial.10. mr. d. n. aggarwal contends that it would not be safe to act upon the evidence of manga earn. he points out that in the first place according to the evidence of mange earn, the extra-judicial confession ..... rigorous imprisonment for three years.16. in the result while maintaining the conviction of chandan under part it of section 304, i. p.c., i reduce the sentence imposed upon him from five years' rigorous imprisonment to that for three years' rigorous imprisonment. ..... section 304,1. p.c. & that being so, i maintain the conviction of chandan under part ii of section 304, i. p.c.15. but considering the cause of the fight & the injuries caused ..... to jug lal deceased which proved fatal.14. as mentioned above, chandan has been convicted under part ii of section 304, i. p.c. it is not disputed before me that the facts of this case, if true, fall within part ii of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1949P& H295
..... under the provisions of rule 7 of order 26, code of civil procedure. the second is that mr. bahri has omitted to consider the provisions of section 80, evidence act. this section declares that whenever any document is produced before any court, purporting to be a record or memorandum of the evidence, or of any part of the evidence ..... registered post but the letter containing the notice was returned by the post office, the addressee having refused to accept it. it was held that under section 114, evidence act the court was entailed to presume that the letter containing the notice reached the defendant and the fact that the letter was returned by the post office ..... that the cover was properly addressed to defendant 1 and had been registered, duly stamped and posted the court was entitled to draw the inference indicated in section 27, general clauses act and to hold that there was sufficient service. in jogendro chunder v. dwarka nath 15 cal. 681, a notice to quit was sent by a registered .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1949P& H165
..... arbitration agreement or award, nor shall any arbitration agreement or award be set aside, amended, muddied or in any way affected otherwise than as provided in this act.the section becomes applicable only where a suit is brought for a declaration about the existence or non-existence, or validity or invalidity, or the determination of the effect ..... therein.14. relying on the arbitration clauses in the two agreements, defendant 1 moved the court, by means of a petition presented on 18th december 1944 under section 34, arbitration act for stay of the suit. the application was resisted by the plaintiff on the following grounds: (1) defendant 2 was not a party to the agreement ..... entitled to receive from sir siri ram, the board of trustees and the architects.10. on 31st august 1943, the board put in an application under section 33, arbitration act, for having it declared that this reference was invalid and unenforceable. a number of grounds were given by the board in support of their allegation as .....
Tag this Judgment!