Court : Allahabad
Reported in : AIR1951All404
ORDERMalik, C.J.1. Mr. A. P. Dube, learned counsel for the applicants, and the Deputy Government Advocate are agreed that in all these oases the same point his been raised and the decision in one case would govern all the connected cases. Learned counsel have, therefore, given to me the facts of only one case (Cr. Revn. No. 1380 of 1913) as all the other cases are and to be exactly similar.2. On 16-3 1946, 60 bags of alsi were sent from Allahabad by the accused, Bachchu Lal Gupta, to a firm of commission agents at Satna, firm Sukhnandan Prasad Hanuman Prasad. The arrangement was that the commission agents would sell the alsi and after deducting their commission remit the balance to Bachchu Lal Gupta at Allahabad. Satna is in Rewa State outside the United Provinces. At the Octroi barrier at Chak Ghat the goods were weighed and entries were made in certain forms in triplicate, one form wag given to the sender, another was retained by the office and the third was given to the carrier. The...
Tag this Judgment!Court : Allahabad
Reported in : AIR1938All625
Bennet, J.1. This is a reference by the learned Sessions Judge of Agra of a sentence of death passed on Lal Singh Thakur, a resident of Gwalior State, under Section 396, I.P.C., for taking part in a dacoity in which murder was committed. It is not held by the lower Court that the murder was committed by the present appellant. The first report was made on 15th March 1935 at 5 A.M. in Thana Bah in Agra District stating that on the previous night at midnight there had been an armed dacoity at the house of Gopi Bania in Mauza Khilla. The actual person who made the report was one Kanhai Singh Thakur, and his' brother had been with the villagers outside the house who attempted to intervene and had been shot by some dacoit unknown. The first report was very brief. The witness P.W. 43, Sub-Inspector Daniells, states that he went to the place and inspected the house and found property lying about and the usual signs of a dacoity, and Bachan Singh had wounds in his leg and was sent to the Thomas...
Tag this Judgment!Court : Chennai
Reported in : 108Ind.Cas.909; (1928)55MLJ320
ORDERMadhavan Nair, J.1. This Criminal Revision Petition is to revise the judgment of the Joint Magistrate of Kumbakonam in Cr. Appeal No. 49 of 1926 by which he confirmed the conviction of the petitioner, the owner and driver of a motor car, under Section 16 of the Motor Vehicles Act, 1914, for failing to comply with Rule 27(c) of the Motor Vehicles Rules framed under the Act.2. The rule in question runs as follows:The driver of a motor vehicle shall promptly report all occurrences of accidents to the nearest police station.3. The facts are briefly these. On the evening of the 3rd of June, 1926, the petitioner was returning from Kumbakonam in his own car with some friends to his home at Kapisthalam. When he reached Ramanujapuram bathing ghat on his way, the car went out of control and jumped over a culvert, the parapet of which was only 9 inches high, and fell into a channel. As a result of the accident, the front axle of the car was bent and some chunam was knocked off on the eastern...
Tag this Judgment!Court : Chennai
Reported in : 50Ind.Cas.380
Oldfield, J.1. I have had the advantage of reading the judgment, which my learned brother is about to deliver, and, as I agree with his conclusion, I deal only with the one important question we have to decide, whether the appellant is entitled to the extension of time he claims, as transferee from a minor. It does not appear material that his transfer was not voluntary, but was effected by attachment followed by a sale of the debt and an order vesting it in him as purchaser; and I assume that time did not begin to run, before the minor's acquisition of the cause of action. Appellant's contention is that he is entitled to the full extension of time, which the minor would have had, if the cause of action had remained his property or, in the alternative, to three years from the date, when his own ownership began.2. This alternative contention can be dealt with shortly. It cannot be justified by any provision of the Limitation Act; for Section 6(3) is, as will be shown, the only one exten...
Tag this Judgment!Court : Chennai
Reported in : 72Ind.Cas.599
Oldfield, J.1. This appeal is by the third accused in S.C. No. 3 of 1922 on the file of the Special First Class Magistrate of Tirur, against the conviction and sentence therein. The Public Prosecutor opposes it on the ground that Criminal Appeal No. 395 of 1922 against the conviction, and sentence has already been dismissed by a learned Judge of this Court. The facts are, that Criminal Appeal No. 395 was presented by the accused under Section 420, Criminal Procedure Code, through the officer in charge of the Jail, where he is, on 6th May 1922, and was dismissed under Section 421, as it was out of time, by Krishnan, J., sitting as Vacation Judge on 2nd June 1922. The accused, presumably in ignorance of this, presented the present appeal on 17th July 1922 on the re-opening of the Court through Counsel. It is not disputed that, unless the decision of 2nd June 1922 can, on some grounds, be disregarded, we are debarred from disposing of the present appeal on the merits.2. We have been asked...
Tag this Judgment!Court : Privy Council
LORD SIMONDS: This appeal is brought from a judgment of the High Court of Judicature at Lahore dated 23 - 3 - 1944, which was delivered on a reference made by the Commissioner of Income - tax, West Punjab, N W. F. and Delhi Provinces under S. 66 (3), Income - tax Act (11 of 1922) pursuant to a mandamus issued by the same Court on 3 4 1941. [2] The appeal raises somewhat complicated questions of procedural and substantive law and it is necessary to state the facts at some length. [3] The respondent, the Tribune Trust, which will generally be referred to as "the respondent," was created by one Sardar Dayal Singh in the year 1898 and it appears to have been assessed to, and to have paid, income - tax on the income, profits or gains of its property, from the year 1917 - 18 to the year 1931 - 32. But in respect of its assessment for the year 1932 - 33 it raised an objection on the ground that it was exempt from taxation by virtue of S. 4 (3) (i), Income - tax Act already mentioned, which pr...
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori99
Ray, C.J.1. This reference arises in Second Appeal NO. 60 of 1945. One Baaudev Moharan, Secretary of Hathotto Co-oparative Society, (defendant-appellant) preferred this appeal against the confirming judgment of the Additional Subordinate Judge of Berhampur upholding the decree of the Munsif in a suit for declaration of title and either confirmation or recovery of possession of the disputed Inam lands. The same lands had been the subject of attachment and sale at the instance of the appellant-Society in execution of a decree against a member of the Society, a brother of Ogadhu Pooda, the trustee of Sri Jaganuath Mohaparabhu of Hathotto village. The decree was passed against the former, qua, an individual as distinguished from a trustee. Admittedly, the endowment was not bound by the debts, far lees, by the decree, the execution, the attachment, the sale and the proceeding for delivery of possession that followed. The contention, inter alia, that the plaintiff was not entitled to sue, wa...
Tag this Judgment!Court : Kerala
Reported in : AIR1950Ker83; 1950CriLJ1536
ORDERKrishna Pillai, C.J.1. The reference arises under Section 9, Travancore Newspapers Act (V [5] of 1101) upon a petition presented by the printer and publisher of the newspaper called the Malayans questioning the legality of an order passed by Government whereby the license granted to the said newspaper wan cancelled. The notice given Under Section 6 of tha Act indicated fourteen different articles of several dates, which were said to be seditious and lively (i) to excite disaffection against, and to bring into hatred and contempt, the Government of Travancore, (ii) to promote feelings of enmity or hatred between the several classes of the people in Travancore, (iii) to involve habitual publication of defamatory matter punishable Under Section 603, Travancore Penal Code, (iv) dissemination of false information, and (v) publication of matter which is obsoene in character These, if correct, would bring the publications within the miachief Section 5 of Sub-section (i)(a), (i)(a), (ii)(...
Tag this Judgment!Court : Kolkata
Reported in : 97Ind.Cas.961
N.R. Chatterjea, Acting C.J.1. The questions referred to the Fall Bench are:I. Whether upon a true construction of the Calcutta Police Act (_Ben. Act IV of 1866) a Deputy Commissioner of Police, by virtue of his powers as a Justice of the Peace or otherwise, can lawfully order the detention in Police custody of a person arrested without warrant, for any longer time than is necessary to enable such person to be brought before a Presidency Magistrate?II. Whether a Deputy Commissioner of Police can lawfully order that the detention of any such person as aforesaid at a Police Station or in Police custody shall continue until the Police investigation shall have been (a) further advanced, or (b) completed, notwithstanding that the time within which such person might have been brought before a Presidency Magistrate has elapsed?2. The powers of the Commissioner or Deputy Commissioner of Police as a Justice of the Peace are defined in Section 7 of the Act, which runs as follows:The Commissioner...
Tag this Judgment!Court : Chennai
Reported in : AIR1931Mad152; (1931)60MLJ551
Reilly, J.1. These two appeals relate to suits in which the Corporation of Madras claimed declarations that the Madras Electric Tramways Company and the Madras Electric Supply Corporation respectively were subject to the. control of the Commissioner of the Corporation under Sections 287 and 288 respectively of the Madras City Municipal Act. The suits were tried by the Judge of the City Civil Court, who dismissed both of them. They came on appeal before Waller, J., whose opinion was that both the Companies carried on their operations under special Acts, or what were equivalent to special Acts, inconsistent with the general Act, the City Municipal Act, and that the Corporation of Madras were not entitled to the declarations for which they sought. He upheld the decision of the City Civil Court; and it is against that decision that these two appeals have been preferred.2. I think it will be convenient to deal with the two cases separately, and, if I may say so with great respect, I doubt w...
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