Court : Allahabad
Decided on : Mar-20-1907
Reported in : (1907)ILR29All535
George Knox and Richards, JJ.1. At the hearing of this appeal a preliminary objection was taken on behalf of Lachhman Das respondent to the effect that the appeal abated. It was contended from the papers on the record that Narain Das, one of the respondents to this appeal, had died on some date before the 30th of May 1906 and that the application to bring Lachhman Das and Ram Das on the record as representatives of Narain Das, deceased, had not been made within the six months proscribed. In answer to this the learned vakil for the appellants draws our attention to the Full Bench ruling of the Madras High Court--Susya Pillai v. Aiyakannu Pillai (1906) I.L.R., 29 Mad., 529--and argued that Article 175C of the Indian Limitation Act did not apply to appeals from appellate decrees. The article which he wishes us to apply is Article 178 of the Limitation Act. There is no doubt that the view taken by the Madras High. Court supports the contention raised here, but, with all the respect due to ...
Tag this Judgment!Court : Allahabad
Decided on : Jul-20-1907
Reported in : (1907)ILR29All685
Richards, J.1. In this case one Ganga Prasad applies for the revision of the conviction under Section 500 of the Penal Code and a sentence of fine and imprisonment. It appears that one Birbal was being tried for an offence under Section 379 of the Indian Penal Code. Ganga Prasad was called as a witness for the defence, and he thereupon made some remarks of a defamatory nature concerning one Banke Lal. Banke Lal then instituted the present prosecution against Ganga Prasad under Section 500 of the Indian Penal Code, and the prosecution resulted, as already stated, in the conviction of Ganga Prasad. It has been contended on behalf of Banke Lal that the words spoken by Ganga Prasad were so irrelevant and foreign to the charge against Birbal that we ought to hold that the words were not spoken by Ganga Prasad in his capacity as a witness at all, and furthermore that some of the words spoken were spoken by Ganga Prasad after he had left the witness box. As to this last allegation it is by no...
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