Court : Chennai
Reported in : (1925)48MLJ195
..... had been designed now to prohibit the use of oral statements made to police officers in the course of police investigation, i should have expected an amendment of section 27, indian evidence act. that section has always been read as a proviso to both sections 25 and 26. but if the above suggested reading of section 162 is ..... with statements not reduced to writing; the section did not prohibit 'the use of such statements' as evidence for any purpose admissible under the indian evidence act. i think, even after the amendment, the application of the section should be considered to be limited to the use of statements reduced to writing as under the old section. if ..... i do not think it does, or that it goes any further in that direction than the section before amendment did, i. e., the amended section does not prohibit the use as evidence (for any purposes admissible under the indian evidence act) of such oral statements. it may be answered that the words 'such statement' in section 162 (1) .....
Tag this Judgment!Court : Mumbai
Reported in : (1925)27BOMLR148
..... of crime, in many and very various forms, have been the subject of judicial rulings. with insignificant exceptions the code has been interpreted in all the indian courts down to a few years ago in conformity with the english law existing in 1860.12. the learned judges in the high court examined the authorities so ..... the present case, however, their lordships think the unnecessary to dwell further on thin matter.11. in the period of over sixty years which have elapsed since the indian penal code came into force, a very large number of cases have of course been reported, in which joint commission of crime, attempts to commit crime, and ..... what another does, provided what is done is done in furtherance of a common intention, and if the amendment then defines more precisely the conditions under which this vicarious or collective liability arises. in other words, 'a criminal act' means that unity of criminal behaviour which results in something, for which au individual would be punishable, .....
Tag this Judgment!Court : Kolkata
Reported in : (1925)ILR52Cal463
..... in my view by certain other considerations as well. in the first place the general tendency of the amending acts of 1923 has been to enlarge rather than to curtail the right of appeal in favour of accused persons. by that act several orders which were not formerly appealable have been made so; right to appeal to a higher ..... of acquittal, appeal from a conviction and an appeal from any other order. in section 425 the expression 'finding sentence or order appealed against' occurs. under the indian limitation act, for the purpose of a criminal appeal, time runs from the date of the sentence or order appealed against,---indicating that orders of acquittal are orders and not ..... superior courts in this country, and the legislature must be presumed to have been aware of their existence when they proceeded to amend the code. if with the knowledge of those decisions they only amended chapter xxxi in this respect not by making any reference to section 562 at all, but on the other hand by introducing .....
Tag this Judgment!Court : Kolkata
Reported in : 85Ind.Cas.135
..... in my view by certain other considerations as well. in the first place the general tendency of the amending act of 1923 has been to enlarge rather than to curtail the right of appeal in favour of accused persons. by that act several orders which were not formerly appealable have been made so; right to appeal to a higher ..... of acquittal, appeal from a conviction and an appeal from any other order. in section 425 the expression 'finding, sentence or order appealed against' occurs. under the indian limitation act for the purpose of a criminal appeal time runs, from date of the sentence or order appealed against, indicating that orders of acquittal are orders and not judgments: ..... of superior courts in this country and the legislature must be presumed to have been aware of their existence when they proceeded to amend the code. if with the knowledge of these decisions they only amended ch. xxxi in this respect not by making any reference to section 562 at all, but on the other hand by introducing .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal329
..... my view by certain other considerations as well. in the first place the general tendency of the amending act of 1923 has been to enlarge rather than to curtail the right of appeal in favour of accused persons. by that act several orders which were not formerly appealable have been made so; right to appeal to a higher ..... acquittal, appeal from a conviction and an appeal from any other order. in section 425 the expression 'finding, sentence or order appealed against'' occurs. under the indian limitation act for the purpose of a criminal appeal time runs from date of the sentence or order appealed against, indicating that orders of acquittal are orders and not judgments: ..... of superior courts in this country and the legislature must be presumed to have been aware of their existence when they proceeded to amend the code. if with the knowledge of these decisions they only amended chapter xxxi in this respect not by making any reference to section 562 at all, but on the other hand by introducing .....
Tag this Judgment!Court : Mumbai
Reported in : (1925)27BOMLR113
..... in holding that such a reference was not permissible. it is difficult to see how the word 'provisions' in section 288 as amended can be limited to particular provisions in the indian evidence act. we are asked to accept the proposition without a single argument being brought forward to support it, and the simple answer is ..... magistrate could, in the discretion of the judge, be treated as substantive evidence in the case. the recent amendment adds to the section the words (for all purposes subject to the provisions of the indian evidence act.' there does not appear to be any possible obscurity as to the meaning. the evidence is evidence for all ..... both before the sessions judge and before us. when the code was amended the words ' subject to the provisions of the indian evidence act' were added to section 288.7. mr. kelkar contends that the only provisions of the indian evidence act to which this amendment referred were sections 155 and 157 which enact that previous statements can be .....
Tag this Judgment!Court : Kolkata
Reported in : 85Ind.Cas.919
..... to frame the scattered provisions into one comprehensive section, i.e., section 342 of act x of 1882 and it has retained its shape, in act v of 1898 and has not been affected by the amending acts of 1923. the object of the amendment is stated in the following extract from the report of the select committee on the bill of 1882: 'we think ..... under section 302, indian penal of code, for committing the offence of murder by causing the death of one entaj, boddy, a son of the said momrej boddy. the jury brought in a unanimous ..... molla were tried by the second additional sessions judge of/24-parganas with the aid of a jury. all of them were tried on a charge under sections 302/120b, indian penal code, for having conspired to commit the offence of murder of. one momrej boddy and other members of his family, and belatali naskar was tried also on a charge .....
Tag this Judgment!Court : Kolkata
Reported in : (1925)ILR52Cal522
..... to frame the scattered provisions into one comprehensive section, i.e., section 342 of act x of 1882, and it has retained its shape in act v of 1898 and has not been affected by the amending acts of 1923. the object of the amendment is stated in the following extract from the report of the (select committee on the bill ..... so as to supplement the case for the prosecution when it was defective. these series of rulings made it necessary to amend the law when the code was revised in 1882. in the amendment made by act x of 1882 the provisions relating to the examination of an accused person, which were scattered in different chapters in the ..... have been rightly convicted. i accordingly uphold the conviction of alimuddin, naskar and belat naskar under section 302-120b of the indian penal code, and also the conviction of belat naskar under section 302 of the indian penal code.18. as to the sentences, giving the matter my most anxious consideration and taking into account all the circumstances .....
Tag this Judgment!Court : Mumbai
Reported in : (1925)27BOMLR787
..... abba transaction, to the agreement for reduction of interest.21. it is true, as was laid down in balkishan das v. legge that under section 92 of the indian evidence act, as between the parties to an instrument, oral evidence of intention is not admissible for the purpose, either of construing deeds or of proving the intention of the ..... 3. suit no. 60 of 1916, is against hajee vally mahomed hajee abba. suit no. 62 of 1916, was originally against hajee mahomed jamal, but the plaint was amended by adding the defendant abdul kareem abdul shakoor jamal. later, dur- the pendency of the suit, hajee vally mahomed hajee abba was substituted as defendant in their place, and ..... lordships take of the circumstances of this case the section and the ruling have no application to it.22. the preamble to the evidence act recites that ' it is expedient to consolidate, define and amend the law of evidence,' and section $2 merely prescribes a rule of evidence; it does not fetter the court's power to arrive .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1925All253a
..... instituted in the court of the subordinate judge, that the authorities so far bestirred themselves as to direct the registrar of the university to submit the proposed amendment of the regulation for the approval of his excellency, the visitor. to the letter itself was appended a prayer that his excellency would be further pleased to ..... three classes, because there was a regulation saying that this ought to be done in all university examinations. they would know that this provision was capable of amendment by the senate, for adequate cause shown; and they were at full liberty to draft a proposal which should involve the classifying of successful candidates into two ..... the former of these cases is authority for the proposition that a high court possessing authority to act under section 45 of act 1 of 1877 will make an order requiring a specific act to be done by the syndicate of an indian university, where it is clearly of opinion that the syndicate is under a statutory obligation to perform .....
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