Court : Kolkata
Reported in : AIR1927Cal17
..... defence the right to show that the moment he was challenged he gave the explanation on which he still relies. it is difficult to believe in this as an amendment designed in the interest of accused persons; while on the contrary view, it is comparatively easy to see that the rights of accused persons have been further abridged than ..... by this court to be re-tried. the jury on this occasion were unanimous.2. they have found all the appellants guilty under section 302 read with section 149, indian p.c. three of them have also been found guilty under section 302 by itself while the other two have been found guilty under section 324.3. the fifth ..... of witnesses made before the police from being used by the prosecution under sections 145, 155 and 157 of the evidence act which sections are not confined to criminal cases. lastly, while it is clear that section 162, though amended in the interests of accused persons, does abridge certain rights of an accused in the matter of evidence, it would seem .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR1196
..... sections under which he has got certain limited powers of arrest and search. but it is important to note that, before the present section 41 was enacted by the amending act (bom. act xii of 1912), under the old section 41 he had practically no powers of investigation, and that, after an accused person was arrested, it was part of ..... , the police powers given by the present sections 41, 41a, 41b and 41c, were conferred by section 25 of the bombay abkari (amendment) act. 1912 (bom. act xii of 1912), it may, therefore, be that, since the amending act of 1912, certain excise-officers in bombay are police officers as well as revenue-officers under section 125. on the other hand, it ..... amended by the bombay act, would not be police-officers. with the utmost respect i am unable to accept that view, which does not appear to me to accord with the true meaning of section 25 of the indian evidence act,fawcett j.1. i am of the same opinion. the view taken in the leading case, queen v. hurribole chunder .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom4
..... sections under which he has got certain limited powers of arrest and search. but it is important to note that, before the present section 41 was enacted by the amending act (bom. act xii of 1912), under the old section 41 he had practically no powers of investigation, and that, after an accused person was arrested it was part of his ..... powers given by the present sections 41, 41 a, 41 b and 410, were conferred by section 25 of the bombay abkari (amendment) act; 1912 (bom. act xii of 1912). it may, therefore, be that, since the amending act of 1912, certain excise officers in bombay are police officers as well as revenue officers under section 125. on the other hand it ..... amended by the bombay act, would not be police officers. with the utmost respect i am unable to accept that view, which does not appear to me to accord with the true 'meaning of section 25 of the indian evidence act.fawcett, j.30. i am of the same opinion. the view taken in the leading case. queen v. hurribole chunder ghose .....
Tag this Judgment!Court : Chennai
Reported in : AIR1927Mad304
..... 5 of section 145 the relevant portion of the new clause is:may restore ( meaning the magistrate) possession to the party forcibly and wrongfully dispossessed.10. before this amendment the court could not very well restore possession to the person dispossessed, unless the case was one which came under section 522 of the criminal p. c. which reads ..... in possession of the property by the magistrate, otherwise the property would remain with the receiver in other words would be in custodia legis.7. the case in 7 indian appeals 73 which is also reported in 6 c. l. rule 249 (2) does not materially help the appellant. in that case it was contended that after three ..... to possession of the same.11. where no offence is committed which would come under section 522 the magistrate could not restore possession to the person dispossessed when acting under section 145. but there is no ground for holding that the possession of the defendant was possession which the law recognized as his. in this view of .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR1334; 95Ind.Cas.556
..... the conjoint effect of sections 106 and 130 of that act, clause 19 of the amended letters patent of 1865, clause 18 of the original letters patent of 1862, and sections 8, 9 and 11 of the indian high courts act, 1861, we have to apply to this case the law which would have been 'applied by ..... where the crime of adultery with a married woman is not involved ; and that it may well be a matter for consideration by the indian legislature as to whether an act on the lines of the slander of women act, 1891, should not be passed for the better protection of women and girls in india against imputations on their chastity. the provisions in ..... bom. l.r. 1.5. turning to the law, it is clear that no civil remedy for slander is given expressly by any of the indian codes. nor does section 112 of the government of india act, 1915 apply as this is not a matter of inheritance or succession, nor one of contract or dealing between party and party. accordingly, by .....
Tag this Judgment!Court : Chennai
Reported in : AIR1927Mad78; (1926)51MLJ687
..... if they had not chosen to cross-examine and when the magistrate proved obdurate, dissension and a sense of injustice often supervened.3. therefore by section 72, act xviii of 1923, section 256 was amended by inserting after the words 'to state' the wordsat the commencement of the next hearing of the case or, if the magistrate for reasons to be recorded ..... no failure of justice has been occasioned by refusing an accused an opportunity to consult a legal adviser? nor do i think it applicable in law.9. before it was amended, section 256 was undoubtedly mandatory. if a magistrate omitted altogether to ask the accused if he wished to cross-examine the prosecution witnesses, it could not be said to be ..... orderjackson, j.1. petitioner has been convicted under sections 323, 114, indian penal code, by the honorary presidency magis-trates, royapettah, and seeks to set aside the conviction because the magistrate asked him forthwith whether he wished to cross-examine the prosecution .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom195; (1927)29BOMLR19; 101Ind.Cas.229
..... inconvenience) of the compulsory registration of two documents, viz., the contract and the conveyance. accordingly, what is now section 17 (2) (v) of the indian registration act, 1908, was passed in 1877 to exempt the ordinary contract of sale from registration and to confine registration to the conveyance. (see chunilal panalal v. bomanji ..... 4. no.5. yes.57. i would, accordingly, allow the appeal, and set aside the order under appeal, and direct instead that the questions in the amended - originating summons be answered as above mentioned. there should, accordingly, in my judgment, be an order on the plaintiffs for payment of the earnest-money etc. ..... us it became clear that this single question was insufficient to deal with the real dispute between the parties. accordingly, we allowed the originating summons to be amended by striking out the original two questions, and by substituting therefor the following questions, viz.:-1. whether the plaintiffs made out a marketable title to the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom163; (1927)29BOMLR196
..... not necessary for the purposes of this case to attempt to define exactly the extent of those powers. but it is clear from section 29 of the act that the power to amend the inquisition is restricted to cases of technical defects: and as regards quashing the inquisition it is definitely provided that it shall not be quashed for ..... the same from being quashed on account of technical defects:15. then follow provisions which are substantially reproduced in section 29 of the present coroner's act. that supports the view that amendments should only be made in cases where there is some technical defect such as is referred to in the second paragraph of section 29. to exercise ..... s bench have and may lawfully exercise, within that part of great britain called england, as far as circumstances will admit.6. when the indian high courts act was passed in 1861, under section 9 of that act (24 & 25 vie. c. 104), all the power and authority vested in the supreme court and in the sudder adawlut were reserved .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom264; (1927)29BOMLR332; 101Ind.Cas.403
..... , that even while passing a decree for restitution of conjugal rights the court could expressly direct that it should not be executable by imprisonment, under the latest amendment the penalty is abolished.23. the earliest case dealing with the point in this court is yamunabai and narayan jaganath bhide v. narayan moreshvar i.l.r. ..... pointed out by the learned chief justice, begin in england from the ecclesiastical courts and have been modified by legislation. they have been adopted by the british indian courts by various analogies such as to consider them as a species of suit for specific performance. however that may be, it is undoubted, since the ..... 419 says:-now, in dealing with a question like the present, involving the relations of married people towards each other, the spiritual courts always proceeded to act as having full jurisdiction over domestic life. they investigated the whole conduct of the spouses, and they undoubtedly recognised no middle course between the order for renewed .....
Tag this Judgment!Court : Mumbai
Reported in : (1927)29BOMLR170
..... . 53 was decided in 1902 when the code of 1898 was in force. and section 239 of that code as it then stood is substantially reproduced by the amending acts of 1923. but i fail to find any universal rule laid down in that decision. the facts are not stated with sufficient fulness to make it possible to ..... would bo unnecessary. here there certainly was an accusation that an offence had been committed by accused no. 1 under sections 209 and 210, read with section 511, indian penal code, and though the complaint did not specifically allege that accused no. 2 had committed abetment of that offence both the accused were alleged to have given ..... the evidence, came to the conclusion that these statements were proved to be false to the knowledge of the accused persons, and, accordingly, convicted them under section 193, indian penal code, and passed sentences against accused no. 1 of three months' and one month's rigorous imprisonment and against accused no. 2 of three months' rigorous imprisonment .....
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