Court : Punjab and Haryana
Decided on : Nov-17-1961
Reported in : AIR1962P& H348
..... 106, sub-section (3), not so as to enhance the same, (c) in an appeal from any other order, alter or reverse such order; (d) make any amendment or any consequential or incidental order that may be just or proper. (1a) where an appeal from a conviction lies to the high court, it may enhance the sentence, ..... part i instead, their said conviction on an appeal by the convicts and petition for revision filed by the complainant cannot be altered to the under section 302/34, indian penal code, either under section 423 or section 439, criminal procedure code or both read together. the reference is answered accordingly.(6) the case should now go back to the ..... the high court at the instance of the local government on the revisional side. the high court on reviewing the evidence concluded that the offence under section 302, indian penal code had been made out instead, and while convicting the accused accordingly sentenced him to appeal by special leave observed that the accused must be deemed to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-17-1961
Reported in : AIR1963P& H143; 1963CriLJ454
..... first and the third categories stated in this rule. the petitioner is being tried on a police challan and the charge against him is for an offence under section 420, indian penal code, which is cognisable by the police. it is, thus, evident that under rule 1 of chapter 9-a of the high court rules and orders, volume ..... learned chief justice, however, held out a warning to the subordinate courts by observing;'but at the same time he (the magistrate) must be careful not to do any act which might hamper the accused in his defence. the court should, in a case of this kind, adopt a reasonable course which would while avoiding any hardship on either ..... for the purposes of the trial be deposited in court.'7. if there was no further provision with regard to payment of expenses for summoning a defence witness certainly acting under this provision of law the magistrate has the power to call upon the accused to deposit reasonable expenses for summoning a particular witness, but again that discretion has .....
Tag this Judgment!Court : Orissa
Decided on : Nov-14-1961
Reported in : [1962]13STC412(Orissa)
..... shall, in respect of such business, be deemed to be a 'dealer' for the purpose of this act.the said definition underwent a change, as a result of the passing of the amending act of 1958 (orissa act 28 of 1958). in consequence of that amendment, the new definition ran as follows :-2(c) 'dealer' means any person who executes any contract or ..... it may include all classes of agents who for commission or otherwise carry on the business of the principal. the expression 'agent' as defined in section 182 of the indian contract act is very wide. it will include all classes of agents such as factors, brokers, commission agents etc., and may also include mere employees who, for commission or other ..... out in kirkham v. peel (1881) 44 law times 195 (cited at page 103 of bowstead on agency), in indian law also the definition of the expression 'mercantile agent' as given in section 2(9) of the sale of goods act and his right to pass title in the goods to third parties as provided in section 27 of that .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-13-1961
Reported in : AIR1962P& H196
..... document for registration to the sub-registrar. these are strong circumstances indicating the genuineness of this will. its attestation in accordance with the requirements of s. 63, indian succession act, has also been satisfactorily proved. the will is also natural in the sense that the beneficiaries are the four daughters and not strangers. it is true that the ..... . 4 at the time of the filing of the amended petition of plaint. she is the wife of tek chand of zira.(3) banarsi dass owned three shops in zira and four houses. he also owned agricultural land ..... minor daughters, were allowed to sue as paupers. the petition to sue in forma pauperis was made on 30th december, 1957, but, as amended, it was filed on 30th december, 1957, but, as amended, it was filed on 8th january, 1960. originally, champa devi had not been impleaded as a defendant, but she was included as defendant no .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-13-1961
Reported in : AIR1962P& H315
..... in that case that it was laid down that the government of india would be liable for damages in the same circumstances as would have been the east indian company and this proposition has never been disputed. it was held that the secretary of state in council of india is liable for the damages occasioned by ..... about his employment. on the facts of it, therefore, there seems no reason why his employer, although the state, should not shoulder the responsibility for his negligent act an ordinary employer would. no consideration of public policy points to the contrary.' in these circumstances after discussing a decision of the rajasthan high court in mst. vidhyawati ..... exercised except by sovereign, or private individual delegated by a sovereign to exercise them no action will lie........ there is a great and clear distinction between acts done in the conducts of undertakings which might be carried on by private individuals without having such powers delegated to them.'on the facts of the case .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-06-1961
Reported in : AIR1962All174
..... , or person two months' previous notice in writing of the intended suit and of the cause thereof, nor after six months from the date of tile act complained of.'' after considering the various indian and foreign authorities on the subject by analogy, their lordships answered the question as below: 'therefore, if the section applied, the plaintiff's claim was ..... the cause of action whether it is a breach of contract, an invasion of rights in immovable property or even commission of a nuisance. it is possible to make amends and the whole intention of giving a notice under section 97 (1) appears to be to afford an opportunity to the trust to avoid litiga-tion and in ..... such tender. the intention of providing a notice under section 97 (1), therefore appears to me to allow the defendant trust to make amends. now the question of making amends would, in my opinion, arise in all acts done in official capacity. the very put-pose of the section would, in my opinion, be defeated if in respect of some .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-06-1961
Reported in : AIR1962Raj181
..... goods, shall affect the responsibility as in this section defined of a railway administration.'' sub-section (2) of section 72 has since been deleted by the railway (amendment) act no. 56 of 1949. the next relevant provision of law is section 47, which empowers a railway company or in the case of a railway administered by the ..... illegal and meant only to while away time. the defendant admitted that the goods were auctioned but pleaded that the auction was made under section 56 of the indian railways act, as the plaintiffs failed to take delivery. the defendant also pleaded that he was amply protected by risk notes a and b and as the owners declared ..... prasad ishwar purbey v. union of india, air 1960 pat 571. mr. shrikishanmal lodha, appearing for the plaintiff-respondents relied upon the following cases: 1. sohanpal munnalal v. east indian railway, air 1922 all 9; 2. governor-general in council v. l. jagannath, air 1943 lah 244; 3. chhatumul chowthumul v. union of india, air 1955 cal 264 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-03-1961
Reported in : AIR1962P& H333
..... been referred to a bench, was whether a person who entered india on a pakistani passport with a visa endorsed was a 'foreigner' liable to be repatriated under the indian foreigners act after the expiry of the duration of the visa and whether his deportation could be deferred subject to the examination of him claim set up that he was sometime before ..... attempted to argue that the case of the present respondent was governed by the definition of the word 'foreigner' in the foreigners act as it existed before the amendment of that act which was made with effect from 19th january 1957 by act ii of 1957. the rule laid down in fida hussain v. state of uttar pradesh criminal appl. no. 128 of 1960 ..... from pakistan after march 1956, when he had gone to that country and it cannot be said with certainly that he had entered india prior to the date of the amendment in the foreigners act so as to be entitled to the benefit, if any, of the definition of a foreigner as it existed before the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-03-1961
Reported in : AIR1962P& H425
..... 20-12-1960 any by virture of the provisions of section 22 of the indian limitation act, the suit against the company should be deemed to have been instituted on 20-12-1960 and, consequently, it was barred by limitation. (6) after hearing the ..... the application for compensation filed on 17-11-1959 was well with time. besides, according to the proviso to sub-section (3) of section 110-a of the act, the tribunal could certain the application even after the expiry of the prescribed period of 60 days, if it was satisfied cause from making the application in time. the ..... limited have filed the present petition. (5) learned counsel for the petitioning company has submitted that, according to section 110-a, sub-section (3) of the motor vehicles act, 1939, the application for compensation has to be filed within 60 days of the occurrence of the accident, but the order impleading the company as a defendant was passed on .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-01-1961
Reported in : AIR1962SC1329
..... thus :'the parties had led evidence bearing upon the question of title to that area. that defect could have been removed even now by allowing the plaint to be amended at this stage. but the plaintiff cannot have the declaration because all persons who would have been affected by the declaration are not before the court, not being made ..... made in the scheme. the right of shebait as already stated, is a right in property and if any person wants to challenge the right of a person to act as a shebait it is open to him to pursue such remedy as may be available to him at law.14. finally he said that the high court was not ..... ilr cal.): 'there are documents from 1842 on wards showing transfers by the haldars of some items of property included in heysham's list. but, in our opinion, those acts cannot outweigh the evidence, which we have discussed, which establish almost conclusively that the lands released from the resumption proceedings were the deity's absolute property. these transfers by the .....
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