Court : Punjab and Haryana
Reported in : 1949CriLJ813
..... literally in other words, they are to a certain extant terms of art which had already acquired a definite legal meaning before they were incorporated into the indian act and ordinanoe.then as to incitement to violence being a necessary ingredient of the law of sedition, the learned judges doubted whether that was what the federal ..... disapprobation which is generated by legitimate comments, critioisms or ventilation of genuine grievances. such we apprehend is the meaning and effect of the section of the indian presa (emergency powers) act 1931 we are considering. we now proceed to examine the impugned letter and news item in the light of the legal principles explained above.17. ..... is no longer possible for us, however much we may regret it, to read into s. 121a, penal code or 8. i (l) (d), indian press (emer-genoy powers) act, 1931, the safeguards pro. vided by the english decisions which presoribe what we have called the external standard requiring that in order to amount to sedition .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1950CriLJ149
..... prove that because of a realisation of and regret for a wrong done to one of his fellow citizens he has of his own volition acknowledged this wrong and made amends therefor.12. the learned advocate for the petitioner drew our attention to a case reported as an advocate, in the matter of, i. l. e. (1937) bom. 99 : a. ..... abuses of the confidence that has been reposed in him. but when after full and fair trial he stands con-victed of such wrong doing as demonstrates his unfitness to act as a pleader-an officer in courts of justice-and hi3 license as such has been revoked, if he petitions for reinstatement, the onus is on him to establish ..... the matter was placed before tek chand j. and on 16th april 1931 he ordered that as the material placed was not sufficient for taking action under the legal practitioners act, no further action need be taken. on 19th may 3981 one naghar singh made a complaint againt raghbir singh alleging professional misconduct of taking money from him and not prosecuting .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1950P& H150; 1950CriLJ725
..... morning issue of 9th september 1948 relating to the recovery of an armament factory from qadian. the news reads:it is reported that the police and gurkha military acting on information received raided a place near the graveyard in the headquarters of the mirzais in qadian. they traced an armament factory in a building. in the course ..... comments. it was alleged that the subject-matter of these articles and news items fell within clauses (b), (d) and (h) of section 4 (1), press act. the petitioner's application is directed against the order of forfeiture parsed by the chief commissioner of delhi and it is contended in the petition that the articles and news ..... prejudicial act and may be taken as tending to bring into hatred or contempt or excite disaffection towards the government. in england it has been held that in order to constitute sedition the words etc, must evoke such a degree of hatred or contempt or excite so much disaffection that public disorder or violence may result. the indian .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H295
..... charge of murder. but even according to his own statement contained in the grounds of appeal which is substantiated by circumstances he is guilty of committing a rash and negligent act which is covered by section 304a, penal code. i would, therefore, change the conviction from murder under section 302 to an offence under. section 304a and would sentence ..... of public prosecutions', (1935) ac 462 (e) where it was held that in a trial for murder the crown must prove death as the result of a voluntary act of the prisoner and malice of the prisoner. 14. i must hold that in this case malicious intention has not been proved and, therefore, the appellant is entitled to ..... the offence committed is not murder whatever else it may be. 'mohammad saddiq v. the crown', air 1949 lah 85 (d), was a case where in somewhat similar circumstances munir, acting c. j., relying on 'r. v. devis', (c) supra came to the same conclusion. 13. i may also refer to the well-known case --'woolmington v. the director .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H82
..... defendants. now, this is the evidence of conduct, which if the terms of the lease deed are ambigu us would baeome relevant under section 92, proviso 6, evidence act, which is admissible for the purpose of construing the document. the conduct of the parties during the long course of years is in my opinion a material element for ..... bo used as a workshop, (2) that the premises were let for show room only & defts' use as a workshop contravenes section 9, delhi & ajmer merwara rent control act 1947. (3) that mere silence was not sufficient to constitute estoppel & (4) that the user of the premises in contravention of the original purpose for which they were let ..... but pleaded that the premises were taken for running a motor workshop & had been so used ever since they had taken the premises on rent. they denied that their acts amounted to a nuisance or that the user was in contravention of govt. rules. they also pleaded that the plffs. were estopped by their conduct for claiming ejectment. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1950P& H364
..... proceedings.8. but quite independently of the objection set out in the preceding paragraph i see no merits in this petition. by section 1 of the indian independence act, 1947, two independent dominions were set up in india. by section 4 the old punjab became two separate provinces. section 9 of the ..... jurisdiction of the supreme court because that court had no appellate jurisdiction. similarly, i think that the substituted jurisdiction to issue orders under section 45 of the specific belief act is original jurisdiction.10. a similar point arose in venkataratnam v. secretary of state (1930) a.i.r. 1930 mad. 896. in that case venkatasubba rao, j ..... 'supreme court of practice': 'matters within the exclusive cognizance of the court of queen's bench in the exercise of its original jurisdiction at the commencement of this act included the supervision of decisions of inferior tribunals generally by certiorari: see the supreme court practice, 1928, p. 1610.11. with great respect i follow the rule .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1951]20ITR77(P& H)
..... examined by the commission from the 22nd november to 26th november, 1949.on the 15th of july, 1949, an application was filed before the authorised official that the amendment of the act by the ordinance did not cover the period after the 31st of march, 1943, and, therefore, he could not make any investigation in regard to that period but ..... (5) and (6), be final; but no proceedings taken in pursuance of such direction shall be a bar to the initiation of proceedings under section 34 of the indian income-tax act, 1922 (xi of 1922).(5) in respect of any order made in the course of proceedings taken in pursuance of a direction issued under sub-section (2), the ..... that might be according to english law, where there is no such revision procedure as in india, their lordships see no reason for narrowing the express words of the indian act. certiorari according to the english rule is only to be granted where no other suitable remedy exists. if the order of the magistrate were a judicial order, it would .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H72
..... company for the purposes of excess profits tax, the argument of the assessee was based upon section 12(4), finance (no. 2) act, 1939, which subsection is identical with the proviso to section 2(5) of the indian act. dealing with this section 12(4), lord grene m. r. said:'i should have thought that the objects of that sub-section were ..... any other section of that act.'but held that the word 'partly appearing in this rule could not make the rule at variance with the substantive provisions of the ..... , excess profits tax act. this reads as follows:'in the case of a business which consists wholly or partly in the letting out of property on hire, the income from the property shall be included in the profits of the business whether or not it has been charged to income-tax under section 9, indian income-tax act, 1922 or under .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H249
..... khazan singh, piara lal & sohan singh sons of harnam singh under section 148, section 399 read with section 149 and section 307 read with section 149 of the indian penal code, hereinafter referred to as the code.each one of the convicts has been ordered to undergo three years' rigorous imprisonment under section 148 of the code. resham ..... 'jain lal v. emperor', air 1943 pat 83, rowland, j., (varma, j., concurring) said:'no hard and fast rule can be laid down that any particular act or any particular kind of steps are necessary to constitute 'preparation'. the essential thing is that the prosecution must show that there were persons who had conceived the design of ..... any definite decision on the point, we are inclined to hold that even if we accept the approver's story no offence under section 399 or section 402, indian penal code, is thereby disclosed inasmuch as there is no evidence that the accused persons assembled (or the purpose of committing a dacoity or made preparations for committing .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1951CriLJ449
..... constitution and para. 28, adaptation of laws order, 1950. article 372(1) of the constitution provides that notwithstanding the repeal by the constitution of the indian independence act, 1947, and the government of india act, 1935 and its amendments, but subject to the other provisions of this constitution, all the law in force in the territory of india immediately before the commencement of this ..... continuing validity of section 124a or any other section of the code. by the adaptation of laws order and its schedules certain acts were repealed and certain amendments to others clearly required by the constitution were made. most of these amendments wore matters of form. para. 28 of the order is in these terms :28-any court, tribunal or authority required or empowered .....
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