Court : Punjab and Haryana
Reported in : AIR1954P& H203
..... it was open to a person to institute a suit at any time up to 4-9-1951. on 8-12-1950, parliament amended the act of 1948 by act no. 68 of 1950. by the amending act the parent act was to continue in force up to 31-3-1952. the period of limitation was thus extended up to 31-3-1952. on 7 ..... of this act may be admitted after the period of limitation prescribed therefor, when the plaintiff satisfies the court that he was ..... . on 4-9-1948 the central legislature enacted a measure known as the displaced persons (institution of suits) act (act 47 of 1948). section 8 of this statute was in the following terms: '8. notwithstanding anything contained in section 3 of the indian limitation act, 1908 (9 of 1908), or any special or local law, any suit instituted in pursuance of section 4 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1954P& H106
..... the words 'same offence' in section 239 of me code of criminal procedure implied that both the accused should have acted in concert or association and did not apply to a case like the present and that the two accused ought to ..... intention or knowledge, in prosecution of the common object of the said unlawful assembly under such circumstances that if by that act you had caused the death of pritam singh you all would have been guilty of his murder and that you caused ..... grievous injuries to pritam singh p. w. with such intention or knowledge and under such circumstances that if by that act you had caused the death of pritam singh you would have been guilty of his murder and that you caused hurt to ..... amended charge. each of the accused was called upon to answer the charge and each one of them claimed to be tried. it may here be pointed out that two sets of charges seem to be mutually exclusive because in the first charge the person who is accused of offences under sections 302, 307 and 324, indian .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1954P& H97
..... prosecution also produced the memorandum, p. h. in which the statement made by the accused had been recorded, and proved it under the provisions of section 27 of the indian evidence act as information given by the accused leading to the discovery of a fact. ram rachhpal was convicted and sentenced to five years' rigorous imprisonment and fine of rs. 10,000 ..... referred to as the code. indeed, before the amendment of section 162(2) of the code by act xv of 1941 section 162(2) of the code had already been amended to the same effect by u. p. act ix of 1940, n. w. f. p. act viii of 1940, punjab act ii of 1940 and bombay act xii of 1941. presumably, the legislature accepted the ..... construction placed upon section 27 of the act in -- '14 bom 260 (fb) (b)', to be correct when .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1954P& H182
..... the words 'for all purposes subject to the provisions of the indian evidence act, 1872' did not occur in the section as it stood prior to the amendment of 1923. in my opinion, the words 'subject to the provisions of the indian evidence act, 1872' added by the amending act only mean that the evidence admitted under section 288 of the ..... . c., does not contemplate such confrontation.12. mr. chona stressed the phrases 'in the discretion of the presiding judge' and 'subject to the provisions of the indian evidence act' in section 288, criminal p. c. he argued that 'in the discretion of the presiding judge' meant that the statements must be put to the witnesses and ..... used for the purpose of contradicting or corroborating statements made at the trial. this in my view is quite wrong.the phrase 'subject to the provisions of the indian evidence act' merely refers to the provisions with regard to relevancy, admissibility etc. what section 288, criminal p. c., in effect means is simply this: in certain .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1954P& H201
..... -3-1953. 21. in arguments it is said that the facts proved are not incompatible with the innocence of the accused. now, though illustration (a) appended to section 114, evidence act refers to cases of theft, that provision of law is no more than an illustration and the presumption arising thereunder extends to all charges, however penal, including murder. in numerous .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1954P& H178
..... or superior jurisdiction. the general scheme of the criminal law amendment act, 1952, makes it quite clear that the court of a special judge is a court subordinate to the high court. the preamble shows that this act was placed on the statute book with the object of amending the indian penal code and the code of criminal procedure and to provide ..... within the competence of a high court to transfer a case which lias been allotted to a particular special judge under the provisions of section 7(2), criminal law amendment act, 1952? and(2) whether it is within the power of a state government to transfer a pending case from one special judge to another special judge?7. section ..... the petitioners in the court of s. gurdev singh, one of the special judges appointed by the delhi state government under section 7(2) of the criminal law amendment act, 1952. s. gurdev singh recorded the statements of a number of witnesses but as a considerable volume of other work was pending in his court, the progress of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H226; 1956CriLJ1348
..... notification no. p 6 (24) /56 -- home dated 2-2-1950 which runs as follows:'no. p. 5 (24)/56-home: under powers conferred under section 1 of the indian police act 1861, the chief commissioner of delhi is pleased to invest the superintendent of police, delhi city, new delhi, and rural with powers of district superintendent of police to issue warrants ..... and the learned judge therefore observed :'it is obviously a general duty of the police under the act to enforce not only the indian penal code but also all the various special acts relating to offences such as the public gambling act; and where in any particular act the district superintendent of police is given certain powers i cannot see anything at all to prevent .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H210
..... court ol the learned magistrate be quashed.khosla, j.a criminal complaint by the respondent massey was filed under sections 31, 31a and 36, indian companies act against the all india anglo-indian association, its president frank anthony and its secretary g. w. russel. a preliminary objection to this complaint was raised on behalf of the accused ..... had not filed any complaint. horwill j. did not accept this contention. it appears that in madras also certain regulations had been framed under section 248, indian companies act. what precisely the language of the relevant regulation was in that case is not very clear from the report, but i take it, that the words enabled ..... to put it in another way, the question is, whether the words of the regulation are merely meant to enable the registrar to institute prosecutions under the indian companies act, or whether the power to institute such proceedings is given to the registrar alone and, therefore, taken away from every other person. this matter was .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1954P& H232
..... have given any relief to the accused by way of sending police to the village for their protection, & in my opinion, it cannot be held that the accused acted illegally in making arrangements for their own protection against invasion.11. i thus consider that the accused were entitled to use force as a defence against criminal trespass by ..... only in the circumstances be as trespassers, and it cannot make any difference to the fact that in preparing the land for cultivation ram karan and his friends were acting within their rights on the morning of the occurrence. if on that morning ramji lal and his relations had been the first to take physical possession of the field ..... the prosecution, they did not under the circumstances revealed by the evidence, constitute an unlawful assembly, and that whatever those who took part in the fight did, they acted in exercise of the right of defence of person and property and did not exceed either ot these rights.it is further argued that even if the causing of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1954P& H240
..... made show quite clearly that ibrahim was in gandarbal which is not outside india as kashmir had acceded to india in 1947 and kashmir was in law a part of indian territory and even under the constitution of 1950 jammu and kashmir is a 'b' class state and therefore forms and formed a part of the territories of india and ..... has then referred me to a division bench judgment in -- 'firm amin chand rakam chand v. mt. noshah begum', air 1954 punj 235 (b), in which section 8 of the act of 1950 was referred to, but there the finding was that the property had been abandoned. in the present case there is no such pleading and naturally no such finding ..... ibrahim. the decree-holders applied for execution of their decree on the 2nd december 1947, mr. bhatnagar, subordinate judge 1st class held that because of the administration of evacuee property act the execution could not proceed and he consigned it to the record room.the decree-holders came up in appeal to this court and on the 13th june 1949 the .....
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