Court : Allahabad
Reported in : AIR1959All559; 1959CriLJ1040
..... in that case chandrika had filed a criminal appeal through a counsel in which 5-7-1948 was fixed for hearing but by a mistake of the high court office the case was listed for hearing earlier and was heard and disposed of on 25-6-1948, ten days before the date fixed for hearing, with the result that ..... appeals, because their names were notprinted in the cause list.i dismissed the jail appeal with this modification that i ordered that that the sentence passed under the arms act would also run concurrently and not consecutively with the sentences awarded under sections 399 and 402, i. p. c. ..... arise inasmuch as the judgment dated 19-7-1957 can be said to ba due to the mistake of the office only so far as it related to the four appellants before me and not with regard to the ..... but direct that the sentence of two years imprisonment awarded to chandan under section 19(f) of the arms act shall also run concurrently along with the sentence imposed on him under sections 399 and 402, i. p ..... , of all the appellants have been ordered to run concurrently, the sentence under section 19(f) of the arms act imposed on chandan has been ordered to run consecutively.along with these four persons chiranji son of megh singh, chiranfi son of maharam, khushali, mahabir, balbir and ram gopal were ..... megh singh, one unlicensed pistol and six cartridges from the possession of chandan (appellant) and one unlicensed pistol and four cartridges from, the possession of chiranji son of maharam.certain other articles e.g. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All672
..... nihal chand : air1951all617 in which he held that when the post office accepts a value payable postal article it enters into a contract with the sender to deliver that article only against payment by the addressee of the sura specified by the sender and the proviso to section 34 of the post office act does not absolve the post office from liability to pay damages if in contravention of its contract, it neglects to collect the specified sum on delivery.his lordship expressly stated that he agreed ..... three sentences the court enunciated the principle of the contractual liability of the post office : 'the post office, in order to meet the requirements of traders and others who wish to recover the value of articles supplied by them, undertakes, on payment of certain fees, to act as their agents for the collection of the money (see rule 130, indian postal guide). ..... argument of 'no liability' is negatived by the very statement of objects and reasons of the post office act of 1898 which runs thus :'it (the bill) includes within its scope postal insurance, the value payable post, and the post office money order system and declares and limits the liability of the government in respect of ..... he decreed the suit on the ground that the post office 'cannot be absolved from its general liability under the contract act to pay the price or damages of the value payable article in question, if it neglected to return it to the plaintiff as undelivered or to collect its price on its delivery to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All446
..... section 14 (a) of the act lays down that in every proceeding under the act in respect of a postal article, the production of the postal article, having thereon the official mark of the post office denoting that the article has been refused, shall be prima facie evidence of the fact so denoted ..... it is, therefore, evident that in the case of a notice under section 106 of the transfer of property act, after that notice has been duly despatched through the post office by registered post to the correct address of the tenant, a presumption about due service of that notice can be made under illustrations (e) and (f) of section 114 of the indian evidence act, which reads as follows:--114. ..... (temporary) control of rent and eviction act (3 of 1947) and section 106 of the transfer of property act (as amended by act 20 of 1929) was sent by registered post by the landlord to the correct address of the tenant, but was received back by the landlord undelivered with an endorsement made by some one in the post office that the addressee had refused to take the notice on a particular day.2 ..... in our opinion the only difference between such a presumption of law under section 27 of the general clauses act and a presumption of fact under section 114 of the indian evidence act is that in the former case a presumption has got to be made by the court, while in the latter case, ..... it is also necessary to consider the rules framed under the act, indian post office rules 62, 63 and 64 (1) read as follows:--'62. .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)184CTR(All)39; [2003]260ITR315(All)
..... section 3(a) of the indian post office act, 1898, states :'(a) a postal article shall be deemed to be in course of transmission by post from the time of its being delivered to a post office to the time of its being delivered to the addressee or of its being returned to the sender or otherwise disposed of under chapter vii.'11. ..... ia under the scheme by postal certificate dated january 22, 1999, it should be presumed that it was received in the office of the designated authority in a day or two. ..... had the petitioner sent the letter by postal certificate on january 22, 1999, it would have reached the office of respondent no. ..... moreover, there is a difference between sending a letter by registered post and postal certificate. ..... however, the petitioner received the impugned order dated may 4, 1999, stating that the petitioner's application under the aforesaid scheme had been rejected as the same was received in the office of the commissioner of income-tax, agra, on february 5, 1999, i.e. ..... he submitted that the scheme does not contemplate that the declaration must be received in the office of the designated authority on or before january 31, 1999.7. ..... it is also a matter of common knowledge that postal certificates can easily be manufactured with an ante-dated date and hence no reliance can be placed on the same.12. ..... the above provision clearly indicates that merely by posting a letter it does not amount to making a declaration to the designated authority under section 88 of the finance (no. .....
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