Court : Allahabad
Decided on : Oct-08-1937
Reported in : AIR1938All91; 173Ind.Cas.838
..... evidence of an approver and it has a further weakness that the person making it cannot be subjected to cross examination. in these circumstances, although the learned judges who decided the case in emperor v. shambhu : air1932all228 made use of expressions which suggest that confessions of this kind are not admissible against others when he ..... the course of their judgment, the facts were such that the statements did not amount to confessions and consequently were clearly outside the provisions' of section 30, evidence act. on the other hand, it must be admitted that the argument advanced on behalf of zahid beg does receive support from the judgment in emperor v. shambhu ..... and were admissible against man khan and dwarka. the question whether these confessions are also admissible against zahid beg depends upon the provisions of section 30, evidence act. this section is as follows:when more persona than one are being tried jointly for the same offence, and a confession made by one of such .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-01-1937
Reported in : AIR1938All102; 173Ind.Cas.663
..... the appellants' counsel have stated that their clients will file an application for extension of time under section 5, lim. act, in the court of the sessions judge and, having regard to the fact that the question now decided by us was not free from difficulty, we have every ..... viz. between 3rd and 5th december 1936, mr. crofts was informed by the local government that he had been made an additional sessions judge with effect from the date that he commenced the trial of the case. this order of the local government, though retrospective in terms, could ..... (1936) 23 a.i.r. mad. 163 in that case the madras high court had to construe the words 'inquiry or trial' used in section 526(a) of the code of 1898 and it held that:the pronouncing of judgment is not a part ..... of the inquiry or trial and, therefore, where a magistrate is transferred after he has completed the trial but before pronouncing judgment, the .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-21-1937
Reported in : AIR1938All49; 173Ind.Cas.669
..... was a case where there had been a complaint under section 500, i.p.c., where there had been a discharge and an application before the sessions judge that be should direct a further inquiry under the provisions of section 436, criminal p.c. toe decision in narayan v. seshayya (1900) 23 mad. 24 was quoted in the course of argument. the ..... merely as a suggestion that the case in narayan v. seshayya (1900) 23 mad. 24 might be distinguishable. the question 'whether the provisions of article 23 of schedule 1, lim. act, were to the effect that the period of limitation for a suit for damages for malicious prosecution should begin on the date of the acquittal and at no later date ..... it was not so barred if the period began to run from 9th january 1933. the rule of limitation is to be found in article 23 of schedule 1, lim. act. it is there said that the period of limitation for suits for compensation for malicious prosecution shall be one year from the date when the plaintiff is acquitted or the .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-10-1937
Reported in : AIR1938All8
..... to which the rightful owner of the property is entitled is not fixed either by an agreement or by some statute and depends on the result of the inquiry conducted by the court with a view to ascertain the amount which the rightful owner of the property is entitled to get from the person in wrongful possession ..... on 11th november 1935, but prior to that date champa devi had filed an application under section 4, encumbered estates act, and the collector had, under section 6 of the act, forwarded her application to the special judge on 26th september 1935. it appears that the fat that the collector had forwarded champa devi's application under the ..... behalf of champa devi that as the amount of mesne profits was ascertainable and could be fixed after proper inquiry, it could not be characterized as 'unliquidated damages', and therefore amounted to a debt within the meaning of the act as it constituted a pecuniary liability on the defendant. in our judgment this argument is untenable. 'mesne .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-04-1937
Reported in : AIR1938All276
..... given seven clear days' notice of the meeting as required by the bye-laws of the board framed under the provisions of section 173 of the act. the learned civil judge further held that a poll had been demanded at the meeting and had been refused and lastly that the resolution was not carried by the requisite majority ..... for damages against amba prasad was based on any different grounds from the claim for damages against the board. the learned civil judge apportioned the damages merely upon the ground that amba prasad had acted maliciously and in my view that is no ground whatsoever for awarding damages against amba prasad. in my view the claim for ..... , tiff to obtain other employment and earn his previous salary.56. as i have stated the learned civil judge apportioned the damages between the board and the chairman, but i am unable to understand upon what principle he acted. he found that the plaintiff was maliciously and illegally dismissed and that amba prasad the chairman was actuated by .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-04-1937
Reported in : AIR1937All742
..... were couched in the following terms:the purchaser from a decree-holder-purchaser under a money decree is the representative of the judgment-debtor for the purpose of inquiry into question relating to the execution of a distinct decree affecting the same property (p 128).24. the case therefore was of a different kind altogether and ..... notwithstanding certain observations made in the judgments of the learned judges, it cannot be accepted as a direct authority in support of the contention urged on behalf of the appellant. the full bench case of the calcutta high ..... right to apply for delivery of possession in this summary way and the right to maintain a suit, is further clear from the provisions of the indian limitation act. article 180 allows three years to a purchaser of an immoveable property for delivery of possession from the date when the sale becomes absolute, whereas article 138 .....
Tag this Judgment!Court : Allahabad
Decided on : May-13-1937
Reported in : AIR1937All701
..... the intention of the parties that there should be a reference to arbitration under schedule 2, civil p.c.; their intention was that their nominee should make an inquiry and that they would be bound by whatever statement he might make in court. as so often happens in such cases, the party whose interests are adversely affected ..... after having come to know what it amounts to.9. at the bottom of page 1154 the learned chief justice said:in concurrence with the opinions of the learned judges who have made this reference, i hold that an agreement to abide by the statement of a particular witness is in substance not a reference to arbitration. the ..... , coercion, undue influence or mutual mistake were established.11. it is argued by learned counsel for the applicant that since b, brij behari lal was authorized to perform acts of a judicial or quasi, judicial character, he was not a referee, but an arbitrator, and this contention derives some support from certain dicta of the learned chief justice .....
Tag this Judgment!Court : Allahabad
Decided on : May-11-1937
Reported in : AIR1937All610
..... it was thought necessary to safeguard the weakness of infants at large, even though here and there a juvenile knave slipped through.25. the learned judge rightly pointed out that section 41, specific relief act, had no application because in a suit against an infant there is no question of the cancellation of an instrument and when the minor is ..... based their decision on a supposed rule of equity and not on any particular section of any act. but in the course of the arguments before us the plaintiff's claim has been based on various ..... under section 65, contract act or under any other equitable principle, and can he also get a decree for sale of the mortgaged property.3. in the meantime the bench also called for a finding on another point which will be disposed of by the division bench separately. the majority of the learned judges of the lahore full bench .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-21-1937
Reported in : AIR1937All714
..... in original from mr. bhagwati shankar, official liquidator of the indian states bank, ltd. (in liquidation) and to say that the court considers it a fit case for inquiry by the police.i have the honour to be,sir,your most obedient servant,(sd.) s.e.j. mills,officiating registrar.8. thus, there can be no doubt that ..... may be called' was curable by reason of the provisions of section 537, criminal p.c., if it had not in fact occasioned a failure of justice. the learned judges gave effect to the view expressed by the full bench in kapoor chand v. suraj prasad : air1933all264 . they then proceeded to consider whether the accused had been prejudiced. ..... on their trial. even assuming however that the provisions of section 237, companies act, were not substantially complied with, it is obvious that the act nowhere lays down that there can be no prosecution on a criminal charge otherwise than upon a direction by the company judge or judges. in our opinion, there is no force in this plea.9. the .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-31-1937
Reported in : AIR1937All569
..... 1. the requirements of clauses (a) and (b) of the proviso to sub-section (1), section 8, court of wards act were not satisfied. 2. the mandatory provisions of serction 8, sub-section (2), had not been complied with. 3. the inquiry under section 9 had not been conducted according to law.15. srivastava, j. held that even if the provisions enumerated ..... right in coming to the conclusion that 'gross annual profits' meant the sum representing the difference between the gross receipts and the land revenue. the decision of the learned judge of the court below upon this aspect of the case was, in our view, correct, and we are bound to hold that even if the plaintiff is entitled to ..... sought to be challenged, the suit is clearly not maintainable by reason of section 11 of that act.25. the learned civil judge, however, was of opinion that the plaintiff's claim was also barred by reason of section 13, court of wards act. that section is in these words:if the right of the court of wards to assume or .....
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