Court : Himachal Pradesh
Reported in : 2002CriLJ3949
..... a correct record of the testimony of the witnesses. the section occurs in chapter xxv of the code, and deals with the mode of taking and recording evidence in inquiries and trials. to ensure a fair trial it is provided that the evidence shall be recorded in the presence of the accused, or where his presence is dispensed with ..... applied to the magisterial courts as well as to the sessions court and in substance are identical to section 276 of the new code, it was held as under :inquiries under ch. 12 are governed by section 356, criminal p.c. the magistrate is bound to record evidence in the manner prescribed by that section. it has been held ..... , my experience extending to about six such courts. optimaest legum interpres consuetudo.' i do not agree with this view, for the custom indicated by the learned judge cannot alter the plain words of the act. mr. morton's application was right, and if, as has been represented to us, that section is disregarded in practice, then i have no hesitation .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2003CriLJ1668
..... the code of criminal procedure preferred by the state (hereafter referred to as 'the petitioner') is directed against the order dated 31-12-2001 passed by the learned sessions judge, sirmaur district at nahan directing release of the respondent/accused (hereafter referred to as 'the respondent') in a case under sections 304-b, 494-a, 201/34 ..... the offence for which punishment could be imprisonment for less than 10 years.'9. while applying the above ratio to the case of the respondent, the learned sessions judge seems to have been influenced by the fact that minimum punishment provided for an offence punishable under section 304-b of the indian penal code is seven years, ..... deemed to have caused her death.explanation :-- for the purposes of this sub-section, 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961).(2) whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(2002)ACC98,2003ACJ262
..... remedy for him? is he to surrender to the product of the fraud and thereby become a conduit to enrich the imposter unjustly? the learned single judge who indicated some other alternative remedy did not unfortunately spell out what is the other remedy which the appellant insurance company could pursue with.(11) no one ..... inferior court or tribunal shall be final. c. singh v. s. singh air 1979 sc 1 and state of gujarat v. v.v. vaghela air 1968 sc 1481. a duty and responsibility is cast on the high court and is invested with the power of general superintendence to keep the courts and tribunals within ..... exercise its constitutional jurisdiction including the jurisdiction of superintendence over the proceedings before the inferior courts, tribunal, authority or other persons who are charged with the public acts and duties. english law originally derived its jurisdiction from the common law and the jurisdiction was exercised by issue of prerogative writs of mandamus, certiorari, quo warranto .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2004CriLJ2750
..... police party. when p.w. 7 started checking the bus, the accused alighted from the bus and tried to escape but was apprehended by the police party. on inquiries he disclosed his particulars. he was informed by p.w. 7 that he was suspected of being in possession of 'charas' and was given option of being searched ..... chemical examiner.3. on completion of the investigation, a charge-sheet was submitted against the accused, who was tried by the learned sessions judge, chamba, on a charge under section 20 of the act and was finally convicted and sentenced as aforesaid. hence, this appeal.4. we have heard the learned counsel for the accused and the ..... as per his belief based on such recorded personal knowledge or information any narcotic drug or psychotropic substance or controlled substance regarding which an offence punishable under the act has been committed or any document or article which may furnish evidence of the commission of such offence or any illegal acquired property or any document or .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2003CriLJ386
..... revision on account of any error, omission or irregularity in the complaint, summons,, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this code, or anyerror, or irregularity in any sanction for the prosecution, unless in the opinion of that court, a failure of justice has ..... being supplied a copy of judgment.32. one of the questions arising for consideration of the hon'ble supreme court was -- whether the failure of a trial judge to sign the judgment at the time of its pronouncement because of its having not been transcribed is a procedural irregularity curable under section 537 of the old ..... performs after the hearing. everything else up till then is done out of court and is not intended to be the operative act which sets all the consequences which follow on the judgment in motion. judges may, and often do, discuss the matter among themselves and reach a tentative conclusion. that is not their judgment. they may .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2003(2)ALD(Cri)17,2003CriLJ736
..... not armed with any weapon which clearly negatives the prosecution al-legation that the accused, along with their co-accused, acted in furtherance of common object of killing ramesh. it was further contended by the learned sessions judge, while dealing with the bail applications of the accused persons, has also observed that there is reasonable force in the ..... contention raised for the accused that the question regarding application of section 149 of the indian penal code is debatable. it was further contended that the learned sessions judge denied the bail to the accused persons mainly for the reason that the possibility of retributory action by or at the instance of the complainant party could not ..... executed by thakar singh. the two are distinct ones and one has nothing to do with the other. no intention on the part of niranjan singh from his act could be inferred in common with the intention of throttling by thakar singh, which followed later on. it is not a case in which it could be held .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2003ACJ865,AIR2002HP164
..... 2-5-1991 of the senior sub-judge, shimla was affirmed. the senior sub-judge had decreed the suit of the plaintiff with costs for declaration that the repudiation of the claims of the plaintiff with respect to policies exts. pa and pb conveyed to her vide letters exts. pc and pd is an act of arbitrariness and is null and void ..... . in the latest judgment of the supreme court in life insurance corporation of india v. asha goel (smt.), (2001) 2 scc 160 : (air 2001 sc 549), the learned judges have again referred to their earlier judgments in mithoo lal nayak v. life insurance corporation of india and life insurance corporation of india v. smt. g. m. channabasemma (supra) and ..... the contract of insurance. this point has been raised for the first time before this court and did not find mention in the grounds of appeal before the district judge. otherwise also, in view of the concurrent findings of both the courts below that the defendants have failed to make out a case of repudiation of the claim of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2003CriLJ2591
..... of property disproportionate to their/his known sources of income. there is not even material to infer the commission of any of the aforesaid acts by them. therefore, the learned special judge had rightly come to the conclusion that there is not even an iota of evidence to establish the necessary ingredients of the offence punishable under ..... effect of the evidence and infirmities, if any, emanating from the records, are to be taken into account to arrive at the conclusion. no roving inquiry into the alleged facts and weighing the material on record as if the conclusion is to be recorded, after recording of the evidence are required. in case the ..... of criminal procedure has been preferred by the petitioner/state (hereafter referred to as 'the petitioner') against the order dated 24-5-2000 passed by the learned special judge, sirmaur sessions division at nahan whereby he had discharged the respondents/accused (hereafter referred to as 'the accused persons') of the offences under section 13(2) .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2003HP114
..... the plaintiff claiming to be the rightful owner of the case property; filed an application in the trial court for return of the case property to him. after holding inquiry about the ownership qua the case property, the trial magistrate vide order ext. db dated 16-8-1994 held the plaintiff to be the owner of the property and ..... trial magistrate acquitted the plaintiff but confiscated the case property to the state vide his judgment ext. da dated 28-2-1987. on appeal by the plaintiff the sessions judge set aside the order of confiscation and ordered return of the case property to the rightful owner vide order ext. pw-2/a dated 30-11-1987. the ..... , balies etc., that is a lot of inferior quality. the auction of the timber was conducted by the defendants without notice to the plaintiff. such callous and negligent acts, deeds and conduct of the defendants in converting, stacking and auctioning the timber resulted in huge losses. had there been proper stacking and conversion of the timber, it would .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2004CriLJ695
..... . 4) and hc sunil kumar had laid naka at a place near bihali. at about 7.30 a.m. they saw the accused coming from sainj side. on inquiries, the accused revealed his name and address. getting suspicious that accused might be in possession of 'charas'. p.w. 5 gave option to the accused as to whether he ..... person of the accused and recovery of 'charas' from his possession. their statements are natural and confidence inspiring, therefore, have rightly been relied upon by the learned sessions judge in convicting the accused.ground no. (iii) :19. it was further contended by the learned counsel for the accused that the investigating officer did not give the option ..... . the accused, however, did not lead any defence.4. on the basis of the evidence on record, the learned sessions judge held the accused guilty of the commission of an offence under section 20 of the act and accordingly convicted and sentenced him as aforesaid. hence, this appeal.5. i have heard the learned counsel for the appellant .....
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