Court : Orissa
Decided on : Dec-22-1967
Reported in : 34(1968)CLT215; 1968CriLJ1251
..... is a complete fabrication.in sub-stance, his finding is that the prosecution-evidence is a partial fabrication. therefore, it was the bounden duty of the trial judge is shift grain from the chaff and indicate independent and unimpeachable evidence on record with the. aid of whish such separation was brought about. it is only ..... witnesses must be discarded. while accepting this contention that there were serious discrepancies and that the projection developed its case from stage to stage, the leavened sessions judge repelled the defence contention on the footing that since the occurrence is admitted to have taken place on the 21st, the discrepancy and the development in the ..... after that was done, the grain could be acted upon. when discharging this function, it is not open to a judge to rely on any part of the tainted evidence for any purpose whatsoever. though this salutary principle was pointedly brought to the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-27-1967
Reported in : AIR1970AP56
..... name finds a place in the electoral roll. this conclusion was based upon the reasoning that in the provisions of the uttar pradesh municipalities act, which fell fro consideration before the learned judges, the fact of non-attainment of 21 years of age was not specifically mentioned as a disqualification either for entry in the electoral roll would ..... may either on such objection which may be made at the time to any nomination and may either on such objection or on his own motion after such summary inquiry, if any, as the thinks necessary, reject any nomination on any of the following grounds.'then a number of grounds on which a nomination can be rejected ..... a disqualification and the provision empowering all persons, whose names appear in the electoral roll, to exercise their franchise, were the two reasons on which the learned judges came to the aforesaid conclusion. it should be noted that the aspect of the constitutional disability of the voter and for that reason the voter's name should .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-27-1967
Reported in : AIR1969AP148
..... i am inclined to hold that such a statement falls within the purview of section 145 of the evidence act. i do not therefore agree with the learned chief judge that the defendants could not put questions under section 145 with reference to those previous statements of p. w. ..... statement which though not in the hands of the witness himself, yet it is a statement which has been reduced into writing by the judge of the small cause court. such a statement therefore can be put to the witness under section 145 for the purpose of contradicting ..... court of small causes for recovery of a certain amount. the trial of the said suit had an unfortunate and chequered career. the chief judge, who tried the case first, was transferred before the case was concluded. he had recorded the statement of p. w. 1., the ..... -examine p. w. 1 with reference to his previous statements for the purpose of section 145. evidence act. the petitioners will get their costs in c. r. p. no. 1968 of 1966 only. 9. petition allowed. .....
Tag this Judgment!Court : Delhi
Decided on : Dec-28-1967
Reported in : 4(1968)DLT284
..... the last grounds .no longer concern us and the controversy now centres round the second ground. buth the rent controller and the learned district judge, who constitutes the appellate authority under the punjab act, have acceded to the landlord's prayer and directed the tenant to vacate the premises. the rent controller had, it may be pointed ..... with the ntoification dated 14th april, 1937, by means of which the governor of punjab conferred on all district & sessions judge in punjab powers of appellate authorities for the purposes of the punjab act in regard to the orders made by the rent controllers under sections 4, 10, 12 and 12 thereof. it is argued that ..... the omission to describe himself as district & sessions judge. shri d. b. lal, has nto exercised his power as appellate authority under the punjab act and, thereforee, his order is a nullity. this objection is, in our opinion, wholly unmeritorious. if the district & sessions .....
Tag this Judgment!Court : Delhi
Decided on : Dec-28-1967
Reported in : 4(1968)DLT412
..... suit in a civil court was competent and was nto hit by the provisions of the himachal pradash abolition of big landed estates and land reforms act (hereinafter called the act). the learned district judge, it may be pointed out, placed reliance for his decision on certain decisions of the lahore high court, especially the decision reported as buru ..... just going to be stated, that decision deals with a somewhat different statutory scheme. the judges held in the reported decision that a tenant, who has been dispossessed, can bring a suit for possession under section 50 of the punjab tenancy act within one year of the date of dispossession from the tenancy, and if he fails ..... be pointed out that out of the five judges constituting the full bench of the punjab high court, two judges were hesitant in agreeing with the view adopted by the toher three judges, but they did nto record their express dissent from that view. we may now consider the scheme of the act so far as, relevant, and, can reasonably .....
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