Court : Gujarat
Decided on : Nov-08-1967
Reported in : 1969CriLJ810; (1969)GLR611
..... note that the respondent baa been sentenced to four years' rigorous imprisonment for the offence punish, able under section 304, part ii of the penal code. the learned sessions judge baa taken into account the important circumstance that this respondent was in jail as an under, trial prisoner from 6.8.1966 till the date of his judgment. the judgment ..... is likely to cause death. the offence proved beyond reasonable doubt against the respondent is an offence punishable under section 304 part ii of the penal code. the learned sessions judge has taken that view. we are hearing an acquittal appeal. we do not find any good grounds or good reasons which would justify us to differ from that view. ..... cc (55) have been referred to. they can be referred to, with advantage at this stage as they are very illuminating:the inquiry as to intent is far less simple than that as to whether an act has been committed because see cannot look into a man's mind to see what was passing there at any given time. what he .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-29-1967
Reported in : (1971)12GLR850
..... was that in order to be appealable under clause 15, a judgment must be a judgment pursuant to section 108 of the government of india act, 1915, but a judgment given by a single judge of the high court hearing an election petition under section 80a sub-section (2) is not a judgment pursuant to section 108 but is a ..... as in the present case, where jurisdiction to try an election petition is conferred for the first time by the representation of the people (amendment) act, 1966, an order made by a single judge in the exercise of such new jurisdiction would not be subject to the appellate jurisdiction possessed by this high court under clause 15 read with section ..... to first examine the correctness of these grounds.12. re: ground (i): the question which arises for consideration under this ground is whether the judge of the high court trying an election petition is acting as a court or as a special tribunal as distinguished from a court. to our mind the language of the various sections in part vi .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-18-1967
Reported in : 1970CriLJ97
..... and if in that mutual fight one causes injury to the other, no right of private defence is available to either side and in those circumstances, the learned sessions judge was perfectly right in convicting him for an offence under section 304, part it of the indian penal code.7. before we actually go to the appreciation of evidence ..... under the general exceptions in chapter iv of the indian penal code, for it is the contention of mr. vin that much though section 105 of the indian evidence act contemplates that the burden of proving the existence of circumstances bringing the case within any of the general exceptions in the indian penal code or within any special exception or ..... to fight had indulged in fighting after getting themselves armed with sticks and if in that fight any person gets injured, he must face the consequences arising out of that act and he is not entitled to invoke the aid of any such right of private defence. that would require me to consider as to what can be called a .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-10-1967
Reported in : 1969CriLJ557; (1969)GLR537; (1968)IILLJ55Guj
..... [a.i.r. 1958 all. 429], a division bench of the allahabad high court has observed as under : 'the criminal law amendment act (1952) has created special judges who differ from the sessions judges only in this respect that they follow a different mode of trial, but all the other provisions of the criminal procedure code apply to both alike. ..... the provisions of sub-secs. (1) and (2) the other provisions of the code of criminal procedure which are not inconsistent with this act will apply to the proceedings before the special judge and his court shall be deemed to be a court of session. in other words, excepting the mode of trial prescribed in sub-section ( ..... act of a police constable in driving rashly and negligently when driving a police jeep which was carrying a sub-inspector of police, who was proceeding for an inquiry, was held not to be done 'under colour or in excess of the duty imposed upon him as a constable-driver'.' 73. after referring to the observations made by the learned judge .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-10-1967
Reported in : (1969)10GLR537
..... state a.l.r. 1958, allahabad 429, a division bench of the allahabad high court has observed as under:the criminal law amendment act (1952) has created special judges who differ from the sessions judges only in this respect that they follow a different mode of trial, but all the other provisions of the criminal procedure code apply to both alike ..... deals with constitution of court of sessions for every sessions division. section 17 of the code deals with a topic regarding subordination of judicial magistrates and benches to sessions judge.section 17(b) of the code, which is very material for our purposes, runs as under:courts of sessions and courts of magistrates (including courts of presidency ..... 435 of the code.it should be made clear that by the special jurisdiction we mean special jurisdiction to hold an inquiry or to pass an order; as regards the trials for offences created by acts other than the indian penal code, the code bad made a provision (we have referred to section 5(2). once .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-02-1967
Reported in : AIR1969Guj28
..... dismissal that the present letters patent appeal has been preferred by the appellant.2. as regards the question of ownership of the two rickshaws, the finding of the learned judge of the city civil court that the two rickshaws belonged to the appellant has not been seriously challenged by mr. s. n. shelat appearing on behalf of the ..... threatens, or intends, to remove or dispose of his property with a view to defraud his creditors, the court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property as the court thinks fit, ..... the intention of the legislature has to be gathered from what has been enacted by it. it is also true that the cardinal rule of construction of the acts of legislature is that they should be construed according to how the legislature itself has expressed and when the language and the structure of a provision is clear, .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-25-1967
Reported in : (1968)9GLR1018
..... lays down how proceedings shall be commenced before the mamlatdar or the tribunal and it is provided that save as expressly provided by or under this act, all inquiries and other proceedings before the mamlatdar or tribunal shall be commenced by an application which shall contain the prescribed particulars. we need not enter into the ..... there was total want of jurisdiction in the mamlatdar. this basis, with respect i have to hold, is erroneous. the conclusion based, therefore, by the learned judge on this basis that the decision arrived at by the mamlatdar binds the parties on the principle of res judicata cannot stand and becomes unsustainable. in this view that ..... municipal corporation, is res judicata and binding on the parties to the litigation, is erroneous. this decision of the civil court creates an anomaly as the learned judge of the city civil court has observed that in his judgment, the decision of the mamlatdar was wrong and the mamlatdar had jurisdiction to try the issue referred .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-21-1967
Reported in : AIR1968Guj218; 1968CriLJ1173; (1968)GLR886
..... my attention to the case of apabhai hemabhai v. state of gujarat : air1962guj218 . a division bench of this high court has observed therein as under:--'in an inquiry or proceeding under chapter xviii of the code of criminal procedure, the magistrate without recording reasons, simply declined to commit the accused to the court of session under ..... triable by the court of session. nevertheless, 'discharge' as contemplated in section 437 is from the 'case' or 'matter' in respect of which the sessions judge directs the magistrate to commit an accused person to the court of session. though it is reasonable to presume that the same meaning is implied by the use of ..... it could be said reasonably that he had an intention to cause grievous hurt or at any rate he could be reasonably attributed with the knowledge that his act was likely to cause grievous hurt. the learned magistrate was, therefore, fully justified on convicting the appellant of the offence punishable under section 325 of the indian .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-27-1967
Reported in : AIR1969Guj100; 1969CriLJ471
..... that the accused has hidden the property in question, one important step in resorting to the aid of illustration (a) to section 114 of the act is satisfied, viz., possession. the line of inquiry as to whether the accused person who pointed out the thing was the person who had hidden it is very clear.the difficulty with regard to the ..... expect any sense of moral obligation in one who has not moved the authorities in the matter till he was himself suspected and questioned'.'with great respect to the learned judge, i beg to defer from these latter observations made by him, which are underlined by me (here kept in single inverted commas), in my opinion, there is no ..... the principal offender if he was 'an accessory after the fact, he must be the principal offender himself, at least one of the principals'.with great respect to the learned judge, i am of opinion that the reasoning made in the observations underlined by me (here in inverted commas) does not appear to be very sound. no such duty is .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-20-1967
Reported in : AIR1969Guj48; (1969)GLR253
..... the medical opinion that a person was an idiot because by the mere deficiency in reasoning power he was unable to manage his affairs was useless in the inquiry as to whether the person was an idiot in the eye of law. the testwhich was applied by the division bench was that a person who was capable ..... lunacy'. mr. vakil in this connection vehemently relied upon the decision of phillimore j. in whysall v. whysall, 1959 (3) all er 389, where the learned judge had interpreted the expression 'incurably of unsound mind' in a similar matrimonial legislation in england. on parity of reasoning mr. vakil argued that we should include even feeble-minded ..... , therefore, consider the import of these three relevant expressions, 'idiot', 'lunatic' and a person oil 'incurably unsound mind' in the context of the aforesaid scheme of the act.6. in titli v. alfred robert jones : air1934all273 , the division bench consisting of sir sulaiman c. j. and mukherjea j. had to consider the difference between medical and .....
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