Court : Punjab and Haryana
Decided on : Dec-12-1967
Reported in : AIR1968P& H416; 1968CriLJ1199
..... the law in england. it is the rule of practice so invariable and peremptory that it must be regarded as having hardened into a rule of law that the judge must be fully and expressly alive to the need for independent corroboration in material particulars both with regard to the offence and (he offender, that one accomplice cannot ..... be answered in the negative. the weight to be attached to his evidence is a matter of appreciation which is for the trial judge and will depend on the peculiar circumstances of this case8. section 123 of the act details various 'corrupt practices' sub-section (1) defines'bribery' the relevant part in clause (a) read with sub-clause (b). ..... 4. apart from any special provisions made in the act, the trial of the election petition is governed by the procedure laid down in the civil procedure code. however, it is now well settled that a charge of corrupt practices is in the nature of a criminal charge and the standard of judging evidence has to be the same as in a .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-29-1967
Reported in : 1968CriLJ1302
..... the accused had given some counter version of the incident and on that account he had not shown their arrest till 12 at noon on 12th january, 1967. the trial judge accepted the prosecution version and declined to give any weight to the accused-appellants' plea that bachan singh, along with his brother and other bad characters came to their tube ..... of criminal procedure some four years' back. the parties came to terms and with it the proceedings ended. about 4 days before the occurrence a case under the punjab excise act was registered against bachan singh p.w. by the police. he thought that mohan lal accused-appellant and his brother ishar singh were responsible for it, in order to collect .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-28-1967
Reported in : [1966]36CompCas31(P& H)
..... neglected to pay the amount claimed in the notice, within the meaning of clause (a) of sub-section (1) of section 434 of the act. not satisfied with the judgment of the learned single judge, theiappellant-company has come up in appeal.7. mr. bhagirath dass, the learned counsel for the appellant-company, has fairly and frankly conceded that ..... this is not a case where winding up can possibly be ordered under section 433(1) read with section 434(1)(a) of the act. moreover, the learned single judge having exercised his discretion in refusing to pass a winding-up order under section 433(c) which provision confers a discretionary jurisdiction, we cannot interfere with that ..... contained in the balance-sheet of a company amounted to an acknowledgment within the meaning of section 19 of the limitation act, 1963, or not. even at the hearing of the winding up petition before the learned single judge the respondent-company did not deny its liability to pay the amount shown to be due from it to the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-13-1967
Reported in : AIR1969P& H4
..... called the act ) and the orders passed by the settlement commissioner on 4th of november, 1963 had consequently become ineffective and inoperative, the powers of this authority, as a delegate of the central government having ceased to exist. the second ground on which the petition has been dismissed by learned judge is that the appellant failed to ..... as the stipulated price of this property has been paid by the punjab government in six half-yearly instalments as contemplated in the agreement.5. the learned single judge having taken the view that the package deal divested the central government and its officers of any authority over lands which had been transferred to the punjab state ..... judgment of d.k. mahajan j. of 2nd march, 1964, in civil writ no. 918 of 1962 (punj). no definite conclusion was reached by; the learned judge on this aspect of the case and it was said that the state government having denied that the property had ceased to vest in the central government the question for .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-09-1967
Reported in : AIR1968P& H277
..... or has been' either a high court or a district judge 'or is qualified for appointment as a judge of the high court' it is emphasised that section 110-b of the act empowers the claims tribunal, after giving the parties an opportunity of being heard, 'to hold an inquiry into the claim' and to 'make an award determining the ..... of arbitration imparted to the tribunal by the repeated use of the word 'award'. by way of analogy mr. goswami submits that the land acquisition act likewise invests the district judges who give awards of compensation after a full investigation of the matter pressed before them by the claimants and the collector. the adjudication done by the ..... same description mt goswami has pressed before us that the award given by the tribunal is hardly distinguishable from an award of a district judge given on a reference under the land acquisition act and the right of appeal to the high court in both cases conferred by the respective statutes is almost identical. the basic decision .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-08-1967
Reported in : AIR1968P& H495
..... the frame of the preliminary issues was not proper a definite issue on the disputed question of possession of the property should have been framed by the learned subordinate judge. inasmuch as the parties appear to have been fully aware of the dispute relating to possession and inasmuch as both sides led extensive evidence on, that point, it ..... or effective. the position regarding a valid and effective gift being made in the punjab, in the absente of the applicability of section 123 of the transfer of property act, appears to be the same under the hindu law as in cases governed by the customary law. 'gift consists in the relinquishment (without consideration) of one's own ..... represented to be done by the document did not in fact exist, nothing remained to be cancelled. the trial court has relied on section 39 of the specific relief act (1 of 187(sic)) the said provision is in the following terms: 'any person against whom a written instrument is void or voidable who has reasonable apprehension .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-03-1967
Reported in : 1968CriLJ858
..... fine of two hundred rupees vide his order dated the 27th april, 1966. the petitioner filed an appeal against that order which was dismissed by shri raghu singh, additional sessions judge, amritsar dated the 12th august, 1966. the petitioner still was not satisfied and has approached this court in revision.3. mr. giani, learned counsel for the petitioner, submitted that the ..... of the above facts, the case against the petitioner was registered and after the investigation he was sent up for trial under section 61(1)(c) of the punjab excise act, 1914. the trial was held by shri k.c. maini, magistrate first glass, who found the charge proved against the petitioner, convicted him accordingly and sentenced him to sis months .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-04-1967
Reported in : AIR1968P& H328
..... leave to appeal to the supreme court from this judgment was declined. 2. inder singh, while practising as a pleader in mansa in a regular inquiry held by the district and sessions judge, bhatinda, on 25th of may, 1962 was found to have accepted a sum of rs. 900 from his client in a criminal case for payment ..... behalf of the bar council, punjab under the provisions of order 47, rule 1, read with section 151, civil procedure code, on the around that chapter v of the advocate act, 1961, empowering the bar council to take disciplinary action not having been enforced yet, the high court itself could take the appropriate action. the bench having already expressed ..... the length of time which has elapsed since his dismissal, the extent to which he has been tried in other walks of life, the opportunities he had of acting honestly in the face of temptations and the opinions ofrespectable persons who have had personal experience of his honesty are the important determining factors'. 9. the lahore high .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-29-1967
Reported in : AIR1968P& H40
..... if any question arises whether a sum is payable to the government or to the custodian within the meaning of sub-section (1), the custodian shall, after making such inquiry as he may deem fit, and giving to the person by whom the sum is alleged to be payable an opportunity of being heard decide the question; and the decision ..... managing officer, defendant no. 3, resisted the plaintiff's claim amongst others also on the ground that the suit was not cognizable by a civil court. the trial judge framed necessary issues including the one, whether the civil court had no jurisdiction to hear the suit which was treated as preliminary and decided against the defendants.the revision ..... finally approved by the supreme court in abdul karim haji tayab v. deputy custodian-general, air 1964 sc 1256 which laid down-'the amended section 48 came into the act by act no. 91 of 1956 from october 22. 1956. sub-sections (1) and (2) are clearly procedural and would apply to all cases which have to be investigated .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-01-1967
Reported in : AIR1968P& H152
..... the purpose for which the legislature intended that the application for withdrawal should be declined would be fully achieved by reason of the aforesaid lacuna in the act no procedure having been provided for a case of non-prosecution similar to the one contained in sections 110 and 116 of publication in the official gazette so ..... they are quite different from those in the present case. there, the petitioner had omitted to implead, as required by section 82 of the representation of the people act, 1951, one of the candidates whose nomination had been accepted but who had withdrawn his 'canclidature subsequently. on an objection being taken, the tribunal had held ..... prosecute this petition and incur any further expenses and, therefore, wished to withdraw the main petition. as required by section 109 of the representation of the people act, 1951, the same was directed to be published in the official gazette and the case was adjourned till today for the decision of the leave application which .....
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