Court : Mumbai
Decided on : Feb-26-1960
Reported in : (1960)62BOMLR613; 1960CriLJ1426
..... see : air1958all364 ; air 1959 mys 117 and : air1959mp264 .(3) but, with great respect, the effect of ss. 476 to 479a is different. section 476 provides for an inquiry on an application made to a civil, revenue, or criminal court or otherwise in respect of an offence referred to in s. 195(1), clause (b) or clause (c). section ..... .(2) these sections are in chapter xxxv of the code which refers to proceedings in cases of certain offences affecting administration of justice. section 476 provides the procedure of inquiry and complaint by any civil, revenue or criminal court on an application made to it or otherwise in regard to offences referred to in s. 195(1), clause ( ..... the code applies only to certain cases of false evidence, namely serious, flagrant and patent cases of perjury where the judge acts under s. 479a(1), and that s. 476 applies to all other cases of false evidence where the judge has not recorded a fining under s. 479a (1).(8) for another reason also the view taken by the .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-23-1960
Reported in : AIR1961Raj231; 1961CriLJ691
..... the provisions relating to disposal of property are contained in chapter xliii of the criminal procedure code. the various sections contemplate orders of the court in connection with inquiries and trials. a move before a magistrate for the proper custody of property during the course of investigation by the police does not fall within the ..... the purpose of proceeding, in a particular way as indicated in the subsequent provisions of this chapter,--proceeding under/section 200, and thereafter sending it for inquiry and report under/section 202. when the magistrate applies his mind not for the purpose of proceeding under the subsequent sections of this chapter but for ..... administrative order whereas the non-acceptance of the report and taking cognizance of an offence will give rise to judicial proceedings. the learned judge concludes that a magistrate can be regarded (to act judicially only if he takes cognizance of an offence under section 190 cri, p. c. and not until he does so. agreeing .....
Tag this Judgment!Court : Chennai
Decided on : Aug-22-1960
Reported in : AIR1961Mad92; 1961CriLJ382
..... case however contains certain errors (noticed in the order of reference) which justified the criticism that it is difficult to ascertain the precise reason which influenced the learned judges' to come to the conclusion they did. the judgment would appear as if the question arose in regard to the statements recorded under section 162, but it ..... ), held that the documents were not public documents, and that the accused would not be entitled to copies thereof. in the course of their judgment, the learned judges observed that, if the documents were held to be public documents, the accused should be held to have an interest therein which would entitle them to copies thereof ..... not be relevant, if the law enables a person to obtain copies of such statements even before the commencement of the inquiry or trial. it is claimed that sections 74 and 76 of the evidence act provide the statutory basis for the right of a person, against whom an information is given and is pending investigation, to .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-05-1960
Reported in : (1962)IILLJ549Cal
..... on the corporation to make regulations imposing a duty on the corporation to hold a judicial or a quasi-judicial inquiry into the charges of misconduct of its officers. there was, therefore, no duty either express or implied, to act in accordance with the provisions of article 311 in matters of dismissal of its employees and a writ could not ..... act, in this case, the u.p. district boards act, 1922. it was only from this point of view that the learned judge held that officers of a district board were 'in a sense government servants' or 'something akin to such ..... anr. : air1938all276 . in that case, harries, j., stated that in his view, officers of district boards were public officials and were 'in a sense government servants.' the learned judge held that the officers of district boards were part of the machinery of self-government, as provided under the local self government .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-19-1960
Reported in : AIR1961Raj24
..... including head injuries. there is a good deal of force in this contention of mr. rastogi.while holding the accused responsible for their individual acts, it was not open to the sessions judge to have considered the cumulative effect of the head injuries and to have held these two accused responsible for offence under section 308 i. ..... and shri jagdev singh, p. w. 6, the station house officer, who conducted the investigation. the accused made a complete denial and pleaded alibi. the learned sessions judge found the prosecution story substantially correct, but he found the case against handoo doubtful and acquitted him. according to him, the accused could be held responsible only for ..... . cannot be maintained. the learned judge held that there was no unlawful assembly and, therefore, the application of section 149 i. p. c. was out of question. he also did not apply section 34 i. p. c., but thought it proper to convict the accused on the basis of their individual acts. it was pointed out by mr .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-01-1960
Reported in : 1961CriLJ401
..... notice given to haribux respondent to stand and directed that gulab chand should sign the application, filet a proper affidavit and lead evidence necessary for the purpose of inquiry.it appears that gulab chand signed the application and also filed go affidavit. when this application came up for hearing on 18-11-1959 before bapna, j., ..... by affidavit being a recognised mode the term 'witness' should be liberally interpreted to include a deponent of an affidavit. the suggestion cannot be accepted. the evidence act being inapplicable to affidavits it cannot be treated evidence generally. of course under some special provisions of the civil procedure code and criminal procedure code and probably some other laws the litigants ..... haribux son of kundanmal of kuchaman the opposite party, filed an appeal on 15-5-59 in this court against the order of the district judge, merta setting aside his election. on the same date he filed an application for staying the operation of the order of' the district .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-05-1960
Reported in : 1961CriLJ71
..... may direct an investigation on receiving the report of the police officer under section 157 or such magistrate may depute any subordinate magistrate to hold a preliminary inquiry into the case. section 1159 relates to a point of time when the offence is under investigation and the magistrate is given the power to aid such ..... two magistrates who held them, were allowed in evidence on the footing that they corroborated the evidence given by the identifying witnesses to court. the. learned judge accordingly directed the jury to treat the statements of the witnesses before the magistrate at the identification parades as corroborative of the evidence which the witnesses gave before ..... section 164 may be used to corroborate or to contradict a statement made in court in the manner provided under sections 157 and 145 of the evidence act. the observation here was of a general nature but nevertheless it clearly said that the statement under section 164 was available for purposes of corroboration as .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-21-1960
Reported in : AIR1962AP187
..... of natural is that of harman, j. (as he then was) in byrne v. kinematograph renters society ltd., (1958) 1 wlr 762 (784). the learned judge said this:'what then are the requirements of natural justice in a case of this kind first i think that the person accused should know the nature of the accusation ..... then and there. the situation at this centre during the conduct of the examination became uncontrollable, because the majority of the candidates resorted to malpractices and indulged in acts of rowdyism. they attempted to assault one of the assistant superintendents and caused damage to the school building and furniture which was estimated at rs. 500/-. consequently, ..... 179, was approved. the case raised the issue whether respondent had a fair hearing. in the public inquiry which had been held in accordance with the statute, he and his witnesses had been heard orally but after the inquiry the board's inspector submitted his report to the board who decided the matter after considering the facts .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-24-1960
Reported in : AIR1960All579
..... the interests of discipline. under the rules the chief proctor is responsible for the maintenance of discipline and he has also the authority to hold inquiries. both he and the inquiry committee were thus authorities which had jurisdiction in the matter. there is no reason to hold that they did not discharge their duty honestly and dispassionately ..... the active participation in it of the petitioner.12. a grievance was also made that the academic council though it had before it the report of the inquiry committee and also of the proctor when it decided the action against the students, didnot give an opportunity to the petitioner and others similarly placed to offer ..... to the resolution. this happened on 15-4-1959. (see air 1960 all 256). the conclusion to which the learned judge came was that the academic council alone was under the banaras hindu university act and the statutes and ordinances, competent to mete out the punishment and that the standing committee which did so was not authorised .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-01-1960
Reported in : AIR1960All606; 1960CriLJ1285
..... is absolute; in other cases it has been held that the statement of a witness are privileged only if relevant to the issue under inquiry. in many of these cases the learned judges have put forward in support of their views considerations of public policy as affecting the public and the administration of justice. such considerations, it ..... section 499, i. p. c., and that they were not entitled to the privilege under section 132, evidence act.3. on appeal the learned sessions judge acquitted the respondents on the sole ground that a person who makes a defamatory statement as a witness in answer to a relevant question cannot be ..... made the statements but denied that they committed the offence of section 500, i. p. c., by making them and claimed the privilege under section 132, evidence act. the trial court convicted the respondents holding that the statements made by the respondents in their depositions were defamatory and did not come within any of the exceptions to .....
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