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 : Punjab and Haryana
Decided on : Oct-19-1967
Reported in : [1968]21STC276(P& H)
..... 1. this letters patent appeal is by the state of punjab and the assessing authority, excise and taxation officer, bhatinda, and is directed against the order of the learned single judge, dated the 15th march, 1963, allowing the writ petition under article 226 of the constitution of india by m/s. sewak hotel, bhatinda (now respondent).2. in the writ ..... ) speaking for the bench, observed at page 324-if i may say so with respect to the view expressed by the learned judge in sewak hotel's case, see [1963] 14 s.t.c. 524, the amending punjab act 8 of 1962 has been made expressly operative by section 1(2) of it on and from 1st april, 1959. the legislature ..... ) legislative supplement, part i, dated 2nd june, 1962. sub-section (2) of section 1 of the amended act runs as follows:-it shall be deemed to have come into force on the first day of april, 1959.6. the learned single judge while holding that the legislature could validly impose a tax retrospectively, was of the view that the authorities could .....
Tag this Judgment!Court : Delhi
Decided on : Aug-24-1967
Reported in : [1968]67ITR420(Delhi)
..... be regarded as essential to the acquisition of the plant and must be held to form part of the cost of the asset to the assessed. the learned judges further observed :&quto;on general principle there is scarcely any distinction between payment made to a supervisor who supervises the erection of a plant and the payment made ..... such buildings and machinery were acquired by the respondent company.&quto;after referring to the provisions contained in section 10 (2) (vi) of the indian income-tax act, 1922, the privy council pointed out that there cannto be any ambiguity with regard to the meaning of the provisions and the provisions talked of &quto;the original ..... &quto;building&quto;, the word &quto;building&quto; did nto include the land on which it is constructed. consequently, the relevant provisions of the indian income-tax act, make a distinction between the land on which a building is constructed and the building itself. thereforee, any general conception or ntoion of one nto being able to .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-23-1967
Reported in : AIR1968Guj198; (1968)0GLR907
..... that the evidence of witnesses in attendance has to be taken orally in the open court in the presence and under the personal direction and supervision of a judge in a suit. even in such substantial applications or matters, if the court feels that particular fact or particular facts be proed by affidavits, order 19, ..... as under:-'the evidence of the witness in attendance shall be taken orally in open court in the presence and under the personal direction and superintendence of the judge'.he also invited my attention to section 30 of the civil procedure code, the material part of which runs as under:-'subject to such conditions and limitations as may be ..... request that the opponents nos. 3 and 7 be directed to attend for cross-examination. his contention was that the learned civil judge, ((s.d.)), therefore, did not exercise the jurisdiction vested in him or acted with material irregularity in exercise of it. the impugned order should, therefore, be revised by this court in exercise of its .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-22-1967
Reported in : AIR1969Bom1; (1968)70BOMLR383; 1969CriLJ105; ILR1969Bom194; 1968MhLJ620
..... the previous case should be taken to include all the items misappropriated by the accused in course of the same transaction during that period. this, according to the learned judge, was the true interpretation of section 403, because they thought that the provisions contained in section 222 of the criminal procedure code would other-wise become meaningless. with great respect, ..... there is no express provision in the code under which proceedings can be squashed in circumstances such as those before us and the inherent power of this court to act in the interests of justice has been preserved by section 561a. as held by the supreme court in r.p.kapur v. state of punjab : 1960crilj1239 the ..... it is transparent that neither section 236 nor section 237 can have any application to the facts before us, because this is not a case in which the acts attributed to the petitioner are of such a nature that it is doubtful as to which of several offences the facts which can be proved will constitute. if .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-21-1967
Reported in : AIR1968Kant296; AIR1968Mys296
..... a. rules. rule 9 of the vigilance rules runs thus: provision in respect of certain matters: (1) anything done or any action taken (including investigations conducted, inquiries made, orders appointing the inquiring officer or authority issued, or proceedings taken) under rule 14a of the mysore civil services (classification, control and appeal) rules, 1957, ..... is that even if the chief justice had the power to dismiss he was not, in exercise of that power, competent to delegate to another judge the enquiry into the charges but should have made the enquiry himself. this contention proceeds on a misapprehension of the nature of the power. as ..... enumerated in the said notification. generally speaking, they undertake enquiries or investigations regarding the conduct of public servants, who are suspected or alleged to have acted for improper purposes or in a corrupt manner. before the constitution of the vigilance commission, similar powers and functions were being exercised and performed by .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-12-1967
Reported in : AIR1967Raj267; 1967CriLJ1702
..... trial with respect to each distinct offence. the object evidently is that the attention of the trial court should be directed to the evidence relating to the charge under inquiry and irrelevant matter should be excluded. this object is not achieved by adopting such procedure but defeated by placing on the record mere copies of the statements of ..... run concurrently. 2. it is needless to state the prosecution case as both the appeals can be disposed, of on the question of illegality committed by the trial judge in recording the evidence of the witnesses. it is urged by the learned counsel for the appellant that five prosecution witnesses were examined in case no. 9 but their ..... khan v. emperor, air 1928 lah 34, a person was tried separately for two offences namely, section 307, i.p.c. and section 20 of the indian arms act. the witnesses in the two cases were more or less the same. the trying magistrate recorded the evidence of the witnesses in one case and the copies thereof were taken .....
Tag this Judgment!Court : Chennai
Decided on : Aug-09-1967
Reported in : (1968)1MLJ184
..... in pursuance of clause 6 of the scheme aforesaid. consequently, it is unnecessary to apply to the interpretation to section 45 of the act given by the learned judges in the two writ petitions stated above.5. what remains therefore is to examine whether the present appointment by the deputy commissioner is ..... temple, kambarajapuram, kancheepuram taluk v. the commissioner, hindu religious and charitable endowments (administration), madras w.p. no. 547 of 1962. what the learned judges have laid down in the above decisions, is that when the commissioner for hindu religious and charitable endowments department proceeds to appoint an executive officer under section ..... 45 of the madras hindu religious and charitable endowments act, 1959, he is competent to do so without any reference to the trustee and that it could not be contended that before such appointment of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-02-1967
Reported in : (1968)ILLJ66P& H
..... appeal had been referred to the division bench and whatever points the bench decided, were conclusive. only certain points were left for decision by the learned single judge which were referred back to him but this could not detract from the conclusiveness of the decision of the bench on the vires of rule 17. moreover, ..... division bench. the division bench consisting of falasnaw, c.j., and haroans singh, j., decided to dispose of only certain points of law leaving the learned single judge to decide the appeals in the light of the views expressed by the bench. the bench decision is reported as chanan singh v. employees' state insurance corporation, ..... made a categorical statement at the bar that he had argued the question of the applicability of section 18 of the limitation act fully and had even cited the two lahore decisions before the learned single judge. in these circumstances, we do not consider that sri kapur should be debarred from raising the question of limitation which even .....
Tag this Judgment!Court : Chennai
Decided on : Aug-30-1967
Reported in : AIR1969Mad166
..... after an year of the summary order, would supersede the summary order.we are, therefore, unable to accept the principle of the calcutta decision following the decisions of single judges of this court, which are contrary to the full bench decision, which affirmed the earlier bench decision in : air1943mad36 . hence the fact that the plaintiffs had obtained ..... or of their own accord, assaulted the plaintiffs and trespassed into the suit houses, the second defendant is a minor. it is stated that the third defendant acted on behalf of the second defendant.thus even according to the averments in the plaint, it is defendants 2 and 3 who are in wrongful possession of the ..... properties from her husband. it is not stated in that decision that the statement is inadmissible in evidence. such statements are admissible under section 13 of the evidence act, though the value to be attached to the statement would depend upon the facts and circumstances of each case. but the statement in the gift deed was .....
Tag this Judgment!