Court : Allahabad
Reported in : AIR1967All476
..... reference whatever to the proceedings going on, as, for instance, if a man were to come in at the door of the court and the party, the witness or the advocate were to say him 'that man picked my pocket' obviously no question of privilege would arise, where such a statement were made not 'in office' at all.while accepting the authority of full bench in air 1918 all 69 : ilr 40 all 341 the bench observed. ..... 'ordinarily, i would have no hesitation in holding that this kind of answer had no reference to the proceedings before the court and is a gross abuse of the privilege of a witness a counsel cross-examining a witness is perfectly entitled to ask him if he was ever been convicted of the offence of theft, and if instead of giving a straight answer, yes or no, the witness starts abusing the counsel or flinging mud ..... therefore, a witness making a statement in judicial proceedings, who is subsequently sued for slander for having made that statement, can claim absolute privilege unless it can be shown that the statement was made without any reference to the proceedings before the court and had no connection with ..... as far as i can understand it from the report, his argument was that the fact that the indian penal code departed from the english doctrine of absolute privilege indicated that our legislature recognised that indian social conditions are different from the english and had therefore admitted that the principles of equity, justice and good conscience are not necessarily identical .....
Tag this Judgment!Court : Allahabad
Reported in : 1966CriLJ1361
..... sharma was actuated by pique and resentment and not by any concern for the administration of justice, in making his report since, he (sri saxena) had written several articles against him, and (2) that as the matters contained in the impugned passages were correct and he (sri saxena) wrote them for the good of the public and ..... all these considerations are, however, foreign to the decision of the present question as pleas of justification or privilege are not strictly speaking available to the contemner, except perhaps as matters tending to aggravate or mitigate the offence of contempt. ..... hence if the impugned passages are of the kind mentioned in the report, then they can form the basis of contempt proceedings, even if they were not made, in or in connection with any case.4. ..... sharma, the then judicial officer (city) kanpur, made a report to the registrar of this court, through the proper channel, that the three annexures marked a, b and c sent along with that report be brought to the notice of this court, and that suitable action might be taken against rajeshwar prasad saxena, the opposite party under section 3 of the contempt of court act, in this report sri s.n. ..... i, therefore, accept the report and holding sri rajeshwar prasad saxena guilty of contempt of court, sentence him to six weeks simple imprisonment and also order him to pay rs. ..... on this report notice was issued to the opposite party by gyanendra kumar, j. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All291
..... it will, again, be for the house to determine whether the speaker's ruling made distinctly and audibly that a portion of the proceedings be expunged amounts to a direction to the press reporters not to publish the same, and whether the publication of the speech, if it has included the portion directed to be so expunged is or is not a violation of the order of the speaker and a breach of the privilege of the house amounting to a contempt of the speaker and the house.'47. ..... ) further, the question of time within which the committee of privileges is to make its report to the house is a matter of internal management of the affairs of the house and a matter between the house and its committee and confers no right on the party whose conduct is the subject-matter of investigation and this is so ..... a copy of this notice is filed along with the petition, and is marked as annexure 4.in the supplementary affidavit filed with the writ petition it is alleged that the new committee of privileges was formed after the 16th may 1965, and that the report in respect of the matter was submitted by the new committee. ..... clause (i) of that rule provides that the committee of privileges should meet as soon as may be after the question has been referred to it and from time to time thereafter till a report is made within the time fixed by the house. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All349; 1965CriLJ170
..... our constitution clearly provides that until parliament or the state legislature, as the case may be, makes a law defining the powers, privileges, and immunities of the house, its members and committees, they shall have all the powers, privileges and immunities of the house of commons as at the date of the commencement of our constitution and yet to deny them those powers, privilegesand immunities, ..... assembly has the power to inflict the same punishments which the house of commons can inflict for breach of its privilege and rule 76 does not provide for any punishment which may be said to be severer than that which ..... , first that the power is enjoyed by the house of commons by virtue of agreement with the courts and not by virtue of its being a privilege of the house of commons and, secondly, that, even if it is considered to be a privilege of the house of commons, it cannot be imported into india as it would be inconsistent with the exercise of the power under article 32 by the supreme ..... that the conditions that prevailed in the dark days of british history, which led to the houses of parliament to claim their powers, privileges and immunities, do not now prevail either in the united kingdom or in our country and that there is, therefore, no reason why ..... any vote given by him in the legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a house of such a legislature of any report, paper, votes or proceedings. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All494; 1965CriLJ452
..... of opinion that a part of the casediary containing the confidential communications or reports are privileged but not the statements of witnesses or other allied matters contained therein.14 ..... to put it differently, privilege can be successfully claim-ed with regard to confidential reports or communica-tions, but not statements of witnesses recorded during the police investigation or documents like site plan ..... reports are of a confidential nature and privilege can ..... account of proper steps not being taken in adducing the necessary evidence, it shall, therefore, be necessary to make comments not only on the general question of privilege but also what can or cannot be proved and if it can be proved, in what manner 6. ..... nag 23, it was observed that the statements in the police diary were ordinarily privileged and could not be given to outsiders except under s, 162, criminal p. ..... me that the case diary maintained by a police officer during the investigation of a crime was a confidential document with regard to which privilege could be claimed and no evidence could be allowed to come on the record. ..... lay down a general rule that the case diary is privileged and its contents cannot be made use of in another case ..... police investigation, and also the site plan prepared by the investigating officer, are admissible in evidence for certain purposes, such documents though contained in the case diary cannot be treated as privileged documents which cannot be permitted to be brought on the record.11. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All75
..... particular resolution inside the house is neither a power nor a privilege referred to in article 194(3), but an ordinary right of a member of the house which right is to be exercised subject to the rules of procedure and conduct of business which may be framed by the house itself under ..... of the constitution, which entitles a house of the legislature to make rules subject to the provisions of the constitution for regulating its procedure and conduct of business, that although article 194(3) guarantees the powers, privileges and immunities of a house of the legislature or its members as being the same as those of house of commons of the parliament of the united kingdom and its members, a right to move a ..... deputyspeaker was occupying the chair that day fromthe very beginning, and there is nothing in theprinted official report to show that the speakerwas even present in the house ..... .'and reference was then made to two reported proceedings of the house of commons, one dated 25th may, 1925, and the other dated 7th may, 1962, contained in parliamentary debates ..... said or any vote given by him in the legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a house of such a legislature of any report, paper, votes or proceedings ..... on a decision reported in united .....
Tag this Judgment!Court : Allahabad
Reported in : [1962]46ITR293(All)
..... narayanappa, which at page 350 of the report lays down as under :'either as a manager of a joint hindu family business or even as managing partner or as a co-owner looking after the common business or property, (he) would not ordinarily be entitled to remuneration at all. ..... raghavachariars hindu law, fourth edition, page 276, based on the same case :a manager is in loco parentis to the other members of the family and his position which is unique is the result of both necessity and ancient privilege. .....
Tag this Judgment!Court : Allahabad
Reported in : [1964]54ITR133(All)
..... . in effect and substance, they are for the purchase of earth with a privilege to enter upon the land for the purpose of digging and removing the earth ..... . with regard to that lease, the learned judge observed at page 204 of the report as follows :'the other agreement, exhibit td, however, is of a different character ..... . at page 45 of the report of the assam bengal cement cos case he observed as follows :'i do not read these observations as merely indicating an approval of decision in benarsidas jagannath ..... . who delivered the judgment of the full bench observed at page 196 of the report as follows :'.. ..... . two of these leases on the special terms of which the decision turned were exhibits tg and th printed at pages 189 and 190 of the report ..... . at page 73 of the report s. k .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All401
..... this representation was described to him to be an appeal against the aforesaid order.the chancellor obtained a report from the university on this representation and in the end made an order on the 2nd of july, 1959 that dr. ..... subramania iyervice chancellor3-1-1959' it might be worthwhile at this very place to reproduce tile fallowing report which had been placed before the vice chancellor on the letter from thedean and on which he ultimately made the above order:--'dr. s. n. ..... and that in holding the post it can further be predicated that he does so in a substantive capacity in the cadre.besides holding the post substantively it must further be established that his appointment thereto carried with it the further privilege ot substantively occupying a place in the cadre. ..... the chancellor thereupon asked a report from the university which supported the vice chancellor's decision.dr. ..... the office of the head or the department carried with it a certain status and also entitled him to certain privileges. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All316
..... they have said that the rules there were framed under section 96b of the government of india act, and have held that these rules do not give any government official a right to enforce the privileges conferred upon them in a court of law.8. ..... so far as applicability of article 311 of the constitution is concerned, in my opinion, it would not apply in the present case, as has been held by their lordships of the supreme court in the case reported in parshotam lal dhingra v. ..... they have relied on another decision of this court reported in jagannath prasad v. ..... in a recent case reported in krishna lal v. ..... in the case reported in union of india v. t r. ..... i am supported in my view that if a reduction in rank is not by way of punishment, it does not attract the provisions of article 311, by a decision of the madras high court reported in devasahayam v. .....
Tag this Judgment!