Court : Supreme Court of India
Reported in : AIR1951SC441; (1951)IIMLJ291; [1951]2SCR729
..... evidence in the committal court cannot be used in the sessions court unless the witness is confronted with his previous statement as required by section 145 of the evidence act. of course, the witness can be cross-examined about the previous statement and that cross-examination can be used to destroy his testimony in the sessions court. if ..... record in the sessions court under section 288, the witnesses who made the statements were not confronted with their previous statements as required by section 145 of the evidence act. 20. dealing first with the examination of the appellant by the sessions judge, all he did was to read over the examination of the accused in the ..... were not put to these witnesses and as their attention was not drawn to them in the manner required by section 145, evidence act, they were not admissible in evidence. the observation of the privy council in bal gangadhar tilak v. shrinivas pandit 42 i.a 135 are relevant here. 35. in the case of narindar singh, his previous .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC236; [1954]1SCR817
..... seat. jasani's election was challenged on the ground that he was subject to the disqualifications set out in section 7(d) of the representation of the people act (act xliii of 1951) as he was interested in a contract for the supply of goods to the central government. 6. the election tribunal held that the rejection of ..... the caste system and follow the rituals of their own caste and carry on social contacts with their caste people and marry among them. similar views are expressed by bal krishna mahanubhav shastri. but we are not really concerned with their theology. what we have to determine are the social and political consequences of such conversions and that ..... 1952crilj955 . 51. none of these provisions is quite the same as article 299. for example, in article 166, as also in section 40(1) of the government of india act of 1935, there is a clause which says that 'orders' and 'instruments' and 'other proceedings' 'made' and 'expressed' in the name of the governor or governor-general in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC246; [1956]29ITR349(SC); [1955]2SCR1196
..... territory of india, forming a part 'b' state. under article 372(1) of the constitution, the travancore taxation on income (investigation commission) act, 1124 (travancore act xiv of 1124) was continued in force 'until altered, amended or repealed by a competent authority'. 10. an indian states finance enquiry committee ..... income-tax officer on special duty, trivandrum, as an authorised official under section 6 of the travancore taxation on income (investigation commission) act, 1124 read with act xxxiii of 1950. the authorised official, hereinafter referred to as respondent 1, forwarded to the petitioner on the 21st november, 1951 for ..... ....... .......6...... ....... .......' 8. pursuant to this notice the petitioner produced the relevant books and the commission duly completed its investigation under the terms of the travancore act xiv of 1124. 9. before the commission could, however, make its report, the constitution of india came into force on the 26th january 1950 and the united state .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC541; 1956CriLJ945; [1956]1SCR476
..... minister and the chief minister of the punjab government. the question, however, remains whether, in uttering these slogans, they committed an offence under section 9 if the act. section 9 of the act reads as follows :- '9. whoever - (a) makes any speech, or (b) by words, whether spoken or written, or by signs or by ..... additional sessions judge also found against the appellants and observed that the slogans were highly objectionable and they fell within the ambit of section 9 of the said act, that by raising those slogans the appellants undermined the public order as well as decency and they also amounted to defamation. he, therefore, maintained the conviction ..... was prejudicial to the security of the state and the maintenance of public order and thereby committed an offence punishable unable section 9 of the security of the state act'. 3. the appellants pleaded not guilty and claimed to be tried. they also led evidence in defence. the learned magistrate, however, disbelieved the defence and, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC280; [1959]37ITR415(SC)
..... tax appellant tribunal by its order dated 8th june, 1951. 4. the appellants thereupon applied to the high court under section 66(2) of the income-tax act praying for for rule upon the respondent to show cause why the income-tax appellant tribunal should not state cases relating to the above four assessment proceedings and refer ..... were also dismissed on the 3rd december, 1949. 3. the appellants thereafter applied to the income-tax appellant tribunal under section 66(1) of the income-tax act requiring the said tribunal to state cases and refer certain questions of law to the high court at calcutta, for its opinion. these applications were registered as reference applications ..... the income-tax officers discovered that certain money had been received by the appellants from the manager he issued a notice under section 34 of the income-tax act in regard to the assessment year 1938-39. when in these income-tax returns were considered by the income-tax officer he came to the conclusion that certain .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC955; 1962(0)BLJR636; (1963)IMLJ40(SC); [1962]Supp2SCR769
..... restrictions, and, therefore void and unconstitutional. in brij bhushan's case : 1950crilj1525 , the same majority struck down s. 7(1)(c) of the east punjab public safety act, 1949, as extended to the province of delhi, authorising the imposition of restrictions on the freedom of speech and expression for preventing or combating any activity prejudicial to the ..... penal code, and of sub-para (e), sub-rule (6) of rule 34 of the defence of india rules. their lordships approved of the dicta in the case of bal gangadhar tilak i.l.r. (1898) 22 bom. 112, and in the case of annie basant v. advocate general of madras i.l.r. (1919) indap 176, ..... or small. whether any disturbance or outbreak was caused by these articles, is absolutely immaterial. if the accused intended by the articles to excite rebellion or disturbance, his act would doubtless fall within section 124a, and would probably fall within other sections of the penal code. but even if he neither excited nor intended to excite any rebellion .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC593; [1964]5SCR45
..... greatly prejudiced in their profession. the provisions made in the rules for original side of the said court and for barristers are ultra vires the indian bar council's act and/or amounts to discrimination.' 4. thus, the gist of the petitioners' complaint is that they have been denied by the state equality before the law. the ..... accommodation. the bar library club continued to have its separate accommodation from that allotted to the vakils, as they were called until the passing of the indian bar councils act (xxxviii of 1926). it was again the result of british rule in india, which introduced their own legal system in this country, that the member of the english ..... exercised in the matter of admission and that any application for admission shall be dealt with on its merits. of course, only those advocates who undertake not to act shall be eligible for admission as members of the club.20. this arrangement, agreed to by the respondents 3 and 4 representing their club, is a great improvement .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC522; (1969)2SCC634; [1970]1SCR894
..... jivatode v. vithalrao and ors., [1939] 2 s.c.r.766 this court dealt with the scope and content of sub-section (4) of section 123 of the act. the act is intended to protect freedom of speech on the one hand and to restrain malicious propaganda on the other. the provisions contained in sub-section (4) of section 123 ..... contains any intrinsic evidence that a meeting was held at hapur on 7 february, 1967.8. further, of the witnesses on behalf of the appellant p.w. 25 bal kishan spoke of the meeting at the hapur town hall maidan on 7 february, 1967 and he also stated that three pamphlets were distributed and two issues of newspapers were ..... on by the appellant are that respondent prakash vir shastri is guilty of corrupt practice under sub-sections (3), (3a) and (4) of section 123 of the said act. the appellant contended that respondent prakash vir shastri made communal propaganda against the appellant and also published false statements in relation to the personal character of the appellant. in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC91; 1976CriLJ172; (1976)1SCC145
..... prosecution did not choose to examine gurdev singh, excise & taxation officer, though, according to the evidence of jagdish raj, arjun das, inspector hardas singh and sub-inspector bal dev singh, gurdev singh happened to come there before the person of the appellant was searched and he was a witness to the search. the only reason given by the ..... the appellant charging him for offences under section 161 of the indian penal code and section 5(1)(d) read with section 5(2) of the prevention of corruption act, 1947. the appellant was, as pointed out above, convicted and sentenced by the learned special judge and his conviction was confirmed in appeal by the high court, ..... sentence recorded against the appellant under section 161 of the indian penal code and section 5(1)(d) read with section 5(2) of the prevention of corruption act, 1947. the appellant was tried by the special judge, amritsar and for each of the two offences he was convicted and sentenced to undergo rigorous imprisonment for one .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC449a; 1976CriLJ346; (1976)1SCC644; [1976]3SCR119
..... (pw 5).14. the accused stands charged under section 161, i.p.c. and section 5(2) read with section 5(1)(d) of the prevention of corruption act (briefly the act). his defence is that the case was concocted against him by the complainant and the money was planted in his pocket as he 'had casually told him also not ..... nor about any conversation. pw 4, however, supported the complainant in his examination-in-chief although he added that 'the accused denied having taken any bribe when challenged by inspector bal krishan' in the course of his cross-examination, however, he stated that he 'could not hear the talk between the complainant and the accused' constable babu ram (pw 6), ..... recovered besides rs. 51/- from the accused vide memo pw 1/d. pw 4, however, stated that 'the accused denied having taken any bribe when challenged by inspector bal krishan'.12. it may be mentioned here that p-2 is the chalan relating to the complainant's brother. charan dass. it appears from p-2 that the case against .....
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