Court : Gujarat
Reported in : (1976)17GLR1002
..... needless to emphasise that by such lighter punishment, even the purpose of the penal provision contained in section 304-a of the indian penal code and the motor vehicles act would be, completely frustrated.18. what had happened in the court of the learned magistrate is certainly deplorable but surely, as observed about without entering much into the ..... filed by the learned advocate and the report submitted by the learned magistrate in this court. normally, it is the settled practice that higher court is expected to act and accept the reports made by the judicial officers in such matters, but in the instant case, the affidavit of the learned advocate clearly states that he did ..... months for commission of offences punishable under section 304-a of the indian penal code and sections 78 read with section 112 and 116 of the bombay motor vehicles act, 1939.2. a few relevant facts giving rise to these two proceedings may be stated in brief:3. in substance, the prosecution alleged that on august 1, .....
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 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1976MP194
..... 1968 whereby daryao singh and his two minor sons claimed specific performance of the alleged agreement dated 1-10-1964, ex. p-5, entered into by ganesh singh, purporting to act as guardian of his minor son sunder singh, and mst. mathura bai, and decreed civil suit no. 12-a of 1965 brought by barelal and ramratan declaring that they were ..... the time of execution of these documents, both daryao singh and ganesh singh considered that sunder singh and mst. mathura bai were the real owners, and that ganesh singh could act only on their behalf, and not in his own right. the alleged agreement, ex. p-5, executed by genesh singh also amounts to an admission by him that, in fact ..... also uphold the finding of the learned additional district judge that since ganesh singh was not the real owner, and inasmuch as there was no lawful authority in him to act on behalf of sunder singh and mst. mathura bai, the agreement dated 1-10-1964, ex. p-5, executed by ganesh singh on behalf of sunder singh as his .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1924; 1976CriLJ1521; (1976)3SCC629; [1976]SuppSCR587
..... diary as to which witnesses were examined by him on the date of the occurrence which was obligatory upon him to do under paragraph 44 of the u.p. police act. the time when the investigation was commenced and the time when it was concluded are not mentioned in the case diary. the time when the investigating officer reached the ..... the charge of murder leveled against the appellants was established beyond a reasonable doubt. the high court is right in saying that the main question in the case was whether bal kishore and kusuma devi who were examine as eye-witnesses were truthful witnesses. but then it did not subject their evidence to any minute scrutiny. impressed overbearingly by the ..... 4 p.m. on the very day. the appellant shyam narain was arrested at about 2-40 p.m. on the same day under section 122 of the railway act for crossing the railway lines at fatehgarh.5. the appellants denied the charge that they had committed the murder of ram sanehi and stated that they were involved in the .....
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi97
..... in paragraph 2 of ext.pw-3/1. an assessment order was made by the income-tax officer for the assessmentyear 1963-64, for the assessment of l. bal mukand under the gifttax act, but the date of the assessment order is not given. theassessment order, ext. pw-1/2, states that shri r. c. sood hasattended on behalf of ..... -acquired property as the familyproperty. the legal concept of blending is embodied in the idea thatthere should be a conscious act of throwing the property into thejoint stock. the question is whether ext. pw-3/1 indicates thatl. bal mukand intended to throw the said two properties in the common stock and not to claim at any stage separate title ..... thereof. thereal intention behind the act of executing ext. pw-3/1 has to begathered. in my opinion, a clear intention of l. bal mukand to waivethe separate and exclusive right has been brought out in the declaration.the declaration of the intention of l .....
Tag this Judgment!Court : Rajasthan
Reported in : 1977WLN(UC)42
..... vith those statements in case it made a statement contrary to those admissions. the purpose of (sic) tradicting the witness under section 145 of the evidence act is very much different from the purpose of proving the admission. admission is substantive evidence of the fact admitted while a previous statement used to contradict a ..... court laid down the law, on this point, as under:admissions are substantive evidence by themselves, in view of sections 17 & 21 of the indian evidence act, though they are not conclusive proof of the matters admitted. we are of opinion that the admissions duly proved are admissible evidence irrespective of whether the party making ..... mangilal, pw8 purnanand and pw6 harakchand. however, he found pw1 vidhya prakash and pw6 harak chand unreliable. on the basis of the above findings the hon'ble acting chief justice dismissed the appeal by his judgment and decree dated october 23, 1975. hence this special appeal.4. learned counsel, appearing on behalf of the appellants, .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1978Raj1; 1977()WLN159
..... open to the courts to adopt another hypothetical construction on the ground that such a hypothetical construction is more consistent with the alleged object and policy of the act.8. the words used in the material provisions of the statute must be interpreted in the plain grammatical meaning. when such words are capable of two ..... .6. mr. lodha, learned counsel for the respondent, has supported the judgment of the first appellate court. he has con-tended that section 13 of the act deals with the general restrictions against the eviction of a tenant and as they were not found to be sufficient, special restrictions on eviction were introduced by amending ..... ble s. n. modi j., in prabhashanker's case (supra) in making the following observations.-'section 26 of the rajasthan premises (control of rent and eviction) act has not been deleted and retains itself. it restricts the execution of decree for eviction against the tenant from any premises etc. passed before the date of commencement .....
Tag this Judgment!Court : Mumbai
Reported in : (1978)80BOMLR593
..... panth maths were private properties of shishyas.30. neither the lower court nor the learned advocates and parties were conscious of the possible application of the bombay public trust act, 1950, to the mahanubhava panth maths and properties as prima facie the definition of 'public trust' would include such math under section 2(13) as the suit ..... 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 mahanubhava 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, ..... itself was misconceived ignoring the rules of hindu law and the provisions of the bombay public trust act, 1950, the plaintiff's suit is liable to be dismissed on the ground that she did mot set up the usage supporting her right in respect of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1978All18
..... dealt with different provisions of law, the observations made therein are helpful for construing the scope of the expression 'resided together' occurring in section 19 of the act. i consequently unhesitatingly hold that the three visits, attributed to the applicant, to bareilly to the father's house of the opposite party to achieve reconciliation between ..... petition had been lodged had no jurisdiction to entertain and hear it.4. the learned civil judge, bareilly, before whom the petition under section 10 of the act was pending, framed a preliminary issue as follows :--'whether this court has jurisdiction to try the suit'.on the preliminary issue the opposite party examined herself as ..... was found on allegations of mental and physical cruelty.2. undisputably the applicant and the opposite party were hindus within the meaning of section 2 of the act and were married according to the hindu rites and customs at allahabad on the 25th june, 1974, after their marriage they lived as husband and wife .....
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi739; 1978RLR111
..... . the same view has been taken by avadh behari, j. in suchitra kalsie vs. rajinder k. kalsie, 1975 plr d.s 79.(14) in mrs. rita nijhawan v. mr. bal krishan nijhawan, 1973 dlt 222, a division bench of this court held that the law is well settled that if either of the party to a marriage being a healthy ..... some incurable mental or moral disability resulting, in the man, in inability to consummate the marriage with the particular woman, or, 'n the woman, to an invincible repugnance to the act of consummation with the particular man, the marriage may, on the petition of either party. be declared null and void. it is further laid down in the footnote that where ..... ability to have intercourse in general.(13) in jagdish kumar v. smt. sita devi, , a learned single judge held that where the husband was wholly unable to perform the act of sexual intercourse with his wife for which he had full opportunity, having lived in the same room for two .or three days and nights immediately after the marriage, it .....
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