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 : 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 : 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 .....
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 : Supreme Court of India
Reported in : AIR1979SC1459; 1995LabIC1822; (1979)3SCC229; [1979]3SCR709
..... details to subordinate legislation. that is why some legislative powers are delegated to executive authorities, subject of course to the purpose and the scheme of the parent act, the constant vigil of the parliament or the state legislature, and the judicial control. these are reliable safeguards and with their easy availability, it is no ..... to supply energy to every person, the fact nonetheless remains that the state government had the overriding power to provide, by order made under section 22b of the act, for regulating the supply, distribution, consumption or use thereof. in fact sub-section (2) of that section categorically states that, without prejudice to the generality ..... consumption and use) order, 1977, dated september 19, 1977, hereinafter referred to as the order, which it made under section 22b of the electricity act, 1910, (for short the act), the company's grievance is that the high court has not granted all the reliefs which it had claimed in its petition under article 226 of .....
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