Court : Punjab and Haryana
Reported in : 1950CriLJ149
..... . but when after full and fair trial he stands con-victed of such wrong doing as demonstrates his unfitness to act as a pleader-an officer in courts of justice-and hi3 license as such has been revoked, if he petitions for reinstatement, the onus is on him to establish by satisfactory evidence that be has undergone such moral change as to render ..... this is a petition for reinstatement by baghbir singh who had been dismissed from practice as a pleader on 7th july i9il, by a full bench of the ..... as in the meanwhile raghubir singh bad left amritsar and started practice at pakpattan, the matter was sent for report to the district ..... the record shows that he was practicing at amrita in 1928 and en 9th september 1928, one bhagat singh made a complaint against him that he had received esection ..... . he has not called our attention to any single act that would tend to prove that because of a realisation of and regret for a wrong done to one of his fellow citizens he has of his own volition acknowledged this ..... be a case of a mind continuously engaged on schemes of criminality and acts which are unbecoming of a member of the bar ..... he ordered that as the material placed was not sufficient for taking action under the legal practitioners act, no further action need be taken. ..... year 1928 the petitioner had started on a career of quasi-criminality which culminated in his getting convicted for an offence which was not the result of momentary lapse, but it was a deliberate act calculatedly executed ..... (36) 1949 b. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1950CriLJ174
harnam singh j.1. mehnga singh, aged forty years, has been convicted under section 302, penal code, for the murder of dipo and under section 307, penal code, for the attempted murder of parsinni. he has been sentenced to death tinder section 302, penal code, and to four years' rigorous imprisonment under section 307, penal code, with the direction that the convict shall undergo the sentence of imprisonment only if the sentence of death is not confirmed by the high court. mehnga 8ingh appeals and the proceedings are before up under chap. 27, criminal p.c., for the confirmation of the sentence of death.2. the facts so far as material are that on 1st june 1948 at about noon time mehnga singh convict is stated to have murdered dipo, aged eight years, and injured parsinni, now, parsinni, p.w. 2, is the wedded wife of mehnga singb and dipo was the daughter of parsinni from her former husband hazara singh.3. the motive for the crime according to the statement of parsinni, p.w. 2, was that on 31st may 1948, she had prepared chasku (a sort of sweetmeat to purify blood) at a cost of bs. 2/s/-for her children as they were suffering from boils and she gave some of it to mebnga singh convict to eat but the litter refused and resented its preparation and became angry with her. the statement of pareinni, p.w. 2, seems to suggest that the accused considered her a liability as he was maintaining her and two of her children from hazara singh, former husband of parsinni, and thought that she .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1949CriLJ813
..... meant to be construed too literally in other words, they are to a certain extant terms of art which had already acquired a definite legal meaning before they were incorporated into the indian act and ordinanoe.then as to incitement to violence being a necessary ingredient of the law of sedition, the learned judges doubted whether that was what the federal court had meant. ..... section to do is to decide if the newspaper in respect of which the order of forfeiture has been made did or did not contain any words, signs or visible representations of the nature described in section 4, sub-section (1) of the act if the appears to the high court that the newspaper did not contain any words signs or visible representations of the nature described in that section then, by s. ..... adapting the english law, the indian legislature in the main body of the section used practically the same language in which the misdemeanour of sedition was formulated and defined by english judges ..... 44 described sedition as disloyalty in action and stated that law considered all those practices which had for their object to excite discontent and disaffection, to create public disturbance or to ..... fublio disorder or the reasonable anticipation, or likelihood of public disorder, is thus the gist of the offence, the acts or words complained of must either incite to disorder, or must be high as to satisfy reasonable men that that is their intention or tendency.in the result the federal court read into our aections the ..... 1949 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1949P& H401
..... . besides hereditary practices, it includes new rules made to suit new needs rules spontaneously evolved, in a manner most appropriate to the primitive state of the society in which they appear, by the agency of those interesting fictions which have played so large a ..... be that as it, may, the statement is there and a wajib-ul-arz being a part of the record of rights any statement contained therein will ordinarily carry a presumption of correctness as provided in section 44, punjab land revenue act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1949CriLJ834
..... rigorous imprisonment under section 19 (c), arms act, cr in the alternative under section 114, penal code read with section 19 (c), arms act, (2) to two years' rigorous imprisonment under section 19 (f), arms act, (3) to three years' rigorous imprisonment under section 5, explosive substances act cr in the alternative under section 6, explosive substances act read with section 6 of the act, (4) to five years' rigorous imprisonment under section 4(b), explosive substances act read with section 6 of the act, (5) to seven years' rigorous imprisonment under ..... now, the high court is competent to make rules for regulating its own practice and proceedings and the practice and proceedings of all courts subordinate to it in exercise of the powers vested in the high court in this behalf under section 554, ..... broom's legal maxims, 10th edition, we find:lastly, even where the course of practice in criminal law has been unfavourable to the accused, and contrary to principles of justice and humanity, it has been held that such practice constitutes the law, and cannot be altered without the authority of parliament.as already stated, the practice o this court in such matters is evidenced by the resolution cited above. ..... the act was passed in the interests of accused persons, and there is nothing in the english practice or the directions issued by this court which can be invoked to support the argument that the court has-the power to engage counsel for an accused person against ..... 66 of 1949 to argue .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1950CriLJ177
..... in the first place this judgment does not proceed upon the consideration of the provisions of section 9, evidence act, and in the second place, the witness in that case had stated at the trial that he could identify no one ..... 1 of kashmira singh oonviot and for similar reasons, i do not act upon his evidence of identification of angrez singh convict. ..... held :i am not aware of any section of the evidence act, which makes the identifloation prooeedings evidence at all, the only evidence, therefore, before the court was the statement of birjhan that he was among the daooits.now it appears that the court in deciding the ..... i have not acted upon the identification by indac singh p.w ..... 121, for in my opinion evidence of identification is relevant under section 9, evidence act, and it can be proved by any of the modes of proof given in part iv, chapter 15, evidence act.30. ..... r (36) 1949 b, p. ..... 440 of 1948 disposed of by me on 19th january 1949. ..... the (act that he did identify them is, however, admissible ..... 9, evidence act which, inter alia provides: 'facts which establish the identity of a person are themselves relevant ..... common instance of the use of a previous statement is of course for the purpose of contradiction or corroboration under ssection 145 and 157, evidence act. ..... benefit of arguments from an advocate on his behalf, so that arguments had necessarily to come for the most part from the bench; but finally they resolved themselves into a question of the interpretation of section 9, evidence act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1949CriLJ794
..... to hand and that being so, i hold that the possession of the articles recovered from mehnga singh and vir singh convicts on 19th december 1947 was recent within the meaning of section 114, illustration (a), evidence act, in this view of the case, i maintain the convictions and sentences mehnga singh and vir singh. ..... now, the presumption permitted by section 114, evidence act does not arise until the prosecution has established three facts; namely, the ownership of the articles in question, the theft of those articles, and their recent possession by the accused. ..... 119, evidence act provides:a witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing cr by signs; but such writing must be written and the signs made in open court. ..... counsel next contends that the possession of the convicts was not recent within the meaning of 8.114, illustration (a), evidence act. .....
Tag this Judgment!