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Kashmiri Lal Vs. the State of Uttar Pradesh

Court : Supreme Court of India

Reported in : AIR1970SC1868; 1970CriLJ1647; (1969)2SCC706; [1970]2SCR187

..... special leave the appellant challenges his conviction under section 3 of the railway stores (unlawful possession) act, 1955.2. ..... the act is a measure providing for punishment of persons in unlawful possession of railway stores who cannot satisfactorily account how they came by the ..... the articles satisfy the definition of railway stores that the prosecution can be successfully launched against a person in unlawful possession thereof ..... mere unlawful possession of the property of any railway ..... it reads :if any person is found, or is proved to have been in possession of any article of railway stores reasonably suspected of being stolen or unlawfully obtained, and cannot account satisfactorily how he came by the same, he shall be punishable with imprisonment for a term which may extend to five years, or with ..... they were 'brand new' is also sufficient to show that they were intended to be used in the construction, operation or maintenance of the railway.in our view although the prosecution is not called upon to prove that the goods belong to any particular railway administration it has to establish that the articles were the property of a railway administration. ..... the strength of some information received on 28th july, 1964 that some stolen railway property was being sent out of lucknow through a motor transport agency, a sub inspector attached to the railway protection force along with another sub inspector of police searched the premises of the motor transport company at lucknow the .....

State of Orissa Vs. Udaya Padhan and ors.

Court : Orissa

Reported in : AIR1965Ori123; 1965CriLJ746

..... and under section 5 of the telegraph wires (unlawful possession) act, 1950 (act lxxiv of 1950) and have been acquitted ..... the charge under section 5 of the telegraph wires (unlawful possession) act, 1950 is not tenable ..... for instance, if a person is found near about the place of commission of theft immediately before or after the commission of the crime and is subsequently found to be in possession of the stolen property, of which he fails to give any satisfactory explanation, the presumption may be drawn that he was a thief ..... is no evidence that the accused persons actually committed theft in respect of the copper wires section 114 of the evidence act lays down (sic)-'the court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case. ..... and 3) and held that the prosecution could not establish beyond reasonable doubt the recovery of the copper wires from the possession of the accused. ..... but if the only evidence against him is his recent possession of the stolen property, the better presumption would be that he was a receiver of the stolen property ..... illustration (a) appended to the section is as follows : 'the court may presume- (a) that a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession. .....

Smt. Selvi and ors. Vs. State of Karnataka

Court : Supreme Court of India

..... state of maharashtra : (1980) 4 scc 600, one of the contentious issues was whether the statements recorded by a railway police force (rpf) officer during an inquiry under the railway property (unlawful possession) act, 1996 would attract the protection of article 20(3). ..... will be elicited by inhumane treatment and abuses; our sense of fair play which dictates a fair state- individual balance by requiring the government to leave the individual alone until good cause is shown for disturbing him and by requiring the government in its contests with the individual to shoulder the entire load; our respect for the inviolability of the human personality and of the right of each individual to a private enclave where he may lead a private life; our distrust of self- deprecatory statements; and ..... sheshappa dudhappa tambade air 1964 bom 253, the bombay high court had upheld the constitutionality of section 129a of the bombay prohibition act, 1949. ..... , `due process and the american criminal trial', 33 australian law journal 223, 231 (1964)] `less certain is the protection accorded to the defendant with regard to non-testimonial physical evidence other than personal papers. ..... waterfront commission 378 us 52 (1964), at p. .....

K. Mahalaxmi and Another Vs. Government of Andhra Pradesh and Others

Court : Andhra Pradesh

Reported in : 2000(5)ALD588; 2000(5)ALT517

..... under the andhra pradesh co-operative societies act, 1964 (act 7 of 1964) composed solely of members of the scheduled tribes or in such other manner and subject to such conditions as may be prescribed: 2(a) where a transfer of immovable property is made in contravention of subsection (i), the agent, the agency divisional officer or any other prescribed officer may, on application by any one interested, or on information given in writing by a public servant, or suo motu decree ejectment against any person in possession of the property claiming under the transfer, after due notice to him in the manner ..... the special deputy collector allowed the claim holding that the transfer of land in favour of the petitioners was not effected by the registered document as required under section 17 and they did not acquire the title to the same and the possession of the petitioner was unlawful and unauthorised asit was made in contravention of the provisions of 3(1) of the regulations and accordingly, directed the eviction of the non-tribal. ..... it is further stated that chellasani purnachandra rao has no right to transfer the land to any non-tribal gouramma, as she did not obtain the permission as required under section 47 of the hyderabad tenancy and agricultural lands act, 1950, the gift of the said lands by gouramma in favour ofher daughters were also illegal and unlawful as she did not acquire any right and title of ownership and permission of the competent authority.7. .....

Balkishan A. Devidayal Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : AIR1981SC379; (1980)82BOMLR471; 1980CriLJ1424; (1980)4SCC600; [1981]1SCR175

..... it is, therefore, proposed to replace the railway stores (unlawful possession) act, 1955, by a more comprehensive act so as to bring with its ambit the unlawful possession of goods entrusted to the railways as common carriers and to make the punishment for such offences more deterrent. ..... these appeals by special leave directed against judgments, dated january 17, 1974 and march 29, 1974, of the bombay high court, raise, among others, three important questions, namely :(1) whether an officer of the railway protection force, making an inquiry under the railway property (unlawful possession) act, 1966 (hereinafter referred to as the 1966 act), in respect of an offence under section 3 of that act of unlawful possession of the railway property, is a police officer for the purposes of section 25, evidence act and section 162 of the crpc. ..... the point pressed into argument is that an inspector of the rpf making an inquiry under the railway property (unlawful possession) act, 1966 into an offence under section 3 of that act, in substance, acts and exercises almost all the powers of a 'police officer' making an investigation under the crpc. ..... at present, offences against railway property are being dealt with under railway stores (unlawful possession) act, 1955, but this act has been found, by experience, to be ineffective in tackling with the enormity of the problems of theft and pilferages on railways. ..... narayanan [1964] 3 s.c.r.137 mohamed dastagir v. .....

Mohammad Aleem Vs. Maqsood Alam and ors.

Court : Rajasthan

Reported in : AIR1989Raj43

..... 173/62) against his step mother, smt fatima begum, and his brother, mazhar all, for the recovery of possession of a house situated in ladpura, kota city on the basis of a gift made in his favour by his grandfather, madar ali, the said suit was also for taking account of the mesne profits of the house from the date of the suit till the date of the delivery of the possession. ..... act, has observed that the said words must necessarily be limited by context in which they appear in the section and that the apparent object of the rule of lis pendens is to save a party from being denied the fruits of litigation by reason of a third party setting up rights independently, on the basis of dealings during the pendency of the litigation and that if that be the object there can be no logic or reason in extending the rule to a case where the compromise recognises entirely different rights than that claimed by the parties in the suit. ..... i find that most of the high courts, namely, high courts of madras, andhra pradesh, madhya pradesh, patna, pondicherry and gujarat have taken the same view as the allahabad high court and only the calcutta high court has taken a different view. ..... in that case relief was claimed in the suit on the basis of title of the plaintiff but in the compromise that case was given a good bye and the title and possession of defendants nos. ..... , 1955 as well as the registered gift deed dated 29th december, 1964 made by smt. ..... , 1964. .....

Shri Kishan Agarwal (Modi) Vs. Dr. Pitambar Dayal

Court : Rajasthan

Reported in : RLW2004(4)Raj2408; 2004(3)WLC782

..... sulochana's case (supra), on the facts that for as many as 18 years no objection was raised by the landlord against sub-letting and no action was taken for possession during the said period prior to institution of the suit in 1970 and the sub-tenant was openly in occupation of a part of the rented premises during the said period, .held that nothing was on the record to show that the sub-letting was unlawful and the tenant could not be evicted on this ground, the above judgment delivered in a.s. ..... in view of the admission of the defendant in the written statement, in his oral testimony and ex.12 which is an application in prescribed form submitted by the defendant in the name of the plaintiff to the assessing authority under section 15 f of the rajasthan lands and buildings tax act, 1964 it is clearly proved, that two rooms for drivers measuring 8ft. ..... high court that in an eviction suit tenant's interest being involved, he could not be precluded from questioning the validity of the genuineness of the gift deed while hon'ble the supreme court held that in eviction suit plea of the tenant that the sale was sham transaction should have been considered by the court. ..... the landlord was not having good relations with his son and daughter-in-law and wanted to live in his own house at ambala. .....

Asst. Collector of Central Excise (Preventive), Madras Vs. V. Krishnam ...

Court : Chennai

Reported in : 1983CriLJ1880

..... . once again, a similar question whether any officer of the railway protection force making an inquiry in respect of an offence under section 3 of the railway property (unlawful possession) act is a police officer in order to bring him within the purview of a police officer for the purpose of determining the admissibility of a statement of the accused under the section 25 of the evidence act, was considered by the supreme court in a balkrishan v ..... .' in the above case, their lordships, agreeing with the dictum laid down in barkat ram's case : [1962]3scr338 and badaku joti's case ( : 1966crilj1353 , held that an officer of the railway protection force conducting an inquiry under section 8(1) of the railway property (unlawful possession) act, could not be equated with an officer in charge of a police station making an investigation under chapter xiv of the (old) code. 36 ..... judges, while holding that a customs officer, either under the land customs act, 1924, or under the sea customs act, 1878, is not a police officer for the purpose of section 25 of the evidence act, observed as follows (paras 12, 22 and 25) :- 'the duties of customs officers are very much different from those of police officers and their possessing certain powers, which may have similarity with those of police officers, for the purpose of detecting the smuggling of goods and the persons responsible for it, would not make ..... 1 was a dealer at pondicherry and he used to purchase gold bars of foreign origin from messrs. .....

Guduru Bhaskar Reddy Vs. Somalapalli Venkata Subba Reddy (Died) Per Lr ...

Court : Andhra Pradesh

Reported in : 2002(4)ALD570

..... property of a female hindu to be her absolute properly :--(1) any property possessed by a female hindu, whether acquired before or after the commencement of this act, shall be held by her as full owner thereof and not as a limited owner.explanation:--in this sub-section, 'property' includes both movable and immovableproperty acquired by a female hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase ..... since then the defendants are in unlawful possession of the suit land. ..... the plaintiffs initially filed the suit for permanent injunction and obtained an exparte temporary injunction against the defendants in respect of the suit schedule property, but after hearing both parties the ex parte temporary injunction was vacated on 21-1-1969 by observing that the defendants 1 and 2 are in possession and enjoyment of the suit property since 1964. ..... 150, held that it is no longer a good law and negatived the contention holding that the alienee under those circumstances will not be, entitled to an absolute estate.21. .....

Gaddam Narsa Reddy and ors. Vs. Collector, Adilabad District and ors.

Court : Andhra Pradesh

Reported in : AIR1982AP1

..... the coming into force of he regulation in telengana area, the transfer was not valid, as no permission under section 47 of the hyderabad tenancy and agricultural lands act was obtained nor was the transfer validated by obtaining a certificate as required by section 50-b of the said act, and therefore, no title passed to the transferees and their possession of the lands became unlawful on the date of the coming into force of the regulation in telengana area, and the petitioners would not, therefore, be entitled to claim the protection of the provisions of section 53-a of ..... in force in the agency tracts, any transfer of immovable property situated in the agency tracts by a person, whether or not such person is a member of a scheduled tribe, shall be absolutely null and void, unless such be absolutely null and void, unless such transfer is made in favour of a person, who is a member of scheduled tribe or a society registered under the andhra pradesh co-operative societies act, 1964 (act 7 of 1964) which is composed solely of members of the scheduled tribes ..... para 5 (2) of the said scheduled empowers the governor to make regulations for the peace and good government of any ..... the regulation defined 'transfer' as meaning:'mortagage with or without possession lease, sale, gift, exchange or any other dealing with immovable property, not being a testamentary disposition and includes a charge on such property or a contract relating to such property in respect of such mortgage, lease, sale, .....