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Gulzar Singh Vs. State of Punjab and anr.

Court : Punjab and Haryana

Reported in : 1980CriLJ774

..... the two relevant provisions to which our attention has been invited, are sections 34 and 42 of the east punjab children act, 1949, which are reproduced below for ready reference:34(1) when a child is found to have committed an offence of so serious a nature that the court is of opinion that no punishment which, under the provisions of this act, it is authorised to inflict is sufficient, the court shall order the offender to be kept in safe custody in such place or manner as it thinks fit and report the case for the orders of the state government. ..... following the dictum of narjit singh's case (supra), we report the case to the state government under section 34(1) of the act and direct that the petitioner, who is already housed in the borstal jail, faridkot, be kept in safe custody in that institution, separate from adult prisoners and hardened criminals, having proper facilities for education, vocational training and ethical instruction, on such conditions and for such period as the state government thinks fit. ..... the petitioner was, therefore, housed in borstal jail at faridkot, where he is undergoing a sentence of imprisonment for life.3. .....

Bohar Singh Vs. State of Punjab and anr.

Court : Punjab and Haryana

Reported in : 1981CriLJ1141

..... the learned judges of the division bench reported the case to the state government under section 34(1) of the children act for keeping the petitioner in safe custody in a borstal jail or like institution, on such condition and for such period as the state government may think it fit, not exceeding the maximum period of imprisonment for which the petitioner could be sentenced for the offence of murder.18. ..... it, deserves highlighting that in narjit singh's case the court found from the pleadings that it was an undisputed fact (which is certainly not the position herein) that at the time of the commission of the murders narjit singh was less than 16 years of age and was a child within the meaning of the east punjab children act. ..... it is not and in fact could not be disputed on behalf of the petitioner that both on the merits of the case as also on the point of sentence, the petitioners and his co-accused, could have been lawfully acquitted by the high court or in affirming the conviction even a sentence under the east punjab children act could have been imposed upon him if it had been even remotely raised or urged before the high court. ..... state of punjab), decided on april 6, 1973, for sustaining the writ of habeas corpus, the learned judae.s composing the division bench entertained some doubts about the correctness of narjit singh's case (supra), in view of the earlier observation of their lordships in ramchandra rao v. ..... v, state of punjab), had come up before me sitting singly. .....

Naib Singh S/O Makhan Singh Vs. State of Punjab and ors.

Court : Supreme Court of India

Reported in : AIR1983SC855; 1983CriLJ1345; 1983(1)SCALE425; (1983)2SCC454; [1983]2SCR770

..... for deportation to the andamans, shall be transferred to and confined in one or other of the following jails which are constituted places for the detention of transportation prisoners within the punjab, under section 32 of act iii of 1900, namely: the lahore borstal central jail and the central jails and lahore, montgomery and multan; the district jails at ambala, and multan and the lahore female jail.in the margin reference has been given to several notifications of punjab government specifying tne ..... years or for life, shall be transferred to and confined in one or other of the following jails which are constituted places for the detention of transportation prisoners within the punjab, under section 32 of act iii of 1900, namely: the central jails at ambala and ferozepur, the borstal institution and juvenile jail, faridkot, women's section, district jail, ludhiana, in the case of women prisoners and district jail, delhi.here also in the margin reference is given to various government notifications specifying ..... time to time by state governments; in particular reference was made to paragraphs 719 and 726a of the punjab jail munual whereunder transportation prisoners (who would include life convicts) could be made to undergo their sentences in certain jails in the country-such jails being constituted the 'place' for their confinement under section 32 of act 3 of 1900, and counsel urged that accordingly the petitioner herein has been undergoing his sentence of life imprisonment .....

State of Punjab Vs. Amarjit Singh and Others

Court : Supreme Court of India

Reported in : 1996VIIIAD(SC)84; AIR1997SC167; 1997(1)ALD(Cri)144; 1997CriLJ67; 1996(4)Crimes122(SC); JT1996(9)SC581; 1996(7)SCALE749; (1996)11SCC524

..... however, as the second appellant daljit singh (a-2) was found to be below 16 years of age at the time of occurrence, he was dealt with under section 34(1) of the east punjab children act, 1949 and directed to be kept in borstal jail, faridkot and the matter was referred to the state government under section 34(2) of the said act for passing appropriate orders. ..... the state of punjab on obtaining special leave has filed this criminal appeal challenging the legality and correctness of the judgment and order dated january 20, 1988, passed by the punjab and haryana high court at chandigarh ..... it is against this judgment and order passed by the high court, the state of punjab has filed this appeal.2. ..... sessions judge, ludhiana, convicted the respondents a-1 to a-4 for offences punishable under sections 302/34 and 323/34 of the indian penal code, however, on appeal by a-1 to a-4, the high court partly allowed the same and altered the conviction of a-1 to a-4 from section 302/34 ipc to 325/34 ipc and sentenced a-1, a-3 and a- 4 to suffer ri for three years and to pay a fine of rs ..... shamsher singh (pw 5) who held the autopsy on the dead body testified that the cause of death was due to shock and haemorrhage resulting from the fracture of skull bones which was sufficient to cause death in the ordinary course of nature. ..... on receipt of the information of the death of bakhtawar singh, si amar singh (pw 13) went to the hospital, held the inquest and forwarded the dead body to the mortuary for autopsy. .....

Commissioner of Income-tax Vs. Casino (Pvt.) Ltd.

Court : Kerala

Reported in : [1973]91ITR289(Ker)

..... this is a reference to this court under section 256(1) of the income-tax act, 1961, arid the question referred to us is :' whether, on the facts and in the circumstances of the case, the appellate tribunal is legally correct in holding that the activity carried on by the assessee in preparing articles of food from raw materials, constitutes ' manufacture or processing of goods ' within the meaning of section2(6)(d) of the finance act, 1968, and that the assessee is an ' industrial company ' within the meaning of the definition contained in that section '2. ..... section 2(1) of the finance act provides that:' subject to the provisions of sub-sections (2) and (3), for the assessment year commencing on the 1st day of april, 1968, income-tax shall be charged at the rates specified in part i of the first schedule and, in the cases to which paragraphs a, b, c and d of that part apply, shall be increased by a surcharge for purposes of the union and a special surcharge for purposes of the union calculated in either case in the manner provided therein.'5. ..... that no manufacturing process was involved in ginning cotton and the process of ginning did not create anything new or distinctive, was again held by the punjab high court in patel cotton co. ..... it was contended by the petitioners in that case that no tax was leviable under the east punjab general sales tax act, 1956, on the purchase of unginned cotton used for ginning. .....

Union of India (Uoi) Vs. Benode Kumar

Court : Kolkata

Reported in : AIR1962Cal48,65CWN727

..... this would include, not only all articles of apparel, whether for use or ornament--leaving the carrier herein to the protection of the carriers act, to which, being held to be liable in respect of passengers* luggage as a carrier of goods, he undoubtedly becomes entitled--but also the gun case or the fishing apparatus of the sportsman, the easel of the artist on a sketching tour, or the books of the student, and other articles of an analogous character, the use of which is personal to the traveller, and the taking of which has arisen from the fact of his journeying.'11. ..... railway servant appointed by the railway administration in this behalf, the excess charge hereinafter in this section mentioned, in addition to the ordinary single fare for the distance which he has travelled or, where there is any doubt as to the station from which he started, the ordinary single fare from the station from which the train originally started, or, if the tickets of passengers travelling in the train have been examined since the original starting of the train, the ordinary single fare from the place where the tickets were examined ..... the punjab high court held. ..... in the case before the punjab high court a person was travelling by goods train, without a ticket, and died as a, result of train collision. .....

National West Minister Bank Plc Vs. General Public and ors.

Court : Punjab and Haryana

Reported in : (2008)149PLR523

..... the trustee investment act, 1961 shall not apply (b) to insure against loss or damage by fire or from any other risk any property for the time being forming part of my estate or subject to the trusts hereof to any amount and to pay the premium for such insurance out of the income or capital of my residuary estate or the property itself and any money received by the bank under such policy shall be treated as if it were the proceeds of sale of the property insured unless applied in the restoration or replacement of the ..... only the movable and such properties which are situated outside india which have been placed at the disposal of the petitioner-bank for utilization by christian medical college brown memorial, ludhiana, punjab, india for the care and attention of the poor ..... the bank shall hold my residuary estate upon trust absolutely for christian medical college brown memorial hospital, ludhiana punjab india for the cafe and attention of the poor and cancer patients and to include medical supplies for them (funds to be remitted via ..... the property and also subject to any outstanding expenses in connection with the property to my son vikas singh gill and his wife paramjit kaur gill of 835,6-122 as surrey british columbia v3 woti canada absolutely and i also bequeath to them all my personal chattels (including my motor car) absolutely and i also devise to my said son and his said wife all my ancestral real properties in india including the farm at village gill district ludhiana punjab .....

Suresh Vs. State of Haryana

Court : Supreme Court of India

..... only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty; (3) the circumstances should be of a conclusive nature and tendency; (4) they should exclude every possible hypothesis except the one to be proved; and (5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been ..... pw 15 further deposed that pw 14 informed that while umed singh (pw 14) was waiting at borstal jail, hisar for conveyance at 4:00 a.m on 16.12.1994, he had seen that accused a 1, a 2, deceased chander bhan and a 3 were going for some urgent work and that he had also noticed a 3 holding a single barrel gun.29. ..... ramana, j.judgment1 these appeals by special leave petitions, are preferred by two accused persons, namely sobhat singh and suresh, against the conviction imposed by the high court and the consequential acquittal of other persons, namely dharampal and umed singh, sons of beg raj and dharambir, passed by the high court of punjab and haryana in crl. ..... state of punjab, (2004) 11 scc253. .....

Vikash Kumar @ Bhandu Vs. State of Haryana

Court : Punjab and Haryana

..... (oral) prayer made in the petition is for the grant of regular bail to the petitioner during the pendency of the trial of the case arising out of fir no.682 dated 14.10.2013 under sections 324, 302, 34 ipc and section 25 of the arms act registered at police station jhajjar. ..... he, however, could not dispute the fact that the petitioner is being tried by the juvenile justice board and is kept in observation home/borstal jail, hisar. ..... learned state counsel has opposed the prayer made on behalf of the petitioner by submitting that at the time of post- mortem on the dead body of satish, three injuries were noticed. ..... it is also submitted that the petitioner was born on 17.8.1997 and was 16 years and two months of age on the date of the alleged occurrence and is presently facing the trial/enquiry before the juvenile justice board. ..... learned counsel for the petitioners submits that during the investigation of the case, it surfaced that the petitioner crm m-18564 of 2014 -2- had not given any injury to deceased satish. ..... without commenting on the merits, lest it may prejudice the case of either party, this court is of the considered view that the petitioner deserves to be released on bail. ..... in the high court of punjab and haryana at chandigarh crm m-18564 of 2014 date of decision : july 08, 2014 vikash kumar @ bhandu .....petitioner versus state of haryana .....respondent coram: hon'ble mr.justice t.p.s.mann present : mr.rakesh nehra, advocate mr.raja sharma, asstt. a.g. .....

Shahid Abdulla Siddiqui Vs. State of Maharashtra (Through the Narcotic ...

Court : Mumbai

Reported in : 2001ALLMR(Cri)1549; (2001)3BOMLR479

..... sub-clause (3) of section 52, which is relevant here, states that every person arrested and article seized under sub-section (2) of section 41, section 42, section 43 or section 44 shall be forwarded without unnecessary delay to (a) the officer-in-charge of the nearest police station, or (b) the officer empowered under section 53.section 57 states that whenever any person makes any arrest or seizure under this act, he shall, within forty-eight hours next after such arrest or seizure, make a full report of ail ..... that it is imperative for the investigating officer to inform the suspect, orally or in writing, about his right to be searched before a gazetted officer or a magistrate and that failure to give such information would not vitiate the trial but render the recovery of the illicit article illegal and vitiate the conviction and sentence, if recorded only on the basis of possession of such illicit article and that the court must be satisfied about the due compliance of section 50 requirements and the prosecution should get an opportunity ..... it is submitted that even in the case of state of punjab v. ..... the supreme court in its constitutional bench judgment state of punjab v. ..... to substantiate their argument, both the learned advocates mainly relied upon the decisions in state of punjab v. ..... state of maharashtra, and in state of punjab v. .....