Court : Rajasthan
Reported in : 1965CriLJ702
..... 16 would have been admissible against madhodass as his admission under section 18 or 21 of the evidence act but not against bhanwarlal because at the time the statement was made by him he had no interest left in the property.10. ..... under the evidence act a fact is said to be proved 'when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does exist. ..... under section 114 of evidence act the presumption would be that of the recovered gold ingots and the melted gold of the stolen property.with regard to the gold ingot recovered from bhanwarlal the learned magistrate observedof course the p. w. ..... 9 is therefore, relevant and can be droved against bhanwarlal as his admission under section 21 of the evidence act. ..... vision of the indian evidence act. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal194,1966CriLJ522
..... it is not possible on that language to say that in some difference of opinion the third judge must act in a particular manner and in other difference of opinion he has greater freedom. ..... it is well known law that under section 134 of the evidence act no particular number of witness would be in any case required to prove any fact. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1651; 1965CriLJ686
..... absence of a plea that cognizance was taken of an offence against the respondent, viewed in the light of the admission made by the appellant that he had not taken cognizance of the offence against the respondent, but had acted merely in pursuance of the direction given by the deputy commissioner, and the subsequent proceedings taken against the respondent, establish that the arrest of the respondent was not made pursuant to the order made by a magistrate in ..... made in exercise of any lawful authority and that the arrest 'was reckless and without any lawful excuse', and that even though the information against the respondent was apparently credible, it was never acted upon either by the deputy commissioner or by the appellant for initiating any judicial proceeding against the respondent. ..... even though no express issue arose on the pleadings that the appellant was protected in respect of the acts done by him by the judicial officers' protection act, 1850, the court of first instance, it appears, allowed that plea to be raised, and held that on the evidence it was clear that the appellant in issuing an order for arrest of the respondent had not acted in the discharge of his judicial duties, but merely as an executive officer. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC97; 1966CriLJ82; [1965]3SCR235
..... of the imputationagain, the learned judge should have asked himself the question as to whetheron the material of the kind disclosed by the confidential report made by theprincipal, would a person of ordinary prudence acting bonafide in good faith benot justified in coming to the conclusion that the complainant was not onlythrowing his weight about, but was also threatening assaults in the college,because he thought he would be immune ..... whomakes the imputation; was there any malice in his mind when he made the saidimputation; did he make any enquiry before he made it; are there reasons toaccept his story that he acted with due care and attention and was satisfiedthat the imputation was true these and other considerations would be relevantin deciding the plea of good faith made by an accused person who claims thebenefit ..... knew about thecomplainant's friendship and active association with these two persons and hadother information about the activities of these two persons, it cannot be saidthat he did not act in good faith when, in response to the challenge issued bythe punjab government, he came up with the impugned statement and sent it forpublication in the press. 37. ..... west bengal ..... the appellant called for several documents and gave alist of witnesses as soon as he entered on his defence, shows what he knew atthe relevant time, and his plea that he acted in good faith has to be judged onthe basis that he made the imputations because he had material of this kind inhis possession. 38. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal285
..... it must have been felt that confining the appointment of a registrar to this cadre would be in conflict with the provisions of section 26 (2) of the west bengal premises tenancy act, 1956, and that is why a notification was issued by the state government dated 23rd april, 1959 which is anne-xure 8 to the affidavit in opposition, made under article 309 of the ..... june 1960 in exercise of the power conferred by subsection (2) of section 26 of the west bengal premises tenancy act, 1956 (west bengal act xii of 1956) the governor is pleased to appoint sri hirendra nath banerjee, deputy registrar, rent control office, calcutta, permanently as registrar for calcutta, as defined in clause (a) of section 2 of the said act with effect from the date on which he takes over charge.'4. ..... on or about the 9th february, 1951 a notification was issued, presumably under the earlier rent control act, by which a member of the west bengal junior civil service became eligible to hold the post of a registrar in the rent controller's office, provided he possessed the specified qualifications namely, three years experience of treasury work and capacity for controlling charge ..... , dated 5th march, 1965 whereby ha made the rule absolute and issued a writ in the nature of mandamus restraining the state of west bengal from removing the respondent from the post of registrar, rent controller's office, calcutta, otherwise than in due course of law, and not to give effect to certain orders in that he-half .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1722; [1965]3SCR307
..... common question which arose and still arises is whether these wakfs are affected by the passing of the west bengal estates acquisition act, 1953 (west bengal act i of 1954). ..... earliest statute on the subject is one of 1601 in the forty-third year of the reign of queen elizabeth i and in its preamble it gave a list of charitable objects which came within the purview of that act, and for another, courts in england extended these instances to others by analogy and the subject is often rendered vague and difficult to comprehend. ..... the judicial committee acceded to this view but pointed out further :- 'it is to be observed, moreover, that under the income-tax act the test of general public utility is applicable not only to trusts in the english sense, but is to be applied to property held under trust 'or other legal obligation' - a phrase which would include moslem wakfs and hindu ..... 1974, that neither the wakf validating act 1913 nor the shariat act 1937 had the effect of abrogating the privy council decisions on the meaning of 'charitable purpose' as such. ..... 6(1)(i) would exempt them from the operation of the act; otherwise, in view of the provisions of sections 3, 4 and 5 the estates of the intermediaries vested in the state on the appointed date. ..... for the purposes of the validating act the term 'wakf' was defined to mean 'the permanent dedication by a person professing the mussalman faith of any property for any purpose recognized by the mussalman law as religious, pious or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC69; 1966CriLJ75; [1965]3SCR467
..... 5(1) of the west bengal criminal law amendment (special courts) act, 1949 by act 27 of 1956 take cognizance upon a charge sheet because it is neither entitled to follow the procedure for trial under s. ..... state of west bengal [1963] 1 s.c.r. ..... 4515-j dated may 8, 1959 (law judicial department), government of west bengal. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal217,1966CriLJ530
..... the cited case interpreted section 209 of the code of criminal procedure which, after amendment of the code by act 26 of 1965, deals with proceedings instituted otherwise than on a police report and under which the magistrate can discharge an accused if he finds that there are ' no sufficient grounds' for committing the accused person for trial ..... state of west bengal. ..... were on the northern bank of the tank they heard the gunshot, at this time, saday chand went inside his house and then again came down within a couple of minutes and proceeded towards the west and reached the north-western corner where a shot was fired at him and he had a scuffle with the men. ..... a charge was framed against madheswar pathak under section 26(1)(a) of the arms act and the learned magistrate placed him on trial before him. ..... 'confession' as used in this section as also in the other relevant sections of the indian evidence act provides that no confession not an admission simpliciter. ..... a charge under section 25(1)(a) and 27 of the arms act was also framed against him. ..... mutsuddi passed on 21st january 1965, in the criminal revision case no ..... section 26 of the indian evidence act provides that no confession made by any person whilst he is in the custody pf a police officer, unless it be made in the immediate presence of a magistrate, shall be proved as against such person ..... 157 of 1965 is hereby made ..... 157 of 1965 the state government is the petitioner ..... 83 of 1965 is hereby discharged and that the rule in revision case .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal484,1965CriLJ471,(1969)ILLJ816Cal
..... ghosh, deputy secretary to the government of west bengal to the director of public instruction, west bengal. ..... roy produced the west bengal services (revision of pay and allowances) rules, 1961 and drew my attention to the fact that these rules by which the pay-scale of the sub-inspector of schools was revised in conformity with the recommendations of the ..... 3376, with effect from the 1st of june, 1965 and that adjustment of the amounts in excess, if any, drawn by such officers individually will follow.26. ..... rawlinson namely, that upon a proper construction of the acts of 1796, 1849, and 1863, no writ of mandamus could be properly grunted.'14. ..... the scale of pay already sanctioned for him or by way of preventing a reduction, unless he has a statutory right to the same,--as was guaranteed to members of the indian civil service by the proviso to section 247(1) of the government of india act, 1935 (vide accountant-general bihar v. ..... there is no reason why i should not act on this under taking. ..... on the previous date fixed for pronouncement of judgment in the instant proceeding (march 16, 1965), mr. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All260
..... herein before contained, every common carrier shall be liable to the owner for loss of or damage to any property delivered to such carrier to be carried where such loss or damage shall have arisen from the * * * criminal act of the carrier or any of his agents or servants and shall also be liable to the owner for loss or damage to any such property other than property to which the provisions of section 3 apply and in respect of which the ..... not be deemed to be limited or affected by any public notice; but any such carrier, not being the owner of a rail-road or tram-road constructed under the provisions of act 22 of 1863 (to provide for taking land for works of public utility to be constructed by private persons or companies, and for regulating the construction and use of works on land so taken) may, by special contract, signed by the owner of ..... unreasonable to hold that it must have been the same as in the case of the east indian railway.in any case it was for defendants 2 and 3 to have proved their assertion in that regard as, in law, the east bengal railway would be the agent and not the principal of defendants 2 and 3, as held by a full bench of this court in chunni lal v. ..... the other transport systems--in the present case the east bengal railway and the east indian railway--were the principals, then defendants 2 and 3 would not be liable for their criminal act or negligence under section 8. ..... with a view to giving some relief to the common carriers that in 1965, the act was passed. .....
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