Privy Council Cases

Bholanath Sarma Vs. the King

Court : Guwahati

1. This is a petition Under Section 439, Criminal P.C. by one Bholanath Sarmah who was convicted by a 1st class Magistrate of Golaghat Under Section 9 (a), Opium Act (Act I [l] of 1878) and sentenced to rigorous imprisonment for one year. The petitioner's appeal to the Sessions Judge, Upper Assam Districts, against the conviction and sentence was dismissed on 29th January 1949.2. It appears that on 1st November 1947, the house of the petitioner was searched by the Excise Inspector of Golaghat in the presence of certain witnesses. In the course of the search, a cigarette tin containing 2 teals of opium was found lying on a projection (chung) in the living room (maralghar) of the petitioner. Another lot of 32 tolas of opium waa found in a wooden box wrap, ped up in a newspaper and kept under a wooden seat (barpira) in the petitioner's bed-room. Near the wooden box were found a case containing a weighing balance, an eight anna silver coin, a four nana silver coin and 20 rati weights. The...

Yusofalli Mulla Noorbhoy Vs. the King

Court : Mumbai

Reported in : (1950)52BOMLR1

John Beaumont, J.1. This is an appeal by special leave against' two judgments of the High Court of Judicature at Bombay, dated June 17, 1947, setting aside two orders of the Court of the Presidency Magistrate. 6th Additional Court, dated September 16, 1946, whereby two prosecutions of the appellant for the offences of hoarding and profiteering under the Hoarding and Profiteering Prevention Ordinance, 1943, Ordinance No. XXXV of 1943 (hereinafter called 'the Ordinance'), were held to be barred try reason of the provisions of Section 408 of the Code of Criminal Procedure, since in the view of the learned Magistrate the accused had been previously tried and acquitted on exactly similar charges and facts by a Court of competent jurisdiction. The real question before the Board is whether in the circumstances of the case the plea of autre fois acquit was open to the appellant, and that question in essence depends upon whether the earlier prosecution was before a Court of competent jurisdicti...

Yusofalli Mulla Noorbhoy Vs. the King

Court : Privy Council

Sir John Beaumont: This is an appeal by special leave against two judgments of the High Court of Judicature at Bombay, dated 17th June 1947, setting aside two orders of the Court of the Presidency Magistrate, 6th Additional Court, dated 16th September 1946, whereby two prosecutions of the appellant for the offences of hoarding and profiteering under the Hoarding and Profiteering Prevention Ordinance 1943 (Ordinance No. XXXV [35] of 1943) (hereinafter called "the Ordinance") were held to be barred by reason of the provisions of S. 403, Criminal P. C., since in the view of the learned Magistrate the accused had been previously tried and acquitted on exactly similar charges and facts by a Court of competent jurisdiction. The real question before the Board is whether in the circumstances of the case the plea autre fois acquit was open to the appellant, and that question in essence depends upon whether the earlier prosecution was before a Court of competent jurisdiction. [2] The appellant ...

Jagannath Gupta Vs. Rex

Court : Allahabad

Reported in : AIR1950All9

ORDERSeth, J.1. This application in revision is by one Jagannath Gupta who was convicted Under Section 411, Penal Code and sentented to one year's rigorous imprisonment. His conviction and sentence have been upheld by the Additional Sessions Judge of Kanpur.2. A theft was committed at the house of one Ganga Ram on the night between nth and 12th June 1947. The prosecution case is that the gold necklace, Ex. 1, is one of the items of property which was stolen during that theft. The police received information from one Rup Narain that the stolen necklace was in the possession of applicant Jagannath Gupta. The police party accompanied with Rup Narain and a First Class Magistrate, Mr. Shah Aziz Ahmad, went to the house of Jagannath Gupta. According to the prosecution case, the Sub-Inspector and Rup Narain both asked the applicant Jagannath Gupta to bring out the necklace which was given to him as his share of the theft. Jagannath Gupta hesitated for some time but when the Sub-Inspector thre...

Gaya Prasad and ors. Vs. Rex.

Court : Allahabad

Reported in : 1949CriLJ934

ORDERSeth, J.1. There are eight applicants in this case. They have all been convicted of an offence under S. i, U. P. Foodgrains (Movement) Control Order, 197 for having contravened the provisions of Section 8 of that Order.2. the facts found are that a motor truck proceeding on the road from RathPanwari side towards Charkhari State was stopped at Mahoba. The truck was carrying certain food-grains and a few tins of ghee. The case for the prosecution was that the applicants were carry. ing or causing to be carried the foodgrains loaded in the truck from a place within the United Provinces to another place outside the United Provinces.3. The case set up on behalf of the defence was that the foodgrains were not being carried from any plaoe in the United Provinces, but were being carried from village Uudera in the Oharkhari State to Oharkhari proper in the Oharkhari Btate. The Courts below have recorded no finding on the point whether the defence version that the foodgrains were being take...

Gaya Prasad and ors. Vs. Rex

Court : Allahabad

Reported in : AIR1949All619

ORDERSeth, J.1. There are eight applicants in this case. They have all been convicted of an offence under Section 4, U.P. Foodgrains (Movement) Control Order, 1947 for having contravened the provisions of Section 3 of that Order.2. The facts found are that a motor truck proceeding on the road from Rath-Panwari aide towards Charkhari State was stopped at Mahoba. The truck was carrying certain food-grains and a few tins of ghee. The case for the prosecution was that the applicants were carrying or causing to be carried the foodgrains loaded in the truck from a place within the United Provinces to another place outside the United Provinces.3. The case set up on behalf of the defence was that the foodgrains were not being carried from any place in the United Provinces, but were being carried from village Undera in the Charkhari State to Charkhari proper in the Charkhari State. The Courts below have recorded no finding on the point whether the defence version that the foodgraina were being ...

Gokal Dass and ors. Vs. Devinder Dass and ors.

Court : Himachal Pradesh

Reported in : AIR1949HP11

Bannerji, J.C.1. This is an appeal from a judgment and decree dated 11th Magb, 2004 B., of the District Judge, Bushahr State, dismissing the suit of the plaintiffs.2. The appeal originally lay to the Court of the Chief Judicial Officer, Kasumpti, which was the High Court of the Simla Hill States. But all those appeals, applications and revisions, which lay to the Court of the Chief Judicial Officer, Kasumpti have been transferred by Notification No. J. 79-15/48 dated 14th January 1949, to the Judicial Committee for disposal.3. In this appeal, there has been no appearance for the respondent but Shri Thakur Dass, Advocate on behalf of the appellants, has presented the case with a fairness and candour which I very much appreciate. He has confined his arguments to one point only, namely, whether the pedigree table, Ex. p-1, attached to the khewat and the mutation proceedings (Ex. p-2) relied upon by the contesting defendants (res. pondents) could disentitle the present plaintiffs from clai...

Rikha Singh Vs. Rex

Court : Allahabad

Reported in : AIR1949All625; 1949CriLJ982

ORDERSeth, J.1. A number of arms were recovered from the possession of the applicant in village Hasanpur Kalan in the distriot of Meerut. He was, therefore, prosecuted for an offence under Section 19(f), Arms Act and convicted and sentenced to two years' rigorous imprisonment. His conviction and the sentence awarded to him was maintained by the Court of appeal. He has now come up in revision to this Court.2. The findings of fact recorded by the two Courts below have not been questioned before me as they could not be questioned in a revision, this application has been argued upon a ground which was not put forward in any one of the two Courts below.3. It is contended that sanction of the Dia-triot Magistrate was needed for the prosecution of the applicant and that the entire trial is illegal for want of such sanotion. Eeliance is placed upon Section 29, Arms Act in support of this contention. Section 29 reads as follows:Where an offence, punishable under Section 19 (1), has been committ...

Governor General in Council Now (Governor General of India) Vs. Jallan ...

Court : Punjab and Haryana

Reported in : AIR1949P& H370

Harnam Singh, J.1. This is an application under Order 45, Rule 2, Civil P.C., as amended by Federal Court (Enlargement of Jurisdiction Act, 1948, for a certificate for leave to appeal to the Federal Court of India from an order passed by a Division Bench of this Court in Regular First Appeal No. 474 of 1945. It is conceded that the cass does not fall within the purview of Clauses (a) and (b) of Section 109 and Section 110, Civil P.C., It is, however, maintained that in view of the provisions of Clause (c) of Section 109 the case should be certified to be a fit one for appeal to the Federal Court of India.2. The facts giving rise to the present application may be briefly stated as follows: On 20th May 1943 the Sutlej Cotton Mills, Okara, consigned 15 bales of cotton dhotis from Okara to Delhi and sent the railway receipt to Messrs. Jallan and Sons, Limited, Delhi, duly endorsed in their favour. The railway receipt was presented by Messrs. Jallan and Sons, Limited, to the railway at Delh...

Jagdish Prasad and ors. Vs. Rex

Court : Allahabad

Reported in : AIR1949All626; 1949CriLJ999

ORDERMalik, C.J.1. Section 401, Criminal P. C, gives the Provincial Government the right to remit the whole or any part of the punishment to which a person may be sentenced. It also gives the Provincial Government the right to suspend the sentence with or without conditions. The applioants were convicted and by an order dated 39th January 1949, their sentences were suspended. In the directions issued by the Provincial Government it was mentioned that it should be ensured that the released students did not indulge in any demonstrations or any other undesirable activities. It is not suggested that any such undertaking was taken from the students, who were released, after the orders dated 29th January 19i9, were received by the Superintendent of the Jail where the applicants were Berving out their sentences. learned Counsel has urged that as they were released without any conditions being imposed it must be assumed that the sentencea were remitted and that there is no difference between a...