Privy Council Cases

Lakshmi Shanker Tewari Vs. Rama Kant and ors.

Court : Allahabad

Reported in : AIR1950All144

ORDERSeth, J.1. This is an application in revision against an appellate order arising out of a case for redemption under Section 12, U. P. Agriculturists' Relief Act.2. The plaintiffs in the case are the donees of the property mortgaged from the widow of the mortgagor. The property mortgaged and the property transferred by the deed of gift is occupancy holding. The deed of gift is, therefore, void, and does not confer any title on the donees. They are, therefore, not entitled to maintain the application for redemption of the mortgage. The lower appellate Court has, however, held that they are entitled to maintain the application not because the gift is a valid gift, but because, in the opinion of the learned Judge, the mortgagee has no right to question the gift. In my opinion this view of the learned Judge is not well founded. The gift being void anybody can plead that it has not passed any title to the donees. Thus it is clear that the judgment of the Court below is erroneous, and th...

The King Vs. Hari Baisakh

Court : Orissa

Reported in : AIR1950Ori88

Panigrahi, J. 1. This is an appeal against an order of acquittal passed by the Sessions Judge Outtack. The respondent Hari Baisakh was charged with an offence under Sections 7/17 of Act xxiv [24] of 1946. of having attempted to remove 42 lbs of handloom cloth beyond the limits of the Orisaa Province on 7th August 1948. The accused was found boarding the 5 Dn. Train at Cuttack on 7th August 1943 earring 42 1bs handloom cloth. P. W. 1 the Anti-Smuggling S. I. ascertained that the accused had no permit to transport the cloth from Orisaa to Bengal. By a Notification No. 16100 ST dated 3rd June 1946 of the Government of Orissa the transport of handloom cloth without a permit from the Supply Department, beyond the limits of the province, is made punishable. The accused was therefore charged with having committed an offence in having contravened this Notification and was therefore punishable under Section 7 of Act XXIV of 1946. P. W. 1 and P. W. 2 merely prove that the accused had a ticket fr...

Haria Vs. Bhindru and ors.

Court : Himachal Pradesh

Reported in : AIR1950HP8

Bannerji, C.J.1. This is an appeal from a judgment of the Chief Judicial Officer, Simla Hill States at Kasumpti, dated 31st July 1948, reversing a judgment and decree of the District Judge, Theog State, dated 31st July 1947, and thereby dismissing the suit. 2. This is a dispute between three proprietors holding estates respectively in villages, Shariana and Batog in Theog State and Moond in Sirmur State, now comprised in Himachal Pradesh. Each of the landed proprietors of Shariana and Moond maintained that he was the absolute owner to the exclusion of the rest. But the proprietors of Batog estate, save a solitary exception, maintained that all these three estates were joint property. Bali Ram of village Batog defendant 11 claimed that the Batog estate had fallen to the share of defendants 4 to 11 and have been mutually partitioned amongst them without any reference to the plaintiff or to defendants 1 to 3. 3. The case of the plaintiff wag, in substance, that he was the owner of the Sha...

Chunna Lal Vs. Governor General in Council Through the Secretary Railw ...

Court : Allahabad

Reported in : AIR1950All89

ORDERSeth, J.1. This is a plaintiff's application in revision under Section 25, Provincial Small Cause Courts Act. The plaintiff sent five consignments of green chillies from Mathura to Ahmedabad. The consignee were Messrs. Lalobhai Chhagan Lal. The consignments were not delivered by the Railway Company to the consignee, nor, were they returned to the consignor. The consignor, Chunna Lal, therefore brought the present suit for the recovery of a sum of Rs. 415 on account of the loss suffered by him.2. The suit has been thrown out in limine on the ground that the consignor, Chunna Lal, had no right to maintain the suit. The Court below has relied upon a decision of the Madras High Court in the M. S. M. Railway Co. Ltd. v. K. Rangaswamy Chetty A. I. R. (11) 1924 Mad. 617 : (73 I. C. 637), wherein it has been held that a consignee alone can sue for loss caused by the non-delivery of goods after goods have been delivered to Railway Company for consignment.3. The ratio of decision is that wh...

Amir Chand and anr. Vs. the Crown

Court : Punjab and Haryana

Reported in : AIR1950P& H53; 1950CriLJ480

ORDERDas, C.J.1. This application for bail raises an important and indeed an interesting question as to the power of the High Court to grant bail to persons who have not yet been arrested on any actual charge of any offence or even on suspicion of their complicity with any offence but who apprehend that they may be harassed by being arrested on unfounded suspicion or a false charge.2. The application has been made by two petitioners. The petitioner Amir Chand is a practising lawyer at Karnal and is also a Municipal Commissioner at Panipat/ He is a Director of several companies at Karnal, Panipat and Delhi and ia the Chairman of the Board of Directors of one of them. The petitioner Baghu-nath Bass claims to have been a leading businessman of Gujranwala having had a mill at Kamoka in the district of Gujranwala and paying annually Rs. 35,000 as land revenue and Bs. 3,000 as income.tax. Since the partition of the Punjab, this petitioner migrated to Delhi where he is the Chairman of the Boa...

Mohammad Sabir and ors. Vs. Rex

Court : Allahabad

Reported in : AIR1952All796

Agarwala, J.1. The appellants Mohammad Sabir, Mustafa and Ashiq Dad have been convicted under Sections 377 and 302/34, Penal Code for having committed sodomy on, and thereafter having murdered, one Babbu, a boy nine years old. They have been sentenced to transportation for life under Section 377 and to death under Section 302, Penal Code. The learned Sessions Judge has referred the case to this Court for confirmation of the death sentences.2. Babbu deceased was the son of Onkar Nath Kaul, Naib Nazir in the District Judge's Court at Gorakhpur. Onkar Nath Kaul had two sons, Mahendra Nath, 12 years old, and Said Babbu deceased, nine years old. Sabir appellant was at one time a civil Court peon employed in a temporary vacancy and was also in the service of Onkar Nath Kaul and his usual job was to escort Babbu deceased to the school. On 12-6-1948, Onkar Nath Kaul left Gorakhpur on a short visit to Lucknow. Before leaving the place, he instructed Nathe and Sundar, process-servers, to look af...

Ramanujulu Naidu Vs. Gajaraja Ammal

Court : Chennai

Reported in : AIR1950Mad146

Viswanatha Sastri, J.1. The plaintiff whose suit on a mortgage dated 17th February 1935 has been dismissed by the Courts below is the appellant in-this second appeal. The defence of the defendant (here respondent) was that the mortgage was a nominal transaction and that in any case there was a want or failure of consideration for the mortgage.2. The facts are these: One Rangappa Chetty who died in 1915 was the owner of a house in Trichinopoly and an extent of 1 acre 80 cents of cultivable land. He died leaving him surviving a widow Seshammal, his grand-daughter (daughter's daughter) Gajarajammal who is the defendant and Govindaswami, a grandson of his paternal uncle. The widow died on 21st December 1932. By that time the Hindu Law of Inheritance (Amendment) Act, (II [2] of 1929) had come into force. In the year 1933, a Division-Bench of this Court decided in Krishnan Chettiar v. Manikammal, 57 Mad. 718 : A. I. R. I934, Mad. 138 that Act II [2] of 1929 applied only in respect of success...

Chebrole Narayana Vs. Chendra Rudrayya

Court : Chennai

Reported in : AIR1950Mad183

ORDERSomasundaram, J.1. On a private complaint, the petitioner was prosecuted for cheating, an offence punishable under Section 420, Penal Code. The prosecution witnesses were examined and when the case was posted for hearing, the complainant was absent and the trial Magistrate discharged the accused under Section 259, Criminal P. C. In revision the Additional District Magistrate set aside the order of discharge on the ground that though the offence may be lawfully compounded, still as, the offence required permission of the Court for compounding (vide Section 345, Criminal P. C.) and as such permission was not granted, it was not open to the Magistrate to discharge this petitioner. 2. The Additional District Magistrate is wrong in thinking that in cases where offences may be lawfully compounded, the accused cannot be discharged under Section 259, Criminal P. C, without giving permission for compounding. What the section says is that in case, where the offence may be lawfully compounde...

Deputy Commissioner Vs. Upendra Saran Sanyal and ors.

Court : Guwahati

Thadani Ag. C. J.1. On 23rd April 1949, the Deputy Commissioner of Goalpara, Stiri K. C. Barna, addressed a letter to the Registrar (Judicial) of this Court, in these terms :I have the honour to bring the following faot3 to your kind notice for taking necessary actions ag tha Hon'ble Court deems fit. The fasts appear to me to constitute on offence under Contempt of Courts Act, 1926, as well as misconduct of certain pleaders and Advocates practising in Dhubd Court under. the Legal Practitioners Act, 1879, The facts are briefly as follows :In the course of an enquiry under the Assam Land and Eevenue Begulation by the Sadar 3. D. C. Mr. D. Sarma.ona Miss Sumati Das Gupta, Sterotary, Ladies. Club, was asked to produce certain records of tha Club and attend his enquiry personally. On her failure to do so, a daily fine of Ra, 10 was imposed on her Under Section 142, Assam Land and Eevenue Regulation on 23rd March 1949 until the papers would be produced. The next day a Distress Warrant was E...

Ganpatram Dinaram Agarwal Vs. Mt. Rambai W/O Bechharam

Court : Mumbai

Reported in : AIR1950Bom20; 1950CriLJ267

ORDERHemeon J.1. The applicant Ganpatram was convicted and acntenced to pay fines of Ra. 300-0.0 and Ra. 200-0-0 Under Sections 211 and 600, Penal Code respectively by (he First Claas Magistrate, Bilaspur; and in appeal the Extra Additional Sessions Judge, Bilnapur, affirmed the convio-tiona but set aside the sentence awarded under 6. 600. The applicant has now come up in mi. sion to this Court.2. On 22nd May 1947, the applicant made a report vide Ex. P-l to the police that on the previous night there had been a house-breaking at his house in Kota and that clothes, bedding and ornaments, including a kakni, worth H9. 35-8-0 had been removed. Dating the subsequent investigation the applicant told Misbrilal (P.W. 2) Sub-Inspector, that Rambai (P.W. 3),hiserat-wbile mistress, was the thief and when her house was searched, clothes and ornaments were found there, She had also pawned a kakni two months previously with Rameshwar (P.W. 1) for EB. 3-00 The investigation revealed that there had n...