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Judgment Search Results Home  Phrase:all  Court:jammu kashmir  Year:1953

Sep 09 1953

The State Vs. Sujan Singh and Ors.

  • Decided on : 09-Sep-1953

Court : Jammu and Kashmir

Reported in : 1954CriLJ488

..... in section 103 clause (2), criminal p. c. it is provided that the search shall be made in the presence of the witnesses and a list of all things seized in the course of such search and of the place in which they are respectively found shall be prepared by such our view the words ..... been cited at the bar to show that section 103, cr. p. c. will not apply to searches made under the gambling act. we have gone through all these rulings and it appears that the provisions of section 5(2), criminal p. c. have not been brought to the notice of their lordships which make the ..... relating to searches are applicable in cases of searches made under the gambling act. section 6, criminal p. c. lays down that (1) all offences under the ranbir penal code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained. (2 ..... ) all offences under any other law shall be investigated, inquired into, tried and otherwise dealt with according to the same provisions, but subject to any ..... room etc. or may either himself take into custody or authorise such other officer to take into custody all persons whom he or such officer finds therein, and further may search or authorise such officer to search all parts of the house, room etc., and may seize or authorise such officer to seize and take possession .....

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Jul 28 1953

Ghulam Nabi Jan Vs. State

  • Decided on : 28-Jul-1953

Court : Jammu and Kashmir

Reported in : 1953CriLJ1885

..... as it is, and as pointed out by their lordships of the allahabad high court reported in - deputy commr. kheri v. president notified area committee misri-kum-nimar air. 1949 all 683 (c).it is not the function of courts to amend bye-laws so as to make ultra vires; they can only decide whether the bye-laws as they stand ..... asstt. advocate general understood the force of this argument and began to advance arguments in a general manner - one such argument being that the government being the fountain-head of all powers, can order the transfer of a detenu from one place to another, even though the law did not specifically or even generally empower them to do so. we find ..... . nowhere has in this sub-section been any power given to the government to transfer a detenu from one place of custody to another. the committal to custody has in all cases to be made by the officer who has effected or directed the arrest of the detenu, and therefore, the notification by which powers of transfer are deemed to have ..... effect the arrest and detention of a detenu under certain circumstances. reference may in this connection be made to annexure to council order no. 356-c of 1947 which empowers all police officers of and above the rank of sub-inspector of police to exercise powers of arrest and detention under this section. but then there is another condition laid down .....

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Aug 06 1953

Ghulam Hassan Vs. State

  • Decided on : 06-Aug-1953

Court : Jammu and Kashmir

Reported in : 1954CriLJ497

..... sentence of fine of rs. 50/- on the applicant in this case. the maximum fine that he could have imposed for two offences was rs, 40/- only. in view of all these errors of omission and commission it is futile to argue, as the district magistrate has attempted to do in his explanation, that the applicant has not been prejudiced in ..... reference has been made above but he further did not put the two charges separately to the applicant. under these circumstances the plea of guilty recorded by the magistrate loses all its value. it cannot be said with precision that the applicant has pleaded guilty to both the counts or to only one count and if to one count to which ..... which sections of the regulation or the act the magistrate has convicted the applicant. as a matter of fact the trial magistrate has not at all convicted the applicant under any section of any regulation or act. all that he states in his order is 'fined rs, 50/- only'. this is absolutely irregular especially when the applicant was charged with two offences .....

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Feb 25 1953

Devia Ram and Anr. Vs. L. Ram Chand

  • Decided on : 25-Feb-1953

Court : Jammu and Kashmir

Reported in : 1953CriLJ1359

..... /-no work was done by them, why was not as, notice given to them? why did the non-applicant wait for six long months before the present complaint was brought? all these are very pertinent questions that cannot be lost sight of. it would also show that even complainants did not believe that the accused persons were guilty of cheating. i ..... 2008.(e) a reference to the complaint would show that it has been drafted and presented in court on 3rd bhadon 2009. in case the accused persons had not at all worked even after getting a huge sum of rs. 3000/-, there is no reason as to why the complainant should have remained silent for nearly six months. according to the ..... chet 2008. it is alleged by the complainant that in spite of the fact that an advance of rs. 3000/- was made to the accused applicants, they did not at all commence work as well stipulated by them. the complainant further affirms that the accused had fraudulent intentions from the very beginning pursuant to which they made false representations and thereby .....

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Feb 18 1953

Illamdin Vs. State

  • Decided on : 18-Feb-1953

Court : Jammu and Kashmir

Reported in : 1953CriLJ1356

..... has not been challenged by the learned asst. advocate general, the question of settling the age of the girl in definite terms became really very imperative. we were not at all satisfied with the statement of the doctor who had given quite a vague sort of statement when he had stated that the age of the girl was probably between 10 ..... average of the two age limits given by the radiologist we might take the age of the girl as 17 on the day she was examined by him. judging from all this, the age of the girl would be a trifle less than 15 years on the day when she is alleged to have been kidnapped. even if we take her .....

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Dec 31 1953

Mst. Savitri Vs. L. Shiv Nath

  • Decided on : 31-Dec-1953

Court : Jammu and Kashmir

Reported in : 1954CriLJ1065

..... by itself empower the trial magistrate to exempt an accused person from personal attendance in his court. section 353, criminal p. c. is as follows:except as otherwise expressly provided, all evidence taken under chapters xviii. xx, xxi, xxii and xxiii shall be taken in the presence of the accused or, when his personal attendance is dispensed with, in the presence .....

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