Court : Mumbai
Reported in : (1910)12BOMLR663
..... , which is that such statements should be used, if at all, on behalf and not against the person under trial. the evidence against lira, in so far as it consists of the statements of ..... evidence act, but to allow the investigating police officer to be questioned about them in examination-in-self opens up an undesirably wide field for cross-examination and leads to the attention of the court being diverted and distracted from the true issues. moreover it is contrary to the main intention of section 162 of the code of criminal procedure ..... of this part of the case after stripping it of irrelevant matter is this: chhagan's statement to the committing magistrate is admissible in evidence (criminal procedure code, section 288). in it chhagan stated that certain articles were given him by appellant akbar badu. chhagan in the sessions court gave quite ..... the judge did right to see the statement of chhagan recorded by the police if it was reduced to writing (see section 162, criminal procedure code). i also think he would have been right to look at the statement made by chhagan as an accused person, because the appellant ..... , for they were useless for that purpose. therefore, they should not have been admitted.9. the net result, had the law of evidence been properly regarded, would have been this: there was chhagan's statement to the committing magistrate which implicated the appellant. the sessions judge .....Tag this Judgment!
Court : Kolkata
Reported in : (1902)ILR29Cal187
..... such possession, until such eviction. the criminal procedure acts in force in 1866 and 1876 were to the same effect.23. these police orders are in their lordship's opinion admissible in evidence on general principles as well as under section 13 of the indian evidence act to show the fact that such ..... these orders are merely police orders made to prevent breaches of the peace. they decide no question of title; but under section 145 of the criminal procedure code of 1882 (relating to disputes as to immoveable property) the magistrate is, if possible, to decide which of the parties is in possession of ..... question in this suit, and the usual possessory proceedings took place before the deputy magistrate of tangail under section 145, (act x of 1882) criminal procedure code, and by an order dated the 31st december 1888, he determined that at the time of the proceedings, the defendant was in possession, and ..... dwarkanath roy claiming as an accretion to basjan. on the 19th june 1876, an order was passed under section 530, act x. of 1872 (criminal procedure code), maintaining the possession of the plaintiff's husband over the land then in dispute hounded as follows: 'north by the south boundary of khas kalikapore ..... with the boundaries mentioned in the judgments and shown in the maps in cases under section 318 of the criminal procedure code of the 23rd may 1867, and under section 530 of the same code of the 19th june 1876, whether the land claimed in the present suit lies within the lands (in .....Tag this Judgment!
Court : Kolkata
Reported in : (1906)ILR33Cal1353
..... are being tried for an offence, of which the accomplice is himself, by his own confession, guilty, is one of some difficulty. neither the code of criminal procedure nor any other statute or act confers such a power on a local government in india. the method of approvement by special proclamation in the ..... criminal procedure, which, and which alone, should regulate trials in criminal cases. the tender of a conditional pardon by the local government, even if it was actually tendered by a proper officer and accepted by mohendra bind, would not by itself make him a competent witness and his evidence admissible.5. the law, ..... forced upon us by the irregularities in the proceedings in the tender of conditional pardon and the withdrawal of the prosecution against the person, whose evidence is the mainstay of the prosecution without a record of the necessary order of discharge.12. next comes the question whether we should acquit or ..... person not having been acquitted, discharged, or convicted. in empress of india v. ashgar ali (1879) i.l.r. 2 all. 260, the evidence of an accomplice, to whom a pardon had been irregularly tendered, was held to be irrelevant and inadmissible. the learned judge in the latter case relied on ..... ) of section 337 to try the case. we held also that the local government could not tender a conditional pardon and thus make the evidence of an accomplice admissible against his co-accused. this last point has been re-argued before us.4. the question of the authority of a .....Tag this Judgment!
Court : Allahabad
Reported in : (1909)ILR31All592
..... held that such illegality resulted in nullification of all that followed, or could be said to follow, directly from it. the indian evidence act, which was brought upon the indian statute book at the same time as the code of criminal procedure of 1872, and was to come into force on the same date, was an act, as its preamble shows, for the consolidation ..... whether the evidence in point is or is not admissible, the more so as there are to be found in the ..... , definition and amendment of the law of evidence. we are of opinion that it is to the indian evidence act, and not to the code of criminal procedure, that we have to look as to ..... criminal procedure code certain sections, in chapter xli entitled 'special rules of evidence.' if the legislature had thought it necessary in criminal cases to depart from the .....Tag this Judgment!
Court : Chennai
Reported in : AIR1916Mad1211; 31Ind.Cas.359
..... the witness is caused by his death or by some other cause which makes him incapable of giving evidence in person. since the explanation to section 164 of the criminal procedure code was added by the code of 1898, the objection to magistrates not having jurisdiction in the case recording dying declarations has lost its force.3. ..... v. emperor 11 c.w.n. 666. the learned judges have not stated their reasons for this position, nor have they explained on what sections of the criminal procedure code and the evidence act it is based. in gouridas nomasudra v. emperor 2 ind. cas. 841, it is conceded that an oral statement of a deceased person as to the ..... in question. a statement taken in the absence of the accused from a witness for the prosecution is described as a deposition' in section 512, criminal procedure code, but sections 157 and 158, evidence act, show that, if it satisfies the conditions of section 32, it is nevertheless a statement and as such is relevant whether the absence of ..... , as a rule, set out the exact questions put to the dying person and the answer returned by him is, in effect, to insist on a procedure which the code only makes obligatory in the examination of accused persons, how far the court will treat the facts stated, therein as proved by such statements is quite another ..... from transportation for life to one of death.8. we, therefore, confirm the conviction and sentence and dismiss the appeal. we do not interfere in the criminal revision case. .....Tag this Judgment!
Court : Kolkata
Reported in : (1881)ILR6Cal440
..... ., 1 all., 17) it was held by a full bench at allahabad, that when the court in which the evidence in a case has been given has, under section 468 of the criminal procedure code, sanctioned criminal proceedings, no superior court has any right to question the propriety of that sanction. and in the case of in ..... which it was committed was the district court of rajshahye, and that, consequently, the only court which could give sanction to any criminal proceeding under section 468 of the criminal procedure code was either the judge of the district court of rajshahye, or some court to which the rajshahye court was subordinate. the offence ..... to verify the petition, his verifying it gratuitously would not render him liable to conviction for giving false evidence or making a false claim; see sections 191 and 193 of the indian penal code.12. an oath voluntarily taken in a proceeding where an oath is not necessary, would not, by the ..... the offence of which kasi is said to have been guilty is that of giving false evidence in a judicial proceeding under section 193 of the penal code, and he is said to have given this false evidence in the 4th paragraph of the petition which he filed in the district court of rajshahye ..... english law, support an indictment for perjury, and i should doubt whether, under the penal code, a statement upon oath, when the oath is not necessary, would come within the provisions of section 191. but it is not necessary for our .....Tag this Judgment!
Court : Mumbai
Reported in : (1904)ILR27Bom408
..... evidence which should not have been admitted, or that the appellant has been prejudiced by some misdirection or omission of proper direction on the part of the judge, the appellate court is at liberty to treat the case, as if it had been tried by the judge with the aid of assessors.' this was under the code of criminal procedure ..... in force in 1869. the question is whether it is the law also under the code of criminal procedure now in force. according to section 418 of the present criminal procedure code, where the trial was by jury, an appeal shall ..... is competent to us under these circumstances, to consider whether, after excluding the evidence wrongly admitted, the rest of she evidence is sufficient to sustain the verdict and to determine the appeal: see queen empress v. ramchandra criminal ruling no. 11 of. 1895.7. we are spared the necessity of ..... dealing with the evidence in detail, as it has been clearly set forth in the judge's charge and its infirmities ..... then the assistance of her relations, who were pressing her claim forward, she did not appear before the sub-registrar and adduce any evidence. the evidence that accused 1 removed ornaments and misappropriated property is, again, of a weak character, and even if it is believed it cannot .....Tag this Judgment!
Court : Allahabad
Reported in : (1918)ILR40All153
..... or in the general law to disentitle them to be heard on oath. it is not to be expected that direct evidence of a specific case of consideration passing between tout and employer can be forthcoming ..... by first hand testimony. in this ease almost every possible kind of evidence was given. i note that none of the alleged touts themselves gave evidence on oath, though i can find nothing in the statute or in the general law to prevent their doing so if they chose. the code of criminal procedure is not applicable, and there seems no reason in good sense ..... respectable members of the profession can obtain protection.4. the nature of the evidence which may legitimately be tendered in such a case does not really admit of much controversy. the learned judge has held that the recognized principles applicable in cases under section 110 of the code of criminal procedure of the 'evil livelihood' section, are applicable here. this is clearly right. indeed ..... it was admitted at the bar by both sides in this case, which was well and temperately presented. the statute says 'by general reputation or otherwise.' the former of those provisions clearly includes hearsay evidence which may be tested, when admissible .....Tag this Judgment!
Court : Kolkata
Reported in : 41Ind.Cas.456
..... court directing the remand, has urged that certain proceedings under section 145 of the cede of criminal procedure were not relevant under the provisions of the indian evidence act and that the learned district judge in this case has relied upon those proceedings under section 145, code of criminal procedure. i do not agree with that view. the learned judge was bound to consider as a ..... part of the history of the case, as he has done, these proceedings under section 145, code of criminal procedure. one cannot shut out ..... those proceedings under section 145, code of criminal procedure, and leave that part of the story blank. it is quite obvious that the learned judge has not relied on the reasons for the order ..... the view that is taken is that the plaintiff tried to set up a hat on the land but was resisted and proceedings were taken under section 145 of the code of criminal procedure and that these proceedings terminated in favour of the defendant. it is quite impossible to say that an attempt to take possession within twelve years prior to the suit .....Tag this Judgment!
Court : Kolkata
Reported in : 61Ind.Cas.650
..... the magistrate we may point out that the statement made by alimuddin to the police officer not being the first information as contemplated by section 154, criminal procedure code, the proper course for him would have been to take a statement from the police officer that alimuddin had made this particular statement to him, and ..... of that statement be could have given evidence from his note.4. there is really no substance in the rule and fasts being, as i have stated, i think, we ought not to ..... to that information it is argued that the writing was not evidence, because it was not really the first information in the case and that the proper procedure, if the statement of alimuddin made to the sub-inspector was to be used as evidence, was for the sub-inspector to repeat verbally the statement which ..... sentences passed on the petitioner should not be set aside. eight persons were convicted under sections 147 and 379, indian penal code. seven of them were sentenced to three months' rigorous imprisonment. one abdul bepari, who was also convicted under section 325, indian penal ..... that, under section 157 of the evidence act, a statement made to a person who is legally competent to investigate the facts can be used to corroborate the statement made by the witness. the objection it, really, a purely technical one, although of course in a criminal case the accused is entitled to every .....Tag this Judgment!