Court : Allahabad
Decided on : Nov-20-1963
Reported in : AIR1965All196; 1965CriLJ524
..... accused' in our code, it is true that the indian venal code contains specifications of states of mind, by using terms such as 'voluntarily' or 'knowingly' or 'fraudulently' in its definitions of offences, but this does not mean that one is precluded from invoking the aid of basic doctrines underlying criminal liability in interpreting statutory provisions containing rather broadly denned offences ..... conditions in the criminal law of india. but, instead of enacting a general principle such as nemo est reus nisi mens sit rea, the indian legislature has included, in the definition of each offence, a clear statement of the mental condition necessary to constitute the offence. if, in any case, the indian legislature has omitted to prescribe a particular mental condition ..... life' occur, were already there. although words expressly indicating a test of degree were not used in section 304a, i. p. c. we can infer, from the words used in section 304a, i. p. c., that the act must be reasonably capable of resulting in the death, which the perpetrator of the act takes the risk of causing, and also that the mens rea must ..... consequence of a conviction for felony to results produced by mere inadvertence. the stricter view became apparent in prosecutions of medical men or men who professed medical or surgical skill for manslaughter by reason of negligence.'23. passages from andrew's case, 1937-2 ail-er 552 (supra) intended for explaining the modern view of manslaughter in england, are not in my opinion .....Tag this Judgment!
Court : Allahabad
Decided on : May-08-1963
Reported in : AIR1964All270; 1964CriLJ626
..... the result of analysis, namely, data from which it can be inferred whether the article of food was or was not adulterated as defined in section 2(1) of the act. we find no reason to depart from that view. in fact, we are in respectful agreement with the law as laid down in the ..... s. d. kapoor. this was sufficient to prove that the complaint was made by the medical officer of health of the nagar mahapalika of kanpur, a person duly authorised by the state government under section 20(1) of the act, and the magistrate rightly took cognizance thereof. but if the learned sessions judge felt hesitant ..... be entertained by the magistrates of kanpur. however, as already mentioned above, the designation was wrongly noted, and the complainant was referred to as the 'medical officer of health of the municipal board, kanpur'. the matter in controversy is thus a simple one; are the courts of law competent to take cognizance of ..... was of opinion that on the day the complaint was submitted to the magistrate there was no municipal board of kanpur and there, could be no medical officer of health of a nonexistent body like the municipal board of kanpur. reliance was placed upon the form of the complaint without reading it as ..... in full at a later stage while considering whether such a report is admissible in evidence.3. on receipt of the public analyst's report the medical officer of health submitted the complaint (ex. ka-5) to the magistrate ist class, kanpur, on the basis of which the respondent was tried .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-05-1963
Reported in : AIR1965All39; 1965CriLJ3
..... a notice and not protest at all against the coercive influence brought to bear upon him. 5. a sale has been defined in section 2(18) of the prevention of food adulteration act. it includes a sale to a food inspector even in the madras case, the sale to the inspector was held to be ..... desai, air 1959 ker 190. in all these cases the question under consideration was the meaning of the word 'store' as used in section 7 of the prevention of food adulteration act, 1954. it was held that mere 'storing' without the intention to sell, an adulterated article of food would not amount to 'storing ..... the public analyst was also duly proved showing that the milk was adulterated. 3. it was argued before me that the food inspector had power under section 10(1)(a)(i) to take sample only from a person selling an article of food. it was also argued that there is no evidence ..... that there should be a sale of an adulterated food by a person, in contravention of section 7 of the prevention of food adulteration act, 1954, so as to make that person liable to be punished under the act. the intention with which the article of food, which is actually found to be sold, ..... a conviction under section 7(16) or the prevention of food adulteration act. the applicant was fined rs. 300/-. and, in default, sentenced to undergo three months' rigorous imprisonment by a learned magistrate of bareilly. the conviction and the sentence were maintained on appeal by an additional sessions judge of bareilly. 2. the prosecution case .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-18-1963
Reported in : AIR1964All95; 1964CriLJ319
..... to extend those provisions to any area within their jurisdiction results in theinfringement of article 14 of the constitution. in otherwords the argument is that the powers conferred by section 2 of the act are discriminatory in their natureand it has been left to the state government withoutthere being any legislative guidance to choose the areasto which the stringent provisions of the ..... towards a correct decision of the case if in brief,the scheme of the act were to be given and its variousprovisions surveyed. section 1 of the act is the interpretation clause and defines a 'common gaming house.'section 2 of the act reads as follows: '2. sections 13 and 17 of this act shall extend to the whole of the said states; and it snail be competent ..... passing this new ordinance is identically the same for which the earlier ordinance was passed, and the preamble to the latter, taken along with the surrounding circumstances, discloses a definite legislative policy which has been sought to be effectuated by the different provisions contained in the 'enactment'. if special courts were considered necessary to cope with an abnormal situation it ..... people, that its laws are directed to problems made manifest by experience and that its discriminations are based on adequate grounds; (d) that the legislature is free to recognise degrees of harm and may confine its restrictions to those cases where the need is deemed to be the clearest; (e) that in order to sustain the presumption of constitutionality the .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-06-1963
Reported in : AIR1964All1
..... by the division bench may be understood in the sense of 'agreement of tenancy'.16. section 7 of the rent control act deals with control on letting. according to sub-section (1) of section 7, landlords and tenants have to report vacancies to the district magistrate. sub-section (2) of section 7 states:--'the district magistrate may by general or specialorder require a landlord to let or ..... of 1872. that was long before the constitution of india was drafted. the definition of 'law' contained in article 13 of the constitution can have no application for the interpretation of section 23 of the contract act.33. i think, the term 'law' in clauses (i) and (ii) of section 23, contract act should be understood in a somewhat limited sense. the term 'law' obviously covers ..... an agreement contravening an order passed by the district magistrate under section /(2) of the rent control act defeats the purpose of the act. but it does not follow that, the agreement also defeats the provisions of the act. it is possible to defeat the purpose of the act without infringing any provision of the act. a man is entitled to arrange his affairs in such a ..... of the government notification. the plaintiff's suit on the promissory note was, therefore, dismissed.23. in moti chand v. ikram ullah khan air 1916 pc 59 it was held that, the policy of the agra tenancy act is to secure and preserve to a proprietor whose proprietary rights in a mahal or in any portion of it is transferred otherwise than .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-29-1963
Reported in : AIR1964All7
..... circumstances. the legislature has trusted him in respect of the exercise of his discretion under this section.29. where a revision is filed before the commissioner under sub-section (2) of section 3 of the act, sub-section (3) provides that the commissioner shall hear the application and that he may alter or reverse ..... the order passed by the district magistrate or make such other order as may be just and proper. section 7-f of the act also entitles ..... certiorari and the existence of the landlord's need is a rational ground. in some cases it has been held that a commissioner acting under section 3 (3) acts quasi-judicially because he is to be satisfied about the correctness, legality or propriety of the district magistrate's order and if, ..... a rational cause.13. in shri krishna v. addl. commr., allahabad 1958 all lj 234 mehrotra, j., while considering that a district magistrate acts administratively under section 3 (1) observed that the district magistrate 'has to consider ......... the points of view of both the landlord and the tenant and to ..... possession to the landlord, there is no necessity for the latter's suing him for eviction. if the tenant has done certain wrong acts enumerated in section 3 (1) itself, the landlord can sue him for eviction without any permission from the district magistrate. he needs permission in other .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-02-1963
Reported in : AIR1963All426
..... description and area so as to be identifiable is needed for a public purpose or for a company. what was a mere proposal under section 4 becomes the subject-matter of a definite proceeding for acquisition under the act.'19. in motibhai vithalbhai patel v. stats of gujarat : air1961guj93 , it was held;'when land is sought to be acquired for a company it ..... to ascertain whether, the land is adapted for a public purpose. all these are acts of an exploratory nature and are defined in sub-section (2) of section 4. section 5 provides for payment of all damages as a result of such acts, section 9(3) enjoins the collector to invite objections from all per-sons interested in the land and, after hearing them making any further ..... writ petition was, therefore, delayed.7. on behalf of the opposite-parties, it is argued that the above explanation is neither satisfactory nor reliable. the petitioner has not filed any medical evidence supporting the allegation that opposite party no. 4 was ill. if, as stated in the application opposite-party no. 4 was lying ill in the balrampur hospital after having ..... in question is suited.' this is the reason why no boundaries of the land need be given in the notification wider section 4 of the act.on the other hand, section 6(2) of the act lays down that the declaration under the said section 'shall be published in the official gazette, and shall state the district or other territorial division in which the land is .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-11-1963
Reported in : AIR1965All17
..... the ordinance, was promulgated by the president this ordinance was superseded by the land acquisition (amendment act, 1962), hereinafter referred to as the amending act. by virtue of section 2 of fee amending act section 3 of the act was amended in so far that in clause. (e) of the parent act the following words were added at the end namely:or any other law relating to co ..... is also a public purpose with the result that the purpose for which acquisition is being made in the present case is fully covered by the definition.21. again, the definition of public purpose as given in section 3(f) is not exhaustive, as the use of the word 'includes' itself suggests. what is public purpose has been a matter of judicial decision ..... be extinguished in the manner provided therein. these provisions do not defeat the land acquisition act which is a special act.the word 'land' has been defined in the act and the definition is comprehensive enough to include bhumidhari and sirdari land apart from it section 9 of the act provides that notice shall be issued to all persons interested in the land including actual occupiers ..... as distinguished from owners. section 11 of the act which deals with the making of the award provides that the amount of .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-11-1963
Reported in : AIR1964All25
..... to the supreme court. there should, therefore, be no difficulty in holding that, an appeal lies under sub-section (1) of section 39 of the arbitration act. sub-section (2) of section 39 of the arbitration act makes it clear that the right to appeal to the supreme court is not affected by the provision that no ..... refused to set aside the award. such an order is appealable under clause (vi) of sub-section (1) of section 39 of the arbitration act. it is laid down in sub-section (1) of section 39 of the arbitration act that, an appeal lies to the court authorised by jaw to hear appeals from original decrees ..... set aside the award. secondly, it was directed that a decree should be prepared in terms of the award.12. now, under section 17 of the arbitration act, no appeal lies from such a decree except on the ground of its being in excess of or not otherwise in accordance with the ..... in treating the decision as a judgment or final order. 8. the learned counsel for the plaintiff-respondent relied upon section 17 of the arbitration act. he pointed out that, section 17 of the arbitration act requires that, the court has to pass a judgment in terms of the award. he, therefore, contended that ..... second appeal lies.section 17 of the arbitration act states:'upon the judgment so pronounced a decree shall follow and no appeal .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-05-1963
Reported in : AIR1964All83
..... reading the aforesaidprovisions together, it is clear that whenever an election to a seat or seats, as stated in section 2(1)(d) is sought to be questioned it can only be done by presenting an election petition in accordance with the provisions of part ..... a candidate are included in the definition of 'candidate'. a 'candidate duly nominated' is composed of three categories, viz. a 'candidate who has withdrawn his candidature tinder section 37, a 'contesting candidate' and a 'returned candidate', all of which are defined in the act. the first is one whose name ..... act is divided in several parts, of which part vi provides for disputes regarding elections. this part begins with section 79 and ends with section 122. section 80 lays down that 'no election shall be called in question except by an election petition presented in accordance with the provisions of this part.' the word 'election' is defined in section 2 ..... already been examined by the tribunal and has given evidence against him, of calling evidence in his defence and of being heard. (2) ..... .' 8. this section, in our opinion, amply safeguards the interests of all persons, including candidates from constituencies other than the constituency the election of which is ..... whether any corrupt practice has or has not been proved to have been committed at the election, and the nature of that corrupt practice; and (ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature .....Tag this Judgment!