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-18-1963
Reported in : AIR1965All106
..... different states,--between citizens of the same state claiming lands under grants of differentstates, and between a state, or the citizens thereof, and foreign states, citizens or subjects. (section 2).the inclusion of admiralty jurisdiction in the judicial power of the united states has not affected the classification of proceedings in american jurisprudence as civil or criminal.27. in : ..... the other high courts. the numerous illustrations of civil action in american jurisprudence quoted above show that the words civil proceedings have acquired the widest possible meaning today. rigid definitions of legal concepts are undesirable as they evolve with experience, but broadly speaking, any legal process, be it a suit in the civil courts or any kind of ..... with the authorised controller and deprived all the partners of their powers of management. the terms of the order must be read with section 4 of the central act which enjoined the authorised controller appointed under section, 3 to exercise his functions in accordance with any instructions given to him by the central government and also directed any person having ..... proceedings before the high court as 'civil, criminal, or other proceedings' and an order under article 226 rejecting a petition challenging an assessment order under the sales tax act and seeking, to restrain the state from realising the tax is passed in revenue proceedings which are proceedings other than civil proceedings; secondly (in the alternative) proceedings under .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-16-1963
Reported in : AIR1964All497; 1964CriLJ502a
..... the foot of the complaint dr. v. n. srivastava had given his consent to sri s. n, gupta, food inspector, within the meaning of section 20 of the act read with u. p. government notification no. 19395/xvi (ph.) - 461-52 dated 16-12-1935 for instituting the prosecution.4. the learned magistrate ..... and the prosecution in order to make an allegation 'complaint'. i find myself in respectful agreement with that observation. the order of consent given by the medical officer of health in the present case to the initiation of prosecution by sri s. n. gupta, food inspector, cannot be held to have a ..... which requires consideration. the legislature has given limited right to a complainant to challenge an order of acquittal. therefore, the word 'complainant' as occurring in section 417 (3) of the code of criminal procedure has to he construed in a strict manner. its scope cannot be enlarged to include even those who ..... the code but it has not been defined anywhere. however, it has to be interpreted in the light of the definition which the legislature has given to the word 'complaint' in section 4 (1) (h) of the code. in my opinion, therefore, it is obvious that 'complainant' is he, who moves the ..... recorded by a magistrate 1stclass of moradabad in a case under section 7/16 of the prevention of food adulteration act.2. sri s. n. gupta, food inspector municipal board moradabad, filed a complaint against' the opposite party on the allegations that on 17-2-1961 at about 9 a. m. he found the opposite .....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 : Dec-02-1963
Reported in : AIR1964All473
..... goverdhan das badri prasad v. the benares cotton and silk mills, (in liquidation) dismissing the appellant's petition filed under section 153 of the act read with sections 173 and 174 of the act.2. it would contribute to a clear understanding of the questions raised before us if the following facts are mentioned :the benares ..... made the following three submissions before us :1) that the learned district judge was wrong in holding that the applications did not lie under section 153 of the act. 2) that in any case the decision of the learned district judge on merits is erroneous. he should have, on the basis of the material ..... be accepted or not.10. in the matter of patiala starch and chemical works ltd the point whether such an application was under section 153 of the act was not specifically raised and decided but certain observations made in that judgment were relied upon by shri rajeshwari prasad.11. in in re ..... not definite'', and the second one 'appears to me a camouflage'. with regard to third he found' that it was nothing but a reproduction of scheme no. 2, 'with the only modification that a sum of rs. 25 lacs shall be paid within six months'. he also held that section 153 of the act was ..... not applicable and the applications could not lie under that provision. with regard to the applicability of section 174 of the act, the learned .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-29-1963
Reported in : AIR1965All1
..... would acquire the status of a bhumidhar only if he be longs to the class mentioned in sub-section (3) or sub-section (2) of section 3-a of the u p agricultural tenants (acquisition of privileges) act. the effect of sub-section (2) of section 18 of the act is that it is by virtue of that provision that a person holding a bhumidhari sanad becomes a bhumidhar ..... . the truth is that the full power of alienation and disposition is only an index of owner ship but cannot he regarded as essential in the definition of it.34. it may be observed that section 169(2) withholds testamentary power not only from those female bhumidhars who would not become fresh stock of descent but from them also who do be come ..... same father as the deceased acquires the rights of a bhumidhar in such land under section 134 or 235 the rights so acquired shall for the purpose of devolution under section 172 be deemed to be succession to the holding of the last male-holder thereof.'this section definitely provides that even in the case where a female sirdar or adhivasi acquires bhumidhari rights ..... in the holding inherited by her notwithstanding the circumstances that it was her act which converted the holding into bhumidhari, succession to it would still devolve under section 172 of the act on the heirs of the last male-holder .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-26-1963
Reported in : AIR1965All18
..... the rules has been brought to my notice which provides for any period of limitation for filing an application for execution of a decree passed by a nyaya panchayat section 93 of the act provides for the execution of decrees and states that a decree or order passed by a nyaya panchayat shall be executed by it in such manner as may ..... as may be prescribed the contention of the learned counsel for the petitioner is that in view of section 83 the indian limitation act is inapplicable to proceedings under the act and that there is no other provision in the act which provides for any period of limitation for making an application for execution. there appears to be considerable force in this argument. it ..... of under the act. it further provides that the code of civil procedure 1908 the code of criminal procedure 1898, the ..... of the panchayati adalat and of the learned munsif.2. the contention of the petitioner is that the limitation act was not applicable to the execution proceedings and therefore his application for execution could not be dismissed as time-barred. section 83 of the u. p. panchayat raj act provides that in proceedings under the act the nyaya panchayat shall follow the procedure prescribed by .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-22-1963
Reported in : 50ITR101(All); 60ITR720(All)
..... dividends, in addition to the preferential right to the repayment, on a winding up,....it has a right to participate, whether fully or to a limited extent,....'sub-section (2) of section 85 deals with the second kind of share capital, i.e., 'equity share capital'. this means, with reference to any such company, all share capital which is ..... equity shareholder also.the word 'fixed' in corpus juris secundum is defined :'a term of no technical significance, which imports certainty and definiteness both as to obligation and amount, denotes predetermination, establishment and a degree of constancy and invariability which excludes subservience alone to mere occasion, and has been defined as meaning established; firm; fastened; finally determined upon ..... as required by the second proviso (i)(b) of paragraph d, part ii, first schedule, to the finance act of 1956. a notice was thereupon issued under section 35 of the act to show cause why the necessary modification under the aforesaid provision of the finance act should not be carried out. the petitioner objected and finally on the 31st ..... ; immovable; securely placed, unalterable; lasting : ........'even according to this definition it would be difficult if not impossible to hold that the rate a .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-16-1963
Reported in : AIR1964All322
..... not disclosing the details of the textile mills wherein he owned his shares, or the value of the pearl necklace, it was impossible to come to a definite finding, even prima facie, that the appellant was unable to pay his debts. unless the assets of the appellant, along with his liabilities, were fairly presented ..... , along with other creditors, are opposite parties to this appeal.3. a date was fixed for the hearing of the petition, as provided under section 24 of the act, and the appellant examined himself in support of his case, in his statement the appellant admitted that he had not shown certain items of his ..... the words 'unless he isunable to pay his debts' are not to be found in thissection as it stood in the year 1907. 8. section 10 of the provincial insolvency act, 1920, provides as follows :-'a debtor shall not be entitled to present any insolvency petition, unless he is unable to pay his debts end- ..... proposition the learned counsel relied on a judgment of the privy council reverted in chhatrapat singh dugar v. kharag singh lachmiram, 15 all lj 87 : (air 1916 pc 64), and also on a full bench decision of this court in the case of triloki nath v. badri das, reported in 1lr 36 all 250 ..... tripathi, j.1. this first appeal from order arises out of proceedings under the provincial insolvency act, 1920.2. the appellant filed a petition under section 10 of the act before the court of the district judge, mathura for being declared an insolvent on the ground that he was unable to pay his .....Tag this Judgment!