Court : Guwahati
Decided on : May-03-1976
..... unsoundness of mind, is incapable of knowing the nature of the act or that he is doing what is either wrong or contrary to law.10. there are various degrees of insanity known to the medical man or psychiatrist; but law does not recognise all kinds of insanity. legal insanity, as contemplated by section 84 of the penal code, is that unsoundness of mind ..... axe, and another blow on her hand. she was examined by p.w. 3, dr. guha, who deposes that he examined her and found one incised wound 3' x 1/2' x bone deep on the back of the neck. according to him the injury was grievous and caused by dangerous weapon. the appellant has not denied that he caused grievous ..... , 5 his. description as '1st class magistrate' and also the description 'specially empowered in this behalf' after cancelling 'second class' below the line under 'first class'. similarly in column no. 2 he has not mentioned the date on which the appellant was arrested, nor has he mentioned in column no. 4 the name of the person in whose care the appellant ..... and 326 of the penal code. he was sentenced to imprisonment for life under section 302, and sentenced to rigorous imprisonment for 3 years under section 326 of the penal code. both the sentences were directed to run concurrently.2. the prosecution case, in brief, is that on 6-3-1970 the appellant, who was a tea garden labourer, killed a girl aged .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-04-1976
Reported in : AIR1977SC681; (1977)4SCC596b
..... election is declared by the joint registrar of the high court.this agreement, we may add, does not violate any of the provisions of the representation of the people act, 1951 including section 97 thereof. after giving a full hearing to the counsel appearing before us for the respective parties, we had indicated that in the facts and circumstances of this case ..... disputed votes to be done under this order, shall both be taken into account for the purpose of determining as to which candidate has polled the largest number of votes.2. the recounting of disputed votes shall be done by or under the personal supervision of the joint registrar of the high court of allahabad, lucknow bench. parties, their counsel, and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-29-1976
Reported in : AIR1977SC608; 1977CriLJ376; (1977)1SCC180; 2SCR240
..... the passing of the sentence of death and its execution. a special provision for a person sentenced to death is to be found in section 30 of the prisons act, 1894, which lays down:30. prisoners under sentence of death-(1) every prisoner under sentence of death shall, immediately on his arrival ..... hewart, who opposed lord darling's attempt to legislate on the lines recommended by the atkin committee (see chapter 6). lord hewart suggested that the medical inquiry should be concerned only with a single, simple question: 'if this condemned person is now hanged, is there any reason to suppose from the ..... to pass orders for observation of the convict and obtaining certificates of experts on the mental condition of the convict.6. dr. p.b. buekshey, medical superintendent and senior psychiatrist, hospital for mental diseases, shahdara delhi, certified as follows:after careful consideration of the entire mental state of the accused, including ..... after sentence of death he cannot be hanged until he has recovered. in each of these cases, the question of sanity is entirely a medical question of fact and is in no way dependent on the principles laid down in m' naghten's case.the rule that insanity at the time ..... that it is necessary for the safety of the prisoner or others that he should be further detained under medical care or treatment, then until he is discharged according to law.(2) where it appears to the state government that the prisoner has become of sound mind, the state government shall, .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-11-1976
Reported in : 1977CriLJ1428
..... common use and therefore unidentifiable. they were not recovered from the sole possession of the accvised appellants and therefore, no presumption under section 114, indian evidence act can be drawn against the appellants it was pointed out that ram sanehi was not even an accomplice because his statement is exculpatory. ..... air 1947 pc 135 the privy council held that no doubt the evidence of accomplices ought as a rule to be regarded with suspicion. the degree of suspicion which will attach to it, must however, vary according to the extent and nature of the complicity ; sometimes the accomplice is not ..... to have absconded. therefore, only 8 persons in all were tried.4. the learned trial judge examined 19 prosecution witnesses. pyarelal was examined under section 540 cr. p. c. he also examined 6 defence witnesses. after conclusion of the vidence, the learned trial judge held that a dacoity did ..... is a competent witness and conviction shall not be illegal if based upon an uncorroborated testimony of the approver ; (2) according to the illustration (b) of section 114 of the indian evidence act, the court may presume that an approver is a man of untrustworthiness until ho is corroborated in material particulars ; ..... judge should have rejected his evidence.18. in respect of the evidence of an approver the law as stated in king v. basker ville, (1916) 2 kb 658 is that where on the trial of an accused, evidence is given against him by an accomplice, the corroboration which the common law .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-17-1976
Reported in : 1976WLN135
..... of the injury, blood and intestines came out of the stomach of madanlal and he became unconscious the doctor, who examined the injury of madanlal, definitely opined that the injury was capable of causing, death & that be survived by sheer luck. all these facts do lead to the inference that it ..... probable that during the scuffle when madan lal injured was using his bands indiscriminately to ward off the assault being made upon him, ramzan, who was definitely present there, would have come in between and received a fist blow or a slap consequently, i cannot persuade myself to believe that madan lal ..... both the appellants fighting with madan lal with fists and slaps but madan lal whose statement has been relied upon by the trial court definitely stated that he did not sustain any injury other than the stab wound on his person although the appellants were using their fists and slaps ..... record the statement of poosa ram and amiya upto 15.6.1973 on the advice of the medical officer. the above statement does not find support from the testimony of dr. p. dayal, dw. 3, who stated in definite & clear terms that, in his opinion, amiya & poosaram did not require admission into ..... by his very judgment another co-accused ghanshyam was convicted under section 352/34, i.p.c. and was released after admonition under section 3 of the probation of offenders act, ghanshyam, however, did not file an-appeal against his conviction and sentence.2. the prosecution cases against both the appellants may be stated, .....Tag this Judgment!
Court : Chennai
Decided on : Dec-23-1976
Reported in : (1977)2MLJ431
..... of legal decisions laid down on the point.14. what is good faith:the expression 'good faith' is not defined in the act. section 3(22) of the general clauses act, 1897 defines 'good faith' thus:a thing shall be deemed to be done in 'good faith' where it is in fact ..... the specific relief act, there are several judicial authorities which have applied the definitions in the general clauses act to the specific relief act on the ground of equity ..... done negligently i or not.though the original specific relief act, 1877 (which has now been renumbered as the 1963 act) was passed earlier in point of time to the general clauses act and as such the definition in the general clauses act would not expressly be applicable to the terms used in ..... the above pleadings the following issues were framed by the trial court:1. whether the agreement dated 10th march, 1968 was executed by defendants?2. whether the first plaintiff agreed to have the sale deed completed in three months?3. whether the payments to first defendant as alleged in ..... it.this definition includes both actual and constructive notice. a bona fide contract, whether oral or written, prevails against a subsequent registered conveyance if the transferee had notice of the prior contract. the legal presumption of knowledge or notice arises from:1. wilful abstention from an enquiry or search;2. gross .....Tag this Judgment!
Court : Kerala
Decided on : Oct-05-1976
Reported in : 1977CriLJ1197
..... injury could have been caused from his front. the doctor has stated that this injury could have been caused from behind if the victim was sitting straight. one injury is definitely on the back. it is not clear from the evidence whether it was from his side or from behind that this particular injury was inflicted. anyhow this aspect cannot in ..... in pursuance of an order passed by a learned judge of this court on the calendar as to why the appellant should not be convicted and sentenced under section 302, i. p. c.2. the occurrence in this case was at about 6 p. m. on july 15, 1974, and was from a bathing ghat on the southern side of a canal ..... the eyewitnesses should be rejected on these grounds or should not be accepted unless they are corroborated by other independent evidence. another attack against the prosecution case is that the medical evidence destroys the prosecution version, that it really supports and probabilises the version put forward by the appellant that it was at the hands of thampi that thankan sustained the ..... that after inflicting two stabs, the appellant pushed thampi into the canal and the doctor has deposed that this superficial injury could have been caused in the course of the act of pushing him into the canal. pointing out that the doctor has stated that the injury found on the chest of thankan was having cut margins, it was argued that .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-08-1976
Reported in : (1976)78BOMLR318; 1977MhLJ90
..... from july 1, 1975, the question which was posed for consideration before the division bench was whether if the impugned declaration under section 12a (2) of the cofeposa act gets vitiated for any of the reasons urged against it, the impugned order of detention must also fall to the ground or not ..... out and give effect to the constitutional protection in the matter of detention contained in article 22(4) of the constitution of india. section 8 of the cofefosa act, therefore, does not create any independent right because the right to have the detenu's matter referred to the advisory board is a ..... june 27, 1975, such a contention is not open to him.3. it appears to us that this contention is well founded- section 8 of the cofeposa act of which a breach is alleged to have been committed by not referring the case of the petitioner to the advisory board run as follows ..... was further contended that when the petitioner seeks to have his order of detention quashed because of non-compliance with the provisions of section 8 of the cofeposa act or because the order of detention was not confirmed within three months, he is in substance enforcing his right under article 22 and ..... a specific provision was made in section 8 for furnishing of the grounds of detention and affording an opportunity of making a representation to the appropriate government. the constitution of the advisory boards under the misa was provided for by the act itself without correlating it to the definite clauses of article 22, it .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-20-1976
Reported in : (1977)6CTR(AP)18
..... tribunal that the item of rs. 38,229/- was by way of entertainment as the word 'entertainment' is understood in the context of s. 37(2) of the income-tax act, was correct. the process of reasoning which appealed to the tribunal is different from the reasoning which has appealed to us. we are in antire agreement ..... the question referred to us as follows :-the amount of rs. 38,229/- spent by the assessee on the allowed under s. 37(1) of the income-tax act, 1961. the question is, therefore, answered in favour of the assessee and against the revenue. the additional commissioner of income-tax will pay the costs of the ..... of the case, the sum of rs. 38,229/- spent by the assessee on guests could be allowed either under s. 37(2) or under s. 37(3) of the income-tax act, 1961'.2. the facts leading to this reference are as follows :we are concerned with the assessment year 1967-68. the assessee is a private ..... spent by the assessee on their guests in an item of business expenditure which would fall under s. 37(1) of act 1961. since it is not entertainment expenditure it does not fall under s. 37(2) nor can it be said to have been spent by way of advertisement and it was expenditure incurred wholly and exclusively ..... for the purpose of business of the assessee-company and hence it would fall under s. 37(1) of the act.5. before leaving this case we must .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-12-1976
Reported in : (1977)18GLR660
..... the purpose of, and in relation to fabrication proceedings; i am further of the opinion that in view of the provisions contained in section 41 of the arbitration act, the power and jurisdiction of the court to appoint a receiver or to make any order of interim injunction or any order in ..... arbitrators were persons residing outside the jurisdiction of the high court, an application was made before the high court for appointment of umpire under section 8 of the act. along with this application, two applications for appointment of receivers were made. the observations mentioned above, however, are based on the principle ..... relation to arbitration proceedings or for the purposes of and in relation to any proceedings before the court, is referable to cause (b) of section 41 of the act alone. in any case, the phrase 'for the purpose of and in relation to arbitration proceeding' is of wide amplitude and will take ..... for the appointment of a receiver in an arbitration proceeding can only be made under section 41 of the arbitration act read with the schedule ii. it cannot be made under any other provision of law, because the arbitration act is a complete code in itself. where an application is made invoking the court' ..... passed by a small cause court.(2) no second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect or take away any right to appeal to the supreme court.41. subject to the provisions of the act and of rules made there under:(a .....Tag this Judgment!