Results.
16 judgments found.
|
|
|
| December 1937 |
|
|
Where a native union is irregular, native law and the child’s interest may vest custody in the mother; such disputes suit Native Courts.
-
Native law and custom — custody of infant of native union — effect of irregular native union on custody — consideration of child’s best interests — appropriate forum (Native Court or administrative officer rather than Resident Magistrate).
|
31 December 1937 |
|
A sentence sent for confirmation must be actually passed, not merely "recommended," and the High Court cannot impose a recommended sentence.
-
Criminal procedure — Sentences submitted for High Court confirmation must be sentences actually passed, not mere recommendations — High Court revisional jurisdiction cannot impose a merely recommended sentence — s.197A Criminal Procedure Code: power to commit accused (apparent age 17+) to High Court for sentence.
|
31 December 1937 |
|
Sharing one's wife for payment, without evidence of promiscuity, is insufficient to prove the applicant lived off prostitution.
-
Penal Code s127(1)(a) — living on earnings of prostitution — definition of 'prostitution' — exclusivity versus promiscuity — insufficiency of evidence — native custom irrelevant absent proof of offence.
|
31 December 1937 |
|
Conviction for cheating requires that the fraudulent misrepresentation directly induced the obtaining; prosecutors should not pursue doubtful charges.
-
Penal Code s.280 — cheating — requirement that property be obtained directly by fraudulent trick; prosecutor’s duty to decline doubtful prosecutions; complainant should sign complaint; hire-purchase misrepresentation not causal.
|
31 December 1937 |
|
Criminal courts may order fines applied as compensation under CrPC s164, not under Penal Code s30, but this power must be sparingly exercised.
-
Criminal law — Manslaughter by negligence — Compensation — Penal Code s30 limited to person injured; Criminal Procedure Code s164 permits application of imposed fine as compensation to persons (including next of kin) who could recover in civil suit; s162A £25 limit and relation to s164; section 164 to be sparingly exercised and generally confined to special damages.
|
31 December 1937 |
|
Conviction for cheating requires proof the fraudulent representation induced the obtaining of the property; police should avoid prosecuting doubtful complaints.
-
Criminal law — Cheating (Penal Code s.280) — Causation requirement: fraudulent representation must induce obtaining of property — Evidence and timing of documents — Criminal procedure — Police discretion in taking up private complaints — Preferable practice that complainant swear information — Private prosecution and cost deterrent.
|
31 December 1937 |
|
A "previous conviction" for sentencing must antedate the later offence, not merely precede its later conviction.
-
Criminal law — Sentencing and record-keeping — Meaning of "previous conviction" — Must predate the subsequent offence, not merely the subsequent conviction.
|
31 December 1937 |
|
Convicting magistrate may issue warrant to return deportee under original Governor’s order; “fresh warrant” wording is redundant.
-
Penal Code s.35(3) — Deportee leaving prescribed area — Meaning and effect of “fresh warrant” — Magistrate’s authority to issue warrant under original Governor’s deportation order — Alternative of recommending new Governor’s deportation order for a fresh period.
|
31 December 1937 |
|
False answers to public servants' questions do not constitute "giving information" under section 106A(a); conviction quashed.
-
Penal Code s.106A(a) — "give any information" — construed; does not include answers to questions by public servants; follows Indian precedent (s.182 IPC); conviction for false answer set aside; legislative gap in Native Tax Ordinance noted.
|
31 December 1937 |
|
The respondent’s escape sentence was reduced due to lack of proper supervision and mitigating circumstances despite a prior similar offence.
-
Criminal law — Escape (Penal Code s.101) — Sentencing — Consideration of surrounding circumstances and degree of supervision — Lack of proper guard as mitigating factor — Prior similar conviction limits reduction.
|
31 December 1937 |
|
A mere admission of finding and taking goods is not a plea of guilty to housebreaking; guilty pleas must show full admission of all offence elements.
-
Criminal Procedure Code s.187(2) — recording of admissions; plea of guilty — distinction between admission of possession/theft and admission of breaking and entering; magistrate’s duty to record accused’s words; sufficiency of evidence despite absent witness.
|
31 December 1937 |
|
Conviction for neglect under the District Messengers Ordinance quashed where no evidence duty was imposed by proper authority.
-
District Messengers Ordinance (s.4, s.7(6)) — neglect of duty — duty must be imposed by law or by a Provincial Commissioner or District Officer — instructions from Head Messenger insufficient — indictment must contain sufficient particulars.
|
31 December 1937 |
|
High Court quashed unsafe indecent-assault conviction but confirmed summary perjury committals, stressing evidentiary standards and trial procedure.
-
Criminal review — s.54 Subordinate Courts Ordinance — summary committal for perjury requires same proof as Penal Code s.88; High Court may review and quash unsafe convictions; corroboration in sexual-assault cases; magistrate intervention and hearsay inadmissibility.
|
31 December 1937 |
|
A s.7(6) conviction requires proof the duty was imposed by a Provincial Commissioner or District Officer; absent proof, conviction quashed.
-
Criminal law — District Messengers Ordinance s.7(6) — charge of neglect to perform duty — essential requirement that the duty be imposed by a Provincial Commissioner or District Officer — failure to prove this element warrants quashing convictions.
|
31 December 1937 |
|
Series of similar burglaries in one night qualified as one lapse into crime; five-year aggregate sentence reduced to three years.
-
Criminal law — Sentencing — Multiple similar burglaries committed in one night — Aggregate sentences — Concurrent and consecutive sentences — Treating a series of offences as one lapse into crime — Excessive punishment review.
|
31 December 1937 |
|
Ambiguous pleas should be treated as not guilty; perjury requires proved material falsity and knowledge by the accused.
-
Criminal law — Perjury: contradiction between statements alone insufficient; prosecution must prove falsity (by two or more witnesses), materiality, and accused's knowledge; plea entry — enter "not guilty" when ambiguous to secure full inquiry.
|
31 December 1937 |