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Documents citing Harbans Singh And Another vs State Of Punjab on 16 October, 1961

Lalan Kishore Prasad vs State Of Bihar And Ors. on 10 January, 1996

The Punjab and Haryana High Court in the case of Harbans Singh (supra), has held that the observations were made after assuming the fact that the provision of Section 195(1)(b)(ii) was applicable which is clear from the fact that the observations start with the word "if". I may add that it would be tautological to say that where the bar of Section 195(1)(b)(i) is attracted prosecution on the basis of the private complaint is not maintainable. The decision of the Supreme Court is not to be read as laying down something which is so obvious. The decision is an authority on the point that although an offence is not specified in Section 195(1)(b)(ii) but if it comes within "description' of the offence of forgery under Section 463, the bar would be applicable. The decision in my opinion, thus is of no avail to the petitioner.
Patna High Court Cites 39 - Cited by 0 - Full Document

Damodarprasad Chandrikaprasad & Ors vs State Of Maharashtra on 29 November, 1971

Once the appellate court came to the conclusion that the view of the trial court was unreasonable that itself would provide a reason for interference. Again if it was found that the High Court applied the correct principles in setting aside the order of acquittal this Court would not ordinarily interfere with the order of conviction passed by the High Court in an appeal against acquittal or review the entire evidence where the High Court was right in its view of evidence. Therefore, if the High Court has kept in view the rules and principles of appreciation of the entire evidence and has given reasons for setting aside the order of acquittal this Court would not interfere with the order of the High Court [See Harbans Singh v. State of Punjab (supra).
Supreme Court of India Cites 15 - Cited by 13 - A N Ray - Full Document

Madan Lal Sharma vs Punjab And Haryana High Court on 15 July, 1998

11. The complaint sought to be quashed, as referred to above, has been lodged against the petitioner under Sections 193/196/465/471 read with Section 109 IPC. This complaint has been lodged by the Punjab & Haryana High Court through its Registrar. The allegations against the petitioner are that after scrutinising the RFAS, objections were raised by the Registry and the matters were returned to the counsel to be filed within a week. These RFAs were refiled on different dates but were returned with the objection that compliance of the previous objections had not been done. The appeals were again returned on August 27, 1982. The claimants had paid substantial amount to D.S. Sandhu, Advocate for filing the appeals in this Court. It was only on April 14, 1981, i.e., after the expiry of limitation period provided for filing the appeals in this Court, that D.S. Sandhu filed applications for obtaining certified copies of the awards in the three cases decided by the Addl. District Judge. The copies were delivered to him on November 12, 1981 against his signatures on the applications. Mr. Sandhu purchased court fee stamps for the three appeals, fabricated date of applying for copies on the three certified copies in order to bring the appeals within time and in his endeavour he was joined by Shri M.L Sharma, Advocate, petitioner herein, who filed three RFAs in this Court. The enquiry in the matter was got made by the High Court from the District Judge (V), Haryana who after recording evidence came to the conclusion that Shri Sandhu was one of the Advocates in the court of Additional District Judge representing the claimants when the order was announced on January 4, 1980 and that the claimants after about two weeks of the announcement of the judgment by the Additional District Judge paid various amounts to Shri Sandhu for filing appeals in the High Court who applied for certified copies of the judgment on April 14,1981 and got the delivery of the copies on November 12, 1981 and he took into confidence Shri M.L Sharma, Advocate for filing three appeals in the High Court. It was Shri Sandhu who launched, on the pattern of tampering with the record, with a view to dupe the court in apparently making the appeals within time. The aforesaid report of the District Judge was accepted by the High Court and vide order dated February 28, 1983 it was ordered that prosecution against the persons responsible for various offences be launched. Shri Sandhu had fabricated the certified copies of the award by interpolating the date of filing applications for obtaining certified copies from April 14, 1981 to February 14, 1980 in order to bring the appeals within limitation and by filing fabricated copies in the appeals in the High Court through Shri M.L. Sharma, Advocate, Shri Sandhu had committed offences under Sections 193/196/465 and 471 IPC. Shri M.L. Sharma, Advocate, fully knew that the certified copies were fabricated and he filed the same in the High Court in the three appeals in connivance with Shri Sandhu and committed offences punishable under Sections 193/196/465/471 read with Section 109 IPC.
Punjab-Haryana High Court Cites 52 - Cited by 49 - Full Document

Cb I vs . Sh K C Singh S/O Late L P Singh on 27 July, 2010

In Harbans Singh Vs State of Punjab accused was acquitted because of the discrepancy in the statement of shadow witness, because he had stated that recovery was not affected in his presence. As discussed above , in our case recovery of bribe money from the pocket of accused well proved by PW Anil CC No. 37/2004. 60/63 61 Kumar and HK Lall which has also been corroborated Mukesh Kumar and Nawab Khan. In these circumstances, facts and circumstances of our case are different then that of the authorities relied upon by Ld Defence counsel.
Delhi District Court Cites 49 - Cited by 0 - Full Document

Balkari And Anr. vs State Of Rajasthan on 11 August, 1975

In Harbans Singh v. State of Punjab it has been held, ...It must be held that it is neither a rule of law nor of prudence that a dying declaration requires to be corroborated by other evidence before a conviction can be based thereon. The evidence furnished by the dying declaration must be considered by the Judge, just as the evidence of any witness, though undoubtedly some special considerations arise in the assessment of dying declaration which do not arise in the case of assessing the value of a statement made in court by a person claiming to be a witness of the occurrence.
Rajasthan High Court - Jaipur Cites 8 - Cited by 0 - Full Document

Vithan Devi @ Bizli vs State [Along With Crl. A. No. 684/1999] on 4 February, 2005

19. The legal position that emerges from these decisions is that in order to pass the test of reliability, a dying declaration has to be subjected to a very close scrutiny bearing in mind the fact that the statement in question has been made in the absence of the accused who had no opportunity to test the veracity of the statement by cross-examination. The law also permits placing dying declarations recorded by a competent magistrate in the form of questions and answers at a higher pedestal than one that is not recorded by the magistrate or is in the form of a narrative. The law does not require any corroboration for the dying declaration once the court comes to the conclusion that declaration is a truthful version of the deceased about the circumstancs of his/her death and the assailants responsible for the same. See State of Uttar Pradesh v. Mohammed Sayeed and Harbans Singh and Anr. v. The State of Punjab (supra).
Delhi High Court Cites 8 - Cited by 0 - T S Thakur - Full Document
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