Pakala Narayana Swami vs Emperor on 19 January, 1939
Equivalent citations: (1939)41BOMLR428
JUDGMENT
Atkin, J.
1. This is an appeal by special leave from
equally to statements made by any person, whether accused or not Pakala Narayanaswami v. Emperor , (b) the person making the statement need ... opinion this is not the effect of the observations contained in Pakala Narayanaswami v. Emperor ('39) 26 The questions to be decided
statement is admissible in evidence. The case in question is 1. Pakala Narayana Swami v. Emperor (1939) 26 AIR PC 47. A person ... first three are anterior to the Privy Council decision in Pakala Narayana Swami v. Emperor (1939) 26 AIR PC 47 but they are nevertheless relevant
Irsad Alam vs State Of Bihar on 28 January, 2014
Author: Samarendra Pratap Singh
Bench
inadmissible. A confession unless it fulfils the test
laid down in Pakala Narayana Swami [Pakala Narayana Swami
v. King Emperor , 1939 SCC OnLine ... Division Bench was of the view that
the Privy Council, in Pakala Narayana Swamy v. King Emperor reported in
AIR 1939 PC 47, has held
Bench of
three learned Judges, after approving Pakala Narayana
Swami [Pakala Narayana Swami v. King Emperor, 1939 SCC
OnLine ... Bench of
three learned Judges, after approving Pakala Narayana
Swami [Pakala Narayana Swami v. King Emperor, 1939 SCC
OnLine
this stage the judgment of the Privy Council, in Pakala
Narayana Swami v. The King - Emperor ((1938-39) 43 CWN 473 at
Page 480) relied ... pleased to
observe as follows:
"36. The Privy Council, in Pakala Narayana Swami case [ Pakala
Narayana Swami v. Emperor
this stage the judgment of the Privy Council, in Pakala
Narayana Swami v. The King - Emperor ((1938-39) 43 CWN 473 at
Page 480) relied ... pleased to
observe as follows:
"36. The Privy Council, in Pakala Narayana Swami case [ Pakala
Narayana Swami v. Emperor
Ratan Gond v. The
State of Bihar [1959] SCR 1336; Pakala Narayana Swami v.
Emperor AIR 1939 PC 47; Shiv Kumar ... which has been
endorsed by this Court, is the case of Pakala Narayana Swami
v. Emperor where Lord Atkin has laid down the following
tests
circumstances of the transaction"
were considered and explained in Pakala Narayana Swami v.
Emperor [AIR 1939 PC 47]:
"The circumstances must be circumstances ... Ratan Gond v.
State of Bihar [1959 SCR 1336], Pakala Narayana Swami
(supra), Shiv Kumar v. State of Uttar Pradesh [Criminal
Appeal