Gujarat Court July 1960 Judgments
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Ramsing Badharsing Vs. State
Court: Gujarat
Decided on: Jul-07-1960
Reported in: AIR1960Guj7
Raju, J.(1) This is a case in which the police resorted to the technique of anthrecene powder and ultra-violet rays. According to the prosecution, anthrecene powder was applied to the currency notes and was found on the hands of the appellant. This circumstance is sought to be used to prove that the appellant had received the notes. When the prosecution wants to prove the presence of anthrecene powder on the hands of the appellant, it is the duty of the prosecution to prove by means of expert evidence or books on science the nature of anthrecene powder, the manner in which its presence can be detected and the tests to be applied for the purpose. The tests must be such that if after they are applied and the tests to be applied for the purpose. The and the results are positive, the positive results lead to one and only one conclusion, namely the finding of anthrecene powder. It is for the prosecution to prove that positive results are a conclusive proof of the find of anthrecene powder. ...
ismail Noormohmad Vs. Khoja Habibhai Zaverbhai and anr.
Court: Gujarat
Decided on: Jul-05-1960
Reported in: (1960)1GLR127
V.B. Raju, J.1. These revision applications are in respect of an acquittal of one Khoja Habibhai Zaverbhai who was charged under Section 480 Indian Penal Code. The learned Judicial Magistrate First Class Radhanpur acquitted him in Criminal Case No. 49 of 1959 and the Revision application was filed before the Bombay High Court which was No. 2013 of 1959. In that application it was ordered by the High Court of Bombay that a revision application should be filed before the Sessions Judge and the matter was sent back. A revision application had accordingly been filed before the Sessions Judge who has however dismissed it. The complainant has therefore made another application before the Gujarat High Court which is No. 254 of 1960.2. In both these petitions the prayer is that the acquittal of opponent No. 1 under Section 408 Indian Penal Code should be set aside and he should be convicted. Session Judge agreed with the finding of the trying Magistrate that the accused was a partner of the co...
Vashram Kala Vs. P.M. Shah and ors.
Court: Gujarat
Decided on: Jul-01-1960
Reported in: (1960)1GLR23
S.T. Desai, C.J.1. This petition raises a question of some importance and nicety And the question relates to the connotation of the expression agricultural purposes. The petitioner is the owner of land bearing survey No. 97 admeasuring 6 acres and 33 gunthas situated at Jamanvada in Amreli District. On 29-3-57 the petitioner filed a tenancy suit against respondent No. 4 in the Court of the Tenancy Mahalkari of Kodinar under Section 70 of the Bombay Tenancy & Agricultural Lands Act praying for declaration that the fourth respondent was not the tenant of the petitioner in respect of survey No. 97. According to the petitioner the fourth respondent had unauthorisedly and illegally managed to get his own name entered in the record of rights as a tenant of the land it was common ground before the Courts below that the land was used by respondent No. 4 for grazing his cattle. An attempt has been made before us by Mr. Shah who appears for the petitioner to show that such was not the position. ...
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