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Rajasthan Court May 1964 Judgments

May 26 1964

Johrilal Vs. Ramjilal and ors.

Court: Rajasthan

Decided on: May-26-1964

Reported in: AIR1965Raj19; 1965CriLJ215

I.N. Modi, J.1. This is a complainant's appeal by special leave under Section 417(3) of the Cadet of Criminal Procedure against an order of the Additional Munsiff Magistrate, Hindaun, dated 26th November, 1962, dismissing the complainant's case on account of his default in appearance and acquitting the accused under Section 247, Cri. P. C.2. The material facts are these. The appellant Johrilal made a complaint against respondents Ramjilal and four others under Sections 323 and 352 of the Indian Penal Code on the 6th February, 1962. This case was registered on the 12th May, 1962. All the accused were served by the 3rd August, 1962. The statements of the accused were recorded on the 13th September, 1962, and the case was fixed for the complainant's evidence for the 19th October, 1962. On that date, four of his witnesses were examined; and two. more, namely Dr. T.N. Bhargava, the Medical Officer, incharge of the dispensary at Hindaun, and the Station House Officer, Hindaun, Shri Harprasad...

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May 14 1964

Mst. Dhoopo Vs. State and anr.

Court: Rajasthan

Decided on: May-14-1964

Reported in: 1966CriLJ1329

ORDERV.P. Tyagi, J.1. This is a reference made by the Sessions Judge, Bharatpur, and it arises out of the following circumstances.2. Petitioner Mst. Dhoopo raised certain constructions within the municipal limits of Deeg without the permission of the Municipal Board and, therefore, a notice was issued to her by the Municipal Board, Dees, to refrain from making the construction. When she did not pay any attention to that notice and continued the construction undertaken by her, the Municipal Board, lodged a complaint against the petitioner in the Court of the Sub-Divisional Magistrate, Deeg under Sections 170 (11), 203 and 251 of the Rajasthan Municipalities Act, 1959. The learned Magistrate after recording the evidence of the parties found the petitioner guilty of committing offence of raising construction on a public street without the permission of the Municipal Board and, therefore, she was convicted under Sections 170, 203 and 251 of the Rajasthan Municipalities Act, 1959, and she w...

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May 01 1964

Sridhar Singh Vs. the State

Court: Rajasthan

Decided on: May-01-1964

Reported in: AIR1965Raj20; 1965CriLJ216

ORDERD.M. Bhandari, J. 1. This is a reference by the Sessions Judge, Ajmer recommending that the order dated 4th of December 1963 of the City Magistrate, Ajmer refusing to take on record un-stamped affidavits filed by one of the parties in the proceedings under Section 145, Cri. P. C. be set aside. The City Magistrate took the view that such affidavits required to be stamped under the Rajasthan Stamp Law (Adaptation) Act, 1952. Under the Rajasthan Stamp Law (Adaptation) Act, 1952, an affidavit when made 'for the immediate purpose of being filed or used in any Court or before the officer of any Court' is exempt from the payment of any stamp duty. 'Immediate purpose' means 'direct purpose', and if the direct purpose of making an affidavit is that it is to be filed in any Court or before the officer of any Court, such an affidavit is exempt from the payment of stamp duty. In this case, there is no doubt that the affidavits were made for the purpose of filing in a Court of law under procee...

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