Court : Rajasthan
Reported in : 1962CriLJ192
..... :when any public servant who is not removable from his office, save by or with the sanction of a state government or the central government, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction-(a) in the case of a person employed in connection with the affairs of the union of the central ..... criminal procedure they who were public servants as members of the panchayat, could not be prosecuted, the trying magistrate overruled this objection and held that there was no reasonable connection between the act complained of and the discharge of official duty by the petitioners and, therefore, the petitioners were not entitled to any protection under, section 197 of the code. ..... removable, save with the sanction of the state government, the question still to be answered is whether on the facts and circumstances of the case the offences alleged were committed by them while acting or purporting to act in the discharge of their official duties.a great many authorities have been cited before me on the point. ..... it is obvious that no question of sanction can arise under section 197 of the code, unless the act complained of is an offence, but the main point which has to be determined is whether the alleged offence was committed in the ..... section 197 of tile code has a meaning and content and should be given effect to in an appropriate case. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj268
..... learned government advocate has argued that this is noi the proper interpretation of sub-section (6) and that in appropriate cases, proceedings under sections 476 to 479 can be taken even in cases falling under section 479a cr. ..... court took notice of the rajasthan high court rules contained in chapters 21 and 22 and came to the conclusion that the provisions of the rules pointed out that this court would be acting as a civil court while dealing with cases of writ petitions under article 226 of the constitution, other than the writs in the nature of habeas corpus. ..... of the parties and the court has jurisdiction to decide those rights, it would be in consonance with the general principles of interpretation to hold that the court exercising jurisdiction in such a matter is acting as a civil court.the same considerations apply for deciding whether a court is a criminal court or a revenue court. ..... nevertheless this court while exercising its jurisdiction under article 226 of the constitution must be taken to be acting as a civil or criminal court according to the nature of the case, which is before it for decision.the expression 'civil court' is not defined anywhere and if the proceedings before a duly constituted ..... we are of the opinion that on this broad principle this court must be taken to be acting as a civil court while deciding the writ petition filed by madansingh, as in that writ petition he had asserted that he was wrongly dismissed by the authorities concerned and this court was .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj118; [1961]31CompCas77(Raj)
..... shown that he is liable or accountable for any money or property of the bank or has been guilty of misfeasance or breach of trust in relation to its assets, the court may pass an appropriate order directing repayment or restoration of the money or property.let us, therefore, now turn to the recitals in the petitions under section 235 to see what the allegations are. ..... can direct notwithstanding the fact that the offence is one for which the offender may be criminally liable.section 45-h of the banking companies act further lays down that where an application is made to the high court under section 235 of the indian companies act, 1913, against any such person and the applicant makes out a prima facie case against the person concerned, the high court shall ..... sums together with interest to the bank.as against the other three directors the case put forward was that they rendered themselves liable under section 235 of the companies act, 1913 because in their capacity of directors they either abetted or connived at the conduct of shri vastulal in mis-using the above sums belonging to the bank. ..... that the entries in the account books were not admissible under section 34 of the evidence act and that they have not been duly proved by the person who made the entries. ..... public examination of shri vastulal at the instance of the liquidator, as contemplated by section 45-g of the banking companies act 10 of 1949, but the explanation offered by the said respondent was not considered satisfactory. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj43
..... purposes of this appeal is, as follow: "if immediately before the appointed day, there is in force in any part b state any law corresponding to any of the acts or ordinances now extended to that state, that law shall, save as otherwise expressly provided in the act, stand repealed : provided that the repeal shall not affect-- (a) the previous operation of any law so repealed of anything duly done or suffered thereunder, or (b) any ..... such suit by the aforesaid law, whichever period expires first, and (b) any suit, application or proceeding for which a period of limitation is prescribed by the said act but for which no period is prescribed by any such law as is referred to in clause (a) may be instituted, made or initiated within the period prescribed by the said ..... decree could be enforced within 12 years of the passing of that decree under article 183 of the indian limitation act which had come into force when the application for the enforcement of the decree was made on the 13th of ..... --notwithstanding the fact that this ordinance makes no provision or makes insufficient provision in any respect for the adaptation of the indian act to rajasthan, any court, tribunal or authority, when required to administer the provisions thereof in rajasthan, may construe the same mutatis mutandis subject to such further adaptations ..... thereafter by appropriate charters high ..... to insert certain provisions which grant some time to a litigant to enforce his existing right by appropriate proceedings. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj81; 1963CriLJ481
..... police station malsisar and a complaint was filed in the court of the first class magistrate, jhun-jhunu, by the said officer against sita ram and bhagwan singh under section 42(1) read with 123 of the act, section 125 read with 94, section 112 and rule 156 of the rajasthan motor vehicles rules (hereinafter called the rules).the learned magistrate held that the aforesaid truck was stopped and inspected ..... in an appropriate case such an inference may be drawn by virtue of section 114 of the evidence act and the court may presume that the vehicle was being used on the road by the express or implied permission of the owner regard being had to the fact that in the ordinary circumstances the vehicle ..... he also set aside the conviction of sita ram and bhagwan singh under section 125 read with section 94 of the act on the ground that phul singn had no authority to demand the production of insurance certificate from bhagwan singh. ..... he convicted sita ram the owner of the truck under section 123 read with section 42 (1) of the act and in view of the fact that the said sita ram had been fined previously under that section he imposed a fine of ..... the pronouncement of their lordships in air 1959 sc 79, the owner of the vehicle is also liable under section 123 of the act provided it is proved that he had caused or allowed the vehicle to be used without the permit. ..... again in an appropriate case the court may accept such an explanation of the accused without any proof on behalf of the accused for the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj172
..... other defect in the argument is that even if the resolution of the academic council dated august 19, 1961, is taken to be a proposal for amending the ordinance, it was still necessary, under section 22-a of the act, before that proposal could have the effect of amending the ordinance, that the syndicate should have approved it after the resolution of the academic council had been passed on august 19, 1961. ..... 6 raj 429: ( (s) air 1956 raj 158) does not support the contention that a mandamus cannot be issued to a university, under appropriate circumstances, for the admission of a student to its courses of study.in himendra chandra das's case, air 1954 assam 65 to which one of us was a party, the case law on the subject was reviewed and it was held that ..... agarwal has tried to get out of this difficulty by raising an ingenious argument that since the syndicate had the power under the act 'regarding equivalence of examinations and recognition of the examinations of other bodies,'its resolution dated february 13, 1960, was in fact a decision to withdraw the recognition of ..... the university further claims that the syndicate has the power under section 22 of the university of rajputana act, 1946 (hereafter referred to as the act) to maintain proper standards of teaching and examination in consultation with tile academic council and if private students have been debarred from seeking admission to ..... 252 and that the more appropriate course was to incorporate it in chapter xxxviii of the 'laws .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj181
..... law is section 47, which empowers a railway company or in the case of a railway administered by the government, an officer to be appointed by the central government to make rules consistent with the act for the following-purposes, namely:'(f) for regulating the terms and conditions on which the railway administration will warehouse or retain goods at any station on behalf of the consignee or owner;'sub-section (3) of ..... involved in this appeal relating to the nature and extent of the liability of the railway administration under section 72 read with sections 47 and 54 of the railways act and the conflicting state of case-law thereon and other circumstances referred the case to a division bench and consequently the case has come before us.2. ..... charges are recovered from the consignor at the time when delivery of goods were taken, the railway is liable under section 152, contract act as baliee on a contract of bailment for warehousing the goods and is, therefore, liable for the loss caused by the goods having ..... of the trial court, namely, (1) that the station master got the goods unloaded through the railway porters; (2) that the defendant-railway acted negligently and did not take adequate precaution for the protection of the plaintiffs' gur; and (3) that the extent of damage had been proved.)8. ..... view taken in satyanarayana's case, air 1959 andh pra 17, as in our opinion, the railway's liability cannot be over until delivery of appropriate action under section 56 of the railways act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj218
..... be fixed for that class of employment throughout the state.the only exceptions to this general rule are provided under section 26 which, broadly speaking lays down (1) that it would be open to the appropriate government to direct that the provisions of this act would not apply in the case of wages payable to disabled employees; (2) that the government may, for special reasons restrict the application of the minimum wages fixed by it to any locality or to any class ..... , desire to emphasize is that, according to the scheme of section 3 in the case of fixation of minimum wages for employments specified in part ii of the schedule at the commencement of the act or in the case of employments which are subsequently added thereto under section 27 of the act, provision has been made that the appropriate government may fix such wages with respect to them for the whole state or for only a part thereof or for a limited class of any such employment ..... hereinafter provided - (a) fix the minimum rates of wages payable to employees employed - (i) in an employment specified in part i of the schedule at the commencement of this act, before the 31st day of december, 1959; (ii) in an employment specified in part ii of the schedule at the commencement of this act, before the 31st day of december, 1959: provided that the appropriate government may, instead of fixing minimum rate of wages under this sub-clause for the whole state, fix such rates for .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj265
..... were stated in the present case by the inquiry officer at the appropriate time, but he chose to record them in his final report. ..... ' there is, therefore, no question that, in an appropriate case, a power has been vested in the inquiry officer to refuse to summon any witness where such witness may not be material to the defence or where the object is merely to protract the proceedings or to harass ..... our attention has been invited in this connection to appendix b to sanjiwa row's indian railways act volume 2 (third edition) at page 1094 and the following pages: the heading is 'procedure' for conducting enquiries under the ..... it was earnestly submitted before us that the inquiry officer had acted bona fide and, therefore, we should not interfere with his discretion ..... nay, we are disposed to hold that the inquiry officer acted with undue zeal in refusing to summon just a few departmental witnesses whom the petitioner wished to produce ..... the enquiry officer may have acted bona fide but that does not mean that the discretionary orders passed by him are ..... (here into ' ') is ours).we may as well quote here rule 11 of the rules headed as 'procedure for conducting enquiries under the disciplinary action rules' contained in appendix b of sanjiwa row's indian railways act to which we have made reference above. ..... panel of three names should be given in order of priority after ascertaining from the persons indicated that any one of them if called upon would be prepared to act as your counsel.' 4. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj14; 1963CriLJ218
..... offence are quite different from those of the other.the ingredients of an offence under section 477a, indian penal code are that,--(i) the person coming within its purview must be a clerk, officer or servant, or be employed or act in the capacity of a clerk, officer or servant, (ii) he must wilfully and with intent to defraud (a) destroy, alter, mutilate or falsify any book, paper, writing, valuable security or account which belongs to or is in possession of his employer, or has been received ..... (ii) the person entrusted dishonestly mis-appropriating or converting to his own use that property, or dishonestly using or disposing of that property or wilfully suffering any other person so to do in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, ..... section 235(1), criminal procedure code reads as follows:'if, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for every such offence. ..... (4) a person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if the court by which he was first tried was not competent to try the offence with which he is subsequently charged. .....
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