Court : Rajasthan
Reported in : 2001CriLJ800; 2001(2)WLC632; 2000(3)WLN39
..... were not entitled to the protection conferred by section 161(1) of the bombay police act.(86). in bhanuprasad hariparsad dave & anr. vs. state of gujarat & ors. (114), the apex court considered the provisions of section 161 of the bombay police act, 1951 and repelled the similar contention holding that accepting illegal gratification could not be brought ..... of section 161(1) of the bombay police act, 1951 can be attracted.(87). in view of the above, 1 am of the considered opinion that neither the provisions of section 42 of the police act, 1861, nor section 161(1) that of the bombay police act, comes to the rescue of the police officers and the contention is hereby turned ..... and the said provisions provide for the limitation of three months from the dale of misconduct/offence, and for other remaining police officials, of section 161 of bombay police act, 1951, (applicable in gujarat also), which provides for the limitation of six months and for taking cognizance and for prosecution, two .....
Tag this Judgment!Court : Rajasthan
Reported in : 1990(2)WLN80
..... to the extent of 0.069 per cent w/v ethyl alcohol. this concentration was in excess of the concentration mentioned in section 65(2) of the bombay prohibition act it was observed that the prosecution has established that the specimen examined by the chemical examiner by the specimen blood of the appellant and that the specimen disclosed ..... the establishment of the chemical examiner did not bear the official designation of that person the report of the chemical examiner mentioned that a sealed phial was received with police officer, but there was no evidence that the seal was the one which was affixed by dr. rote on the phial. the sessions judge had pointed out ..... learn that a specimen of blood of the appellant had been taken by the hospital authorities, early in the morning of april 3, 1961. on demand by the police officer, the medical officer delivered the phial containing the blood specimen together with a certificate from dr. rote that a blood specimen of the appellant was collected by .....
Tag this Judgment!Court : Rajasthan
Reported in : 1999(1)ALD(Cri)281; 1998CriLJ3465
..... for the plaintiff to prove in order to support his right to the judgment of the court air 1949 pc 78 (86), w.w. joshi v. state of bombay air 1959 bombay 363, 61 bom lr 829.in mulla's cpc (fifteenth edition), it has been described in following terms:cause of action, 'a cause of action'' means every ..... shri arvind k. babel could be detained at jodhpur but he was immediately lodged in yerawada central prison, pune, in compliance with the detention order by the mumbai police. therefore, the mere factithat shri babel was served with the detention order at jodhpur does not give the petitioner any right to invoke the jurisdiction of this hon'ble ..... which give rise to one or more relations of right-duty between two or more persons. failure to perform legal obligation t6 do, or refrain from performance of, some act. matter for which action may be maintained. unlawful violation or invasion of right. the right which a party has to institute a judicial proceeding.in biswas encyclopaedic law dictionary .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(1)Raj192
..... the authority of the law can no longer be regarded as being reasonable. its continuance becomes arbitrary.34. in this cited case, the existing provisions of the bombay rent act were held to be unreasonable and arbitrary but they were not struck down because these provisions came to an end on 31.3.1998 and the new model law ..... obstante clause as specifically repealing only the particular provisions which the learned judges below have been at pains to pick out from the bar councils act and the original side rules of the calcutta and bombay high courts. if, as we have pointed out, the enacting part of section 2 covers all advocates of the supreme court, the non ..... v. state of maharashtra reported in : air1998sc602 , the hon'ble supreme court while examining the validity of the bombay rent control act, 1947, observed as under:26. it is true that whenever a special provision, like the rent control act, is made for a section of the society, it may be at the cost of another section, but the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1999(3)WLC723; 1999(1)WLN478
..... been taken by the hon'ble supreme court in forest range officer v. p. mohd. ali (1993) suppl. 3 scc 627. in municipal corporation of greater bombay v. indian oil corporation : air1991sc686 , the court has observed as under:the language of a statutory provision is not static vehicle of ideas and concepts and as ideas ..... v. maharastra general kamgar union and ors. : (1999)illj352sc . in vaijnath and ors. v. guramma and anr. : air1999sc555 , the hon'ble supreme court held that remedial act should be given beneficial interpretation.24. however, in employees state insurance corporation v. m.m. suri and associates pvt. ltd. : (1999)illj13sc , the hon'ble supreme court held ..... and until it is established that they violate any specific provision of the constitution and the court is under solemn duty to scrutinize the provisions of the act, rules or the regulations within the set para-meters if the validity of the statutory provisions is challenged. same view has been taken in parayankandiyal eravath .....
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Reported in : 1987(2)WLN671
..... 4. the trial court, after trial, found the accused-appellant guilty under section 18(1 )(vi) & 18(c) r/w section 27 of the drugs and cosmetics act, 1940 and sentenced as mentioned above. hence this appeal.5. shri biri singh, the learned counsel for the appellant, has argued that the medicines recovered from the shop ..... sarkaria, jj. in sampatraj v. state of maharashtra 1974 cr. l.j. 478) observed that the drugs and cosmetics act. is life saving statute. in that case, the appellants were having wholesale dealership licence of drugs at bombay and further licence to distribute the drugs through the motor van throughout the territory of the state of maharashtra. the debate ..... was whether temporary deposit of the goods in the godown of a local drugs dealer amounts to stocking for sale as contemplated by clause (c) of section 18 of the drugs and cosmetics act. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994CriLJ512
..... circumstances prevailing or likely to prevail in the greater bombay police commissioner ate, it is necessary that during the period commencing on january 30, 1990 and ending on april 29, 1990, the commissioner of police should exercise the powers conferred by sub-section (2) of section 3 of the said act and then the order was (para 3)--now, therefore ..... of the powers conferred by sub-section (3) of the section 3 of the said act, the government of maharashtra hereby directs that for the period commencing on the 30th january, 1990 and ending on 29th april, 1990 the commissioner of police, greater bombay may also if satisfied as provided in sub-section (2) of section 3 of the ..... said act exercise the powers conferred on the state government by sub-section (2) of section 3 of the said act.even then the apex court said that the order was invalid .....
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Reported in : 1995(3)WLC321; 1995(1)WLN451
..... to the petitioner, but no recovery has been made from the petitioner. it is alleged that while the petitioner was in the police custody, his statement under section 15 of the tada act was recorded by the superintendent of police, bikaner and the petitioner was pressurised to admit the fact that shiv narayan sold arms and ammunitions to him. it is ..... has relied on state of maharashtra v. abdul horrid haji mohd. (cr.lr 1994 (scj-2), sonjay dutt v. the state through c.b.i., bombay (crlr (sc) 1994-679) and state of maharashtra v. abdul hamid haji mohd. (1995 crlj - 415).26. i have given my earnest and thoughtful consideration to the rival ..... oposition to understand and examine the reasonings of the high court.29. in sanjay dutt v. the state through c.b.i. bombay their lordships has observed as under:the construction made of any provision of this act must, therefore, promote the object of its enactment to enable the machinery to deal effectively with persons involved in, and associated with, .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001CriLJ2159
..... whole or not rely on it at all. it was a case of a quasi criminal offence under section 35 of the bombay public trusts act and where the accused in his statement pleaded that he was not guilty and the apex court held that if his statement ..... 17 karni nagar khirni fatak jaipur and from the ramp at the door gate the blood stains were seen so got seized by the police, both of the appellants stated that place of residence was right and rest was not known.40. thus, in our considered view, ..... witness. further in that case, the dead body as well as the packet containing the clothes of the deceased were recovered by the police much before the arrest of the accused. therefore, this court held that from the evidence of prosecution witnesses it cannot be said ..... recorder which was kept in inner room and its mike was kept concealed in outer room and the accused was not aware of police officer or that his conversation was being tape-recorded. such a conversation was held not hit by section 162 crpc (old) and .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009CriLJ2376; RLW2010(1)Raj449
..... of other co-accused as well. the relevant portion of para 12 of the judgment reads as under:12. ...the decision reported in maharaj prithvisinghji bhimsinghji v. state of bombay : air1960sc483 , as to possession and knowledge of existence, has no relevance or application to the facts of the case, since in the present case it has been ..... . state of uttar pradesh decided on 9-4-2003, reported in : 2003crilj2302 and it was observed as under:in sanjay dutt v. state through c.b.i. bombay : 1995crilj477 it has been held by a constitution bench that with a view to hold an accused guilty of an offence under section 5 of tada, the prosecution is ..... and p.w. 17 ashok kumar. he also referred - exhibit p-27 (extract copy of entries from maalkhana register at police station gandhi nagar, jaipur) exhibit p. 141 (memo of information given under section 27 of the evidence act by accused raies beg about the shop 'rajkumar readymade store'; subhash bazaar, agra), exhibit p-142 (memo of information given, .....
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