Court : Gujarat
Reported in : AIR1970Guj218; 1970CriLJ1359; (1970)0GLR868
..... the trial was over, the accused in that case, namely, chaturbhuj b. acharya was acquitted. the judgment thereof is produced in the case. it is dated 20-10-1966.3. thereafter mr. medh filed a complaint against this accused in the court of the city magistrate, 5th court, ahmedabad, for the same offence under section 182 of the ..... the material allegation about mr. desai having received illegal gratification of rs. 200/- from the complainant for a particular purpose, the allegation did amount to his having acted unlawfully in carrying out the search of his premises by colluding with the accused. that would certainly give reason to suspect that there has been a commission of an ..... , and the proviso thereto says that such a statement may be used by the accused with the permission of the court under section 145 of the indian evidence act. it makes abundantly clear that such a statement if reduced to writing or any part thereof recorded by a police officer in the course of an investigation under .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC783; (1970)3SCC400; [1969]3SCR254
..... [1892] a.c. 491 the judicial committee, affirming the decision of the supreme court of newfoundland, observed that the plea of act of state raised in an action for trespass against the captain of a british fishery vessel who was authorised by the commissioners of the admiralty to superintend the execution of an agreement ..... such a task as forming part of their duties.... whatever other government functions were required with respect to these outlying grazing grounds, on which herds of cattle were from time to time shepherded, were apparently undertaken by sind. thus, the births, deaths and epidemics occurring there were recorded by the taluka office ..... was no question of demarcation of a disputed boundary : it was a case of pure cession of indian territory. ram kishore sen and ors. case : [1966]1scr430 : [1966]1scr430 which dealt, among others, with the cession of 500 acres of chiiahati village related to transfer of territory which though temporarily under indian administration had never .....
Tag this Judgment!Court : Allahabad
Reported in : 1970CriLJ378
..... the learned magistrate was correct as he was a co-owner of the land in dispute and as such could institute proceedings against a trespasser. the instant case is. not a case of ejectment of trespassers but it was an application made for proceedings to be initiated under section 145, criminal procedure code. all the four persons, who had originally ..... ki araji majkoor mahddoda zail kurk kar li jaye aur kabja sayalan araji majkoor per wa darakhtan neem majkoorwala per wahal rakha jave.35. by his order, dated 31st december 1966, the learned sub-divisional magistrate, phulpur, had forbidden all the four persons, namely, mahboob ilahi, abdul aziz, mohammad ali and sami ullah, the applicants of the ..... final decision of the court intimated to the parties and to the world at large by formal 'pronouncement' or 'delivery' in open court. it is a judicial act which must be performed in a judicial way. the decision which is so pronounced or intimated must be a declaration of the mind of the court as it is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1970CriLJ1029
..... recourse to the public authorities, has been overlooked. even in this court the learned advocate referred us to section 97, penal code, and argued that as the act of the prosecution party amounted to criminal trespass, the defence were protected by that section. the section, however, expressly states' that it is subject to section 99 which explicitly provides that there is no ..... p. w. 6 rs. 40. even it the deceased and p. w. 2 had been allowed to graze their bulls the whole of 1-2 1966. injury caused to the property would have been trivial. the trespass itself would have come to an end in the evening in the usual course. the accused could well have gone to the village munsiff, p ..... of the accused party is larger and the probability is they went there later. i, therefore, have no hesitation in holding that on 1-12-1966 p, w. 2 and the deceased were grazing the cattle in the pasture land and they were attacked by the accused resulting in the death of the deceased and when p. w. 2 and later p .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All51; 1970CriLJ132
..... particular prosecution case which the prosecution will have to prove in establishing the ingredients of an offence. here,the prosecution case will presumably include a charge for criminal trespass under section 441, i. p. c. which requires a very clearly specified intention. and, it is likely that there will be counter-cases in which ..... test, it was submitted, was inconsistent with the test of what was 'proved' propounded by the supreme court in several recent cases, : 1960crilj131 ; : 1966crilj63 ; : 1966crilj82 ; : [1966]3scr736 ,; air 1968 sc 702. the advocate general went so far as to contend that, if the majority view in parbhoo's case was correct, the weaker the case of ..... of the offence charged and that the burden never shifts on to the accused to disprove his guilt. : [1966]3scr736 is also a case of a presumption under section 4 of prevention of corruption act where the accused was obliged, after proof by the prosecution of facts sufficient to raise the presumption, to disprove .....
Tag this Judgment!Court : Chennai
Reported in : AIR1970Mad119
..... rritish south africa co. v. companhia de mocambique, 1893 ac 602 hl. there a suit was brought in england by the plaintiff to recover damages for a trespass said to have been committed by the defendant company to the plaintiffs mines situate in south africa. the reliefs of declaration of title and injunction which had been ..... was what took place before we reserved judgment. but after we reserved judgment sri t. srinivasan took our permission to file the papers in c. s. 120 of 1966 on the file of the high court in malaya. it was explained by sri sundaram lyer that that suit was filed by the plaintiff after the subordinate judge, ..... inspect the title. these provisions are reinforced by section 49 which says that no document required by sec, 17! or by any provision of the transfer of property act 1882, to be registered, shall affect any immoveable property comprised therein, etc. these provisions particularly the provisions about the place of registration, are totally inappropriate in the .....
Tag this Judgment!Court : Chennai
Reported in : (1969)1MLJ348
..... africa co. v. companhia de mocambique l.r. (1893) a.c. 602. there a suit was brought in england by the plainiff to recover damages for a trespass said to have been committed by the defendant-company to the plaintiff's mines situate in south africa. the reliefs of declaration of title and injunction which had been ..... of the partnership and to a share thereof after meeting the debts. that principle has been affirmed by their lordships of the supreme court in narayanappa v. krishnappa : [1966]3scr400 .36. in ramanathan chettiar v. narayanan chettiar : air1955mad629 , a partition suit was brought by the sons of a joint hindu family against their father. some of ..... two grounds : (1) the absence of the first defendant from india in malaya for certain periods which have to be excluded under section 13 of the limitation act, 1908 (the act applicable when the suit was laid); (ii) the plaintiff was a minor. the fifth defendant was. still a minor. the fourth defendant attained majority on 21st .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC439; (1969)71BOMLR681; 1969MhLJ513(SC); [1969]1SCR785
..... by his judgment dated july 30, 1960, held that the civil court had jurisdiction to hear the suit and the provisions of the act did not apply to the suit lands and therefore the defendants were trespassers. the learned judge accordingly granted a decree in favour of the plaintiff for recovery of possession of the lands from defendants 1 to 8 ..... on agriculture and therefore required the lands for that purpose. defendants 1, 2, 3 and 5 also made applications for that purpose alleging that they were rabari, kept cattle and were residents of ahmedabad but none of them had any agricultural land. on account of the fraud of the defendants the collector was prevailed upon to make an order ..... should be set aside and the decree of the 5th joint civil judge, senior division at ahmedabad dated july 30, 1960 should be restored. civil appeal no. 313 of 1966 is dismissed. the plaintiff will be entitled to the costs of this court (one set of hearing fees) but we do not propose to make any order with regard to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj41
..... : [1962]45itr414(sc) , amalgamated coalfields ltd. v. jana-pada sabha. chhindwara : air1964sc1013 , gulabchand chhotalal parikh v. state of gujarat. : [1965]2scr547 and sheodan singh v. daryao kunwar : [1966]3scr300 . we have gone through all these decisions and do not think it necessary to discuss the propositions of law laid down by their lordships of the supreme court in ..... proceedings in this court, there can be no doubt, therefore, that an application for a writ other than the writ of habeas corpus, challenging the validity of an act is a civil proceeding.' 9. we may then refer to state v, ugamsingh . in that case, while dealing with a matter arising out of the proceedings under section ..... as his heir and compensation on account of the resumption of his jagir was ordered to be paid to her. 2. we do not think it necessary to act out the facts stated in the writ application in detail, as. in our opinion, the writ application deserves to be disposed of on the preliminary objection raised by .....
Tag this Judgment!Court : Mumbai
Reported in : (1969)71BOMLR262; 1969MhLJ272
..... by the collector on receipt of the directions from the state government, the collector has to issue a public notice under section 9 of the land acquisition act. order-sheet dated july 28, 1966, on the record of the file of the land acquisition officer, shows that such a notice was ordered to be issued on that date under section 9 ..... of the land acquisition act. after noticing the parties, enquiry has to be made for determination of compensation and an award is required to be passed under section ..... supreme court in k.l. gupta v. municipal corporation (1907) 70 bom. l.r. 337 : [1968]1scr274 . in this case, certain provisions of the bombay town planning act, being bombay act no. 27 of 1955 were challenged as violative of the guarantee under articles 14,. 19 and 31 of the constitution. it appears from the observations in para, 6 of .....
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