Court : Rajasthan
Reported in : AIR1967Raj37
..... entire world but he cannot claim that right against the true owner of the properly. in this case, the plaintiff himself admits that he had committed an act of trespass in entering the forest without permission from the duly authorised officers of the forest department and that he had failed the trees unauthorisedly belonging to the state and ..... criminal court to remove the crops though grown by them.in the patna case, it has been held by mullick ag. c. j. that 'a mere trespasser cannot, by the very act of trespass, immediately & without acquiescence give himself possession against the person whom he ejects, and drive him to produce his title, if he can, without delay reinstate ..... in accordance with the provisions of sections 33 and 36 of the said act. there is no doubt that according to the scheme of the chapter vii of the mewar forest act, if any offence is committed in respect of the tools, vehicles, boats and cattle used in committing any such offence may be seized by any forest officer .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1863; 1967(0)BLJR97; 1966CriLJ1503; 1966Supp(1)SCC1503; [1966]SuppSCR373
..... with yercaud police on october 12, 1963 alleging that the respondent, m. s. p. rajesh and other persons had formed an unlawful assembly and committed offences of house trespass, mischief and causing hurt at 10 p.m. on october 11, 1963. the complaint was the subject-matter of investigation by the police who did not present a charge ..... during the trial and that material was simply unavailable to the court before or at the time of judgment, it is very difficult to see how the court could nave acted under s. 479-a, criminal procedure code at all. it cannot be supposed that the legislature contemplated that such a case of perjury, however, gross should go unpunished in such ..... . sections 478 and 479 deal with the procedure which may be followed in certain grave cases. section 479-a which was added by the code of criminal procedure (amendment) act 26 of 1955 by the first sub-section (in so far as it is material) provides as follows : '479-a. (1) notwithstanding anything contained in sections 476 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj1
..... beneficiary of the wakf, in order that they may see whether the wakf property is being properly administered .. .. .. .. . the'court' is nowhere in the act said to be acting in its judicial capacity.. .. ..21. in mahomed hussein v. collector of broach and panchmahals, air 1945 bom 167, the bombay high court had an occasion to consider ..... court within the local limits of whose jurisdiction the property of wakf was situated a statement containing necessary particulars relating to wakf. the 'court' defined by that act meant the 'court of district judge, or within the limits of original civil jurisdiction of a high court, such court subordinate to the high court as the ..... to wakfs.the next chapter iv then deals with registration of wakfs. section 25 requires that every wakf whether created before or after the commencement of the act should be registered at the office of the board. an application for registration must be made by the mutawalli and it should contain particulars mentioned in sub- .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj24
..... 39 which reads as follows:description of suitperiod of limitationtime from which period begins to run'39. for compensation for trespassupon immovable property.three yearsthe date of the trespass'.21. now, speaking for ourselves, we are not at all sure that a ease of this character wherein certain immovable property of the plaintiff was taken possession ..... to ourselves, we would have granted a certain amount of compensation to the plaintiff under the principle enshrined in sub-section (2) of section 22 of the act of 1909 instead of under the heads of physical and mental harassment or incidental expenditure incurred over correspondence as held by the court below, we do not ..... to do so, in our considered judgment, should be considered as a factor to his advantage rather than to his detriment.bearing the principles enshrined in the act as determinative of the amount of compensation permissible which we think should be held as applicable to the present case as a matter of justice, equity and good .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1; [1966]3SCR744
..... ,(i) of art. 19. 1 would put this view on two grounds. i would first say that the law providing for trials being held in camera, even if it trespasses on the liberty of movement, would be protected under cl. (5) of art. 19 which permits laws to be made imposing reasonable restrictions on that right in the interests of ..... decision was held to be a nullity or could be otherwise got rid of,. the petitioner could not complain of any, (1) [1963] 1 s.c.r. 778. (2) [1966] 1 s.c.r. 64. (3) [1962] 1 s.c.r. 505. infringement of a fundamental right. the main questions were .whether the petitioner's husband was an evacuee ..... open court. public trial in open court is undoubtedly essential for the healthy, objective and fair administration of justice. trial held subject to the public scrutiny and gaze naturally acts as a check against judicial caprice or vagaries, and serves as a powerful instrument for creating confidence of the public in the fairness, objectivity, and impartiality of the administration .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1607; (1967)ILLJ438SC; [1966]3SCR486
..... l.j. ev. 215, it was contended, with respect an action tried after the passing of the county courts act, 1856, that the trespass committed by the defendant under colour of the process of the court was not 'an act done under' the repealed section, but, said the court, 'there can be no doubt that it was the intention ..... of the legislature that the words in this proviso as to acts done under the repealed statutes should be ..... decisions culminating in the judgment of this court in lachhman das v. state of punjab : [1963]2scr353 , that after the enactment of the states reorganisation act, 1956, different acts in different parts of the same state could be sustained on the ground that the differentiation arise from geographical classification based on historical reasons. the contention raised .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1119; (1967)69BOMLR1; 1967MHLJ289(SC); [1966]3SCR242
..... in 1948 and it was the result of the appellants' apprehension that the proclaimed and publicised entry of the non-satsangi harijans would constitute a violent trespass on the religious tenets and beliefs of the swaminarayan sect. the appellants must no doubt, have realised that if non-satsangi hindus including harijans enter the ..... 6 bars any civil court to entertain any complaint in respect of the matters decided by the court of exclusive jurisdiction purporting to act under the provisions of this act. this act can be regarded as the first step taken by the bombay legislature to remove the disability of untouchability from which harijans had been suffering ..... rights guaranteed therein. it was contended by them that the swaminarayan sect was an institution distinct and different from hindu religion, and, therefore, the former act as amended could not apply to or affect the temples of the said sect. on this additional ground, the appellants supported the original claim for declarations .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj221; 1966CriLJ994; (1966)0GLR357
..... such thing. the law on the point which we discuss hereafter would not be of any help to him in the circumstances of the case. now the words 'trespassing and doing damage' occurring in section 10 of the cattle trespass act, were interpreted in the case of bhagwant rao v. champat rao air 1926 nag 50, as giving a right to seize the ..... there in his field when the appellant went there, it was said that he had a right to seize those cattle and take them to the cattle-pound under section 10 of the cattle trespass act and it was when the deceased karamshi chose to obstruct or not allow him to take them away that the quarrel had taken place. now the fact ..... defence5. with regard to the first part of the version, sections 10 and 24 of the cattle trespass act were referred to by mr. shukla section 10 of the act provides that'the cultivator or occupier of any land, may seize or cause to be seized any cattle trespassing on such land and doing damage thereto or to any crop or produce thereon, and send .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1967Bom283; (1966)68BOMLR828; 1967MhLJ70
..... notice is as follows:'it is hereby notified for the information all the people that in accordance with section 124 (i) and (iii) of bombay village panchayats act, 1958 (bombay act. no. iii of 1959) and the maharashtra village panchayat taxes and fees rules, 1960, and after taking into consideration the objections and protests lodged by the ..... the decision of the court was that there was no constitutional limitation on the retrospective legislations. therefore, sub-section (2) of section 7 of the finance act 0f 1951, under which the union government was empowered to collect duties which had not been collected but would have been collected even after the good have been ..... , dismissed their appeal by resolution dated 4th september 1963 on the ground that it was not filed within limitation as per provisions of the bombay village panchayats act, and rule 5 of the maharashtra village panchayats taxes and fees rules, 1960. the petitioner has not filed a copy of this resolution, but this result .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1107; [1965]2SCR477
..... under s. 548 (2) is a fee "in respect of the matters in the list" viz., entry 5, entry 6- public health and sanitation, 16-prevention of cattle trespass, 24-industries, 28-markets and fairs, 33sports, entertainments and amusements. in this view as admittedly there is no correlation between the fee charged and the service rendered in the ..... explained earlier as used in entry 66 of list 11 or is it a tax. for this purpose it is necessary to examine the scheme of the act. the act contains 615 sections and these are divided into 3 8 chapters each with a heading indicating the subject dealt with in it. these several chapters are themselves ..... inspection, supervision and control of cinema houses in calcutta at present numbering 75 in accordance with the provisions in the relative bye-law framed under the calcutta municipal act having regard to the public health, safety and convenience...... i say that in order to effectively discharge the statutory duties imposed on the corporation in regard to the .....
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