Court : Rajasthan
Reported in : AIR1961Raj174
..... and a case instituted otherwise than on a police report. it was by the said amendment act (no. 26 of 1955) that section 207a was introduced for the first time and a separate procedure was laid down for inquiry (into cases triable by the court of session) by a ..... concerned with that part in the present case.7. now, before the amendment of the code of criminal procedure by act no. 26 of 1955, the only section under which a commitment could be made by a magistrate was section 213 cr. p. c. there was no distinction between a commitment made in a case instituted on a police report ..... examine all the important witnesses.5. before coming to the question whether thesub divisional magistrate has committed any illegality under section 207a cr. p. c., it seems necessaryto consider the question whether the amendmentmade in the criminal procedure code by act no. 26 of 1955 has caused any effect on the powers of this court for quashing the order of .....
Tag this Judgment!Court : Rajasthan
Reported in : [1997]230ITD611(Jodh); [1997]225ITR611(Raj); 1996WLC(Raj)UC121
..... while switching over from the earlier four year limit to the new two year limit. 8.6. consequential amendment in explanation 1 to section 153.--the amending act, 1987, has amended explanation 1 to section 153 by omitting clause (iv) of the said explanation, which provided an extended time limit in a case referred to the inspecting ..... the assessment year, the sanction of the board was necessary. 7.10. for the same reasons as discussed in paragraph 7.7 ante, the amending act, 1987, has substituted a new section 151, which contains substantially changed provisions. the issuing or sanctioning authorities will now depend upon whether the case is a scrutiny case (i.e., ..... while only a very small percentage will be scrutiny cases (i.e., where an assessment order will be passed under section 143(3) or 147), the amending act, 1987, has substituted a new sub-section (1) in section 149, which contains an entirely different basis for the time limits. the time limits now depend upon whether the case .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj15
..... no jurisdiction to examine the patwari as a court-witness and the order passed, is, therefore without jurisdiction. reliance is placed upon the proviso to sub-section (4) of section 145 of the criminal procedure code. the proviso says that the magistrate may if he so thinks fit, summon and examine any person whose affidavit has been put ..... of the case. in view of these provisions, it is obvious that the contention is unrounded. it would be indeed surprising if the proviso to sub-section (4) of section 145 of the criminal procedure code was capable of bearing the interpretation which is sought to be placed upon it by the learned counsel. in that case it ..... no finding that any apprehension of a breach of the peace persisted.indeed it was the petitioner who had filed theapplication for initiation of the proceeding under section 145 of the criminal procedure code in whichhe himself alleged that there was apprehension ofa breach of the peace and on the basis of thatthe magistrate had taken action .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj83
..... title on the transferee. indeed, any other reading of it would make a serious inroad on the whole scheme of the transfer of property act.'it therefore appears that section 53a cannot be said to confer a right of action on a transferee in possession under an unregistered contract of sale so that it is ..... implication to the contrary, the alleged prerogative would not be available and the ruler would be bound by the ordinary law. a perusal of the jaipur registration act, 1944 shows that section 17 (1) thereof provided, inter alia, for the compulsory registration of non-testamentary instruments purporting to or operating to create, declare, assign, limit or ..... required to be registered, has not ' been registered, or the instrument of transfer has not been completed in the manner prescribed therefor by section 54 of the transfer of property act. the defendants are debarred from enforcing any right against the transferee in respect of the suit property.the learned counsel has argued further that .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1978Raj184; [1979]118ITR698(Raj); 1978(11)WLN130
..... thus appear from the view taken by this court that the jurisdiction which the high court exercises under article 226 is a special and extraordinary jurisdiction. section 141 of the code therefore does not apply in terms to proceedings under article 226 of the constitution. the high court, when exercises its extraordinary jurisdiction ..... petition instituted under articles 32 and 226 of the constitution of india. according to the one set of cases a writ proceeding is one of civil jurisdiction and section 141 c. p, c. applies to such proceedings. this set of cases comprised the decisions rendered in gursewak singh v. vice-chancellor, gurunanak university (ilr ..... high courts and categorically lays down that the section does not include proceedings under article 226 of the constitution. we are, therefore, definitely of the opinion that the technical rules of limitations contained in order xxii rule 4 read with article 120 of the indian limitation act providing for making an application within 90 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj224; 1965CriLJ801
..... forged the document ex. 1, and in order to make a gain on the basis thereof, has filed this suit which act of his comes under section ...... i. p. c. (the learned judge has not quoted the relevant section in the judgment). consequently let a notice go to 'the petitioner to show cause why a complaint be not lodged against him ..... section 476-b cr. p. c., begins to run for the purposes of art. 154, limitation act from the date when the finding under section 476, cr. p. c., is completed or supplemented by an actual complaint.' in other words the mere passing ..... making of any order. the high courts before whom the question had cropped up for consideration have, however taken the view that appeals under section 476-b cr. p. c. are governed by this article of the limitation act.11. in daga devji patil v. emperor, air 1928 born 64 the learned judges observed that 'limitation (or an appeal under .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(5)WLC653
..... as the question of consti-tutionality of the provision if such report is said to be conclusive evidence also against such person.'9. no doubt, sub-section (3) of section 24 of the act gives a right to a person from whom the sample was taken for controversion of the insecticide analyst's report against the evidence of the facts stated ..... either of the parties send the sample for reanalysis. however, as held in yrs rao's case (supra) by the apex court in the context of section 24(4) of the act that sub-section (4) comes into operation when the sample has not already been tested or analysed in the central insecticide laboratory, since in the instant case the sample ..... notify with 28 days of the receipt of report's copy, that he intends to adduce in controversion of the reporl. similar provision is envisaged in sub-section (4) of section 24 of the act to consider analyst's report after reanalysis as conclusive evidence if the court (i) of its own motion or (ii) in its discretion at the request .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1987Raj180; 1986(2)WLN653
..... terms as the court thinks just.18. sub-rule (5) of rule 10 of order 1, c.p.c., provides that subject to the provisions of the limitation act, 1877, section 22, the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons.19. shri kejriwal has drawn my ..... 9-73 when for the first time, he moved an application for impleading them as party to the appeal. the appellant did not file any application under section 5 of the limitation act for getting the delay condoned in making this so belated application; and no sufficient cause worth the name has been shown which prevented him from making application, ..... 4 was filed on 2-7-85. the appellant has also filed application under order 22. rule 9, c.p.c. as also another application under section 5 of the limitation act to which reply has been filed on behalf of kailash, proposed legal representatives of shambhunath and who has opposed these applications. he has submitted affidavit of kailash and .....
Tag this Judgment!Court : Rajasthan
Reported in : 2004CriLJ2332; RLW2004(2)Raj1261; 2004(2)WLC691
..... in support of such plea, judged by the test of the preponderance of probability, as in a civil proceeding, fails to displace the presumption arising from section 105 of the evidence act, in other words, to disprove the absence of circumstances bringing the case within the said exception; but upon a consideration of the evidence as a whole, ..... satisfies the test of 'prudent man' the accused will have discharged his burden. the evidence so placed may not be sufficient to discharge the burden under section 105 of the evidence act, but it may raise a reasonable doubt in the mind of a judge as regards one or other of the necessary ingredients of the offence itself. ..... the question for consideration is whether in the facts and circumstances just stated above, the accused appellant is entitled to benefit of section 84 1pc or not.24. for convenience, section 84 ipc is reproduced here:-'section 84. act of a person of unsound mind.-nothing is an offence which is done by a person who, at the time of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1966CriLJ579
..... the higher offence and to commit the accused for trial to the court of session and in convicting him for an offence under section 325 indian penal code? before the amendment of the act in 1955 he could have emphasised the advantage of sessions trial with jury or with the aid of assessors. the answer to this ..... . the learned deputy government advocate while opposing the reference contended that the magistrate having taken the case on file under section 426, indian penal code, and having initiated enquiry for an offence under that section, the magistrate acted properly in holding the trial in accordance with the summons case procedure. according to him, there has been no mis ..... the accused. 9. in air 1932 nag 111 the accused was prosecuted for an offence under section 34(b) read with section 45 of the central provinces excise act. it was the prosecution case that the accused committed an offence under section 34(b) and that the offence being the second one, he was liable to enhanced punishment .....
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