Court : Rajasthan
Decided on : Sep-23-1985
Reported in : 1985(2)WLN560
..... there cannot be any rule of thumb that if the witnesses of that locality are not produced, the recovery made in pursuance of the information under section 27 of the indian evidence act should be disbelieved in the above judgment itself. in para 23, their lordships of kerala high court held that unless the investigation is unfair, the ..... p.c. we are unable to appreciate the relevancy in the present case because, firstly the present case is of recovery after information was given under section 27 of the indian evidence act and after the accused, himself, led the police party and unearthed the chappals from the hidden place. secondly, we are convicted that the witnesses produced ..... case, the 'chappals' were not recovered in pursuance of search per se but it was a case of information given by the accused, under section 27 of the indian evidence act, and then accused led the police party and dug out the chappals himself which is duly proved by these witnesses surya karan and hemant kumar who .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-04-1985
Reported in : 1985(1)WLN656
..... of the lands held by him were valid, so far as they related to the lands in respect of which khatadari rights were conferred on him under section 6(2) of the act and that the appellant was bound to comply with the said notices. however, the learned single judge held that as khatedari rights were conferred on the appellant ..... 2 lands held by the ex-rulers by the former princely states, the rajasthan land reform (acquisition of land owners' estate) act, (here in after referred to as 'the act') was enacted. under section 6(2) of the act, khatedari rights were conferred on the ex-rulers in respect of such lands which were in their personal cultivation on the date of ..... :the only other point that remains to be decided is whether as a result of some of the sections of the impugned act being struck down, what is left of the impugned act should survive or whether the whole of the impugned act should be declared invalid. we are of opinion that the provisions which are declared invalid cannot affect the .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-29-1985
Reported in : 1986(1)WLN262
..... in nadirkhan v. delhi administration : 1976crilj1721 that in an appropriate case, inspite of the exclusion contained in section 377 and 401 cr. pc and the express provision of section 386, cr. pc the high court has got powers to act sou moto for enhancement. it was laid down as under;the fact that the new code of criminal procedure ..... has expressly given a right to the state under section 377, cr. pc to appeal against inadequacy of sentence which was not there under the old code does not exclude the revisional jurisdiction of the high court to act suo moto for enhancement of sentence in appropriate cases. what is an appropriate case ..... sentence in the absence of appeal against the inadequacy of the sentence, under section 377, cr.pc61. in para 4, their lordships of the apex court observed that it is well known and has ever been recognised that the high court is not required to act in revision merely through a conduct application at the instance of an aggrieved .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-19-1985
Reported in : 1985WLN(UC)446
..... that both dalel singh and kapoorsingh attacked on the deceased harnam singh and kapoor singh was directly responsible for the fatal injuries and with regard to applicability of section 34, ipc. the learned sessions judge observed that the intention to cause his death seems to have been formed just before the blows were delivered and ..... is committed by them. he found that there is no evidence against the accused sukhasingh and that he can also not be brought into the mischief of section 34 ipc because there was no evidence of any pre-concert taking place any time before kapoor singh and dalalsingh attacked harnamsingh & amarjitsingh. it was found ..... and assailants should be held responsible for their individual acts and should not be held responsible constructively. thus by applicability of section 34, ipc the accused dalel singh cannot be held guilty of the offence under section 302, ipc. he can be held guilty of the offence under section 325, ipc for the injuries caused to amarjit singh .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-23-1985
Reported in : 1985(2)WLN495
..... nand kishore (pw 15) and vinod kumar dwedi (pw 9) were declared hostile. sukhraj bhandari (pw 4) magistrate recorded statement of urmila deceased.8. thereafter statement under section 313, cr.p.c. was recorded of the accused wherein, he denied the allegations and submitted that urmila wanted to take him in adoption as her son but the brother ..... of munsif and judicial magistrate, kota who committed the same for trial to the court of sessions judge, kota. the sessions judge framed charge against the appellant under section 302, ipc. the charge was denied by the accused appellant and the trial was conducted.6. in support of its case, the prosecution examined as many as 17 ..... took her to the hospital.4. after recording statement on parcha, ali mohammed sent the same at police station where a case no. 213/79 was registered under section 307, ipc, and investigation commenced. the statement was also got recorded by the police during investigation by magistrate. at 1.20 p.m. urmila died and the case .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-26-1985
Reported in : 1985(1)WLN565
..... that i may state here is that section 203 of the municipalities act is not at all applicable to the present case. as already stated above it is the complainant's own case that the municipal council had issued him ..... complainant but that does not mean that it was wrongful or the intention of the accused was to cause him wrongful loss. under section 60 of the easements act a licence is revoked and under section 63 of that act the possession can be taken after removing the temporary structure etc. i am, therefore, clearly of the opinion that in the ..... of allegation in the complaint that this was done in disobedience of any direction of law. learned counsel for the non-petitioner drew my attention to section 203 of the rajasthan municipalities act in order to show that certain procedure had been laid down for the removal of encroachments etc. and that was not followed in this case. all .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-05-1985
Reported in : 1985WLN(UC)407
Ashok Kumar Mathur, J.1. The petitioner by this writ petition has challenged the order dated 19th April, 1983 and 11th June, 1984.2. The petitioner was working as Secretary of the Bikaner Divisional Unit of All India Postal Employees Union Class-Ill. In that capacity the petitioner issued Savingram to Sarvashri K.L. Moza General Secretary of the Union and S.K. Gosh Director General, P&T;, New Delhi for ventilating certain grievances. He was informed by communication dated 22nd January, 1983 that the Department proposed to take action against him under Rule 16 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (here in after referred as the Rules of 1965) for directly sending Savingram. He was served with the statement of charge for this misbehaviour and he was given 10 days time to file reply to this the gravman of the charge was that he has sent a Savingram to the higher authorities in contravention of the instructions issued by the Directer General that ce...
Tag this Judgment!Court : Rajasthan
Decided on : Feb-20-1985
Reported in : 2(1985)ACC158
..... in respect of the cross-objection it was urged that it was not maintainable as there is no provision for filing cress-objections in the motor vehicles act, 1939 (hereinafter referred to as the act) section 110-d thereof only provides for an appeal by any person aggrieved by an award of a claims tribunal.this provision, it is said, entitled the ..... to be good law. we agree respectfully with the opinion expressed in k. chandra shekar v. narayana air 1975 kant 18 (fb) that in an appeal under section 110-d of the act, the respondents can file cross-objections by invoking the provisions of order 41, rule 22, civil plc. because where a statute directs that an appeal shall lie ..... reject this cross-objection.21. thus, this objection of mr. munshi that order 41 rule 33, cpc cannot be applied in the matters of appeal under section 110-d of the motor vehicles act, is also without force.22. mr. munshi, counsel for rsrtc, has submitted all force at his command that the award passed by the tribunal on 20th .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-30-1985
Reported in : 1986(2)WLN733
..... standards of the persons affected will have to be taken into consideration. all these considerations, however, are judged from an objective stand point. it is also true that a section of people have the feeling, whether justified or not, that in order to make legitimate grievances redressed, it is necessary to make a nuisance of themselves to be heard ..... it is an admitted fact that the electric motor which is being used for hammering iron is of 1 hp. in case, horse-power is increased or any other act is done which increases the nuisance, the plaintiff will be at liberty to file a separate suit complaining the nuisance to the appropriate court for his redressal25. in such ..... discomforts to other persons;(6) if the defendant is found to be carrying on his business so as to cause a nuisance to his neighbours, he is not acting reasonably as regards them and may be restrained by injunction although he may be conducting his business in a proper manner and according to the rules framed in that .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-01-1985
Reported in : 1986(1)WLN325
..... their lordships covered that chapter 21 of cr. pc does not restrict the powers of criminal court under section 540. section 540 cr.pc and section 165 evidence act, confer a wide discretion on the court to act as the exigencies of justice require. section 540 is intended to be wide as the repeated use of the word 'any' throughout its length ..... case.29. another case relied on by mr. bhandari on this point is jamat raj v. state of maharashtra : air1958all439 . it was a case under section 135(b) of the customs act, 1962. two witnesses were examined, one of whom had stated that mr. dutta inspector customs, bombay had told him the information he had received regarding the ..... supreme court when the matter reached there in special appeal and it was held that the court cannot be said to have exceeded its jurisdiction in acting under the second part of section 540 of the old code. the clarification sought in that case was altogether of different nature than the one the court in the present case .....
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