Court : Rajasthan
Reported in : AIR1967Raj104; 1967CriLJ809
..... (removal of control) order, 1954 was issued by the central government, then the impugned order would have held the field by virtue of section 43 of the defence of india act and the coarse grain (removal of control) order, 1954 would have become inoperative so far as the movement of the grains mentioned therein is ..... article 352 by the president of india, parliament enacted a special measure in the form of the defence of india act, 1962 which also contained in section 43 provisions analogous to section 6 of the essential supplies act, 1955. this indicates the mind of parliament that any order issued by a competent authority in the exercise of ..... of india rules. his contention is that this rule provides that the central government or the state government or any of its delegate under section 40 (2) of the defence of india act can regulate by licence, permit or otherwise the production, manufacture, movement, transport, distribution, disposal, acquisition, use or consumption of articles or .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj65; 1965CriLJ333
..... process should be carried on in the premises sought to be brought within the meaning of; the word 'factory'. the manufacturing process, has been defined in section a(k) of the said act. section 2(k)(i) reads as follows:' 'manufacturing process' means any process for: (i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing ..... were not a continuing offence and, therefore, the prosecution in respect thereof launched after more, than three months was barred by limitation under, section 106 of the factories act.27. so far as the above statement goes, the sessions judge is correct and is supported by some observations of bombay high court ..... meaningof the word 'factory' and, consequently, nocharge against him was sustainable. the petitioner also pleaded that the complaint was barredin view of section 106 of the factories act as havingbeen filed after the expiry of three months of thedate of the commission of the offence. both thecontentions of the petitioner prevailed with .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj90; 1965CriLJ483
..... a witness in the court to prove the execution of ex. p. ii. under these circumstances, this document becomes a relevant piece of evidence under sub-section (5) of section 32, evidence act read with illustration (i) given thereunder as it speaks of the creation of relationship between lakshmi and khan chand. mr. bhimraj also does not dispute ..... discharge of his official duty. mr. raj narain, however, conceded that these two documents do not fall within the category of the documents mentioned in section 35 of the evidence act, but he pleaded that the date of birth entered in these two school leaving certificates tallies with the date of birth in ex. d.6 which ..... neelakanta pillai, air 1957 ker 106.on the other hand, deputy government advocate, contended that the document ex. p. ii is admissible in evidence under section 32(5) of the evidence act, as ramchandra, the author of the document is untraceable and therefore he could not be produced as a witness in the court. he further contended that .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj32; 1965CriLJ219
..... have no doubt that participation by jiwaram and infliction of some injuries to the deceased and sughadsingh by jiwaram, stands reasonably proved within the meaning of section 3 of the evidence act.12. now, i take up the argument of mr. chatterjj based on the observations made in vadivelu thevar v. state of madras, (s) ..... simple injuries to sughadsingh and the deceased kaluva. it may be remarked here that having regard to the definition of the word 'proved' in section 3 of the evidence act in considering the question whether a particular fact is proved or not the court should primarily consider whether there is a requisite degree of probability ..... piece of evidence and can only be used for the purpose of contradiction and, therefore, those statements cannot be relied upon for convicting the appellant under section 323 indian penal code. another argument advanced by mr. chatterji in this connection is that the witnesses having made contradictory statements theycannot be treated as wholly .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj98
..... on the basis of the answer to question no. 6, it is contended that the confession is hit by section 24 of the evidence act. reliance is placed on dinanath sunderaji v. emperor, air 1921 bom 70. section 24 of the indian evidence act runs, as under:'a confession made by an accused person is irrelevant in a criminal proceeding, if the making ..... supposing that by making it he would gain any advantage or avoid any evil of a temporal nature m reference to the proceedings against him.'before the provisions of this section are applied, the court has to see firstly, whether the confession has been made by any inducement, threat or promise having reference to the charge against the accused ..... of a temporal nature in reference to the proceedings against him: while the opinion is that of the court, the criterion is the reasonable belief of the accused. the section, therefore, makes it clear that it is the duty of the court to place itself in the position of the accused and to form an opinion as to the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj98
..... to our mind, they render considerable help in construing the term 'final' used even in statutory provisions relating to municipal administration under the 1959 act. section 300 of the 1959 act, or for that matter section 210 in the 1951 act occur under the chapter xii relating to control. the scheme of that chapter in both the enactments seems to be that while, on the ..... altered, enlarged reconstructed, converted, or added to shall, for the purpose of this chapter, be deemed to be a new building.' the provision corresponding to section 300 in the 1951 act was section 210, which ran as follows:'section 210--power of government to call for records.--(1) the government may, for the purpose of satisfying itself as to the correctness, legality or propriety .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj205
..... the liability of the firm or partners to the assessment but with the question as to the liability of the firm to penalty under section 28 of the act. sub-section (2) of the amended section has clearly provided for it.' the consideration of the main question formulated above will depend on the answer to the subsidiary question, whether ..... the individual partners did or did not have the notice of the assessment proceedings, but all the same it was recognised that for the purposes of applying section 44 of the act, the partners cannot be regarded as separate from the firm altogether. reference was made in that case to abraham's case : [1961]41itr425(sc) decided ..... seek to challenge the recovery proceedings on the ground that they were never served with any demand notice, or any notice of assessment in accordance with section 29 of the income-tax act, with the result that the proceedings are without jurisdiction. their bone of contention is that as ex partners of the firm, which stood dissolved, .....
Tag this Judgment!Court : Rajasthan
Reported in : [1966]62ITR411(Raj)
..... with the liability of the firm or partners to the assessment but with the question as to liability of the firm to penalty under section 28 of the act. sub-section (2) of the amended section his clearly provided for it.'the consideration of the main question formulated above will depend on the answer to the subsidiary question, whether ..... individual partners did or did not have the notice of the assessment proceedings, but all the same it was recognised that, for the purposes of applying section 44 of the act, the partners cannot be regarded as separate from the firm altogether. reference was made in that case to abrahams case decided by their lordships of the ..... seek to challenge the recovery proceedings on the ground that they were never served with any demand notice, or any notice of assessment in accordance with section 29 of the income-tax act, with the result that the proceedings are without jurisdiction. their bone of contention is that as ex-partners of the firm, which stood dissolved, .....
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 : [1966]60ITR477(Raj)
..... result, the tribunal allowed the assessees claim with respect to the amount in question. thereafter, the commissioner of income-tax made an application to the tribunal under section 66(1) of the act for referring the question of law which arose from its order to this court, but it was rejected by its order dated the 16th december, 1963, ..... was laid down by their lordships of the supreme court that the expression 'in the nature of trade' appearing in the definition of 'business' in section 2(4) of the income-tax act postulates the existence of certain elements in the adventure which in law would invest it with the character of trade or business; and that would make ..... december, 1949 (see annexures 1 and 2 to this application). the assessee claimed a deduction for the total of rs. 2,50,000 as bad debts under section 10(2)(xi) of the act. the income-tax officer repelled this contention. his findings, put briefly, were : (1) that the assessees father did not carry on any money-lending business .....
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