Court : Rajasthan
Reported in : 1966CriLJ798
..... the learned additional sessions judge quoted above and considers that they are bound to prove injurious to his future career. he has, therefore, put in an application under section 561-a, criminal p. c. for the expunction of the above remarks against him.5. notice of the application was given to the government advocate and the application ..... cause of death and the sufficiency of the injury to cause death in the ordinary course of nature ultimately acquitted the accused jangsingh on the ground that he acted in the exercise of right of private defence. the order of acquittal does not appear to have been challenged by the state and has become final.4. dr ..... acquittal in favour of the accused jangsingh. that verdict of acquittal was arrived at with a finding that the accused jangsingh was acting in the exercise of right of private defence. if the accused acted in the exercise of right of private defence and therefore committed no offence it was hardly necessary for the additional sessions judge .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj14
..... we conclude, we might as well refer to a subsidiary argument, which was raised by learned counsel for the plaintiff, that his suit was brought under section 65 of the contract act which lays down that when an agreement is discovered to be void or when a contract becomes void, any person who has received any advantage under such agreement ..... when the plaintiff came to know of the mistake under which he had made the disputed payments must be a matter within his special knowledge, and under section 100 of the evidence act, it would be for the plaintiff to establish a point like this, rather than for the defendant for whom it would be hardly possible to read the ..... of rs. 13,050/-from the state paid by him, under circumstances mentioned above. on the 11th of february, 1954, the plaintiff gave the requisite statutory notice under section 80 of the code of civil procedure for return of the aforesaid amount to him, but without any avail, and consequently he brought the present suit for the recovery .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj10; 1967CriLJ121
..... 40 from lalaram on 3-10-61 as illegal gratification for forbearing to proceed officially against him and therefore, hold him guilty of an offence under section 161 and section 5(2) of the prevention of corruption act. ...... ''6. now before i deal with the evidence of the eye-witnesses, i should like to make a few general observations with respect to ..... not been excluded, he is entitled to an acquittal.35. for the reasons mentioned above i hold, that the conviction of the accused under section 161 i. p. c., and under section 5 (2) of prevention of corruption act cannot be sustained and it is, therefore, set aside.36. in the result, i allow this appeal, setaside the conviction and sentence of ..... i.n. modi, j.1. accused ganpalsingh has been convicted of an offence under section 161 i.p.c and section 5(2) of the prevention of corruption act, and sentenced to one year's rigorous imprisonment and a fine of rupees 100/ and in default of payment of fine to a further rigorous imprisonment for a .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj22
..... observed at the outset the only point arising for consideration is about the applicability of the doctrine of merger in the present case. relevant portion of section 111 of thetransfer of property act runs as under:'section 111. determination of lease. a lease of immoveable property determines- ... .... .... .... (d) in case the interests of the lessee and the lessor in the whole of the ..... in his favour the liability of bhoorilal to pay any rent to gehrilal and inder lal came to an end on the principle of merger enshrined in section 111(d) of the transfer of property act. the first court decreed the suits. the defendant then filed separate appeals in the court of the district judge, udaipur, but was not successful aggrieved of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1966CriLJ584
..... have been established in this state to establish and develop local self government and to take measures conducive to better administration of the villages. under section 69 of the act it is provided that the state government shall be the chief controlling authority in respect of all matters relating to the administration of panchayats. besides the ..... an inventory of the articles found in the 'bada' which were duly entrusted to the custody of the motbirs. it was urged that under section 27(2) of the rajasthan panchayat act, 1953 the panchayat was entitled to remove the 'bada' when the complainant failed to remove it in spite of a notice given to him ..... complainant having failed to remove the disputed 'bada' the sarpanch up-sarpanch and the panchas themselves removed the 'bada' purporting to act under the powers given to the panchayat under section 27(2) of the act. it cannot therefore be said that the removal of the disputed 'bada' or the articles lying therein had no connection with .....
Tag this Judgment!Court : Rajasthan
Reported in : [1969]73ITR402(Raj)
..... bar is whether the purposes for which the assessee stands incorporated are objects of general public utility, within the meaning of the expression ' charitable purposes in section 4(3)income tax act, 1961~^.' '13. he contended that the assessee in the present case satisfied both the conditions. in other words, property was held under trust and ..... or charitable purposes, and the second limb provides for such a property held in trust partly for religous or charitable purposes. clause (i) of section 4(3) of the act takes in every property or a fractional part of it held in trust wholly for religious or charitable purposes. it also takes in such property ..... specific property was exclusively set aside for charitable or religious purposes. in those circumstances then lordships of the privy council, in considering the applicability of section 4(3)(i) of the act, observed as follows :' where the property is vested in the head of a community under deeds of trust, but the trust property is applicable .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1966Raj154
..... income-tax officer were restored.7. from the above narration it will be evident that the question depends on the applicability of section 4 (3) (i) of the act. relevant portion of the section reads as under :section 4 (3): any income, profits or gains falling within the following clauses shall not be included in the total income ..... or charitable purposes, and the second limb provides for such a property held in trust partly for religious or charitable purposes. clause (i) of section 4 (3) of the act takes in every property or a fractional part of it held intrust wholly for religious or charitable purposes. it also takes in such property held only ..... specific property was exclusively set aside for charitable or religious purposes. in those circumstances their lordships of the privy council, in considering the applicability of section 4 (3) (i) of the act, observed as follows :'where the property is vested in the head of a community under deeds of trust, but the trust property is applicable to .....
Tag this Judgment!Court : Rajasthan
Reported in : 1966CriLJ1049
..... counsel for the appellant, it will be relevant to mention that before submitting the challans in the court, the superintendent of special police establishment obtained under section 6 of the act the sanction of the deputy chief accounts officer, northern railway, new delhi who, in the normal course of circumstances, was the appointing authority, but later ..... disposing of this contention observed that the special judge had jurisdiction to try the accused person under motion 7 of the prevention of corruption act and hence the conviction under section 409 of the indian penal code was not affected for the defect in the investigation of the case which only vitiated the trial of the ..... total amount of rs 1187 87 np and it was for this misappropriation that two challans were submitted by the special police establishment, jaipur under sections 5 (1) (c) of the act and 409 of the indian penal code both these cases were, however, ordered to be consolidated by the special judge two similar challans were .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj203; 1967CriLJ1057
..... he did which justification it is not and cannot be. 18. it was also pressed before us that the respondent was greatly disappointed at the result of the case and acted in a fit of excitement or frustration. we are not prepared to accept that either our reasons for coming to this conclusion are not far to seek. in the first ..... 1. we should, however, guard ourselves from being understood to mean that judges and courts are above all criticism. indeed, if reasonable argument or criticism is offered against a judicial act as contrary to law, no court should or would treat that as contempt. 14. it is in the light of the above tests that we now proceed to determine whether ..... a contempt of court. 10. now we should like to state at the very outset that there is no statutory definition of 'contempt' but it is well established that any act done or writing published which is calculated to bring a court or judge into a contempt or to lower its or his authority or to interfere with the due course .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj151
..... continue to apply to him with full force. as an agent the pucca adatiya, in my view, is bound to carry out the direction of his principal, vide section 211 of the contract act. section 211 provides that 'an agent is bound to conduct the business of his principal according to the direction given by the principal, or, in the absence of any ..... i am unable to accept this argument as sound. the liability to account by an agent is always there and account has to be rendered on demand, vide section 213 of the contract act. making good the loss or accounting for the profit did not, in my view, make any difference about the duty to render accounts. in the present case the ..... in the position in which he would have been placed if they had carried out his instructions.from the language of section 211 of the contract act the learned counsel for the appellant tried to make out that when an agent acts contrary to instructions he is required to make good the loss but he is to account only if any profit .....
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