Court : Rajasthan
Reported in : AIR1968Raj11; 1968CriLJ79
..... by any other means except by taking recourse to the assistance of the public authorities. in this connection, my attention has been drawn to the provisions of section 105 of the indian penal code which lays down that the right of private defence of property against theft continues till the offender has effected his retreat ..... like sword, knife and pistol and caused simple injuries to amar singh, kushal singh and uma. some- of the accused persons were also charged for offences under sections 412 and 414 indian penal code for having dishonestly receiving the stolen property, namely, the she-camel and they also voluntarily assisted in concealment of the she-camel. ..... filed by accused amar singh and five others against the judgment of the additional sessions judge, churu, dated 26th may, 1965, convicting all the six appellants under section 395 indian penal code and sentencing each one of them to undergo one year rigorous imprisonment.2. the facts giving rise to this case, briefly stated, are .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj3
..... of the civil judge. the learned civil judge declined to grant him rateable distribution of this decree on this ground that no application for rateable distribution was made what section 73 lays down is that in order to claim rateable distribution a decree-holder must have applied under order 21 rule 11 of the code for execution of his decree ..... favour and is entitled to the whole of the amount that it can be said that the receipt of the cheque amounts to receipt of assets within the meaning of section 73. rafiq mohammad therefore did not become entitled to receive the whole of the amount of the cheque in execution of his decree for rs. 2000 (which amounted to ..... received from the court of munsif 5. the first contention on behalf of rafiq mohammad is that the assets were received by the court of munsif within the meaning of section 73 on the date on which the cheque for rs. 2165.24 was received by that court from the executive engineer. irrigation, kankroli. from the record it appears that .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj72
..... itor any of its officers from taking any actionagainst the petitioner for the recovery ofthe sum of rs. 8,997/13 paise under section 256or the allied sections of the act. we needhardly add that this will not prevent thestate from taking such further proceedingsagainst the petitioner, as may be open to itto have his ..... whichever point of view we look at the matter we are strongly disposed to hold the view that the recovery proceedings taken against the petitioner under section 256 of the act, are illegal. 14. for the reasons mentioned above,we allow this writ application and quashthe recovery proceedings instituted againstthe petitioner by the state and prohibit ..... rs. 5807/63 paise with his admitted signatures. 5. this brings us to the narrow question whether the recovery proceedings taken against the petitioner under section 256 of the act are lawful. by way of clearing the ground, we may as well mention here that these recovery proceedings have not been taken by the state under .....
Tag this Judgment!Court : Rajasthan
Reported in : [1968]21STC114(Raj)
..... or its departments liable to sales tax. mere supplying essential commodities for the benefit of the people is normally not carrying on business as is contemplated by section 2(f) of the act. in these circumstances it was not enough for the petitioners to merely allege that the government or its departments were dealers. it is essentially a question of ..... enacting part of the rule or with the provisions of section 5 of the act. the explanation, as we have already pointed out, embodies only the normal rule that the assessing authority will follow, but thereby it is not precluded from proceeding ..... the explanation can be said to be ultra vires only if it cannot be so harmoniously read with the enacting part of rule 15, or the provisions of section 5 of the act for that matter. having devoted consideration to it, we are satisfied that the explanation does not appear to be out of tune with the scheme of the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj297; 1968CriLJ1449
..... allegation, or the accusation, or the charge has been made by the local authority. the prosecution having not been instituted 'by' the local authority under sub-section (1) of section 20 of the act, the local authority can not be deemed to be the complainant in the case. that being so. it will be that other person who shall be the ..... varanasi v. prem prakash jauhar air 1966 all 504.4. before examining the case law, it would be proper to take note of the provisions of sub-section (1) of section 20 of the act. shorn of the proviso which is not relevant for purposes of this case, it reads as follows--'20. cognizance and trial of offences. (1) no prosecution ..... air 1964 all 497, the inspector had filed the complaint after obtaining the consent of the medical officer who was authorised to consent within the meaning of section 20 of the act. the accused was acquitted and the medical officer applied for special leave to appeal. it was held that the appeal was not maintainable for the reason that .....
Tag this Judgment!Court : Rajasthan
Reported in : (1968)ILLJ475Raj
..... the plaintiff-respondent filed an appeal before the inspeotor-general of police, rajasthan, jaipur, but that proved unsuccessful.5. the plaintiff, thereafter, after serving notice under section 80, civil procedure code, filed a suit against the rajasthan state, inspeotor-general of police, rajasthan, and the deputy inspector-general of police, jodhpur, praying for setting ..... advocate to contend that non-compliance with rule could not afford any cause of section to the plaintiff-respondent.28. lastly, it was contended that the provisions of the police act and the police regulations made under the act provide for the enquiry into the case of a police officer and that it ..... , but subsequently he was let off by umed singh and the plaintiff and was not produced before the customs authorities and that in doing so, he acted dishonestly. the seoond charge against the plaintiff-respondent was that dharnidhar, naraindas, sheoshanker and rawatmal had made entries in the roznamcha, dated 4 october 1951 .....
Tag this Judgment!Court : Rajasthan
Reported in : [1967]65ITR662(Raj)
..... partner out of the partnership fund on the date of purchase, it could not be said what was his share in the value of the specific property. section 48 of the partnership act lays down the mode of settlement of accounts between the partners. it reads as under :-'48. in settling the accounts of a firm after dissolution, the ..... , be payable by the assessee-firm and the firm as such could not be assessed for that income. thus, according to learned counsel, the provisions of section 9(1) of the act could not attracted to the present case. it is next contended that the respective shares of the thirteen partners were definite and ascertainable and, therefore, they could ..... 1960. thereafter, he presented an application for reference before the tribunal, but he was not successful. he then filed an application in this court under section 66(2) of the act and it was at the direction of a division bench of this court that the present reference has been made.learned counsel for the assessee has raised two .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj169
..... remembrancer or the joint legal remembrancer could have proceeded to approve the scheme or dispose of the objections in accordance with the principles laid down in section 63-o of the act, but when the statutory rules are in force, it is difficult for these authorities to ignore the rules and proceed with the objection in derogation ..... obviously an order of general nature appointing the joint legal remembrancer to dispose of all the cases that may arise in relation with the provisions of section 68-d of the act and therefore the learned deputy government advocate is not unjustified in arguing that it should be taken as supplementary instruction issued by the governor on ..... pleased to order that the joint legal remembrancer to the government of rajasthan shall consider objections to, approval and modifications of the scheme under section 68-d of the motor vehicles act. 1939 (central act tv of 1939).this is in supersession to this department order no. f. 12 (1) lj/b/60. dated the 13th october .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj70; 1968CriLJ385
..... in its charge the house in which mst. bhori was murdered as also the moveable property then found in the house purporting to act under section 25 of the police act, 1861, (hereinafter called the act). an inventory of the said property was furnished to the additional district magistrate, jaipur who directed the property to remain in police ..... when the matter came up again before the district magistrate, he issued a proclamation regarding the entire property both moveable and immoveable as required by section 26 of the act. for the interim management of the house and realisation of rent he appointed a receiver. being aggrieved by the order of appointment of the receiver, ..... legislature that police be empowered in take charge of unclaimed immoveable property also and claims about it be decided summarily by the district magistrate under section 26 of the act. in regard to unclaimed moveables it is however, understandable because if it is not immediately taken in its charge by the police it might .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj99
..... separate suit as the bills in relation thereto had not been prepared by the respective station masters. eventually on the application of the railway administration under section 34 of the arbitration act, the plaintiff had to go in for arbitration but till that stage the stand of the railway administration regarding the merits of the claim had ..... to arbitration, we have already adverted to in the earlier part of our judgment as to what is the concept of misconduct within the meaning of section 30 of the act. misconduct may consist either in the arbitrator being dishonestly motivated or it may just be legal misconduct implying thereby that the arbitrator has not conduct- ed ..... the discretion vested in court should be exercised in remitting the award.53. we, therefore, accept this appeal, but without setting aside the award under section 30 of the arbitration act, 1940. we set aside the judgment and decree of the learned district judge, bikaner, dated 28-10-63 and remand the case to him with .....
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