Court : Rajasthan
Reported in : AIR1968Raj179
..... as that case was decided by the learned judges on an entirely different provision of law. in that case the judgment was based on the provisions of section 12(1) of the oudh court act which provided that on appeal from an order of a single judge shall lie to a bench consisting of two judges of the chief court against any ..... coined by learned counsel for the appellant to suit his purpose. we are of opinion that when a court exercises its power of review under section 114 and order 47 of the code of civil procedure it acts in the exercise of the same jurisdiction in which it has passed its previous order or judgment under review. in this view of the ..... that ruling is not applicable to the circumstances of this case as clause (1) of section 18 of the ordinance is not analogous to the provisions of section 12(1) of the oudh courts act. under clause (1) of section 18 of the high court ordinance there is no such provision that any order passed by a single judge against which an appeal is .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj145
..... counsel for the respondent that an election petition cannot be considered a suit or an appeal or an application so as to attract section 12(1) read with section 29 of the limitation act is altogether devoid of force. an election petition has been provided forenforcement of certain rights conferred by statutory provision upon the contesting ..... for the respondent, however, took the stand that in view of the specific language of section 81 of the representation of the people act (hereinafter referred to as 'the act') section 12(1) of the limitation act or section 9 of the general clauses act cannot be invoked. it was also contended that an election petition is neither a suit nor ..... the day on which the respondent no. 1 was declared returned cannot be counted in view of the provisions of section 12(1) read with section 29(2) of the limitation act, and section 9 of the general clauses act. in support of his arguments he relied upon two judgments of the supreme court reported as t.c. basappa .....
Tag this Judgment!Court : Rajasthan
Reported in : (1969)ILLJ382Raj
..... a result of the enquiry. their lordships made it clear that no action could, in their view, be said to be proposed within the meaning of the section (section 43 of the government of india act, 1935) until a definite conclusion had been come to on the charges and the actual punishment to follow was provisionally determined on, for before that stage the ..... a suit by khem chand. the matter went up to the supreme court, and an argument was raised on behalf of khem chand that under sub-section (3) of section 240 of the government of india act, 1935, and also under article 311 of the constitution the public servant was entitled to get an opportunity to show cause against the proposed penalties which .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969CriLJ341
..... proceedings and forgery and observed as follows:it is true that some of the ingredients-of the act of fabricating false evidence which, is penalised under section 193, i.p.c and of making a false document and thereby committing forgery within the meaning of sections 463 and 464, i.p.c., are common. a person by making a false entry ..... us to accept the argument of the learned counsel for the accused. thus, the learned sessions judge was wrong in acquitting the accused on the ground that sub-section (6) of section 479-a, cr.p.c., was a bar to take any proceedings against the accused when such proceedings were not taken at the time of pronouncement of ..... ease where he has intentionally fabricated false evidence for the purpose of being used in any stage of the judicial proceedings. would it not be proper that this sub-section should be confined only to a case where a witness has intentionally given false evidence? the cases in which question of fabricating false evidence arises often relate to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj294
..... transport authority in granting permit to respondent no. 2 in utter disregard of the principles laid down by this court while considering the true scope of section 57(3) of the motor vehicles act is vitiated and, therefore, it deserves to be quashed. 9. the writ petition is, therefore, allowed, the impugned order issued by theregional transport ..... have been cited by mr. gupta on behalf of the petitioner containing the observations of this court about the consideration of the applications under section 57(3) of the motor vehicles act can be taken as authority for the proposition that a later applicant can claim a right to have his application considered along with the earlier ..... ones. according to chelaram, the petitioner has a right to ask for the consideration of his application for the grant of permit under section 57(3) of the motor vehicles act but he cannot claim that his application should be considered along with the application of the respondent who had applied long before and who .....
Tag this Judgment!Court : Rajasthan
Reported in : (1969)ILLJ169Raj
..... reply to the writ petitions.23. at this stage we may also refer to the relevant provisions of the university of rajasthan act, 1946 (which will hereafter be called the university act). section 4 of the university act enumerates the powers of the university among which the relevant clauses are (4a), (7) and (15). they read as follows ..... [1964]6scr368 (vide supra), subba rao, j., as he then was, while delivering the majority judgment, observed as follows ;it is true that under section 23 of the mysore university act, 1956, the academics council shall have the power to prescribe the conditions for admission of students to the university and, in exercise of its power, it ..... and the government which runs its own colleges cannot be denied that power. hence, the order cannot be said to contravene the provisions of section 23 of the mysore university act also.none of these two authorities help the petitioners. no decision having a direct bearing on the point canvassed before us has been brought to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj11
..... attested it at the behest of the 'panadars' of all the four 'panas'. all these facts and circumstances fully justify the raising of a presumption under section 90 of the evidence act in respect of the document. then there is satisfactory evidence to show that the transferees paid 'nalbandi' and the receipts in that connection are exs. ..... fact and substance, therefore, the document must be held to have been signed by the executants, and there is no reason why a presumption under section 90 of the evidence act should not be raised in respect to it. this conclusion becomes all the more irresistible when it is remembered that the document bears the attestation of ..... -appellants, has tried to assail the sale-deed on two grounds. firstly, he has argued that the courts below erred in raising a presumption under section 90 of the evidence act regarding the execution of document ex. 24 because it does not purport to bear the signatures of the executants. it contains the signatures of some other .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj227; (1968)IILLJ398Raj
..... opinion that what i have already said does not go against what their lordships were pleased to lay down. one year's period contemplated in sub-section (2) of section 25b of the act only furnishes a unit of measure and if during that unit of measure the period of service actually rendered by a workman is 240 days, then ..... if it was otherwise invalid or vice-versa. in view of this consideration i am satisfied that the impugned order was passed in violation of the provisions of section 25g of the act. apart from every thing since it was an employment under the state, the state was duty bound to accord equal treatment to all those who were similarly ..... place, adding some other matters which are not relevant to the present purpose, but the purport of the new provisions is not different. in fact the amendment of section 25f of the principal act by substituting in clause (b) the words 'for every completed year of continuous service'' for the words 'for every completed year of service' now removes a .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969CriLJ582
..... discourtesy from contempt.7. in view of the fatal defect in the procedure, in the absence of the particulars required by sub-section (2) of section 481, cr.p.c. and in the absence of anything to show that shri n.k. sharma had intentionally done-anything ..... he failed to do so. the omission of such an information is fatal to the order of conviction, since the provisions of sub-section (2) of section 481, criminal p.c. are mandatory.4. in ramnath v. state : air1953all59 , it was held that in a trial for ..... gestures with his hands and face and a threatening voice at the presiding officer. soon after the said officer drew ud proceeding under section 480, criminal p.c. he framed the follow-charges:i.d.c. hagela, munsiff-magistrate f.c., thangazi, hereby charge you ..... advocacy which are merely offensive is to use it for a purpose for which it was never intended.it is not every act of discourtesy to the court by counsel that amounts to contempt nor is conduct which involves a breach counsel of his duty. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj16; 1969CriLJ233
..... all expenses necessarily incurred by him therein.10. the contention of mr. tikku is that in the face of the resolution having been passed under section 78 of the act the powers were specifically conferred on the president of the municipal council, jaipur to institute a complaint. mr. sagarmal on the other hand contended ..... has disbelieved the story of taking of the samples in an arbitrary and perfunctory manner.20. i accordingly convict the accused under section 7 read with section 16 of the prevention of food adulteration act. having regard, however, to the fact that the incident relates to the year 1961, i think that the ends of justice ..... mr. v. s. dave. they contended that the powers in these three cases having been conferred by resolution of the municipal council, presumably under section 78 of the rajasthan municipality act, it was the president who presented the complaints could alone present these appeals. in this connection, they relied upon the depositions of shri shyambeharilal. .....
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