Court : Rajasthan
Reported in : AIR1971Raj318
..... therefore, the same cannot be recovered from the respondent.2. it appears that the plaintiff-respondent's father harakchand sold some opium during the period s. 1972 to section 1980 without maintaining proper accounts and consequently in accordance with the circular no. 1368 of s. 1973, issued by the former state of mewar he was held liable ..... be recovered from the property in the hands of the plaintiff.a certificate under the rajasthan public demands recovery act (no. 5 of 1952) was issued against the plaintiff and since his objection under section 8 of the said act was dismissed on 12-8-1960, he brought the present suit on 7 3-1961 for cancellation of the ..... defaulter harakchand had sold opium only to the residents of deogarh and nearby villages within the territory of former state of mewar only, and had not done any act so as to incur the liability for payment of 'chori mehsul'.in the ultimate analysis the mahendraj sabha found that the defaulter harakchand had illegally exported opium .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN238
..... under its jurisdiction that the nyaya panchayat after having recorded the finding that the complainant had suffered damages of rs. 75/-convicted the petitioners under section 426 indian penal code.6. section 28 of the rajasthan panchayat act, 1953, lays down the extent of the criminal jurisdiction of a nyaya panchayat and specifies that a nyaya panchayat shall take congnizance of any offence ..... and abetment of or attempt to commit any offence specified in the first schedule. the first schedule mentions an offence under section 426 which is triable by .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN603
..... emperor ilr 1956 mad. 231 has been treated as a leading case on the subject. in that authority beasley, c. j., and reilly, j., observed that section 114, evidence act, entitles the court to draw a reasonable inference or presumption of fact. it is a matter of common procedure to utilise evidence of this kind and the presumption such ..... solitary circumstance of the two articles from the houses of the two appellants the only inference that can be raised in view of illustration (a) to section 114 of the evidence act is that they are either receivers of stolen property or were the persons who committed the theft, but it does not necessarily indicate that the theft and ..... the accused left behind unless articles like worn out spectacles ex. 1, sweater ex 5, socks ex, 4 etc., dispersed over court-yard.14. under section 114 of the evidence act the court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj18; 1971CriLJ239; 1970(3)WLN380
..... and belongs to the police department, but it cannot also be forgotten that in conducting the criminal cases before a magistrate he is acting as a public prosecutor under section 492 criminal procedure code and in doing so he is discharging public duties by assisting in the administration of justice, but for the prosecuting sub- ..... (b), cr. p. c. and not under any other sub-clause.learned counsel for the petitioner contended that in such a situation the magistrate can act only under section 190 (1) (c) and he relies on a decision of their lordships of the supreme court reported as abhinandan jha v. dinesh mishra, air 1968 ..... the relevant provisions of the criminal procedure code. therefore, the learned magistrate was not wrong in taking cognizance of the offence under section 190(1) (b) criminal procedure code though in an appropriate case he could have acted under section 190(1) (c) criminal procedure code as well.12. i may next deal with the question whether the prosecuting sub-inspector .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN313
..... counsel for the plaintiffs-respondents, that it requires to be reopened and reconsidered merely because in arriving at it the learned judge made a reference to section 110 of the evidence act. it may be that in view of the finding that the property belonged be the common ancestor of the plaintiffs and prabhushanker at one point of ..... issue no. 3 it was decided by the trial court against the plaintiffs and has been decided by the lower appellate court in their favour.17. section 122 of the transfer of property act defines 'gift' as 'the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the doner, to ..... evidence was allowed by the trial court. in such facts and circumstances, there is no reason why it should not be presumed under section 79 read with illustration (e) of section 114 of the evidence act that the certified copy which was on the record of the 'patta' case was a genuine document. i had occasion to consider .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN278
..... if it does so, it is entitled to succeed. thereafter, if the accused sets up a plea of alibi, the burdon of proof lies on him under section 103, evidence act. to establish the plea. of course, if there were anything on the record to support the allegation of the accused, that, taken along with other facts and ..... information report is given by an accused to a police officer and it amounts to a confessional statement, the proof of the confession is prohbited by section 25 of the evidence act. the 'confess' includes not only the admission of the offence but all other admissions of incriminating facts relating to the offence contained in the confessional statement ..... of punjab : 1968crilj89 . in mehbood shah v. smperor air 1945 pc 118, it has been laid down that common intention for the applicability of section 34 can be inferred from the act or conduct or other relevent circumstances of the cass.40. from what has been stated above, it is abundantly apparent that all the three accused persons .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj88
..... defendants at one stage offered to deliver the goods to the plaintiffs on certain terms did not estop them from pleading that the contract had become void under section 56, contract act. the incidents of a c. i. f. contract explained.' 'an executory contract made with an alien enemy in peace time is avoided or dissolved by ..... in terms of the contract'.it was held:'that the plaintiffs were not entitled to recover damages, as the contract between them and the defendants became void under section 56, contract act, inasmuch as by the outbreak of the war, one essential element of the contract, namely, the contract of affreightment, became unlawful and the fact that ..... , if, before delivery of documents to him, war had been declared, itwas held that-'the contract had become impossible of performance and void by the combined operation of section 56, contract act and the proclamation of 12th september, 1914.'in madhoram v. g. c. sett. air 1918 cal 830, where-'under a c. i. f. contract the defendants .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970(3)WLN451
..... requirements which a taxing statute should ordinarily provide.21. for the reasons mentioned above the writ applications are accepted and it is declared that sub-section (3) of section 10 of the act is ultra vires the articles 14 and 19(1)(f) of the constitution and, therefore, it is declared illegal. any liability of tax fixed ..... the prescribed authority to file an appeal. in these circumstances i am left with no alternative but to. hold that the provisions of sub-section (3) of section 10 of the act cannot be, sustained as valid provisions.20. it is contended that notices were given to the petitioners before they were assessed to their liabilities ..... tax by admitting persons to the exhibition of their films without making any payment thereof to the department under the act. in all these cases proceedings were therefore taken under section 10 (3) of the act, and in some cases the commercial taxation officers or in others the commercial taxes officers survey and investigation passed orders .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN254
..... a tenant, shall be heard to deny that particular landlord had at that date a title to the property. the words 'at the beginning of tenancy' in section 116, evidence act, do not give a ground for the contention that when person already in possession of land, becomes tenant to another, there is no estoppel against his denying ..... (d), supports the line of reasoning that in case of such an attornment, estoppel will operate against the tenant. in that ease, their lordships held that section 116, evidence act, does not deal or profess to deal with the kinds of estoppel or occasions of estoppel which may arise between landlord and tenant.it deals with only one ..... a tenant in possession had by payment of rent attorned to the successor in interest of the deceased landlyrd he was held to be estopped under section 116 of the evidence act from denoing the title of successor landlord. in this connection the learned judges observed as follows:the decision of the judicial committee in krishna prasad lal .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj12; 1970(3)WLN326
..... lordships of the supreme court- in ram krishna dalmia v. justice s. r. tendolkar, air 1958 sc 538 that the expression 'public importance' in section 3 of the commissions of inquiry act, 1952, is sufficient to guide the government in regard to the policy of the law, and that the power could not be said to be unguided ..... the legislature and criterion for the guidance of the concerned authorities.it may also be mentioned that even though the definition of 'public purpose' in section 2(f) of the land acquisition act was not useful for ascertaining the ambit of the expression, and even though it was realised that 'public purpose' was bound to vary with the ..... 1453), and my attention has been invited to paragraph 21 where their lordships have made observation, inter alia, that the expression 'public interest' in section 27 (6) (g) of the gold control act, 1968 does not provide any objective standard or norm or guidance. that case however related to gold control and it was found that the criterion .....
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