Court : Rajasthan
Reported in : AIR1971Raj232; 1970(3)WLN681
..... time to the defendant for vacating the premises in question. it is, therefore, submitted that it was not necessary for the plaintiff to have strictly complied with section 106 of the transfer of property act. in support of his contention he has relied upon surajmal v. sitaram, air 1955 raj 1 harish chandra v. chothmal, 1959 raj lw 353 and jhalku singh ..... . no specific objection was taken by the defendant in the present case that the notice was bad because it did not terminate the tenancy as contemplated by section 111(b) of the transfer of property act. only a wide and vague plea was taken that the notice was not legal. the objection which is specifically sought to be raised now cannot be .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN23
..... be really 10 years imprisonment and not imprisonment and not imprisonment for life. on these premises, it is argued that the case, of accused mangal singh is covered by section 6 of the act. learned counsel placed reliance on two decisions of the supreme court reported as ramji missar and anr. v. state of bihar : air1963sc1088 and rattan lal v. the ..... provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or ..... has been left to be guided by a variety of considerations. i am, therefore, satisfied that the case of the accused man-gal singh is not covered by section 6 of the act. though mangal singh was young, the attack was made by him with a sword on a person who was sleeping in the early hours. a number of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj269; 1971(4)WLN13
..... coparcenary property, because the widow had not claimed partition till then. we have heard the learned counsel for the parties and considered the rival contentions with case.section 3 of the act reads as follows:'3(1) when a hindu governed by the dayabhaga school of hindu law, dies intestate leaving any property, and when a hindu governed by ..... considered the evidence and the relevant law on the subject he held that in view of the provisions of section 3 of the hindu women's rights to property act, as amended by act xi of 1938 (hereinafter referred to as the act) smt. keshar bai succeeded to the interest of her husband in the joint hindu family property along ..... hindu widow wasonly entitled to a right of residence andmaintenance from the other coparcenersof the family. but by the provisions ofsub-section (2) of section 3 of the act onthe death of a coparcener governed bythe mitakshara school of hindu law,his widow will have in the property thesame interest as her deceased husbandhad. the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN115
..... be withheld from the plaintiff's special contribution to the provident fund. the plaintiff filed/ appeal before the railway board, but was unsuccessful and ultimately after serving a notice under section 80 civil p.c. he instituted the present suit out of which this appeal arises in the court of munsiff, ajmer city praying that a decree for rs. 500/- which ..... whether the reply submitted by the plaintiff was at all considered. its full contents are as follows:i agree the provisional decision of my predecessor to withhold rs. 500/- from section c. to p. f of shri garg is confirmed.it appears that the sole basis for this order, as nothing to the contrary has been pointed out, was the report .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971CriLJ1650; 1971(4)WLN108
..... is a settled law that the report of the public analyst is, without any other proof, admissible in evidence and the presumption of illustration (e) to section 114, evidence act, would apply to such a case. it is, however, a rebuttable presumption, but in the instant case no rebuttal evidence on the point is forthcoming ..... ex. p. 5. thereafter a complaint was made in the court of the municipal magistrate, udaipur, against the accused motilal for his prosecution under section 16 read with section 7 of the act. the accused denied 'the commission of the offence. the prosecution examined four witnesses, namely, sham-bhoo narain, food inspector, p.w. 1, and ..... by the commissioner. the commissioner, municipal council, udaipur, has not been examined in this case. a presumption under illustration (e) to section 114 of the evidence act arises that the official act has been regularly performed. the statement of the' food inspector in the examination-in-chief, as referred to above; could not be rebutted .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN74
..... memo ex. p. 3. the watch was found in the p.w.d. nursery well, falling on ajmer-jaipur road. tillumal furnished information to the police under section 27 of the evidence act, that he had thrown the watch into the well: vide ex. p. 10. pursuent to that information of the accrued under memo ex. p. 9. it ..... danger of convicting a prisoner on the uncorroborated testimony of an accomplice.keeping in view the above authorities, it is clear that the combined effect of sections 133 and 114 illustration (b), evidence act, is that an accomplice is to give evidence and it is almost always unsafe to convict upon the evidence of an approver alone. therefore, ..... term 'accomplice'. an accomplice is one concerned with another or others in the commission of a crime: see wharton law laxicon, 5th edn. and wharton. cr. ev. section 440. persons who are 'particeps criminals' in respect of the actual crime charged, whether as principals or accessories before or after the fact are accomplices. this is surely the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj173; 1972()WLN476
..... trial court clearly went wrong in entering into the controversy whether the registration was not complete on account of the non-comphance with the provisions of section 61 of the registration act. the defendants did not take any plea that the endorsement and certificate were not copied in the margin of the register book. the sub-registrar ..... the trial court emphasised that the endorsement and certificate were not proved to have been copied in the margin of the register book as required by section 61 of the registration act.17. as regards issue no. 8 (a), the trial court held that the mortgagors having failed to deliver the possession of the mortgaged property ..... question as regards defendant no. 1 mohanlal alone on 19-5-1947 and did not proceed to complete the registration of the deed as required by section 61 of the registration act, because there was time left for other executant, viz., bhanwarlal to make appearance before him for registration purposes. consequently, it held the deed as .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN56
..... need not have shown that he attempted to serve the notice on any member of the defendant's family or his servant and the provisions of section 106 of the transfer of property act will be deemed to have been sufficiently complied with by proof of the fact that it was not practicable to serve the notice on the defendant ..... of the defendant's family or servants at his residence. some argument was advanced by the learned counsel for the respondent that the word 'residence' as used in this section is of wide import and includes within it's a cope the business premises of the tenant also. in this connection be has relied upon 1970 rent control reports ..... the defendant, family or servants at his residence would be sufficient compliance with the provisions of section 106 of f he transfer of property act3. the relevant portion of section 106 t.p. act with which we are concerned reads as under:every notice under this section must be in writing signed by or on behalf of the persons giving it, and .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN37
..... who stated that he did not see him selling milk. the trial court, relying upon the testimony of p.w. 1, convicted the accused khaju under section 16, read with section 7 of the act and sentenced him to six months' rigorous imprisonment and to pay a fine of rs. 1000/-, in default to further undergo rigorous imprisonment for 3 months. the ..... now take up the second point pressed on behalf of the petitioner regarding the non-examination of 'motbirs'. learned counsel for the petitioner submits that under sub-section (7) of section 10 of the act, when food inspector takes a sample, he has to call one or more persons to be present when such action is taken and to take his ..... the nutrition for which he has paid for are writ large in the process of adulteration of milk.in that case the accused beharilal was convicted under section 16, read with section 7 of the act by the sub-divisional magistrate, aklera, and was sentenced to pay a fine of rs. 20/-, only. this court, on a reference having been made .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN155
..... amounts to breach of duty towards the person claiming it. it is established that a public authority whether doing an act which it is its duty to do or doing an act which it is empowered to do must in doing the act do it without negligence, or must not do it carelessly or improperly. here the ungrounded earthwire was lying on the .....
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