Court : Rajasthan
Decided on : Jan-20-1949
Reported in : 1950CriLJ227
ORDERRamabhadran, C.J.1. This is an application in the nature of habeas corpus Under Section 491, Criminal P.C.2. The petitioner, Hari Datta, was arrested under Section. 3, Punjab Public Safety Act, as applied to Ajmer. Merwara, under the orders of the Adl ditional District Magistrate. He was ordered to be detained in custody for a month. That period has expired and the Provincial Government acting Under Section 3 (4), has directed his detention in custody until further orders.3. Mr. B. D. Sharma for the petitioner urged that the arrest and detention of the petitioner were illegal as the Additional District Magistrate had no authority to act Under Section 3, Punjab Public Safety Act. It was argued that it was only the Provincial Government or the District Magistrate who could have acted Under Section 8. Reliance was placed on Prabhu Lal v. Emperor A.I.R. (31) 1944 Nag. 84 : 45 or. h. 3. 296 wherein it was held that an Additional Distriot Magistrate may have all the powers of the Distri...
Tag this Judgment!Court : Rajasthan
Decided on : Feb-05-1949
Reported in : 1950CriLJ799
ORDERRamabhadran, J.C.1. The petitioner was convicted by Mr. E. D. Mehta, First Class Magistrate, of an offence under Section 326, Penal Code, and sentenced to undergo 6 months rigorous imprisonment. An appeal was dismissed by the learned Sessions Judge. Hence this revision petition.2. Mr. C. P. Mathur for the petitioner, argued firstly that the offence, if any, was one Under Section 321, Penal code and not Under Section 326. He elaborated this point by reference to the statement of Dr. Srilal, Sub-Assistant Surgeon, to the effect that there were no marks of disfiguration on ML Gyarsi's nose unless it was carefully examined. The Injury Export Ex. 6 shows a cut 1' x 1/2' x 1/2' on the bridge of the nose, Dr. Srilal was examined as P.W. 4 on 8th June 1948, when ho stated that the above-named injury was a grievous one and had been caused by a sharp weapon like a' razor or a knife. He added that the internal wall separating the two nostrils was intact. I do not agree with the learned Couns...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-09-1949
Reported in : 1950CriLJ771
ORDERAtma Charan, J.C.1. This is an application in revision by Gyani Kartar Singh from the order of Mr. Abdul Kauf, Magistrate, 1st Glass, Ajmer, convicting him Under Section 19, Punjab Public Safety Act (li [2] of 1947) as made applicable to the Province of Ajmer. Merwara and sentencing him to undergo two months rigorous imprisonment. His appeal before the Sessions Judge was dismissed, and he has now come up in revision before the Court.2. The facts of the case have been discussed at length in the judgments of the two Courts below, and need not be reiterated. The counsel for the applicant has raised two points before the Court firstly, that the Additional District Magistrate had no powers to have passed an order Under Section 4, Punjab Public Safety Act and secondly, that there is nothing on the record of the trial Court to justify the inference that he had attended a labour meeting.3. An order Under Section 4, Punjab Public Safety Act, as the very enactment stands, could be issued by...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-09-1949
Reported in : 1950CriLJ877
ORDERAtma Charan, J.C.1. This is an application in revision by Chhoga and three ofcher3 from the order of Mr. D. N. Roy, Sessions Judge, Ajmer-Marwara, Ajmer, dated 3rd June 1949, in appeal maintain, ing their conviction under Section 19, Punjab Public Safety Act (n [2] of 1947) as made applicable to the Province of Ajmer-Merwara and reducing their sentences each to three months' rigorous imprisonment and a fine of Bs, 200.2. The case of the prosecution was that the applicants had been served by the District Magistrate with written notices Under section i, Punjab Public Safety Act prohibiting them from attending or taking part in any labour meeting or in any movement subversive of law and order and that they inspite thereof attended a labour meeting and also joined a procession, wherein slogans with a view to creating public disturbance and inciting labourers to action were shouted. The two Courts below relied on the prosecution version of the story, and held that the applicants had no...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-12-1949
Reported in : 1950CriLJ864
ORDERAtma Charan, J.C.1. This is an accused's application for transfer of the case pending against them from Ajmer to Beawar. The application has been made mainly on the ground of convenience to the parties.2. It is an admitted fact that the applicants have not approached the District Magistrate in the matter first. When a remedy was open to the applicants in a lower Court there was no reason as to why they should have come up straightway before the higher Court, If there were any special reasons that prompted the applicants not to go to lower Court first, then they should have given those reasons. It has been held time after time by different High Courts that before an application is made to the High Court for transfer of a case the District Magistrate must be moved first. The High Court would not ordinarily entertain an application for transfer when the applicant could under the law have moved the District Court for the same relief and has not done be. The High Court would interfere ...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-25-1949
Reported in : 1950CriLJ843
ORDERAtma Charan, J.C.1. Heard the parties.2. It is a petty 'marpit' case in which the applicant along with her relations is said to have thrown stones at the complainant. The applicant is & 'pardanaBhin' woman, and her presence during the course of the complainant's evidence on this ground was dispensed with by the trial Court Under Section 205, Criminal P.C. The trial Court subsequently directed the applicant to present herself in person so that her statement be recorded Under Section 245, Criminal P.C. The applicant has come up in revision from this order of the trial Court,3. The trial Court in its order has given no reasons to show as to why it thought it necessary to direct the applicant to appear in person for recording her statement Under Section 2-15, Criminal P.C. The pleader who was appearing for her could have easily been asked to make the statement. It has been held from time to time by the Court that the provisions of Section 206, Criminal P.C. should be liberally constru...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-31-1949
Reported in : 1950CriLJ762
ORDERAtma Charan, J.C.1. The opposite party filed a complaint against the applicant in respect of offences punishable Under Section 417 and 424, Penal code. His case was that the husband of the applicant had borrowed a sum of RSection 1823 9.6, that the husband was dead and that he intended to file a civil suit foe recovery of the sum and put in an application for attachment of the gold that the husband of the applicant had left in deposit with the Hind Bank. The applicant gave him to understand that be need not worry as she intended to hand over the gold after she recovered it from the Bank. He accordingly did not file the intended suit. The applicant subsequently recovered the gold but did not pay him the amount due from her and concealed the gold. The case, as such, of the opposite party was that the applicant committed an offence punishable Under Section 417, Penal Code, in thus putting him off from filing the civil suit and committed an officer punishable Under Section 424, Penal ...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-09-1949
Reported in : AIR1950Raj2
Nawal Kishore, J.1. This judgment will dispose of two appeals Nos. 10, 12/1948.49 as they have arisen out of the same case. The facts relating to them are stated in detail in a single bench judgment of this Court dated 14th September 1946 in Civil Appeal case no. 160/1942-43 and therefore only such facts will be set out in this judgment as are directly relevant to the points agitated by the learned counsel in this Court.2. This litigation between the parties arose out of a dispute relating to certain salt business done by them in partnership. It is common ground that at Pachpadra salt business was carried on by the Government of Jodhpur and the British Government separately and this consisted of transporting salt from the salt pits to the Pachpadra railway station. The work of transporting the salt in connection with the business carried on by the British Government was done by Messrs. Badrinarain Chandan Mal, whereas Messrs. Gangabnx Gulabrai were agents of the Government of Jodhpur, ...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-27-1949
Reported in : AIR1950Raj14
1. This is a first appeal by the contesting defendants in a declaratory suit. The pedigree table so far as relevant to the matter in issue is as under : ZORAWAR SINGH _______________________________|__________________ | | Budh singh, His deoen- Sawai Singh dant in many degrees is | Bijoy Singh, the present Jawan Singh Thakar of Thikana Makrana. | Nand Singh _________________________________________________|______ | | | Gopal Singh Sursingh Pratapsingh | | ___________________________|______ Prem Singh Balsingh | | | Gulab Singh Anand Singh Dhokal Singh | ___________|____ _________|__________ | | | | | | Himmatsingh P-5 Hanumansingh P-6 Mool Singh D-3 Deep Singh D-1 |___________________________________________ | | | | | | Shivjising D-4 Narainsingh D-2 Kalyan Singh Jorsingh Monsingh Agarsing P-1 P-2 P-4 | Dhulsingh P-32. Kalyansingh, Jorsingh, Dhulsingh, Monsingh, Himmatsingh and Hanumansingh who are all descendants of Pratapsingh sued Deepsingh, Narsingh, Moolsingh and Shivjisingh in ...
Tag this Judgment!Court : Rajasthan
Decided on : Oct-05-1949
Reported in : AIR1950Raj16
1. These are three connected appeals, NOS. 1.3 of 1949, and all of them will be disposed of by this judgment. Balia, Moolia and Ramla have been convicted and sentenced under Section 302, Penal Code, to rigorous imprisonment for life each for causing the death of Lalia, and under Section 894, Penal Code to 7 years rigorous imprisonment each for robbing him of his money and ornaments. Both the sentences have been made to run concurrently. The three appeals referred to above have been filed by them.2. Lalia deceased, a young man of 94 years of age, was resident of Mirpur in Bind and came to Aimer in search of a match for himself. He was wearing a few silver ornaments and had RS. 500 with him, He knew Balia of Gola in Ajmer Merwara and therefore visited him. Balia brought him to Sumel in Marwar and they stayed with Ramla for 5 or 6 days. Moolia who cultivates a bera in this village also joined them and the deceased is alleged to have eaten 'Makkias' from his field a day before the occurren...
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