Court : Rajasthan
Decided on : Feb-26-1973
Reported in : 1974CriLJ581; 1973()WLN322
..... useful to bring out important legal provisions and the practice which was prevalent before the passing of the new limitation act. reference may first be made to the provisions of sections 435. 437 and 439 of the criminal procedure code. under section 435, cr.p.c. concurrent jurisdiction in the matter of revision has been conferred upon the district magistrate. sessions ..... sessions judge and revise any order or make enhancement in the sentence and also do : any of the acts contemplated under section 439. cr.p.c.5. prior to the promulgation of the article 131 of the indian limitation act. there was a well-settled practice prevalent in almost all the high courts and more specially in this court ..... cr.p.c.. in respect of an order passed by the magistrate under section 145 of the code and the aggrieved party files a revision before the high court, the order to be revised as contemplated by art 131 of the new limitation act. is the order of the magistrate and not the order of the sessions refusing .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-02-1973
Reported in : 1973(6)WLN267
..... properties can be held to be the personal properties have been clearly defined and prima facie the property has to fulfil the requirements of sub-section (1) of section 23 of the act. therefore, in the present case it is not satisfactorily established that the jagir commissioner could have declared the property in dispute to be the ..... sadas was disposing of certain house sites inspite of the fact that jagirdar had applied for inclusion of such house site in his private property under section 23 of the act. on this the tehsildar had made an inquiry and had also taken a reply from the gram panchayat. the gram panchayat had taken the position ..... predecessor atleast from 1948, if not from before thus, according to learned counsel, the necessary condition for the jagir commissioner to exercise his jurisdiction under section 23 (2) of the act being wanting the jagir commissioner has committed an error of jurisdiction in declaring the house site to be the property of the ex-jagirdar. learned .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-06-1973
Reported in : 1973(6)WLN180
..... 55 of the civil services (classification, control and appeal) rules, is bodily lifted out of the rules and together with an additional opportunity embodied in section 240(3) of the government of india act, 1935, so as to give a statutory protection to the government servants and is now incorporated in article 311(2) so as to convert the ..... against the penalty of removal proposed by the appointing authority or subsequently at any stage, such as, as in the departmental appeal or in the notice of suit under section 80 civil procedure code. according to learned counsel, it was only in the amended plaint that this ground was raised for the first time; no such ground having been taken ..... he was visited with the penalty of removal from service by the security officer he went up in appeal, but without any success. he then served a notice under section 80 civil procedure code on the union of india and on 2.3.67 instituted the suit in the court of munsif, ajmer city (east). the plaint was later on .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-09-1973
Reported in : AIR1973Raj219; 1973()WLN200
..... are vague and in absence of a corroborative evidence it is difficult to accept the version of the appellant explaining the delay. the provisions of section 5 of the limitation act in a proper case may be construed liberally but that could be only done if there was no negligence or inaction on the part of the ..... was sufficient cause for the delay in making the application for bringing the legal re-presentatives of the deceased respondent on record and claimed benefit of section 5 of the limitation act praying for setting aside the abatement of the appeal the question that naturally arises for our consideration therefore is whether there is sufficient cause for ..... r, 4. c.p..c. this application was accompanied by affidavits of the appellant himself and that of babhutdan. an-other application was made under section 5 of the limitation act on 4th january, 1972 wherein it was prayed that the delay in filing the application be condoned. this application was also supported by affidavits of the .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-09-1973
Reported in : AIR1974Raj4; 1973()WLN424
..... made by him in pursuance of the grant of the mining lease. he did not clearly intend to give the money to the state gratuitously. section 70 of the contract act provides that where a person law-fully does anything for another person or delivers anything to him not intending to do so gratuitously and some ..... can also prescribe the manner, the authority and other incidental matters for granting such a lease. the central government in exercise of the powers conferred by section 3 of the act of 1948 made 'the mineral concession rules, 1949'. rule 4 of the rules of 1949 provided that these rules shall not apply to minor minerals, ..... compensation. the land acquisition officer awarded compensation. rameshwar daval not being satisfied with the award asked the land acquisition officer to make a reference under section 18 of the land acquisition act. the district judge, kota, who heard the reference, increased the amount of compensation. it was against that order of the learned district judge that .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-16-1973
Reported in : AIR1974Raj1; 1973()WLN210
..... consider in the cited case. therefore, in the present case as the panchayat was undoubtedly purporting to act under section 26 of the act and as it was so acting in its official capacity the provisions of sub-section (2) of section 79 of the act are very much attracted. 12. the last case namely. 1970 wln 697 = (air 1971 raj ..... additional munsif merta. 3. the learned munsif, inter alia, held that it was necessary for the plaintiff to have given a notice under sub-section (2) of section 79 of the act to the gram panchayat before filing the suit. consequently the learned munsif dismissed the suit. 4. aggrieved by the judgment and decree of the learned ..... appeal raises a short question whether before filing a suit against the gram panchayat a notice was necessary to the panchayat under section 79(2) of the rajasthan panchayat act, 1953, hereinafter referred to as the 'act'.2. learned counsel for the appellant admits that no notice was given by the plaintiff-appellant to the gram panchayat. he .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-20-1973
Reported in : 1973(6)WLN259
..... of argument that m.s bansal accountant, municipal council, ajmer when he signed the agreement for arbitration (annexure 2) on 19th june, 1968 under section 10b of the act was not authorised to sign on behalf of the council, it cannot still be called a case of patent lack of jurisdiction. whether he was ..... 1968 between the municipal council, ajmer (hereinafter called 'the municipality') and the president, nagar parishad karamchri sangh, ajmer (hereinafter called 'the sangh') under section 10 b of the act. it was published in the rajasthan government gazette on 5th september, 1969. the assistant labour commissioner (centre) ajmer being the arbitrator requested the parties by ..... inter alia,, on the ground that the agreement to refer the matter to arbitration was not executed by a proper authority as required under section 80 of the municipalities act; that in point of fact as early as 1931 the then municipal committee of ajmer had described the designation of choudhary as a superior servant .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-21-1973
Reported in : AIR1973Raj317; 1973()WLN249
..... place or in any other place for the purpose of carrying passengers or goods unless the vehicle is registered in accordance with chapter iii of the act.12. another important section is 31 of the act and it reads as follows:--'31. where the ownership of any motor vehicle registered under this chapter is transferred,-- (a) the transferor shall, within ..... india general insurance co. ltd. v. captain itbar singh, air 1959 sc 1331, where their lordships of the supreme court were called upon to interpret section 96 of the motor vehicles act. it was observed:'to start with it is necessary to remember that apart from the statute an insurer has no right to be made a party to ..... lal to sardar -brijendra singh.11. learned counsel for the parties have also argued another aspect of this matter and we have considered that as well. section 22 of the motor vehicles act provides that no person shall drive any motor vehicle and no, owner of a motor vehicle shall cause or permit the vehicle to be driven in .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-21-1973
Reported in : 1973(6)WLN385
P.N. Shinghal, J.1. The petitioner was serving as Head Constable in Police Lines, Sirohi, when he was placed under suspension on February 22, 1964. The Superintendent of Police ultimately passed an order (Ex. 1) on June 10, 1965 reverting him to the post of Constable for a period of six months and forfeiting half his salary for the suspension period. The Deputy Inspector General of Police thereupon issued a notice (Ex-2) to the petitioner on April 12, 1966 to show cause why the penalty should not be enhanced in view of the gravity of the charges against him. The petitioner contested that notice on the ground, inter alia, that an action for the enhancement of the penalty had not been initiated within six months, it was not permissible to enhance the penalty. The Deputy Inspector General, however, enhanced the penalty by order Ex.3 dated July 26, 1966 by reducing the petitioner to the rank of Constable for a period of two-and a-half years. He however allowed him the maximum pay of the Co...
Tag this Judgment!Court : Rajasthan
Decided on : Mar-21-1973
Reported in : 1974CriLJ43
..... the uncorroborated testimony of an accomplice.illustration (b) to section 114, evidence act however provides:that an accomplice is unworthy of credit, unless he is corroborated in material particulars.reading these two provisions together the courts in india ..... buksh 5 wr cr 80 that the law relating to accomplice evidence was the same in india as in england. then came the indian evidence act, which by section 133 enacts that;an accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon ..... bhikha ram was made an approver by the orders of the district magistrate, ganganagar. learned munsiff-magistrate, bhadra, conducted preliminary inquiry in accordance with the provisions of section 207a, cr. p. c. and committed accused sardara ram and tulsi for trial to the court of sessions judge, ganganagar. he, however, discharged mukand singh .....
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