Court : Rajasthan
Decided on : Mar-21-1973
Reported in : 1973(6)WLN436
..... the uncorroborated testimony of an accomplice.illustration (b) to section 144, 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 ..... 5 w r. cr. so that the law relating to accomplice evidence was the same in india as in england. then came the india 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 and .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-02-1973
Reported in : AIR1974Raj16; 1973()WLN264
..... city. jaipur. consequently, the defendant mannalal has come in second appeal.6. learned counsel for the appellant has urged that by virtue of section 40 of the transfer of property act the appellant is entitled to enforce the contract regarding delivery of another suitable shop to him against the purchaser radheyshyam to the same extent as ..... transfer. in my opinion none of these sections can be of any help to the appellant. the appellant has denied his status as licencee as ..... against the vendor avni kumar. he has further referred to section 48 of the transfer of property act dealing with priority of rights created by .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-05-1973
Reported in : 1973CriLJ1871; 1973()WLN365
..... contention raised on behalf of the accused before the learned additional sessions judge.7. what we have said in respect of compliance of sub-section (6) of section 3 of the said act applies with equal force to the objection that the prosecution should have proved that the central government was of opinion that it was necessary ..... period within which it must be placed before the parliament has not been specified. it is, therefore not possible to hold that sub-section (6) at section 3 of the essential commodities act mandatory. if the legislature- intended that in order to provide an adequate safeguard was necessary to make the said provision mandatory it could ..... judge committed an error of law in acquitting the accused on the ground that the state had failed to show as required by sub-section (6) of section 3 of the essential commodities act, 1955 that the rajasthan foodgrains (restrictions on border movement) order, 1959 was laid before both the houses of parliament and further that .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-09-1973
Reported in : (1974)IILLJ318Raj; 1973()WLN389
..... a reference to regulation 9 of the rajasthan state electricity. board employees (classification, control and appeal) regulations, 1962, in which it has been stated that an employee charged for an act of misconduct is liable to be suspended by the competent authority. he has also placed reliance on s. pratap singh v. state of punjab : (1966)illj458sc . a perusal of the ..... permanent member of a service, unless of course the rules under which he is appointed expressly provide for such a result. therefore, even though a probationer may have continued to act on the post to which he was appointed by probation for more than the initial period of probation, he cannot become a permanent servant merely because of the efflux of .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-24-1973
Reported in : 1973(6)WLN303
..... referring to the decisions cited by mr. ganpat singh. stated briefly, their lordships have declared the law relating to the definition of 'industry' in section 2(j) of the act as follows,--(1) every case of employment is not necessarily productive of an industry, for domestic employment, administrative services of public officials, etc. cannot ..... (1970)iillj266sc .5. a number of decisions have been rendered by their lordships of the supreme court on the meaning of 'industry' as defined in section 2(j) of the act. their lordships' decision in the case of safdar jung hospital : (1970)iillj266sc has settled and declared the law on the point, after a review of ..... they formed part of the petitioners conditions of employment.4. in support of his argument that the defence laboratory was an 'industry' within the meaning of section 2(j) of the act, the petitioner's learned counsel has placed reliance on the decisions in baroda borough municipality v. its workmen and ors. : (1957)illj8sc , ahmedabad .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-26-1973
Reported in : AIR1974Raj73; 1973()WLN408
..... his client accordingly and the appeal was preferred on september 16. 1967 late by four days and, therefore, he claims that there is sufficient cause under section 5 of the limitation act for condoning the delay. he placed reliance on the state of west bengal v. the administrator. howrah municipality, air 1972 sc 749. the learned counsel ..... d. p. gupta raised an interesting question that the rajasthan premises (control of rent and eviction) act was limited in its applicability to the premises situate within rajasthan as laid down by section 2 thereof and the bombay rent act could not apply because the contract was made in rajasthan. it is| not necessary to examine this ..... district judge, jaipur district, who found that the civil judge had no jurisdiction on account of section 28 of the bombay rent control act, 1947. the matter came before this court and it was held that the bombay rent control act. 1947 had a limited applicability and could not oust the jurisdiction of the rajasthan courts. .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-26-1973
Reported in : AIR1974Raj77; 1973()WLN413
..... fact that unless exceptional circumstances exist a mortgage has to be redeemed in entirety this would be clear from the concluding para of section 60 of the transfer of property act, 1882, which is as follows;--'nothing in this section shall entitle a person interested in a share only of the mortgaged -property to redeem his own share only, on payment of a ..... that redemption should be allowed in part.9. in air 1923 mad 533 krishnan j. observed as follows: --'taking the first question first there can be no doubt that under section 60 of the transfer of property art a person entitled to a share only on payment of his proportionate share of the mortgage money except in the only case where ..... a special statute which is giving relief not to debtors in general but only to a specified class of debtors viz. those who are agriculturists as defined in the act and to this extent it was held that it trenches upon general law.6. in air 1954 madh bha 67 the learned judge held that when there has been a .....
Tag this Judgment!Court : Rajasthan
Decided on : May-02-1973
Reported in : AIR1974Raj49; 1973()WLN481
..... outside madhya bharat. in view of this authority the claim, under the decree passed, by churn court, could not, be held to be provable under section 45 (2) of theinsolvency act which contemplates the release of those debts which are provable under the insolvency law. mr. jain, however, urged that the proposition laid down in air ..... not be executed after the order of discharge. in this connection the learned counsel drew our pointed attention to sub-clause (2) of section 45 of the presidency towns insolvency act wherein it has been provided that the order of discharge shall release the insolvent from all debts provable in insolvency. before we deal with ..... to whether the property had vested in the official assignee. in order to determine this question, it will be relevant to read section 17 of the presidency towns insolvency act which runs as under:--'section 17. effect of order of adjudication:-- on the making of an order of adjudication, the property of the insolvent wherever situate shall .....
Tag this Judgment!Court : Rajasthan
Decided on : May-07-1973
Reported in : AIR1974Raj18; 1973()WLN382
..... of the matter it was held that there is no material variance in the description of the person, who brought this suit and the person who sent the notice under section 80, civil p. c.12. in the instant case a pointed objection was taken by the defendant in his written statement and from the facts and circumstances mentioned ..... exercised with the permission of the court. if the court grants permission to one person to institute such a representative action and if that person had served the notice under section 80, the circumstance that another person had joined him in serving the notice, but did not effectuate that notice by joining in the suit, would not be a sufficient ..... for decision in this second appeal by the plaintiff is whether the learned senior civil judge, gangapur was right in holding that the notice issued by the appellant-plaintiff under section 80, civil p. c. is defective and, therefore, the suit is not maintainable ?2. the plaintiff's case as set out in the plaint is that he is .....
Tag this Judgment!Court : Rajasthan
Decided on : May-07-1973
Reported in : 1973(6)WLN587
..... the government was working against the petitioner. from the totality of the circumstances placed on the record, there is no escape from conclusion that the power under sub-section (2) of section 40 of the act was misused by the government with a malafide intention to humiliate the petitioner.28. for the reasons mentioned above, the writ petition is allowed. the order dated ..... it cannot switch on to another alternative and cannot initiate the enquiry without receiving the report of the collector if called under rule 3 of the said rules.14. section 40 of the act when carefully perused with rules 3. 4 and 5 of the rules make it abundantly clear that the law confers a power on the state government to serve ..... the state of a man's mind, for that is what the appellant has to establish in this case, though this may sometimes be done (see edgington v. fitzmau-rice, (1884) 29 ch d 459,. the difficulty is not lessened when one has to establish that a person in the position of a minister apparently .....
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