Court : Rajasthan
Decided on : Jan-31-1973
Reported in : 1973CriLJ1336; 1973()WLN153
..... case. there is no denying the fact that the case of the accused clearly falls under clause 2ndlv to section 300 i. p- c. as the act was done clearly with the intention of causing such bodily injury as the offender knew to be likely to cause ..... had no intention of causing more harm than was neces-sarv. in this connection, reference may, be made to exception 2 to section 300 i. p. c- which runs as under:exception 2. culpable homicide is not murder if the offender, in the exercise ..... dhanni argued that dhanni at the worst exceeded the right of private defence of property and in this connection, he relied upon section 104 ipc and submitted that the offence which was being committed by gabdu was one of theft and criminal trespass and that gave ..... the death of gabdu. it is even conceded by learned counsel for the convict that the offence can be taken out of the purview of section 302 .....
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 : 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-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 .....
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 : 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 : Dec-04-1973
Reported in : 1973(6)WLN972
..... not tenable and thus the question arose before their lordships for consideration as to the scope and effect of section 34 ipc. their lordships observed:to invoke the aid of section 34 successfully it must be shown that the criminal act complained against was done by one of accused persons in furtherance of the the common intention of all; ..... by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.14. according to this section the act must be done in furtherance of the common intention common intention necesserily implies the prearranged plan. in other words ..... this being the principle, it is clear to their lordships that common intention within the meaning of section implies a pre-arranged plan, and to convict the accused of an offence applying the section it should be proved that the criminal act was done in concert pursuant to the pre-arranged plan. as has been observed, it is difficult .....
Tag this Judgment!Court : Kolkata
Decided on : May-30-1973
Reported in : AIR1974Cal119,78CWN285
..... buxi, advocate), appearing on behalf of the defendants-opposite parties, joined issue. he raised a preliminary objection relating to the maintainability of the present rule under section 115, code of civil procedure, besides giving his replies to the three-fold submission made by mr. roychoudhury on behalf of the plaintiff-petitioner, and raising two ..... this context are now well-settled. the observations of sir barnes peacock in the case of rajah amir hassan khan v. sheo baksh singh reported in (1884) 11 ind app 237 that 'whether they decided rightly or wrongly, they had jurisdiction to decide the case; and even they decided wrongly they did not ..... , advocate (with mr. narayandas das, advocate), appearing in support of the rule, made a three-fold submission. he contended firstly that the learned munsif has acted illegally and with material irregularity in the exercise of his jurisdiction on the question of irreparable injury; and secondly, that he further erred in his approach to the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-29-1973
Reported in : AIR1975SC534; 1975LabIC361; (1974)3SCC327; [1973]3SCR830
..... west bengal declared the appellant to be a public utility service in exercise of the power conferred by sub-clause (vi) of clause (c) of section 2 of the industrial disputes act, 1947, and also as 'essential service' under the defence of india rules. it is said as a unit of engineering industry, the appellant was a ..... the holidays which were being granted were reduced to ten from the number which the workers were enjoying previously in accordance with those sanctioned under the negotiable instruments act i.e., 16 holidays.9. on giving the matter careful consideration, we find no reason or justification for unpaid holidays not being curtailed in the present case. ..... were standardised. the appellant has been granted leave and holidays as per those awards and in accordance with the provisions of the factories act, the shops and establishment act and the employees state insurance act. the paid holidays which are being granted are ten in a year. there used to be a system in the appellant company' .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-30-1973
Reported in : AIR1973Cal488
..... realise and collect the entire consolidated rate from the petitioner being the owner of the premises is dependent upon the provisions of section 200 of the calcutta municipal act, 1951. section 200 of the said act is in the following terms:--'if any land or building is ordinarily occupied by more than one person holding in severalty, ..... shares of the consolidated rate to the corporation, the commissioner, in my opinion, is bound to take resort for the purpose of speedy realisation to section 200 of the act. if either of these conditions are not fulfilled and if the occupiers do not voluntarily pay their shares, then and under those circumstances, in my ..... four notices of proposed amalgamation stood cancelled and separate notices for revaluation would be issued. on the 12th of september, 1960, seventeen notices under section 180 of the act of 1951 one in respect of each of the said seventeen premises, intimating the petitioner about the increased annual valuation of the said premises with .....
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