Court : Rajasthan
Reported in : 1980WLN(UC)204
..... and recorded their plea. all of them denied the charges and claimed to be tried. to substantiate its case prosecution examined 18 witnesses in all. in their statements under section 342, cede of criminal procedure (old) jetha and mod totally denied the allegations. sardara stated that on the night amar singh, datar singh and bhoor singh came ..... the quarrel having taken place at the house of sardara, the (sic)liding of the leaned additional sessions judge that the deceased and his associates were aggressors and the act of the respondents was in exercise of right of private defence can not be said to be justified. controvesting these arguments mr. m.c. bhandari, learned counsel ..... held that it was voluntarily made and at that time the maker of it was mentally and physically fit to narrate the incident, the dying declaration can be acted upon even without any corroboration. the sanctity of dying declaration need not be emphasised because the maker of it being on the verge of death is not likely .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981(8)ELT772(Raj)
..... rajasthan or any person invested by the government of the powers of any officer under the ordinance. in this connection reference has also been made to section 13 of the finance act, 1950. section 13 of the finance act, 1950 may be reproduced here for ready reference :-'13. repeals and savings-(1) if immediately before the 1st day of april, 1950, there ..... may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this act had not been passed.'44. by virtue of section 11 of the finance act, 1959, the central excises and salt act, 1944, was extended to rajasthan, which was then a part b state so that on april 1, 1950, the ..... state of rajasthan was entitled to recover from the defendant as on april 1, 1949, before the centra) excises and sale act of 1944 was extended to the state of 'rajasthan by section 11 of the finance act of 1950. in union of india v. maharaja kishangarh mills ltd.1, while dealing with the question of the authority of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1980WLN(UC)415
..... appellant or his advocate.2. petitioner, balkishan was tried and convicted by the special judge (anti-corruption department), rajasthan, jaipur under sub-section 161 ipc and section 5(1)(d) of the prevention of corruption act under both the counts, he was sentenced to undergo one year's rigorous imprisonment and to pay a fine of rs. 200/. in ..... who is practising at jodhpur. the beech of the rajasthan high court was (sic)eicablished and started (sic)fanc*iin161 ipc and section 5(1)(d) read with section 5(2) of the prevention of corruption act. but while affirming the order of conviction, the learned single judge held that the quantum of sentenoe will be considered later. it ..... re-called, the seme having been passed without affording an opportunity of hearing to the accused petitioner.6. i, then fore, deem it proper to allow this application under section 482 cr. p.c. in the facts and circumstan(sic)es of this case, under of this court (sidhu, j.) dated 5-11-1978 confirming the conviction .....
Tag this Judgment!Court : Rajasthan
Reported in : 1980WLN577
..... sub-rule (7) of rule 3 of o. xxxvii, . the decisions delivered in srinivasan v. bhakthavatsalu air 1953 mfdrrs 909 and karan singh v. chahal finance pvt. ltd. 1968 plr (delhi section) 329 are nearer home. respectfully) following the principles laid down therein, i am of opinion that the learned district judge has exercised his jurisdiction illegally or at ..... . by punjab amendment sub-rule (3) to rule 3 of o. xxxvii of the code of civil procedure was added according to which the provisions of section 5 of the indian limitation act, were made applicable to applications for leave to appear and defend the suits under sub-rule (1) of rule 1 of o. xxxvii of the code. ..... when the summons does not specifically fix a date for the hearing in such circumstances one cannot say definitely that the period of ten days fixed under article 159, limitation act is an inflexible one. i am, therefore, inclined to agree with black j. and hold that 'un debits justifies' leave to defend ought to have been granted.8 .....
Tag this Judgment!Court : Rajasthan
Reported in : [1982]50STC89(Raj)
..... could not have exercised jurisdiction merely relying on indl. chemicals and plastics' 'case 1974 rrd 407. mr. singhal contended that the scope of section 17 of the act is limited to correct any arithmetical or clerical mistakes or any error apparent on the face of the record arising or accruing from accidental slip or omission ..... in dismissing the special appeal on 31st july, 1974. it is also argued that even in the rectification application submitted by the assessing authority under section 17 of the act no such allegation was made that shri tunwal had been authorised and the board in accepting the application by its order dated 16th october, 1976, ..... 'c' ward, comp. dist. ii, calcutta : [1972]83itr848(cal) and jaipur finance and dairy product pvt. ltd., pilani v. commissioner of income-tax, jaipur .7. mr. mehta, the learned counsel for the department, contended that under section 17 of the act, the mistake could be rectified within four years. the special appeal was submitted by shri .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1981Raj266
..... namely, raja gopalan v. rajamma, air 1967 ker 181 and sachindra nath biswas v. smt. banmala biswas, air 1960 cal 575. in all these authorities under section 25 of the act, there is a provision that the conduct of the parties and the other circumstances of the case are also to be taken into consideration. none of these authorities ..... it is not incumbent to pass an order, and notwithstanding the existence of two conditions, the court may in a proper case refuse to pass an order under section 24 of the act. therefore, in exercise of its discretion, the court is competent to consider the conduct of the parties and the other circumstances of the case, though, by ..... and other circumstances of the case are to be taken into consideration by the court while fixing permanent alimony and maintenance, but there is no such provision under section 24 of the act. but, it is within the discretion of the court to make an order for pendente lite maintenance, and merely because two of the conditions, namely, the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981WLN127
..... for the purpose of securing the location of the primary health centre in their village. the order made in derogation of the proviso to sub-section (1) of section 72 of the act is also bad.after giving a categorical finding that the impugned order was illegal on a number of grounds, refused to interfere under article 226 ..... order of refixation of pay of the petitioner in pursuance of the order of the chief justice without moving the government for the same and without consulting the finance department. it was all the more necessary because the earlier order was of the government and the government, alone should have been asked to alter or amend ..... government of rajasthan23. it is little surprising how this order was altered by the registrar without even making a reference to the government and taking concurrence of the finance department. this aspect of the case would be dealt with little later when the precise objections of mr. shishodia in this respect are considered24. the net result .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981WLN551
..... ;ksxsunz ukfk nqcs funs'kd iz'kklfud vf/kdkjthe reason for order of suspension is that bhanwar lal chandalia has been convictedfor offence under section 161 i.p.c and under section 5(2) of the prevention of corruption act by special judge, kota.5. this suspension order has teen challenged in this writ application. mr. vimal chaudhary learned counsel for the petitioner .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981CriLJ1244; 1981()WLN274
..... documents' in support of his contention that the opinion as to whether a paper has been torn from a copy is an opinion which is admissible under section 45 of the evidence act. he submits that the various circumstances on which reliance has been placed by the learned sessions judge are proved by convincing evidence, and the chain of ..... shoes were rocovered from the well, and therefore, the information of the accused with regard to the geometry box and the pair of shoes is admissible under section 27 of the evidence act. according to the learned advocate, there is no material on record that the geometry box (article 6) was with the deceased when he left for his ..... thus, to our mind, the geometry box and the pair of shoes belonged to deceased rajesh, and were recovered on the discovery statement of the accused furnished under section 27 of the evidence act.recovery of practical copy ex. p. 57.19. the accused gave information to the station house officer, inderpal singh (pw 18) on may 7, 1978, .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1982Raj169; 1981()WLN112
..... to say that the government tender notice is only an invitation to offer. no proposal has been made by the government within the meaning of section 2(a) of the contract act. the proposal has actually emanated from the tenderers. as such no ancillary contract can be said to have arisen from the facts of the ..... a further rejoinder to the replication was filed by the appellants. in view of some defect in verification of the affidavit of shri r. s. sharma, senior accounts officer. finance (w. & m.) department, rajaa-than, jaipur, his fresh affidavit was filed and further affidavit of shri k.l. goel, additional chief engineer (mech.), phed, was ..... by this tender a rate contract for purchase of pvc hose pipes was to be entered between the supplier on the one part and the stores purchase officer, finance department, government of rajasthan, on the other to supply to the government departments, local authorities and other organisations. the petitioner-respondents and others submitted their tenders in .....
Tag this Judgment!