Court : Rajasthan
Reported in : 1998CriLJ3595; 1998(2)WLC737; 1997WLC(Raj)UC196; 1998(1)WLN125
..... (i) of any offence punishable under any of the following sections of the indian penal code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200,205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any court, or(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any ..... take cognizance -(a) (i) of any offence punishable under 'sections 172 to 188 (both inclusive) of the indian penal code (45 of 1860), or. ..... against the accused revision petitioners under sections 420, 466, 471, 209 and section 120b of the indian penal code and proceeded to try the same ..... will, therefore, be seen that the criminal procedure code describes taking of cognizance of an offence described in section 463 or punishable under section 471, section 475 or section 476 of the code when such offence is committed in respect of a document produced or given in evidence in a proceeding ..... officer, after investigation, filed a challan and a report under section 173 of the code of criminal procedure before the judicial magistrate, 1 st class, jaisalmer, who, after rejecting the application for quashing the prosecution for want of complaint under section 195 of the code of criminal procedure, proceeded to frame charges as aforesaid by the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009CriLJ2298; RLW2009(3)Raj2117
..... both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any court, or(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 475, of the said code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any court ..... for offences relating to documents given in evidence : (1) no court shall take cognizance:(a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the indian penal code (45 of 1860), or(ii) of any abetment of, attempt to commit, such offence, or(iii) of any criminal conspiracy to commit, such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;(b) (i) of any offence punishable under any of the following section of the indian penal code (45 of 1860), namely, sections 193 to 196 ( ..... order, the high court of madras quashed the prosecution of the respondents, which was launched under sections 467, 468, 471 and 477-a read with section 34 of the penal code (for short 'ipc') on the ground that the complaint was barred under section 195(1)(b)(ii) of the code of criminal procedure, 1973 (for short 'cr.p.c'). .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006CriLJ2058; 2006FAJ107; RLW2006(1)Raj595; 2006(2)WLC420
..... a report signed by a public analyst, unless it has been superseded under sub-section (3), or any document purporting to be a certificate signed by the director of the central food laboratory, may be used as evidence of the facts stated therein in any proceeding under this act or under sections 272 to 276 of the indian penal code (45 of 1860):[provided that any document purporting to be a certificate signed by the director of the central food laboratory (not ..... being a certificate with respect to the analysis of the part of the sample of any article of food referred in the proviso to sub- section (1-a) of section 16 shall be final and conclusive evidence of the ..... the director of the central food laboratory under sub-section (2-b) is produced in any proceeding under this act, or under sections 272 to 276 of the indian penal code (45 of 1860), it shall not be necessary in such proceeding ..... the institution of prosecution against the person from whom the sample of the article of food was taken and the person, if any, whom name, address and other particulars have been disclosed under section 14-a, forward, in such manner as may be prescribed, a copy of the report of the result of the analysis to such person or persons, as the case may be, informing such person .....
Tag this Judgment!Court : Rajasthan
Reported in : [2001]121STC311(Raj); 2001(4)WLC115; 2000(3)WLN445
..... (central act v of 1908) when trying a suit, in respect of the following matters arising in any proceeding under the act, namely :-- (a) enforcing the attendance of any person and examining him on oath or affirmation ;(b) compelling the production of documents ; and(c) issuing commission for examination of witness ; and the proceeding before the said officer or authority shall be deemed to be a judicial proceeding within the meaning of sections 193, 196 and 228 of the indian penal code (central act xlv of 1860).'88. ..... (4) where any goods in movement, other than exempted goods are without documents, or are not supported by documents as referred to in sub-section (2), or documents produced appear false or forged, the in-charge of the check-post or the officer empowered under sub-section (3), may-- (a) direct the driver or the person in-charge of the vehicle or carrier or of the goods not to part with the goods in any manner including by retransporting or rebooking, till a verification is done or an enquiry is made, which shall not ..... of the goods a reasonable opportunity of being heard and after having held such enquiry as he may deem fit, shall impose on him for possession or movement of goods, whether seized or not, in violation of the provisions of clause (a) of sub-section (2) or for submission of false or forged documents or declaration, a penalty equal to the amount of five times of the tax leviable on such goods or thirty per cent of the value of such goods, whichever is less. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC556
..... the tribunal shall be deemed to be a judicial proceeding within the meaning of section 193 of indian penal code, 1860. 4 ..... judge has decided the law point behind the back of the appellant at the admission stage and without even issuing notice the learned judge decided a law point that under section 5 and 6 of the rajasthan civil services (service matters appellate tribunal) act, 1976, the tribunal is empowered to review its earlier judgment/order ..... . the tribunal shall be deemed to be a civil court for the purpose of section 345 and 346 of the code of criminal procedure, 1973 (central act 2 of 1974) and the contempt of courts act, 1971 (central act ..... noticed a provision in the rajasthan civil services matter appellate tribunal act 1976 namely section 5 which authorise the tribunal to follow such procedures as it may think ..... correcting clerical mistakes or errors arising from an accidental slip or omission there is no inherent power vested in the appellate authority exercising its appellate jurisdiction under section 12 to review a final decision given own merits inter parties.' (18) ..... shall, for the purpose of me disposal of the appeal under this act, have the powers of a civil court while trying a suit under the code of civil procedure, 1908 (central act 5 of 1908) in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person; (b) requiring the discovery and production of any documents: and (c) issuing commission for the examination of witness of documents. 2 .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006CriLJ1976; RLW2006(2)Raj1179; 2006(2)WLC358
..... laboratory [not being a certificate with respect to the analysis of the part of the sample of any article of food referred to in the proviso to sub-section (1-a) of section 16] shall be final and conclusive evidence of the facts stated therein.explanation-in this section and in clause (f) of sub-section (1) of section ..... report signed by a public analyst, unless it has been superseded under sub-section (3), or any document purporting to be a certificate signed by the director of the central food laboratory, may be used as evidence of the facts stated therein in any proceeding under this act or under sections 272 to 276 of the indian penal code, 1860 (45 of 1860).provided that any document purporting to be a certificate signed by the director of the central food ..... of the central food laboratory [under sub-section (2-b)[ is produced in any proceeding under this act, or under sections 272 to 276 of the indian penal code, 1860 (45 of 1860), it shall not be necessary in such ..... of prosecution against the person from whom the sample of the article of the food was taken and the person, if any, whose name, address and other particulars have been disclosed under section 14-a, forward, in such manner as may be prescribed, a copy of the report of the, analysis to such person or persons, as the case may be, informing such person or .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(4)Raj3427
..... before the rent tribunal or appellate rent tribunal shall deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the indian penal code, 1860 (central act no. ..... 5 of 1908) while trying a suit or an appeal in respect of following matters, namely:(a) summoning and enforcing the attendance of any person and examining him on oath;(b) requiring the discovery and production of documents;(c) reviewing its decision;(d) issuing commissions for the examination of witnesses or documents;(e) dismissing petition for default or deciding it ex-parte;(f) setting aside any order of dismissal of any petition for default or any order passed by it ex-parte;(g) bringing legal representatives on record; and (h) any ..... tribunal, upon filing of petition under sub-section (1), shall issue notice accompanied by copies of petition, affidavit and documents, if any, fixing a date not later than thirty days from the date of issue of notice requiring the tenant to submit reply accompanied by affidavits and documents, if any, on which the tenant relies ..... lord or any person claiming possession shall file a petition before the rent tribunal and such petition shall be accompanied by affidavits and documents, if any, upon which land-lord or person claiming possession wants to rely. ..... (3) the tenant may submit his reply, affidavits and documents after serving the copies of the same to the petitioner, within a period not exceeding forty five days from the date of .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(3)Raj2625
..... (5) any proceeding before the rent tribunal or appellate rent tribunal shall deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the indian penal code, 1860 (central act no. ..... 5 of 1908) while trying a suit or an appeal in respect of following matters, namely:(a) summoning and enforcing the attendance of any person and examining him on oath;(b) requiring the discovery and production of documents:(c) reviewing its decision;(d) issuing commissions for the examination of witnesses or documents;(e) dismissing petition for default or deciding it ex- parte;(f) setting aside any order of dismissal of any petition for default or any order passed by it ex-parte;(g) bringing legal representatives on record; and (h) any other matter ..... as per the procedure prescribed under section 21 of the rent control act, the application for eviction of disputed premise and revision of rent is filed by the applicant alongwith affidavit of his witnesses and necessary documents, and similar is the procedure for defendants to file their reply along-with affidavit of their witnesses and necessary documents, which are to be exhibited in the case. ..... 1 have considered the submissions of learned counsel for the parties and examined the impugned orders passed by the rent tribunal as well as the appellate tribunal, and other documents annexed with the writ petition, in the light of submissions of learned counsel for the parties.19. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(2)Raj1310; 2006(2)WLC340
..... to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.100(8) any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the indian penal code, 1860 (45 of 1860).16. ..... in view of above judgment of hon'ble supreme court i find from the perusal of ex.p.3 that sufficient compliance in respect of giving notice under section 50 of the act has been made in the present case, therefore, i do not find any force in the contention of the learned counsel for the appellant in this regard.10. ..... , jhalawar is not clear from this document or any other evidence, therefore, this is a case of violation of sub-section 2 of section 42 of the act. ..... sub-section 5 of section 50 is also reproduced as under:(5) when an officer duly authorised under section 12 has reason to believe that it is not possible to take the person to be searched to the nearest gazetted officer or magistrate without the possibility of the person to be searched parting with possession of any narcotic drug or psychotropic substance, or controlled substance or article or document, he may, instead of taking such person to the nearest gazetted officer or magistrate, proceed to search the person as provided under section 100 of the code of criminal procedure .....
Tag this Judgment!Court : Rajasthan
Reported in : [1998]94CompCas507(Raj)
..... nor his money was refunded and a criminal case was filed against the accused and the learned trial court found that the accused was guilty of offence covered by section 420 of the indian penal code, 1860. ..... if there was sufficient material for the magistrate's action as in the reported decision, the averments made in the complaint and statements recorded under sections 200 and 202 of the criminal procedure code, 1973, and a number of documents filed at that stage clearly disclosed that the respondent had purchased 200 shares of the company from its shareholders, and sent the same to the petitioner company for registration of ..... bhatia [1995] supp 4 scc 244, in a case for quashing of the complaint which in the facts of the case was under section 73 of the companies act, 1956, at the initial stage, where the complaint was quashed by the high court on the ground that the accused was not an officer in default and the ..... indra kala [1997] 88 comp cas 348, the powers of the court under section 482 of the criminal procedure code, 1973, are quite limited and extraordinary and should be exercised with great care and caution in the rarest of rare and exceptional cases only to prevent the abuse of the process of ..... the registered office of the company is situated at bombay and the accused persons are residing at bombay and the disputed prospectus was published and printed at bombay, but the said document was delivered at jaipur and an offer was invited on the basis of this prospectus at jaipur. .....
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