Court : Rajasthan
Reported in : 1968WLN171
..... ., and in convicting him on the basis of the same.7. it is true that it was open to the learned sessions judge to act on the 'plea of guilty' made by the accused before him on 14th february, 1966, but, it appears, that he ..... at a distance of about 4 mills from his village dudsi. the parents of the deceased navia, aged about ten years made inquiries about the boy when he did not turn up for 2 days. kartia uncle of navia, was, however, informed by some ..... we are firmly of the view, that the accused should have been tried even though he has pleaded guilty before the learned sessions judge, balotra. in our opinion, the conviction and sentence passed against the accused cannot be sustained and must be set aside.10. ..... them. as already stated above, the prosecution had not examined any evidence after the commencement of the trial before the learned sessions judge, balotra, and, therefore, he was not justified in placing any reliance on the alleged extra-judicial confession and the confession which .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj233; 1968()WLN19
..... it is in the public interest. it was added that the comparative merits of the corporation as against individual operators do not require to be judged under chapter iva of the act.32. we also do not find any substance in the plea regarding lack of co-ordinationwith the stage coaches running beyond the borders of rajasthan ..... concur in this view of the position of an administrative body to which the decision of a question in dispute between parties has been entrusted. the result of its inquiry must, as i have said, be taken, in the absence of directions in the statute to the contrary to be intended to be reached by its ordinary ..... in violation of the principles of natural justice.apart from these, according to learned counsel, when the objectors applied before the joint legal remembrancer on 20th april, 1968, for hearing the joint legal rememberancer should not have rejected the application but should have heard them. learned counsel emphasised that the assertion for not giving of the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969CriLJ1193; 1968()WLN41
..... section 284. that is why the nature of the enquiry contemplated by section 284 is very limited and it prima facie partakes of the character of a ministerial inquiry rather than judicial enquiry. in any event it is difficult to hold that the magistrate who entertains the application is an inferior criminal court. the claim made ..... chander sharma, assistant registrar, go-operative department, jodhpur, and shri aidan chowdhary, deputy registrar, co-operative department, jodhpur, under section 8 of the contempt of courts act, 1952 (act no. 82 of 1952), praying that both the non-petitioners may be punished for committing contempt of court.2. the facts giving rise to this application lie within ..... was held by hon'ble kan singh j. in criminal revn. no. 804 of 1968 d/-24-9. 1968, (raj) shiv charan das v. hakikatullah khan that an order passed by a magistrate under sub-section (8) of section 85 of the act, is not amenable to the revisional jurisdiction of this court under the code of criminal .....
Tag this Judgment!Court : Rajasthan
Reported in : 1968WLN117
..... and, therefore, he has approached this court.3. learned counsel for the petitioner has strenoeusly urged that his client had produced before the learned magistrate and the learned sessions judge the certificate of registration relating to the said jeep and other documents which clearly go to show that he was the owner of the property and that, under the circumstances ..... revision application in that light and i think that even under section 516-a cr. p.c. this court need not interfere with the order of the learned additional sessions judge. it may be pointed out that the main purpose of section 516-a cr. p.c. is that if any property regarding which any offence appears to have been ..... kept in a garage which would be obtained by him on rent and that it should be kept there during the pendency of the case. the learned additional sessions judge further allowed mithalal to put his own lock on the garage along with the lock of the police in order to ensure that the police or anybody-else may not .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj264; 1968()WLN57
..... decreed the plaintiffs suit for the recovery of arrears of rent and eviction, the defendants have filed this appeal against the judgment and decree of the distract judge of pali dated january 4, 1968. 2. it is admitted that defendant sangatmal was a tenant of plaintiff smt. kastoori bai in a shop which carried a monthly rent of rs. 10 ..... his argument. 5. the learned counsel for the appellants has thus tried to base his argument on the provisions of sections 111(g) and 112 of the transfer of property act, but, as i shall presently show, the argument is untenable, 6. section 111 enumerates the various modes for determination of a lease of immovable property, and clause (g ..... 1961 as arrears of rent upto may 24, 1961, but he could not be said to have waived the forfeiture for that reason. section 112 of the transfer of property act which deals with waiver of forfeiture, reads as follows :-- '112. a forfeiture under section 111, clause (g), is waived by acceptance of rent which has become due .....
Tag this Judgment!Court : Rajasthan
Reported in : 1968WLN41
..... restoration of possession on the ground that the proceedings for delivery of possession after the death of gulabchand were void. the learned civil judge accepted the application and by his order dated 5th july, 1968, ordered restoration of possession. it is against this order that the present revision application has been filed.5. the contention of ..... held in pothapernmal ambalam's case ilr 1954 mad. 1206 that:after the issue of a sale certificate under order xxi, rule 94 of the civil procedure, code (act v of 1908), the purchaser's title became perfected and complete and his right to possession is unimpeachable as against the parties to the suit as well as ..... that by this decree separate apartments in the house were allotted to the parties.4. on 3rd january, 1968, gauri shankar and bhim shanker (hereinafter called the petitioners) made an application in the court of the civil judge, jaipur city for the delivery of apartments allotted to them by the final decree. on this application notice .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj149
..... was contested by respondents nos. 2 to 13 on the ground that the petitioners have an alternative remedy by way of appeal under section 64 (b) of the act. the learned single judge held that in the circumstances, increasing the number of trips of non-petitioners nos. 2 to 13 by the regional transport authority was variation in the condition of ..... directed not to allow the opposite parties nos. 2 to 7 to ply their buses on the route on the timings fixed by the regional transport authority on 10th august, 1968. reply filed by the non-petitioners nos. 2 to 7 is that matter re-lating to the revision of the scope had come before the regional transport authority in ..... transport authority and that remedy is by a revision petition before the state transport authority under section 64-a of the act. the supreme court has recently interpreted section 64-a in lakshmi narain v. state transport authority, u. p., air 1968 sc 410, and has taken the view that the word 'order' in section 64-a is very wide in .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj212; 1968()WLN83
..... and on 13-5-68 put in an application under section 20 of the arbitration act in the court of the senior civil judge no. i, jaipur city which court after june, 1968, came to be redesignated as the court of additional district judge no. 1, jaipur city. in this application it was inter alia prayed that the ..... grant of a temporary injunction in certain proceedings instituted by the company against the petitioner board under section 20 of the indian arbitration act. by his order under challenge the learned additional district judge directed the petitioner board 'to refrain itself from making purchases of the material of the specifications for which order was placed with the ..... matter, but 'am unable to accept this suggestion as a sound one'. in the first instance, the learned additional district judge while referring to section 41(2) read with schedule ii of the arbitration act observed that 'the court has wide power to make orders for the purpose of reserving status quo pending arbitration. these .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj315; 1968()WLN108
..... of defendant no. 3 dated 18-8-61 another application to the same effect was moved on 3-7-62.the learned senior civil judge did not pass any order on this application either. the insurer thereupon sent for the insured and got him to apply for the setting ..... aside of the ex parte order on 30-7-62. this application was allowed by the learned senior civil judge on 24-10-62. but the order was set aside in revision by this court as no sufficient ground for non-appearance of defendant ..... that the insurer cannot defend the suit in its own name except on the grounds mentioned in section 96 (2) of the motor vehicles act. but it has been held that if the insured is negligent in defending the suit and a right has been reserved by the policy ..... . this is a revision application by the jupiter general insurance co. ltd., defendant no. 3 against an order of the senior civil judge no. i, jaipur city, refusing to allow it to defend the suit in the name of shri beharilal defendant no. 1.2. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1968WLN103
..... pleadings of the parties. in view of the findings arrived at the us on the question of issue of temporary injunction the order dated 8-2-1968 passed by the learned district judge, merta is liable to be set aside and since we are setting aside that order we do net consider it necessary to go into the question ..... would cause irreparable loss to the plaintiff. these observations are not supported by any reasons and are in our opinion, in disregard of the provisions of the specific relief act, which we have referred to above. the lower court has not taken into consideration the heavy loss which would be caused to the defendant no. 8 by withholding ..... with the miscellaneous appeals.4. we propose to dispose of this revision first. it is contended by mr. agarwal, learned counsel for the corporation, that the lower court acted arbitrarily in granting leave under section 20(b), civil procedure code. he has argued that no part of the cause of action arose within the jurisdiction of the court and no .....
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