Court : Gujarat
Decided on : Sep-27-1960
Reported in : AIR1961Guj34; (1961)2GLR23
..... over a water tank, his face being covered with water. the post mortem examination showed that he died of heart-disease. upon these facts, the county court judge held that the work upon which the deceased was engaged contributed to and accelerated his death and made an award in favour of his dependants. the appeal court also ..... from serious aneurism and was employed in tightening a nut by a spanner when he suddenly fell down dead from rupture of the aneurism. the county court judge found upon conflicting evidence that death was caused by strain arising out of the ordinary work of the deceased operating upon a condition of body which was such ..... these findings of facts the learned lord chancellor considered binding. the question then arose whether on these findings the learned trial judge was entitled to regard the rupture as an 'accident' within the meaning of the act. the learned lord chancellor said that he was so entitled. rupture was an untoward event. it was not designed and was .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-28-1960
Reported in : [1962(4)FLR369]; (1961)GLR23; (1961)ILLJ585Guj
..... over a water tank, his face being covered with water. the post mortem examination showed that he died of heart disease. upon these facts, the county court judge held that the work upon which the deceased was engaged contributed to and accelerated his death and made an award in favour of his dependents. the appeal court also ..... suffering from serious aneurism and was employed in tightening a nut by a spanner when he suddenly fell down dead from rupture of the aneurism. the county court judge found upon conflicting evidence that death was caused by strain arising out of the ordinary work of the deceased operating upon a condition of body which was such ..... these findings of facts the learned lord chancellor considered binding. the question then arose whether on these findings the learned trial judge was entitled to regard the rupture as an 'accident' within the meaning of the act. the learned lord chancellor said that he was so entitled. 12. rupture was an untoward event. it was not designed and .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-08-1960
Reported in : AIR1961Guj93; (1961)2GLR1
..... entitled to use the work must render the acquisition invalid and bad in law? 30. it has to be noticed that section 41 makes the government the sole judge of the manner in which the public are to have the use of the land which is being taken up for the company. the right of the public to ..... appropriate government is satisfied after considering the report, if any, of the collector under section 5a, subjection (2), or on the report of the officer making an inquiry under section 40 that the purpose of the proposed acquisition is to obtain land for the erection of dwelling houses for workmen employed by the company or for the provision ..... : for expansion of the sarabhai chemicals works (karamchand premchand private limited) at baroda. and whereas the government having caused inquiry made in conformity with the provisions of the said act and being satisfied as a result of such inquiry that the acquisition of the said land is needed for the said purposes i.e. for expanding the factory of sarabhai .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-20-1960
Reported in : AIR1962Guj1; (1961)GLR582
..... appellant and two others were pro-secuted. but, accused no. 3 was discharged at the committal inquiry, accused no. 2 was acquitted at the sessions trial and the appellant (accused no. 1) was convicted by the learned sessions judge as stated above. 3. at the sessions trial, the prosecution mainly relied on the evidence of ..... as it is a statement which does not accompany and explain an act other than the statement. explanation 1 of s. s. evidence act provides that the word 'conduct' in that section docs not include statements unless those statements accompany and explain acts other than statements. now, these pieces of the conduct of the ..... 11. then remains the most important piece of evidence relied on by the prosecution, namely, the statement made by the appellant at the committal inquiry. at the committal inquiry, the prosecution did not examine any witnesses nor was any documentary evidence adduced by the prosecution. the committing magistrate questioned the appellant on 18th december .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-17-1960
Reported in : (1960)1GLR179
..... down in that sub-section. a proceeding contemplated by the sub-section is the passing of an order deciding claim after a formal inquiry. therefore when the notification uses the words 'to take steps for removal of encroachment on government land those words must mean and ..... the plaintiff was not taken in the plaint nor was such contention raised either in the trial court or before the learned assistant judge. it would not therefore be proper to allow mr. shah to raise such a contention for the first time in second appeal ..... challenged the order of dismissal of the plaintiff's suit by the trial court and the learned assistant judge. his first contention was that the finding by the courts below that the suit was barred both under section 11 of the bombay ..... act no. xi of 1912. under sub-section (9) it is provided that where any property or any right in or over any property is claimed by or on behalf of government it shall be lawful for the collector or a survey officer after a formal inquiry .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-15-1960
Reported in : 1961CriLJ815; (1960)GLR63
..... dungaria mahala, who is accused no. 3 in sessions case no. 3 of 1960, should be quashed, as he was a child under the bombay children act.2. in his order the learned sessions judge observed that the offence had taken place in september 1959 and the accused in question was arrested on 27-9-59. two medical officers examined him about ..... a child. it is the duty of the court to see that it does not exercise jurisdiction which it does not possess. therefore the court has to make a thorough inquiry into the age of the accused. the opinion, of the doctors that the accused was about 16 years of age when they examined him does not help. the learned sessions ..... , if available, on the question of the age of the accused on, the date of the offence. if after making a further inquiry, and without putting the burden of proof on the prosecution of the accused the learned sessions judge comes to a finding that the accused had not attained the age of 16 years on the date of the offence, he .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-16-1960
Reported in : 1961CriLJ472
..... of an officer of the mint upon any matter or thing duly submitted to him for examination or analysis and report may be used as evidence in an inquiry, trial or other proceeding under the code. it is therefore necessary that the document must purport to be a report under the hand of an officer of the ..... him, the bundle containing the articles was lying outside his house. the appellant was kept outside and the panchanama was made in another house, the learned assistant sessions judge accepted the prosecution case, rejected the defence case and found that the articles in? question were in the possession of the appellant, that the appellant knowingly counterfeited or ..... no application to cases of improper admission or rejection of evidence. in the case of improper admission or rejection of evidence provisions of section 167 of the evidence act would apply. that section reads as under:the improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-29-1960
Reported in : 1961CriLJ813; (1960)GLR151
..... the second, third, fourth and fifth blows on bai pidi, the offence of voluntarily causing grievous hurt has been made out against the appellant. the learned sessions judge was, therefore, right in convicting the appellant under section 326, indian penal code, for having voluntarily caused grievous hurt to bai pidi with a 'dharia'. the ..... than was necessary for the purpose of defence, and, therefore, according to him, exception ii to section 300, indian penal code, did not apply the learned sessions judge, therefore, convicted the appellant under section 302, indian penal code, for having caused the death of vajiria and under section 326, indian penal code, for having ..... the statement of the accused on this point would justify the inference that the appellant was acting in the exercise of the right of private defence and, therefore, he was entitled to acquittal the findings of the learned sessions judge that vajiria died as a result of injuries caused to him by the appellant, that these .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-26-1960
Reported in : 1960CriLJ1588
..... order is made. but the question whether such grounds can give rise to the satisfaction required for making the order is, as observed above, beyond the scope of the inquiry under section 491 of the cr.pc on the other hand, the question whether the vagueness or indefiniteness of the statement furnished to the detained person is such as ..... the order was mala fide. the petitioner was acquitted as stated in the ground itself not because there was no basis for the charge against him but because the learned judge who tried him found that the case against him was not beyond reasonable doubt, and, therefore, the benefit of that reasonable doubt bad to be conferred upon him. ..... the sabarmati jail at ahmedabad since 4-3-1960 under an order dated 4-3-1960 passed by the district magistrate ahmedabad, under section 3 of the preventive detention act, being act iv of 1830. the grounds upon which order was issued were furnished to the detention the same day. on the 12th of match i960, the then government of .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-13-1960
Reported in : AIR1961Guj11; 1961CriLJ57; (1961)0GLR168
..... to by witnesses mohanlal and meghji, examined on behalf of the prosecution. this part of their test-mony has not been accepted by the learned judge, then, according to the prosecution, certain acts were committed by the appellant as a result of which punja died on the spot. this part of the prosecution case is disputed by the ..... the pistol and that pistol and the live cartridges were attached as a result of the production before the p. s. i. at bhuj. the learned sessions judge felt convinced that prosecution had. established both these points and he held it proved that the appellant was responsible for the murder of punja. though the two prosecution ..... , i, indian penal code and sentenced to suffer rigorous imprisonment for five years and for the offence under section 21, indian arms act, and sentenced to suffer rigorous imprisonment for three months. the learned judge has ordered both the sentences to run concurrently.2. the first charge against the appellant was that, on or about 3-10-1959 .....
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