Court : Gujarat
Decided on : Jul-24-1967
Reported in : AIR1968Guj252; 1968CriLJ1277; (1968)GLR1052; (1968)0GLR1053
..... the complaint came to be recorded. further corroboration was from the medical evidence. the learned judicial magistrate, first class, as well as the learned sessions judge have found that there was sufficient corroboration and further found that the evidence of this boy babulal against whom, no reason was shown to indicate that he ..... ; intercourse connotes reciprocity. it could, therefore, be said without any doubt in my mind that the act in question will amount to an offence, punishable under section 337 of the indian penal code.(11) the learned session judge has convicted this petitioner no. 2 only for an offence, punishable under section 377, read with section ..... felt by the boy, resorted to the act in question, namely, of putting his male organ in his mouth. i, therefore, see no justifiable reason to interfere with the discretion of the learned magistrate in awarding the punishment which has been confirmed by the learned sessions judge so far as the substantive imprisonment is concerned .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-23-1967
Reported in : AIR1968Guj198; (1968)0GLR907
..... that the evidence of witnesses in attendance has to be taken orally in the open court in the presence and under the personal direction and supervision of a judge in a suit. even in such substantial applications or matters, if the court feels that particular fact or particular facts be proed by affidavits, order 19, ..... as under:-'the evidence of the witness in attendance shall be taken orally in open court in the presence and under the personal direction and superintendence of the judge'.he also invited my attention to section 30 of the civil procedure code, the material part of which runs as under:-'subject to such conditions and limitations as may be ..... request that the opponents nos. 3 and 7 be directed to attend for cross-examination. his contention was that the learned civil judge, ((s.d.)), therefore, did not exercise the jurisdiction vested in him or acted with material irregularity in exercise of it. the impugned order should, therefore, be revised by this court in exercise of its .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-20-1967
Reported in : (1967)8GLR897
..... 71. section 71, argued the petitioners, was mandatory in its terms and it provided clearly and specifically that, save as expressly provided by the tenancy act, all inquiries and other proceedings before the mamlatdar or the tribunal shall be commenced by an application which shall contain the particulars set out in the section. the petitioners ..... 71. this contention is unsustainable and must be rejected. section 71 undoubtedly requires that save as expressly provided by or under the tenancy act all inquiries and other proceedings before the agricultural lands tribunal shall be commenced by an application and, therefore, unless there is some express provision to the contrary, ..... dahyabhai v. the gujarat revenue tribunal civil appeal no. 365 of 1966, to which i have already referred, confirmed the view taken by the learned judge. dealing with the argument of the appellant that the agricultural lands tribunal had no jurisdiction to deal with the question whether the appellant was or was not .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-09-1967
Reported in : 1968CriLJ1356; (1968)GLR1031
..... accused were required to remain present. the bonds refer to, in the first instance, a court before which they were produced or some other magistrate before whom the inquiry in respect of the charge levelled against him is to take place. then it further refers to the court of sessions, if necessary, where he may be ..... vagueness and uncertainty, and that the committing magistrate's court had no jurisdiction to take any action on the strength of those bail bonds. the learned additional sessions judge, however found that the bonds had incorporated a condition about their remaining present in the sessions court which was not in the order, passed by the committing magistrate ..... of the constitutional changes the jurisdiction of the privy council came to be transferred to the federal court by virtue of the 'abolition of the privy council jurisdiction act.' the accused's appeal to the privy council thus got transferred to the federal court and in due course was heard by the supreme court. the supreme .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-29-1967
Reported in : (1968)9GLR1087
..... irregularity in the exercise of jurisdiction, because the whole suit is basedupon ex. 3/1. the bond is defined in section 2(c) of the bombay stamp act, 1958.2. no doubt, this is an inclusive definition, but before a document can become a bond, a person executing the document must oblige himself to ..... question is not a bond.3. the learned counsel for the petitioner also relies on clause (2) to the proviso to section 3 of the bombay stamp act. but there is a finding of fact of the court below that on the evidence it is not possible to prove the identity of the ship. as ..... v.b. raju, j.1. in this revision application, the question relates to the order of the assistant judge of jamnagar ordering that the document, ex. 3/1, upon which the suit was based is liable to stamp duty of rs. 75/- together ..... in revision. but for the reasons given in the previous paragraph, the document is not a bond. the order passed by the learned assistant judge is set aside and the order passed by the trial court stands. .....
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