Court : Rajasthan
Decided on : May-26-1960
Reported in : AIR1961Raj130
..... ought not take part in the decision or sit on the tribunal'; and that 'any direct pecuniary interest, however small, in the subject-matter of inquiry will disqualify a judge, and any interest, though not pecuniary will have the same effect, if it is sufficiently substantial to create a reasonable suspicion of bias.' the said ..... of an alternative remedy in entertaining or refusing to entertain writs, and (b) considerations governing the determination of bias particularly with reference to cases under the motor vehicles act.the petitioners rely upon firm murlidhar brijmohan v. state of rajasthan, ilr (1957) 7 raj 723, nageswara rao v. a. p. s. r. t. ..... the various persons including the petitioners who had applied for renewal of the permits were however granted temporary permits under section 62(d) of the motor vehicles act pending the consideration of their applications for renewal. these temporary permits were valid upto the 31st january, 1960.decisions on the applications for renewal as well .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-09-1960
Reported in : AIR1961Raj168
..... exist, be ought not to take part in the decision or sit on the tribunal.any direct pecuniary interest, however small, in the subject-matter of inquiry will disqualify a judge, and any interest, though not pecuniary, will have the same effect, if it were sufficiently substantial to create a reasonable suspicion of bias. bull ..... praying for appropriate writs prohibiting the respondents from approving the scheme in question.it is contended that by virtue of section 68d or the act the government has constituted itself a judge of the dispute vis-a-vis the transport undertaking owned, controlled and run by the government on the one hand and the private ..... owned or controlled by the state.we may incidentally examine the scheme of this chapter, before we deal with the criticisms advanced against section 68d of the act. section 68a gives various definitions including the definition of 'state transport undertaking' as meaning inter alia, an undertaking for providing road transport service carried on by .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-07-1960
Reported in : AIR1963Raj25
..... nuisance within the meaning of section 91 read with clause 48 of section 3, of the general clauses act with respect to the infringement or injury to a village pathway seems to me, with utmost respect, for the eminent judges who have taken that view, to be not free from a certain amount of doubt or difficulty ..... plaintiffs are entitled to the reliefs prayed for, namely, demolition and perpetual injunction and cancellation of the patta granted by the thikana to the defendants. the learned judge of the court below having found that the plaintiffs had failed to establish their case in the first suit (a finding with which i have substantially disagreed) felt ..... a temporary injunction had been issued by the court against the original defendants in that case soon afterwards and yet construction had been raised on it. the learned judge found that this explanation was unsatisfactory because according to him the previous suit was based on easement by prescription, and that, in any case, if that suit .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-23-1960
Reported in : AIR1961Raj139; 1961CriLJ853
..... some state legislations prescribing special procedure for cases triable by session court dispensing with committal proceedings.under the amended law there are prescribed different procedures for inquiries in cases instituted on police report and in cases on private complaints and there are fundamental points of distinction in the two procedures. in this ..... trial without examining all the eyewitnesses. reliance was placed on ghisa v. state, air 1959 raj 294 : (ilr (1959) 9 raj 944). the learned judge rejected the petitioner's application. the petitioner has, therefore, filed the present revision application.3. the learned government advocate in opposing the revision contended that the decision ..... and the accused is not at all concerned with it. dealing with the second object, it should be remembered that under the law as amended by act xxvi of 1955, the accused is supplied copies of statements of witnesses recorded during investigation under section 161 cr. p. c. in accordance with the .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-12-1960
Reported in : 1961CriLJ414
..... law inasmuch as the procedure laid down by section 252 of the criminal procedure code was not followed. the learned sessions judge rejected the objection on the ground that an explanation had been added to section 67 of the rajasthan excise act placing the reports of the excise officers at par with those of police officers. two other points which ..... applicable to the trial of cases instituted on complaints or reports of excise officers. in that case the accused was convicted on his own statement without holding an inquiry and without framing a charge.the conviction was set aside and the case was remanded for trial in accordance with law. the question did not come up for ..... that nature and the conviction was set aside on the ground that] the procedure followed by the magistrate was: unjust inasmuch as no charge was framed and no inquiry was held in accordance with law and the conviction was based on the statement of the accused. the decision in bhagwana's case i is thus distinguishable.6. .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-16-1960
Reported in : AIR1961Raj174
..... magistrate in that case did not record any evidence whatsoever.he simply went through the documents produced by the police and committed the accused to the court of the sessions judge, jodbpur. it was held that 'where a case rests on evidence other than the evidence of persons who witnessed the actual commission of the crime, a proper ..... against the applicant and so he committed him to the court of session.4. now, the main argument, which was raised by the applicant before the learned sessions judge and which has been again stressed before this court is that the magistrate did not examine all the material witnesses, that he failed to comply with theprovisions of section ..... police report and a case instituted otherwise than on a police report. it was by the said amendment act (no. 26 of 1955) that section 207a was introduced for the first time and a separate procedure was laid down for inquiry (into cases triable by the court of session) by a magistrate in a proceeding instituted on a police .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-23-1960
Reported in : AIR1961Raj231; 1961CriLJ691
..... the provisions relating to disposal of property are contained in chapter xliii of the criminal procedure code. the various sections contemplate orders of the court in connection with inquiries and trials. a move before a magistrate for the proper custody of property during the course of investigation by the police does not fall within the ..... the purpose of proceeding, in a particular way as indicated in the subsequent provisions of this chapter,--proceeding under/section 200, and thereafter sending it for inquiry and report under/section 202. when the magistrate applies his mind not for the purpose of proceeding under the subsequent sections of this chapter but for ..... administrative order whereas the non-acceptance of the report and taking cognizance of an offence will give rise to judicial proceedings. the learned judge concludes that a magistrate can be regarded (to act judicially only if he takes cognizance of an offence under section 190 cri, p. c. and not until he does so. agreeing .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-01-1960
Reported in : 1961CriLJ401
..... notice given to haribux respondent to stand and directed that gulab chand should sign the application, filet a proper affidavit and lead evidence necessary for the purpose of inquiry.it appears that gulab chand signed the application and also filed go affidavit. when this application came up for hearing on 18-11-1959 before bapna, j., ..... by affidavit being a recognised mode the term 'witness' should be liberally interpreted to include a deponent of an affidavit. the suggestion cannot be accepted. the evidence act being inapplicable to affidavits it cannot be treated evidence generally. of course under some special provisions of the civil procedure code and criminal procedure code and probably some other laws the litigants ..... haribux son of kundanmal of kuchaman the opposite party, filed an appeal on 15-5-59 in this court against the order of the district judge, merta setting aside his election. on the same date he filed an application for staying the operation of the order of' the district .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-03-1960
Reported in : AIR1962Raj3
..... made by him, the entire first information report is inadmissible in evidence. if in addition to the confession it contains certain other matters, which are relevant to the inquiry in the crime, they may be taken into evidence as admissions of the accused but care must be taken to see that such statements are not a part ..... proved that the various packets were properly wrapped and sealed. the learned assistant government advocate has urged that the various technical objections raised by the learned additional sessions judge with respect to the wrapping and sealing were clarified by the evidence of these witnesses and that there remained no doubt that the sword (ex. 18) was recovered ..... this rule has nothing to do with the admissibility of a statement made by the accused under the provisions of the evidence act. in a jury trial the matter of admissibility of evidence is for the judge to decide, while it is for the jury to place any reliance on the evidence on record. if the first information .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-19-1960
Reported in : AIR1961Raj24
..... including head injuries. there is a good deal of force in this contention of mr. rastogi.while holding the accused responsible for their individual acts, it was not open to the sessions judge to have considered the cumulative effect of the head injuries and to have held these two accused responsible for offence under section 308 i. ..... and shri jagdev singh, p. w. 6, the station house officer, who conducted the investigation. the accused made a complete denial and pleaded alibi. the learned sessions judge found the prosecution story substantially correct, but he found the case against handoo doubtful and acquitted him. according to him, the accused could be held responsible only for ..... . cannot be maintained. the learned judge held that there was no unlawful assembly and, therefore, the application of section 149 i. p. c. was out of question. he also did not apply section 34 i. p. c., but thought it proper to convict the accused on the basis of their individual acts. it was pointed out by mr .....
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