Court : Rajasthan
Decided on : Jan-19-1960
Reported in : AIR1960Raj224
..... page 237) says,'further, the principle excludes anything like a solatium for mental suffering and anguish for the loss of the deceased, for that would lead to awkward inquiries as to the claim of a child who was unborn, unfilial or a lunatic'.the principle is amply supported by authorities to which we need not refer. the learned ..... deprivation of his limb, there is hardly any doubt that it must seriously interfere with his earning capacity. in the circumstances the discretion exercised by the learned district judge in granting him compensation of rs. 15,000/ for loss of earning is not quite speculative, but is based upon the background of his pecuniary status and his ..... in rajasthan on the 24th of january, 1950, and could not have any retrospective operation. the learned district judge held that article 21 of the limitation act of kotah state read with section 21 of the kotah state civil courts act, 1945, enabled the court in a case which was not provided for by any other law for the time .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-05-1960
Reported in : AIR1960Raj294
..... question as to the competence of the appeal.6. mr. hingorani vehemently' contends that the order of the learned judge of (his court is incorrect, and that his application under section 106 of the insurance act against the directors should have been entertained. section 106, inter alia, provides that the liquidator of an insurance company ..... -feasance on the part of the directors, and that they had contravened any of the provisions of the insurance act, and caused a loss to the assets of the company thereby. on these grounds the learned judge rejected the application of the official liquidator, against which order this appeal has been presented.5. a question has ..... court in the exercise of his original jurisdiction, because by virtue of amendment of section 106 of the insurance act, such an applica-catioii couid be entertained by this court, and not by the learned district judge. there can be no doubt that the application has been made in the course of liquidation proceedings, the insurance .....
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 : Feb-29-1960
Reported in : AIR1961Raj10
..... application for execution itself should be rendered as not in accordance with law on account of any irregularity in subsequent proceedings. article 182(5) of the limitation act contemplates merely an application for execution in accordance with law and that will be sufficient to give a fresh start of limitation from a final order to ..... was that the execution court having recorded no reasons for dispensing with the notice under order 21 rule 22(2) c. p. c. and issuing warrant immediately, acted without jurisdiction, with the result that the entire proceedings stand vitiated and are of no avail and, therefore, cannot extend limitation. then, summing up the conclusion with ..... the allegations were found to be untrue later, cannot invalidate the application. an application has to be judged on the allegations on which it is made and not on what is actually found as a fact later, either on inquiry or otherwise. an acceptance of a contrary view may in some cases involve complicated and prolonged .....
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 .....
Tag this Judgment!Court : Rajasthan
Decided on : May-09-1960
Reported in : AIR1961Raj52
..... the repeal thereof did not affect the defendants' right to be relieved of the consequences arising from illegal contracts. in view of these findings the learned judge dismissed the plaintiffs' suit, but left the parties to bear their own costs throughout.6. the preliminary question which we have to determine at the ..... there would be no doubt about the fact that the respondents were entitled to receive from the appellants the amount which they have claimed.the learned judge further thought that the transactions in question were in the nature of wagering contracts and, therefore, the plaintiffs could not recover anything in respect of ..... acting as principals or agents for unnamed principals and incurred personal liabilities on themselves in respect of their privity of contract with these parties.in such a case, it cannot be argued that the transactions were merely wagering transactions. besides, one of the witnesses, ramsukh (p. w. 8) to which reference has been made by the learned judge .....
Tag this Judgment!Court : Rajasthan
Decided on : May-13-1960
Reported in : AIR1961Raj211
..... of the defendants we cannot hold that the loss occurred on account of any theft in the running train. in this state of the evidence the learned district judge was justified in giving his finding that the defendants have not satisfactorily proved that the goods were stolen. learned counsel at the close of his arguments submitted an ..... the next contention of the learned counsel in that the plaintiff's claim is beyond time even if article 31 applies to it. article 31 of the indian limitation act reads :descriptionof suit.periodof limitation.timefrom which period begins to run.art. 31. against a carrier forcompensation for non-delivery or delay in, delivering goods.oneyear.when the ..... compensation on certain terms which were not acceptable to the plaintiff. this is not a promise of the kind mentioned in section 25(3) of the indian contract act. in our opinion the plaintiff cannot base his claim on this document.24. the result is that this appeal is partly allowed. the judgment and decree of the .....
Tag this Judgment!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 : Jul-22-1960
Reported in : 1961CriLJ403
..... their houses and will result in sanitary conditions leading to the spread of the disease of malaria. the station house officer inspected the spot and made the necessary inquiries and after being satisfied of the truth of the complaint, applied to the sub-divisional magistrate parbatsar on 17-8-55 for taking proceedings under section 133 cr. ..... should be asked to make necessary arrangement for this purpose.4. aggrieved by this order dasharat and others filed a revision in the court of the sessions judge, merta. the sessions judge held that the proceedings under section 133 cr. p.c. in respect of obstruction to the flow of rain water were misconceived and incompetent. examining the ..... rule laid down in that case. the non-petitioners while using their properties having caused unlawful obstruction to the flow of water can only be said to have acted in tortious manner. they cannot be said to have interfered with a channel which is or may be lawfully used by the public. the persons aggrieved can .....
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 .....
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