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 : 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 : 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 : 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-17-1960
Reported in : 1961CriLJ561
..... of his case at all and based his findings on the evidence recorded in the other case i.e., of laxmansingh. he has pointed out that the learned judge's observations that none of the prosecution witnesses were cross-examined was not correct in his case.this criticism appears to be true and therefore instead of sending ..... cause injury, but without the intention to cause injury, or knowledge that it will probably be caused. the criminality lies in running the risk of doing such an act with recklessness or indifference as to the consequences. criminal negligence is the gross and culpable neglect or failure to exercise that reasonable and proper care to guard against ..... establishing the guilt of the accused under section 304a. in the case of in re, nidamarti nagabhushanam, 7 mad hc 119 holloway, j., said:culpable rashness is acting with the consciousness that the mischievous and illegal consequences may follow, but with the hope that they will not and often with the belief that the actor has taken .....
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 : Oct-18-1960
Reported in : [1962]44ITR224(Raj)
..... installments. the question arose whether the installments received by the assessee were exempt from tax under explanation 2 to section 7 (1) of the act. it was held by the learned judges of the lahore high court that the lump sum payment made to mr. khosla for consideration of the termination of his employment did not include ..... fact that the assessee was continuing to serve the company after putting in very valuable services since its inception. it was in those circumstances that the learned judges held that a payment received under such an agreement on termination of services for any cause whatsoever can only be regarded as a terminal payment in appreciation of ..... of the agreement of employment or otherwise. reference was also made to explanation 2 to section 7 as it stood before the act was amended in 1955. repelling this argument, it was observed by the learned judges as follows :'but, evidently on the explanation, it cannot be said that a payment which is made as compensation but not .....
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