Court : Rajasthan
Decided on : Dec-08-1967
Reported in : AIR1968Raj214; [1969]39CompCas670(Raj)
..... construction of such a statement unless it is shown that it was made clearly without intending to admit the existence of such relationship. with all respect to the learned judges who decided kashinath shankarappa's case. air 1951 nag 255. i do not therefore find it possible to follow the view expressed in it. besides, that case ..... counsel has placed reliance on kashinath shankarappa v. new akot cotton ginning and pressing co. ltd.. air 1951 nag 255.7. what section 19 of the limitation act, 1908 requires is that where before the expiration of the period prescribed for a suit or application in respect of any property or right, an acknowledgment of liability ..... thoroughly acquainted with the affairs of the company, and technical hurdles as to procedure are not viewed with favour and have to be overcome the liquidator has to act fairly and honourably in considering the claims of persons against the company. this is why supervisory jurisdiction has been vested in the court under section 460 of .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-22-1967
Reported in : AIR1968Raj151
..... accounts, registers and other documents are to be retained by the officer concerned only for so much time as may be necessary for their examination or for any inquiry or proceedings under this act, or for a prosecution. sub-section (4) provides that for the purpose of sub-section (2) or sub-section (3), any such authority or ..... .16. lastly, we may refer to the mysore case, (1967) 1 mys. lj 284 = (air 1968 mys 100). the validity of section 28 of the mysore sales tax act was challenged before the high court. the learned judges observed that the provisions relating to the confiscation were unconstitutional because there was total lack of control over the action ..... proviso lays down that before proceeding to confiscate the goods the authority or person shall give the dealer affected an opportunity of being heard and it shallmake an inquiry in the prescribed manner. the second proviso then provides that the authority shall give the dealer an option to pay in lieu of confiscation, such amount, not .....
Tag this Judgment!Court : Rajasthan
Decided on : May-05-1967
Reported in : AIR1968Raj77
..... of the constitution. 3. it appears that the documents in question were requisitioned by the commission under section 4(d) of the commission of inquiry act, 1952 (act no. lx of 1952), (hereinafter called the act), and in complying with it any claim for privilege does not appear to have been raised by the petitioner, it was contended by the petitioner ..... stages any documents that are sought to be used against the petitioners or are considered material will be shown to those interested to prepare their defences.' the learned judges also added that the procedure indicated by the commission in the matter of inspection of documents appeared to be quite just and it was not for the high ..... had ordered that inspection of certain documents could be allowed at a later stage and the party who was refused inspection approached the high court, and the learned judges observed that: 'it is for the commission to decide what to do in this matter and it has been indicated in its orders to what extent and how .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-25-1967
Reported in : AIR1968Raj136
..... 197, criminal procedure code, is necessary for prosecution of the president or vice-resident of a municipal council, constituted under the mysore town municipalities act, 1951.'in this case the learned judge followed an earlier decision of his own court. he also repelled the contention raised before him that the word 'remove' employed in section ..... otherwise flagrantly abused in any manner his position as such member; provided that an order of removal shall be passed by the state government after such inquiry as it considers necessary to make either itself or through such officer or authority as it may direct and after the member concerned has been afforded ..... or with the sanction of the state government. this objection prevailed with the learned magistrate, against which a revision was preferred before the additional sessions judge. jaipur district jaipur for the reasons that the powers of removal were delegated by the state government to the director of local bodies by certain .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-17-1967
Reported in : AIR1968Raj116; 1968CriLJ648
..... police officer within the meaning of section 190 (b) cr. p. c. it was in that context that the learned judges had to con-cider whether a report by an excise officer for an offence under the rajasthan excise act could be treated as a police report so that resort could be had to section 251a cr. p. c. regarding the ..... illegality in the absence of proof of actual prejudice.in ghisia's case the learned judges were dealing with a case under section 54 (a) of the rajasthan excise act which arose before the rajasthan excise amendment act (no. 22) of 1958 came into force before this amendment act, the report of an excise officer could not have been treated as one by a ..... mode of trial the learned judges came to the conclusion that the report of an excise officer could not be treated as that .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-17-1967
Reported in : 1968CriLJ270
..... v. united states, (1895) 159 us 523, in these terms: 'the decision of this question (whether the child-witness has sufficient intelligence) primarily rests with the trial judge, who sees the proposed witness, notices his manner, his apparent possession or lack of intelligence, and may resort to any examination which will tend to disclose his capacity and ..... record the questions put to this witness.9. the proviso to section 5 of the oaths act does not require that the court should also keep a record of the material which formed the basis of its opinion, the sessions judge was satisfied that it was a case in which oath should not be administered and statement be ..... clear that it was erroneous'. the mere circumstance that the sessions judge did not interrogate the witnesses, before their examination began, with a view to test their capacity, does not, in the view i take of the true effect of section 118 of the indian evidence act, invalidate the trial.this view has been followed by the calcutta .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-28-1967
Reported in : (1968)ILLJ475Raj
..... due under the rules.12. rule 16, in so far as relevant for our purposes, reads as follows:without prejudice to the provisions of the public servants inquiries act, 1950, no order imposing the penalty of dismissal, removal or reduction shall be passed on a member of a service (other than an order based on facts ..... not contain specifically west further part the plaintiff-respondent had to play after he produced khanu barber in the police station, barmer.13. according to the learned judge, the plaintiff-respondent had no further duty to discharge after khanu barber was produced in the police station, barmer and it appears that he thought that the ..... result in any prejudice to the plaintiff-respondent inasmuch as the charges were elaborate enough and the plaintiff respondent could meet the charges adequately. the learned senior civil judge examined charge (1) to ascertain whether it was elaborate enough as to cause no prejudice to the plaintiff-respondent. he pointed out two defects in the charge .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-12-1967
Reported in : AIR1967Raj267; 1967CriLJ1702
..... trial with respect to each distinct offence. the object evidently is that the attention of the trial court should be directed to the evidence relating to the charge under inquiry and irrelevant matter should be excluded. this object is not achieved by adopting such procedure but defeated by placing on the record mere copies of the statements of ..... run concurrently. 2. it is needless to state the prosecution case as both the appeals can be disposed, of on the question of illegality committed by the trial judge in recording the evidence of the witnesses. it is urged by the learned counsel for the appellant that five prosecution witnesses were examined in case no. 9 but their ..... khan v. emperor, air 1928 lah 34, a person was tried separately for two offences namely, section 307, i.p.c. and section 20 of the indian arms act. the witnesses in the two cases were more or less the same. the trying magistrate recorded the evidence of the witnesses in one case and the copies thereof were taken .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-27-1967
Reported in : (1969)ILLJ382Raj
..... is difficult to say that the s.c.o.g. had prejudged the conduct of the petitioner and the proposed penalty for the alleged charges before making any inquiry into them.11. article 311 of the constitution affords a constitutional guarantee to a public servant that he shall not be dismissed or removed or demoted by ..... considered that these two circumstances are not such as are consistent with the acceptance of the money by the petitioner. it was further observed by the learned judge that:in order to find a person guilty on circumstantial evidence, the circumstance or the circumstances must be such as would irresistibly lead to an inference of ..... neglect of duty was established against the petitioner, but in the absence of any direct evidence they found it difficult to hold the petitioner guilty for positive act of deliberately undercharging the marriage party of murarilal's son especially when there was evidence to show that the petitioner had charged thirteen members of the marriage party .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-22-1967
Reported in : AIR1968Raj161
..... natural justice. want of jurisdiction may arise from the nature of the subject-matter. so that the inferior court might not have authority to enter on the inquiry or upon some part of it. it may also arise from the absence of some essential preliminary or upon the existence of some particular facts collateral to ..... and countersigned by the other, there was substantial compliance with the provisions of law according to the learned counsel and, therefore, he submits that the learned judge was in error in laying undue emphasis on the presentation of the application before the regional transport authority bikaner in the first instance, instead of before the ..... way of appeal in the event of the dismissal of the objections. as regards the conclusion reached by the learned single judge that the regional transport authority, bikaner, had no jurisdiction under section 45 of the act to grant the permit, the learned counsel submitted that the defect, if any, in presenting the application was one .....
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