Court : Rajasthan
Reported in : 1949CriLJ1003
..... read with section 33, evidence act the objection advanced by defence counsel of this point having been overruled. ..... and section 83, evidence act, i think the mazkuri who is said to have taken the summonses for service to these witnesses should have been examined in court, and his deposition rccordod to the effect that though he made efforts to serve summonses on .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1950Raj2
..... in order that time may be extended under section 6, limitation act, the appellant must satisfy the court why delay had occurred. ..... the learned counsel probably had very vaguely the provisions of section 13, court-fees act in his mind when he appended this note. ..... this means that every wrong advice given by the counsel will not amount to a sufficient cause entitling the appellant to claim indulgence under section 5, limitation act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1950Raj16
..... the admissibility depends upon the confession having been made without any inducement, threat or promise referred to in section 24, evidence act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1950Raj5
..... authorities leads us to the conclusion that although corroborative evidence need not be insisted upon, the court must find that the evidence given by him in the committing magistrate's court was true and that it can act upon it in preference to the one given in the sessions court. ..... accordingly, it is a rule of prudence that this confession should not be acted upon unless it is corroborated in material particulars. ..... 887), it would be wise not to act upon the statement of the witness unless it is corroborated by some other independent evidence. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj135
..... having fallen through & there being no reference, in the charge, to the furtherance of a common intention nor to the specific act of any of the accused, it is difficult to see how the conviction of the present appcts. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1950Raj51
..... any magistrate, or when any public servant who is not removable from his office save by or with the sanction of a provincial government or some higher authority, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction: (a) in the case of a person employed in connection with the affairs of the federation, of the governor-general ..... this article runs as follows :'except with the previous sanction of the raj pramukh no proceedings, civil or criminal, shall be instituted against any person in respect of any act done or purporting to be done in the execution of his duty as a servant of any covenanting state before the date on which the administration thereof is made over to the raj pramukh.'8. ..... how can a prosecuting agency, before launching the prosecution, take for granted that the court will arrive at the conclusion that the act was done in bad faith and hence they need not obtain the previous sanction of the government or his highness the raj pramukh, as the case may be. ..... the only condition precedent is that, before the date on which the administration of the covenanting states was made over to the raj pramukh, he should he in service of the state, and the act in respect of which the prosecution is launched, should have been done or purported to be done by him in the execution of the duty. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1950Raj15; 1950CriLJ499
..... the first point taken up in revision before the court is that the documents in question are no 'news-sheets' within the meaning of section s (6) of the act which lays down that 'news-sheet' means any document.....containing public news or comments on public news or any matter described in sub-section (1) of section 4. ..... the applicant, in the circumstances, has rightly been convicted under section 18 (1) of central act, xxiii [23] of 1931, and sentenced to undergo one month's simple imprisonment. ..... the second point pressed by the counsel for the applicant in revision before the court is that since the search of the house of the applicant was made without obtaining a warrant as required under section 16 (2) of the act no adverse inference whatsoever be drawn against the appli-oant. ..... the applicant stands convicted under section 18(1) of central act, xxin [28] of 1931 and sentenced to undergo one month's simple imprisonment. ..... the contents of the documents have been read out in court, and certainly offend against the provisions of section 4 (1) of the act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj148
..... no doubt, acting on the spirit of the provisions of the section the cts. ..... act is not in force in bikaner state. ..... act, it has been argued by the counsel for the resp. ..... act, the applt. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj123
..... bani, under section 317, became absorbed in the more serious charge of culpable homicide, & the unlawful act of exposure having directly caused the death & being done with knowledge it was likely to cause death, brought the accused within the operation of section 304.'9. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj127
..... did not give any decision as to the powers of the crown in such cases, but held that the deft's acts could not be justified on the ground that they were done by the authority of the crown for the purpose of enforcing obedience to a treaty or agreement entered into by the crown & a foreign power ..... - treaties or contracts between nation, & nation, which are also known under the name of conventions, declarations, protocols, or general acts, are usually agreed upon by agents appointed by the treaty making authority in either state, the english agents for such purposes being appointed by the crown.where plenipotentiaries, or agents ..... by treaty (at any rate when made to put an end to war or to prevent war), that it is an offence by the common law to disobey the provisions of a public treaty or modus vivendi of the kind in question & that acts of the executive in enforcing obedience to such a treaty do not give a cause of action (see ibid at p. ..... are competent to inquire into matters involving the construction of treaties & other acts of state; & the plea of an act of state, or that the matter involves the construction of treaties affords no valid defence to an action against officers of the crown for interference with the private sights ..... where the agents are acting under a limited authority, the agreements come to are usually termed spensions, & must be either tacitly or explicitly ratified by the sovereign power in the respective states.the great seal of the united kingdom is to be .....
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