Court : Rajasthan
Decided on : Dec-04-1973
Reported in : 1973(6)WLN972
..... direct proof of common intention is not possible and it is rather difficult to get and such intention can only be inferred from the surrounding circumstances including the act and the subsequent conduct of the accused. but the common intention must be the necessary inference from the circumstances proved in the case. in the present case ..... injuries on the person of hamidullah, their lordships held that there were no circumstance from which it could be inferred that the appellant mahbub shah must have been acting in concert with wali shah in pursuance of a concerted plan when alongwith him ran to the rescue of ghulam quasim shah. their lordships further observed that ..... above we are clearly of the opinion that from the material available on record we are not able to raise an irresistible inference that juglal and mansing were acting in furtherance of the common intention to commit the murder of fakirchand.23. we have held above that the conviction of the appellants under section 302 cannot .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-03-1973
Reported in : 1973(6)WLN981
..... the prevailing market rate of the land. what ever may be the reason, the evidence clearly shows that gangaram sold the suit land on very advantageous terms and his act in selling the ancestral land & purchasing another land was a profitable bargain and it conferred benefit to the family.15. mr. jain's next contention is that the ..... ' may not be regarded as an admission by the mortgagees as the deed was executed by the mortgagors hut it is admissible under section 13 of the evidence act as assertion of title and when it is under the mortgage-deed that the mortgagess claim, its pribative value as agginst them and as against the lessees who claim ..... for misjoinder of parties?6. whether the court-fee paid by the plaintiffs is insufficient?7. whether the plaintiff's suit is barred by time under article 113, limitation act?8. whether the defendant no. 1 is entitled to compensatory costs under section 35a of the civil procedure code. if so, to what extent?9. relief?10. whether defendant no .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-22-1973
Reported in : 1973(6)WLN225
..... obtained exparte injunction.i am satisfied that such a course is not permissible and would completely defeat the very provisions of section 257b of the rajasthan land revenue act because in this case any person instead of paying his amount to the revenue authorities would file a civil suit for injunction with a prayer that the revenue ..... to a local authority:(i) by way of fees, fines, penalties, compensation or costs imposed or awared by any authority, not being a civil or criminal court, under this act or under any other law for the time being in force, or(ii) on account of pasturage, forests rights, fisheries mills, natural products of land, water-rates, irrigation ..... rs 4000/- from the plaintiff pending the disposal of the suit. this application leaves no room for doubt that the recovery proceedings under section 257 a of the act had commenced. a suit to restrain the recovery by an injunction is impliedly barred as that would interfere with the process of recovery. i may, however, make .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-24-1973
Reported in : 1973(6)WLN352
..... the suit.9. now, i may deal with the question whether the learned munsif was justified in striking out the defence of the defendant under section 13(6) of the act. in dealing with this question the learned munsif, inter alia, observed' 'when this present suit was instituted for the back portion, the defendant might have deposited all dues ..... with respect to the suit property in order to save himself from the rigorous consequences of the mandatory legal provisions contained in section 13(6) of the rent control act. he cannot be absolved from the liabilities on the pretext for which there is no reasonable and valid around to think that both the premises are part of the ..... a statutory obligation. according to counsel for the plaintiff the unnecessary deposits of rent in earlier suit with regard to the premises involved in this suit is a malafide act on the part of the defendant. he attempts to show that it was a common tenancy so that the plaintiff is turned out of the court. but the attempt .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-21-1973
Reported in : 1973(6)WLN436
..... according to the advice of sardara dakot unless human sacrifice had been made, no child could survive. p.w 9 mohin, d:vi, a teacher in churu bal vatika, has stated that soma 2 to 3 years back the accused had come to her school and had told her that if someone had not got a child ..... witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.illustration (b) to section 144, evidence act, however provides:that an accomplice is unworthy of credit, unless he is corroborated in material particulars.reading these two provisions together the courts in india have held that while ..... required is that there must be some additional evidence rendering it probable that the story of the accomplice or the complainant is true and that it is reasonably safe to act upon it.his lordship hidayatullah j. in saravanabhavan v. state of madras : 1966crilj949 , laid down the law thus:ordinarily a court seeks for corroboration of the .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-11-1973
Reported in : 1973(6)WLN736
..... of the prosecution witnesses relating to the incident does not appear to be true and reliable. the circumstances established on the record clearly show that the appellants had acted in self-defence, although they had not specifically pleaded the right of private defence.14. for the foregoing reasons, we accept this appeal, set aside the convictions ..... of person or property, the court may take cognizance of this fact, if, upon scrutiny of evidence before it, it arrives at a conclusion that the accused acted in exercise of his right of private defence. in this connection, reference may be made to an authority of the supreme court in munshi ram v. delhi administration ..... prosecution could not account for the injurus sustained by shivji nath and his mother mst. bhanwari and, therefore, its failure raises a strong presumption that the appellants acted in the right of private defence of person. he further submitted that even if the appellants had not set-up the plea of exercise of the right of .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-22-1973
Reported in : 1973(6)WLN934
..... ornaments.36. vehement argument was addressed to us in regard to the unfair investigation and it was submitted that because of this unfairness the statements under section 27, evidence act should be disbelieved. reliance was placed on ghazi v. state : air1966all142 and amin v. state : air1958all293 . in ghazi's case : air1966all142 the learned judges ..... emperor 29 cr. l.j. 1009 (1014); in re kallameedi chenna reddi 42 cr.l.j 582 tahsilder singh v. state : air1958all214 and delhi administration v. bal kishan : 1972crilj1 mr. purohit appearing for the respondent rama and kanwar singh urged that it was highly improbable that this witness would have been able to identify rama ..... it. amin's case : air1958all293 , however, lays down that articles 20(3) of the constitution of india applies to discoveries under section 27 of the evidence act, if these discoveries are the results of compulsion, and the scooe of section 27 is itself restricted by article 20(3) of the constitution and the discoveries .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-22-1973
Reported in : 1974CriLJ234; 1973()WLN582
ORDERM.L. Joshi, J.1. This revision is directed against the judgment dated 10-9-1971 of the learned Addl. Sessions Judge, Ganganagar, whereby he convicted accused Sheodan under Section 324, I.P.C. and accused Kishanlal and Amilal under Sections 324/34, I.P.C. Each of the accused was sentenced to nine months' rigorous imprisonment and a fine of Rs. 500/- and in default to undergo further three months' rigorous imprisonment.2. The prosecution case is that the accused-petitioners, hereinafter to be referred as the accused, were inimical to Roopram, the injured. It is said that on 14-4-1968 at about sunset injured Roopram was returning to his house on camel's back from his field carrying a load of green grass. When the injured . reached near the house of Kaniram Jat, Sheodan accused challenged him and fired a gun shot at him which injured him on the left hand as a result of which he fell down on the ground. The remaining two accused Kishanlal and Amilal were standing in the lane with Sheod...
Tag this Judgment!Court : Rajasthan
Decided on : Mar-05-1973
Reported in : [1974]33STC174(Raj); 1973()WLN314
..... the rival contentions it will be profitable to extract the relevant portions of the law which are assailed before us. section 10(b) of the central sales tax act, 1956, reads:section 10. penalties. -- if any person....(b) being a registered dealer, falsely represents when purchasing any class of goods that goods of such ..... issued to it in respect of agricultural machinery parts for resale only. on 6th august, 1962, inspector baijal noticed that the certificate under the central sales tax act related only to agricultural machinery parts but the petitioner was taking benefits thereunder in regard to other machinery and goods. the petitioner, therefore, asked for an ..... board of revenue, rajasthan, dated 24th may, 1967, and they can be conveniently disposed of together.2. the petitioner is a registered firm under the indian partnership act, 1932, and has been carrying on the business of selling diesel engines, generators, electric motors, pumps, bearings, etc., at jaipur. it is registered as a .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-07-1973
Reported in : 1973CriLJ1447; 1973()WLN160
..... to maintain a record or a register and in maintaining that register he makes some entries which are false to his knowledge, he is certainly purporting to act, though not actually acting in the execution of his duty, because he is making certain entries in the register, knowing them to be false. hence for prosecution under section 409 ..... these authorities that it is not every offence committed by the public servant that required sanction for prosecution under section 197(1), criminal p. c. but if the act complained of is directly concerned with his official duty, then sanction would be necessary and that would be so irrespective of the fact whether it was a proper ..... fact that the accused made an entry in discharge of his official duty in the acquittance rolls and then made payment of the amounts to the workers. here the act complained of is, as has been stated above, directly concerned with the official duty of accused lakhpat raj and, therefore, sanction is a condition precedent to the .....
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