Court : Rajasthan
Reported in : AIR1969Raj266; 1969CriLJ1268
..... counsel for the petitioner is true to the extent that the said case was one of criminal conspiracy and of certain overt acts committed in pursuance of the said conspiracy beyond the territorial jurisdiction of the court, but this court cannot ignore the observations made by their lordships and the law which is laid down in the said case. ..... learned counsel for the complainant, vinod kumar could also be tried at bikaner because of the provisions of section 181 (2), but that section only lays down that the offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a court within the local limits of whose jurisdiction any part of the property which is the subject of the offence was received or retained by the accused person, or the offence was committed. ..... down that when an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offence may be inquired into or tried by a court within the local limits of whose jurisdiction either act was done. ..... pointed out that it was a case of criminal conspiracy and of certain overt acts committed in pursuance of the conspiracy beyond the jurisdiction of the court where the conspiracy was hatched. ..... opinion, this section also would not apply to the present case, because the only act alleged against rakesh kumar at bikaner was that he had received the transistor on hire. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1968WLN47
..... then went on to make the following further observation which also bears on the present controversy:the question is not ..... to in respect of matters legitimately falling within the scope thereof elaborate proceedings by way of a suit moving time and expense, to the detriment of the ultimate interests of the company under liquidation, were not contemplated in the absence of any specific provision in this behalf in the act, itself and in the absence of any rules famed by the high court concerned under section 45-c, the procedure must be taken to be one left to the judgment and discretion of the court, having regard to the nature of the claim and of the question there in involved.their lordships .....
Tag this Judgment!Court : Rajasthan
Reported in : 1968WLN8
..... the facts of the present case it is obvious that the petitioner hari khan voluntarily entered the territory of pakistan in the course of partition of india during the year 1947 his case, therefore, is not governed by section 9 of the indian citizenship act, 1955, as that section would apply only with respect to the persons who migrated from india after january 26, 1950, and not with respect to those persons who migrated prior to the promulgation of the ..... yet decided whether or not the petitioners acquired the citizenship of pakistan, the court of sub-divisional magistrate had no jurisdiction to deal with the matter.article 7 of the constitution of india reads as follows:notwithstanding anything in articles 5 and 6 a person who has after the first day of march, 1947, migrated for the territory now included in pakistan shall not be deemed to be a citizen of india....it has been proved in the present case by the prosecution that the petitioner hari khan had gone ..... to pakistan in the year 19 7 after the partition of india he will, therefore, not be deemed to be ..... kerala .....
Tag this Judgment!Court : Rajasthan
Reported in : 1968WLN121
..... counsel for the petitioner is true to the extent that the said case was one of criminal conspiracy and of certain overt acts committed in pursuance of the said conspiracy beyond the territorial jurisdiction of the court, but this court cannot ignore the observations made by their lordships and the law which is laid down in the said case.11 ..... learned counsel for the complainant, vinodkumar could also be tried at bikaner because of the provisions of section 181(2), but that section only lays down that the offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a court within the local limits of whose jurisdiction any part of the property which is the subject of the offence was received or retained by the accused person, or the offence was committed. ..... down that when an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doev were capable of committing an offence, a charge of the first-mentioned offence may be inquired into or tried by a court within the local limits of whose jurisdiction either act was done. ..... pointed out that it was a case of criminal conspiracy and of certain overt acts committed in pursuance of the conspiracy beyond the jurisdiction of the court where the conspiracy was hatched. ..... opinion, this section also would not apply to the present case, because the only act alleged against rakeshkumar at bikaner was that he had received the transistor on hire. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj182; 1968()WLN192
..... have filed these writ applications before this court praying that the reservations of certain seats made by the government of rajas-than in respect of certain classes of persons and the notification issued by the government relaxing the upper age limit from 21 years to 22 years be struck down and further a direction be issued to the government and the principals of various colleges to consider the applications of the petitioners for admission on the basis of merit after quashing the admissions of those candidates who have been admitted in pursuance ..... this notification was law as defined in article 13 of the constitution and section 32, item 41 of the rajasthan general clauses act, but he did not press this point, and argued that even though it was an executive act of the government, it was without any authority and was mala fide and had resulted in an unreasonable discrimination between his clients and other students who were 21 years or less than 21 years old on the one hand and those who were above ..... state of kerala, air 1967 ker 124 and air 1968 pat 3 which we have already referred above in connection with other points.we have given our due consideration to this matter and are of opinion that it would not be proper at this stage to non-seat the candidates who have already been admitted against the reserved quota which has been adjudged by us to be invalid. ..... singh, air 1968 pat 3 and state of kerala v. r. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1968WLN145
..... it was urged that in the absence of any criteria to guide the exercise of discretion by the selection committee the rules were hit by article 14 of the constitution; (2) in the alternative it was urged that assuming these rules to be valid the discretion was conferred on the selection committee alone for judging the merits of the officers for promotion and the impugned circular was calcvlated to fettr the exercise of discretion by the selection committee and was consequently bad; (3) that the issuing of the circular as well as making of amendment in the rules was mala fide. ..... . a statute may create statutory body, its action may no doubt, be administrative, but in the particular case the body may be required to act quasi judicially and in that event it is not to guided by anyone else and has to deal with the matter according to its best judgment in another case where a body is created by the statute and is not required to act quasi judicially, administrative instructions by govt, may be issued, provided they do not impinge on the statutory rules ..... . for future selections the marking system provides 50 marks for the record prior to 5 years and for the 5 years preceding the selection the marking will be on the basis of confidential tolls .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969CriLJ1324; 1969()WLN87
..... government advocate has argued that section 12 of the act makes it obligatory for the magistrate to direct removal of the unauthorised construction because it has been made in contravention of the provisions of the act irrespective of the consideration whether the construction is likely to cause any breach of public peace and tranquillity on the other hand it is contended on behalf of the petitioner that such an interpretation of section 12 would not in any way carry out the object of the statute but may-result in serious general inconvenience or injustice to persons in certain cases.14. ..... . in a particular case the magistrate may feel that the facts of the case do not warrant for a direction for removal of the construction, and the collector too may feel that allowing the construction to remain as it is, would not at all be objectionable, but if it is held that section 12 is mandatory then the magistrate would have no option but to direct the removal of the building and the collector would be also powerless even though as an authority under the act he feels that the contruction is not objectionable and need not have .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj53
..... the local limit of the jurisdiction of such other court, or(b) if such person has not property within the local limits of the jurisdiction of the court, which passed the decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other court, or(c) if the decree directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of the court which passed it, or(d) it the court which passed the ..... decree considers for any other reason, which it shall record in writing, that the ..... province as defined or limited by law; this jurisdiction may be regarded to be essential, for jurisdiction over the subject matter is a condition precedent to the acquisition of authority over the parties, and, if a court has no jurisdiction over the subject matter of the controversy, consent of the parties cannot confer such jurisdiction, and a judgment made without jurisdiction in such a case is absolutely null and ..... the code of civil procedure did not apply to the scheduled districts as section 1(3) excluded the scheduled districts as by act ..... kerala .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj50; 1971CriLJ405
..... it reads as follows:--'optional with court to hear parties : no party has any right to be heard either personally or by pleader before any court when exercising its powers of revision: provided that the court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader, and that nothing in this section shall be deemed to affect section 439, subsection (2). ..... of judicature for rajasthan, 1952, framed in exercise of the powers, conferred by section 46 of the rajasthan high court ordinance, 1949 read with article 225 of the constitution, reads as follows:--'(1) on receipt of a reference from a sessions judge or a district magistrate under section 438 of the code of criminal procedure, 1898, the office shall examine it and see if it is in order and ascertain whether it is accompanied by the explanation of the presiding officer of the court whose proceedings were under examination by the referring court as required by rule 80 of general rules ..... in that case a reference was received from the court of the additional sessions judge, jalore, recommending that the conviction of baghunathmal and others, for offence under section 7/3 of the essential commodities act, 1955, be set aside. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj53
..... it would be interesting to note that dhanna-appellant in the other case had appeared as a witness in this case, on behalf of the present plaintiff to support the plaintiff's case.thus there is good evidence on the record that rain water to which the plaintiff has laid his claim by way of prescriptive easement flows in a known channel along the defendants' fields and further flows to the plaintiff's fields though not over a confined track.8. ..... however, he came to the conclusion that the rain water did not pass through a defined channel and thus the plaintiff did not acquire a right to surface water which was not flowing in stream and was not permanently collected in a pool or tank or otherwise.in this view of the matter he came to the conclusion that under section 17 of the easements act no right of easement could be acquired by prescription in respect of surface water not flowing in a stream.5. ..... it has been argued that under section 17 of the easements act no right to surface water not flowing in stream can be acquired by prescription. ..... in these circumstances it is not a case of surface water in respect to which no rights could be obtained under section 17 of the easements act. .....
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