Court : Rajasthan
Reported in : 1965CriLJ702
..... 16 would have been admissible against madhodass as his admission under section 18 or 21 of the evidence act but not against bhanwarlal because at the time the statement was made by him he had no interest left in the property.10. ..... under the evidence act a fact is said to be proved 'when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does exist. ..... under section 114 of evidence act the presumption would be that of the recovered gold ingots and the melted gold of the stolen property.with regard to the gold ingot recovered from bhanwarlal the learned magistrate observedof course the p. w. ..... 9 is therefore, relevant and can be droved against bhanwarlal as his admission under section 21 of the evidence act. ..... vision of the indian evidence act. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1966CriLJ1202
..... state of west bengal, air 1962 cal 135 (fb); uma ..... to re-inforce this argument it may be argued that at least after the amendment of section 173 by the amendment act of 19s5 by which sub-section (4) has been remodelled and sub-section (5) is added, the only report that can be submitted under section 178 is a positive report ..... the magistrate when he is directing the submission or a charge-sheet in the circumstances referred to above is not acting as a senior administrative officer over-ruling in administrative capacity the decision of the police officer in charge of police station or ..... phraseology of sub-sections (1) and (2), we are of opinion that submission of a negative report is contemplated under section 173, and addition of sub-sections (4) and (5) by the amending act cannot affect the meaning to be assigned to sub-sections (1) and (2).10. ..... the investigation is complete and the magistrate does not act as an administrative officer, superior to the officer in charge of the police station or investigating officer in directing the submission of the ..... which it has been held that the magistrate cannot direct the police to submit the charge-sheet mainly proceed on the view that in doing so the magistrate is interfering in the investigation, or is acting as an officer superior to the investigating agency. ..... section 3 of the police act provides that except as authorised under the provisions of that act, no person, officer, or court shall be empowered by the state government to supersede or .....
Tag this Judgment!Court : Rajasthan
Reported in : (1967)IILLJ343Raj
..... 391 of 1964 decided on 10 september 1965), on appeal by the state of west bengal from the decision of the special bench of the calcutta high court. ..... the administrative judge or any other judge in connexion with the exercise of the disciplinary action acts as a limb of the high court and there can be no question of the government delegating any of its functions to any judge of this court in the matter of disciplinary jurisdiction. ..... 2 (2) of article 311 unless such opportunity is dispensed with by the governor acting under the provisos (&) and (c) to that clause. ..... the court or any judge acting for the court acts in the exercise of constitutional powers vested in the court by the constitution while exercising disciplinary jurisdiction. ..... it was further added that the above act was done by him against ganpat as ganpat had filed a complaint against his father sri chhitar mal regarding an encroachment in a public way in which gram panchayat, harnod, inflicted a fine of rs. ..... rule 14 (1) of the rajasthan high court rules, 1952, provides for the formation of the administrative committee, sub-rule (2) thereof provides that subject to the rules, the administrative committee shall act in its administrative and executive business. ..... 21 are consistent only with the administrative control vesting in the entire court on and the entire court should exercise it except on proof that under a valid rule or authorization any single judge or a number of judges can act for the whole court.24. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj159; 1967CriLJ922
..... that (1) the prosecutrix in a case of rape cannot be treated as an accomplice and consequently, the principle requiring corroboration in respect of an accomplice witness cannot have application in considering the evidence of a prosecutrix in a rape case; (2) that the evidence act nowhere provides that the evidence of a prosecutrix in a rape case requires corroboration; and that, (3) as a matter of prudence courts have insisted on the need of corroboration of the evidence of the prosecutrix.the eventual principle laid down by the ..... state of west bengal, air 1958 ..... on at the time and made her completely naked and then had forcible sexual intercourse with her without her consent.after the first act of forcible sexual intercourse gopi shanker had further drinks and had forcible sexual intercourse with her for the second time. ..... their lordships also made it clear that the corroboration should be such as to render the prosecution story reliable and safe to act upon and that this general statement was made both in connection with the proof of the commission of the crime as also in connection with establishing the identity ..... before the incident which occurred in the night between 3rd and 4th of june, 1965, and which has led to the present prosecution of the appellants, mst. ..... case further is that on 3rd june, 1965, arjun took mst. ..... 16 of 1965/31 of 1965 the additional sessions judge tried the seven appellants for offences under sections 376, 342 and 323, indian ..... dated 23rd of december, 1965. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1969)ILLJ382Raj
..... been inflicted on the petitioner is for two charges, namely,(1) neglect of duty, and(2) deliberately undercharging the marriage party.charge (2) is undoubtedly a graver charge because by deliberately undercharging the marriage party the petitioner was acting in a corrupt manner but the first charge, that is, the neglect of duty is not as grave as the second one and, therefore, it cannot be said that for that charge the general manager would ..... above circumstances the charge about the 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.32. learned counsel for the petitioner ..... of west bengal ..... came to the notice of the general manager, western railway, he did not agree with the findings of the enquiry officer and, therefore, on 19 february 1965, the petitioner received a memorandum from the office of the general manager, purported to have been issued under rule 1736 r.i. ..... delhi junction for checking the marriage party was not presented for examination before the enquiry officer even though a request was made by the petitioner by his letter dated 21 july 1965 which is ex. ..... second enquiry officer after holding a full-fledged enquiry was submitted to the general manager on 1 september 1965. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj233; 1968CriLJ1214
..... than 5.0 per cent of milk fat except in delhi, punjab, pepsu, uttar pradesh, bihar, west bengal, assam, bombay and saurashtra where it shall not be less than 6 per cent. ..... the learned counsel for the petitioner, however, points out that although there is no standard prescribed for 'mixed milk' in the prevention of food adulteration act of 1954 or in any rules made thereunder, by virtue of section 25(2) of the act, we have to refer to the marwar pure food rules, 1946 where the standard is prescribed for 'mixed milk ' ' thus, the utmost that can be said in favour of the accused on ..... was mixed milk of cow and buffalo and since no minimum standard was prescribed for such a mixed milk by the rules framed under the prevention of food adulteration act, 1954, the accused could not be said to have committed any offence and was entitled to acquittal. ..... opinion, would defeat the very intent and the purpose of the prevention of food adulteration act, specially in the case of milk, which is so essential for the health of the ..... report of the public analyst that the sample was found to be adulterated and the accused was convicted under section 16 of the prevention of food adulteration act, for infringement of the provisions of section 7, which prohibits sale of adulterated food. ..... and put it in 3 bottles, and after carrying out the necessary formalities prescribed under the rules framed under the prevention of food adulteration act, he sent one of the bottles to the public analyst, rajasthan, jaipur. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970CriLJ558
..... state of west bengal : 1956crilj940 .11. ..... in murder case, the prosecutor is expected to act fairly and honestly and must not withhold material witnesses simply for the reason that their evidence is likely to go against him. ..... state of punjab air 1965 sc 323.12. ..... , on february 15, 1965, to which they pleaded not guilty. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj41
..... state of west bengal : air1967cal275 it was observed that section 141 c. p. ..... where a revenue authority seeks to levy tax or threatens action in purported exercise of powers conferred by an act relating to revenue, the primary impact of such an act or threat is on the civil rights of the party aggrieved and when relief is claimed in that behalf it is a civil proceeding, even if relief is claimed not in a suit but by resort to the extraordinary jurisdiction of the high court to issue ..... it to say that the propositions of law, in this connection, have been laid down by their lordships of the supreme court in : [1965]2scr547 , referred to above, and we cannot do better than to reproduce them hereunden 1. ..... it was further observed that 'on the broad principle this court must be taken to be acting as a civil court while deciding a writ application pertaining to a civil right of a ..... lend further force to his argument, he has referred to a still later decision of their lordships of the supreme court in : [1965]2scr547 referred to above. ..... ishwarlal bhagwandas : [1965]57itr149(sc) where such a view has been ..... in : [1965]2scr547 . ..... we do not think it necessary to act out the facts stated in the writ application in detail ..... of the civil rights of the parties and the court has jurisdiction to decide those rights, it would be in consonance with the general principles of interpretation to hold that the court exercising jurisdiction in such a matter was acting as a civil court. ..... : [1965]2scr547 and sheodan .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj266; 1969CriLJ1268
..... state of west bengal, air 1961 sc 1589. 9. ..... learned 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. ..... in my 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. ..... it is 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. ..... it lays 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. ..... it was stated by him that on 24-7-1965 rakesh kumar had obtained from him one transistor on hire on the condition that he would pay rs. ..... 3 rakesh kumar on 5-11-1965. ..... that act on his part did not amount to an offence. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1968WLN145
..... be able to show favour to certain persons in the matter of promotions; (4) the circular does not serve the purposes of the rules, but goes contrary to the rules; (5) the petitioner's confidential report for the year 1965-66 was prepared by one shri pratap singh, deputy commissioner of excise, under whom the petitioner was working during the relevant year it is alleged that shri prarap singh had prepared the confidential report of the ..... agarwal placed reliance on number of cases a, state of west bengal v. ..... 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. ..... other words, by the rajasthan various services (amendent) rules, 1965, he grafted a rule in the various service rules. ..... they relate to bodies created by the statute which have to act as tribunals and have to proceed in matters before them quasi ..... in december, 1965, the governor of rajasthan made certain amendments in the various service rules by a notification issued in exercise of his powers under the proves to article 309 of the ..... 28b thus came to be inserted in the rajasthan administrative services rules, 1965. .....
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