Court : Rajasthan
Reported in : AIR1951Raj123
..... out. having reference to a child, it would mean putting it somewhere, where it could not receive the protection necessary for its tender age, as for instance putting it out side the house, whereby it would be exposed to the risks of climate, wild beast & the like.'the exposure, as contemplated by section 317, penal code, must be one, by ..... in the present case when the child died the offence of mt. 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. now the ..... which some danger to the life of the child may ensue. in order to make it an offence under section 317, penal code, it .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj51
..... out having attracted the attention of our popular government through telegrams, letters and the press, we have not been able to find ways and means of our protection.'in para 32, there is a reference to the insubordinate language used in the explanation and also to the fact that the petitioner bad committed a breach of ..... all these grounds and are wholly unable to hold that the action taken by the general manager was actuated by mala fids intentions. in our opinion, be acted in a highly discreet manner in appointing a committee for disposing of the various charges and not giving a finding himself. (his lordship considered the circumstances and proceeded ..... mandamus in the high court over the head of the general manager and without previous permission. for all these reasons, it was stated that the petitioner had acted' in a disloyal manner and being guilty of serious misconduct had been properly dismissed.3. the learned counsel for the petitioner conceded that the general manager of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj12
..... an offence which is not extraditable may offer a case for complaint to the government of the state surrendering the offender, but it does not give any protection to the prisoner extradited and, in the present case, the government of the uttar pradesh from where the accused was surrendered to rajasthan has expressly accorded sanction ..... state of rajasthan, and consequently the argument advanced on behalf of the accused that the enumeration of specific offences in the first scheduleof the indian extradition act should be interpreted to have excluded the trial of the offences not mentioned in the schedule in case of a person extradited to rajasthan is not available ..... judge has inferred in favour of the accused by implication that the intention of the legislature was to exclude the trial of persons extradited under the provisions of that act for offences other than those mentioned in the list. 11. the learned counsel for the accused has cited the case, -- 'united states v. william rauscher', .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj43
..... to the facts of this case. here it is the tenant who is supposed to give up the protection which the law gave him. it would be against public policy to permit him to do. the next case is -- 'sahabuddin v. mohan lal ..... justice at the end of the judgment remarked as follows:'it was open to a tenant to forego the protection given under the act and to agree to vacate the premises on a fixed date. in the case before me the tenant entered ..... gave a certain advantage to the landlord also. it was held that the landlord could waive that advantage and give more protection to the tenant and that would not be against public right or public policy. that case, therefore, hag no application ..... was taken by the judgment-debtor jagjivan singh that the decree was not executable and reliance was placed on section 26 of the rajasthan act. it seems that that section, was not mentioned in the application of objection; but the case for the judgment-debtor rested both in .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj158
..... persons are not, by nature, attainment or circumstances equal and the varying needs of different classes of persons often require separate treatment, and, therefore, the protection clause has been construed as a guarantee against discrimination amongst equals only and not as taking away from the state the power to classify persons for the ..... alleged culprits than are ordained by the code. it deprives them of certain privileges which the code affords them for their protection. those singled out for treatment under the procedure of the special act are to a considerable extent prejudiced by the deprivation of the trial by the procedure prescribed- under the criminal procedure code. not ..... in it engendered. that cannot be when ramchandra is tried by one procedure and sakharam, similarly placed, facing equally serious charges, also answering for his life and liberty, by another which differs radically from the first.the law of the constitution is not only for those who govern or for the theorist, .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj173
..... whether the applicants had another remedy open to them.21. one last argument urged on behalf of the tenants may be noticed. reliance is placed on section 4, rajasthan (protection of tenants) ordinance (no. 9) of 1949. section 4(1) reads as follows:'so long as this ordinance is in force in_ any area of rajasthan, no tenant ..... state comes first and compensation comes afterwards if there is any infringement of any surface rights. this clearly shows that the elaborate procedure provided by the marwar land acquisition act, 1947, is not applicable to occupation of land by the state under section 231. it is only after the state has occupied the land, and if there is ..... of these minerals is, in our opinion, clearly a public purpose, as it adds to the wealth of the country, helps in improving the standards of life of its people, and goes to make the country economically self-sufficient with respect to the minerals so worked.besides these general considerations, there are also certain special .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj65
..... 'thomas connolly v. union sewer pipe co.', (1901) 184 tj s 540 (h). that was, however, clearly a case hit by the equal protection clause, for the act impugned in that case provided that it would not apply to agricultural products or live stock while in the hands of the producer or raiser. thus while ..... its discriminations are based upon adequate grounds.' 67. the contention in that case was that a certain enactment viz., texas workmen's compensation act was in conflict with the equal protection provision of the 14th amendment inasmuch as employees of the excepted classes only were entitled to certain privileges which were not available to employee ..... amended by article 212a were never complied with in connection with the main act. the main act being thus invalid, the amendment act, being merely an amending act, became invalid also. 4. secondly, it is urged that the two acts violated the principle of equal protection of the laws enshrined in article 14 of the constitution and discriminated in .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj185
..... of the case to the subordinate court. the constitution has conferred this power also expressly. the anti-ejectment officer dealing with cases under section 7 of the rajasthan (protection of tenants) ordinance, 1949, cannot, in our opinion, be said to be a 'court subordinate to the high court' within the meaning of article 228 or the ..... of revenue, rajasthan, the anti ejectment officer, bayana, and 23 other respondents, who were applicants before the anti ejectment officer in 23 different cases under section 7, rajasthan (protection of tenants) ordinance, 1949 (no. ix of 1949). 2. the petitioners' case is that the petitioner no. 1 leased the whole of his land 582 bighas to ..... these powers. (4) when section 7 of the ordinance was amended on 5th may, 1952, the whole of the act, and not the amendment, should have been placed before the legislature, as the extension of the life of the ordinance was 'ultra vires' the powers of the rajpramukh, and when the ordinance had expired by lapse of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj224
..... unless that period was extended by the rajpramukh by notification in the rajasthan gazette. 'sub-section (3) of section 1 of the ordinance: it (the rajasthan (protection of tenants) ordinance) shall come into force at once and shall remain in force for a period of two yearsunless this period is further extended by the rajpramukh by ..... to as 'the notification') issued in the name of the rajpramukh of rajasthan and published in the rajasthan gazette dated 18-6-1951 could validly extend the rajasthan (protection of tenants) ordinance no. 9 of 1949 which will, hereinafter be referred to as 'the ordinance', for a further period of two years. the ordinance was promulgated ..... for the same. on receipt of his highness's approval, the draft notification placed below will be issued. the notification will extend the life of the ordinance by two years. if a tenancy act is prepared before the expiry of that period, a repeal provision will be duly made therein. sd/- s. w. shiveshwarkarchief secretary to .....
Tag this Judgment!Court : Rajasthan
Reported in : 1954CriLJ1591
..... person may disclose any communication made to him in the course and for the purpose of his employment. the proviso to this section rightly provides, however, that the protection of the section will not extend to any communications made in furtherance of an illegal purpose, or to any fact showing that a crime or fraud has been ..... from the point of view of justice, if it is made with the aid of skilled legal advice-advice so valuable that in the gravest of criminal trials, when life or death hangs in the balance, the very state which undertakes the prosecution of the prisoner, also provides him, if poor, with such legal assistance.the same ..... specially when they are in custody from the time that they had been arrested and accused of an offence.6. reference may also be invited to b, 126, evidence act, which makes all communications between professional advisers like a barrister, attorney, pleader or vakil, and their clients confidential, and it is only when the clients express consent, that .....
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