Court : Rajasthan
Decided on : Sep-10-1964
Reported in : AIR1965Raj32; 1965CriLJ219
..... may be remarked here that having regard to the definition of the word 'proved' in section 3 of the evidence act in considering the question whether a particular fact is proved or not the court should primarily consider whether there is a requisite degree of probability of the fact having existed on a ..... doctor for furtker examination. be that as it may on the statement of the doctor as it stands, the conviction of the appellant under section 304, part ii, indian penal code', is not safe and cannot be sustained.7. next submission made by mr. chatterji is that there is no satisfactory ..... to the likely effect of the injuries. it will be proper to observe in this connectionthat the public prosecutors should be careful in examining medical witnesses and should bring on record the opinion of the doctor as to whether the injuries in a given case were sufficient in the ordinary ..... that even on accepting the prosecution allegation in its entirety, no case under section 304, part ii, indian penal code, is made out on a proper interpretation of the medical evidence. dr. b. p. jangid pw/l is the medical witness who had conducted the post mortem examination on the person of deceased kaluva ..... . he noticed four injuries on the person of the deceased. these four injuries are detailed below:1. incised wound 1' x 1/8' x 17.4' on the unlar side of right forearm in the middle placed vertically. 2. incised wound 1/2 .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-07-1964
Reported in : AIR1964Raj255; 58ITR169(Raj)
..... has not been defined in the act although section 2(4) defines 'business' to include any trade, commerce, or manufacture or any adventure or concern in the nature of trade, commerce or manufacture. the definition is obviously an inclusive one and we are in agreement with the view expressed in commr. of income-tax, bombay city i v. evans medical supplies ltd. : 36itr418(bom ..... would attract the application of sub-section (1) of section 42 and w' are disposed to hold that such a business conneo tion ..... agency is the sine qua non of the business connection contemplated by sub-section (1) of section 42.as we have pointed out, the expression 'business connection' cannot be said to be confined to the definition of the term 'business' in section 2(4) of the act, although it is related to that definition. in fact it is 'any' business connection in the taxable territories which ..... in manufacturing carpets is an operation carried out in the coarse of its business by a person or firm which manufactures carpets and that the purchase contributes to an appreciable degree to the ultimate profit which is realised on the sale of the manufactured articles. the learned judges further observed that a wise purchase of raw materials must contribute to a .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-25-1964
Reported in : AIR1965Raj15
..... to a discussion of the question as to whether the machinery in the present case fell within the definition of immoveable property. section 2(6) of the indian registration act gives the following inclusive definition of the expression immoveable property:'2(6) 'immoveable property' includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries ..... permanent beneficial enjoyment of the building to which it was attached. or can it be said within the definition of the expression immovable property as given in section 2(6) of the registration act that the machinery was permanently fastened to something which was attached to the earth. we have given our ..... the question was whether a flour mill which could be removed from one place to another was immovable property within the meaning of section 2(6) of the registration act. the flour mill in this case was a heavy machine consisting of large pieces of iron and other metals and was attached ..... to decide the controversy before us. in the second case the facts were that the machinery was set up by the owner thereof with the definite object of running an oil mill and not with the intention of removing it after a temporary use. it was held that this was ..... not immovable property as a result of attachment or annexation to land, two tests have been laid down, viz. (i) the degree or mode of annexation, and (2) the object of annexation; and that of the two tests the latter is the more important, and the answer to that must .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-13-1964
Reported in : AIR1964Raj161
..... in thepresent case, the charge of excessive delegation cannotsucceed. 15. now, let us look closely at the several important provisions of the act. section 1 deals with its short title and commencement, and section 2 with definitions of certain expressions used in the act. section 3 lays down that the university of jodhpur shall be a corporate body having perpetual succession and a common seal and shall ..... sue and be sued by the said name. section 4 sets forth the powers of the university, namely, to provide for instruction insuch ..... case was the instructions of the rajputana university that persons who had passed their intermediate examination as private candidates from other universities or boards should not be admitted to the degree classes of colleges affiliated to the university of rajputana except teachers and women candidates. the main ground of attack was that these instructions which were based on a resolution of ..... us to have a useful bearing on the point we are discussing. the petitioners in this case were students of the second year m. b. b. s. class of a medical college at cuttack. they appeared at the first m. b. b. s. examination of the utkal university in anatomy and phy. siology in 1931. the examinations were conducted by .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-26-1964
Reported in : AIR1965Raj98
..... considerable help in construing the term 'final' used even in statutory provisions relating to municipal administration under the 1959 act. section 300 of the 1959 act, or for that matter section 210 in the 1951 act occur under the chapter xii relating to control. the scheme of that chapter in both the enactments seems to ..... by the revenue appellate authority. thus, the case of the petitioners is that, revision before the revenue appellate authority under section 300 of the 1959 act was not at all competent;2. that on merits the order of the collector was correct and the revenue appellate authority was not justified in interfering with ..... to the cities of rajasthan was passed in april, 1950. it was known as the rajasthan city municipal appeals (regulation) act, 1950. the definition of the term 'city' as given in that act was a very limited one and it embraced only the cities of jaipur, jodhpur, bikaner, udaipur, kota and alwar, ..... for it.''one has to begin (said evershed m. r. in 1958) 'by the consideration that judicature act is a consolidating act and one does not look for substantial changes in the law...... ..... ordinary purpose of a consolidating act is preserved, and it will not be wrested from its declared objects and applied to others, by which process an amendment would be placed in a statute where the public and the profession would not be to the least degree on their guard to look out .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-31-1964
Reported in : AIR1967Raj104; 1967CriLJ809
..... government over the production, supply and distribution of the essential commodity should be discontinued and, therefore, parliament enacted the essential commodities act, 1955 as a special and a permanent measure and that by virtue of sub-section (2) of section 16 of the act, the coarse grains (removal and control) order, 1954 shall now be deemed to have been issued by the central government ..... of the defence of india rules. his contention is that this rule provides that the central government or the state government or any of its delegate under section 40 (2) of the defence of india act can regulate by licence, permit or otherwise the production, manufacture, movement, transport, distribution, disposal, acquisition, use or consumption of articles or things of any description ..... a constitution which envisages a distribution of powers between the states and the union, and if so understood, the concept must recognise the need and the legitimacy of some degree of regulatory control, whether by the union or the states; this is irrespective of the restrictions imposed by the other articles in part xiii of the constitution.'17. similar ..... impugned order issued by the district magistrate. kota puts restriction on the movement of jowar and maize which, according to the definition given in the essential commodities act, 1955, are coarse grain. these two orders are undoubtedly inconsistent with each other and both of them cannot be obeyed simultaneously and, therefore, one of them shall have .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-04-1964
Reported in : AIR1965Raj3
..... terms of the mortgage. this order is also being challenged on behalf of the defendant- it is contended that the writing is admissible under section 17(2)(xi) of the registration act. this writing runs as follows:^^mkslh dqutykyth pheuykythckalokm+k uxkor ykypunth hkojykyth fy[krksa tkgj caoth vijp rekjk edku uh vkm+jgu uh jftlvh ..... remaining due against him would thus come to about rs. 3,500/-. he agreed to take this amount in yearly instalment of rs. 300/-each. section 17(a)(xi) runs as follows: 'any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, ..... to it. if the agreement is oral, it is hit by proviso 4 to section 92, evidence act, for it 'rescinds' or 'modifies' the contract of mortgage. if it is in writing, it is hit by section 17(1)(b), registration act, for in that case the writing itself 'limits' or ''extinguishes' the liability under ..... not in any way extinguish the mortgage. but if the obligation under the deed is discharged, not according to its tenor but by a fresh act of will of the mortgagee in the absence of which it would not be so discharged, then it involves a variation in the terms of the ..... the inference from this is that lal chand admitted having received payments totalling about rs. 2,500/-. so far as this document evidencing the receipt of this payment towards the mortgage is concerned it is admissible under section 17(2)(xi). 8. the defendant should therefore be allowed to prove this document for the above .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-11-1964
Reported in : AIR1965Raj130; 1965CriLJ132
..... that the witness had clearly stated that whatever was stated by the injured was reduced to writing and was contained in ex. p-8. dr. r.s. agarwal is also definite on this point. on cross-examination he clearly stated that the injured was making his statement by speaking from his mouth and not by gestures. in view of this evidence ..... counsel for the appellant has not led any stress on the defence evidence and we think rightly. we are, therefore, of opinion that the appellant has been rightly convicted under section 302 i.p.c. as he has been awarded lesser of the two sentences permissible under law, there is no room for interference. 7. the appeal, therefore, fails and is ..... report is that it was in working order. after committal proceeding both the accused stood their trial before the sessions judge, ganganagar--hari ram under section 302 i. p. c. and ram chancier under section 302 read with, section 34 i. p. c. both the accused pleaded not guilty. hart ram denied the prosecution case altogether and pleaded that he had gone to ..... motor vehicle borrowed from one of the polling parties to raisingh nagar hospital. dr. r.s. agarwal, medical officer incharge dispensary primary health centre, raisinghnagar, examined thakar ram at 11.05 a. m. the wound of entry of the shot was a lacerated wound 2' x 1' with inverted edges and blackening of skin in the right renal area. the wound of .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-18-1964
Reported in : AIR1967Raj98
..... the learned judge found corroboration of the appellant's confession from the following facts:(1) she was at the plaee of occurrence; (2) from the injuries of the deceased; (3) from the medical evidence; and (4) from the fact of broken pieces of her bangles. the learned counsel for the appellant contends that the statement ..... of the answer to question no. 6, it is contended that the confession is hit by section 24 of the evidence act. reliance is placed on dinanath sunderaji v. emperor, air 1921 bom 70. section 24 of the indian evidence act runs, as under:'a confession made by an accused person is irrelevant in a criminal proceeding ..... making it he would gain any advantage or avoid any evil of a temporal nature m reference to the proceedings against him.'before the provisions of this section are applied, the court has to see firstly, whether the confession has been made by any inducement, threat or promise having reference to the charge ..... in reference to the proceedings against him: while the opinion is that of the court, the criterion is the reasonable belief of the accused. the section, therefore, makes it clear that it is the duty of the court to place itself in the position of the accused and to form an opinion ..... , judges have thought fit to reject it for the due administration of justice.' in durga dutt v. state, it was held that:'section 24 does not require that the accused should be able to prove that he made the confession under any inducement, threat or promise, as mentioned in .....Tag this Judgment!