Court : Rajasthan
Decided on : Apr-06-1976
Reported in : AIR1976Raj178
..... is impleaded or applies for being made a party, then it cannot avoid the policy on any ground other than those stated in sub-section (2) of section 96 of the act, vide sub-section (6) thereof and is bound to make payment to the person entitled to the benefit of the decree, of any sum not exceeding the ..... 1968 mad 436) which has been overruled by jaya lakhshmi v. ruby general insurance co. air 1971 mad 143 (fb). it was observed therein that sub-section (2) of section 95 has not been correctly interpreted by the division bench in k. gopal krishnan's case.62. the next case in the series relied upon by the ..... policy holder, and an indemnity against other claims as provided in the policy in question. i do not think that this case has any relevance apart from definition of a 'third party'. under this ruling the policy holder, while being in her own motor car driven by her chauffer was injured in a collision ..... these factors have already been taken into account by the learned tribunal and that is why it reduced the claim from rs. 5,000/- to rs. 2,000/- on account of medical expenses. the objection therefore does not seem to be valid. as held in swaraj motors private ltd. v. t. r. raman pillai 1968 acc cj ..... it was held that in such cases, the liability to make good the damage or loss shall be proportionate, to, the degree to which each person was at fault. in this case 2/3rd of total compensation was made payable by the punjab state on behalf of the punjab roadways and the balance was to be .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-26-1976
Reported in : AIR1977Raj89; 1976(9)WLN820
..... further provision that the old members either nominated or elected under the statute will be deemed to continue as if they have been elected or nominated under newly substituted section 16 as amended by amendment act of 1972. sub-section (2) of section 16 evinces the legislative intent that statute 4 stood repealed and therefore the legislature had to make provision under the newly substituted ..... contained in the aforesaid books and the other evidence brought on the record is too meagre and not at all sufficient to arrive at a definite finding that dr. divakaran does not hold a post-graduate degree in structural engineering. on the other hand there are positive facts on the record which tend to dislodge the claim of the petitioner. admittedly dr ..... of statutes there is no room to argue that statute 4 still retained its efficacy even when section 16 was substituted by the university amendment act of 1972 and later on by the university second amendment act of 1975.26. from the foregoing discussions i am definitely of the opinion that the petitioner has no right to be nominated under statute 4 of the ..... upon such complicated disputed questions of fact which necessarily require technical knowledge of a particular speciality moresoever when there are very meagre materials on the record to arrive at a definite conclusion. the learned counsel for the petitioner has] only referred to me the university hand book of india and commonwealth university hand book which contain the profiles of the .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-21-1976
Reported in : AIR1977Raj46
..... of the matter we are of opinion that the obligation not to retain land in excess of the ceiling area arises from the time prescribed under sub-section (2) of section 30-e of the old act and from that date the rights of the state are perfected and cannot therefore be called inchoate right. the landholder also incurs a liability to part with ..... trespasser and liable to ejectment from such excess land. it may be mentioned here that though under the definition of a trespasser as given in the rajasthan tenancy act, the land-holder till the land is vested in the government under sub-section (5) of section 30-e may not come within the mischief of the term 'trespasser' yet the legislature by a fiction ..... one hand and section 68-b of the motor vehicles act read with section 6 (4) of the defence of india act on the other hand and that conflict had to be resolved. while considering the arguments of both the parties their ..... the defence of india act provided that 'the provisions of this act or any rule made thereunder or any order made under any such rule shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or in any instrument having effect by virtue of any enactment other than this act'. there was definitely certain apparent conflict between section 43 on the .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-05-1976
Reported in : AIR1978Raj31; 1976(9)WLN835
..... amendment of 1966, there was no provision in the old act corresponding to section 4 (5) of the new section substituted by section 2 of act no. xxii of 1906. the word 'thereupon' appearing in sub-section (2) of section 4 in the old section has also been omitted in the new section. by adding clause (g) in sub-section (1) of section 4 a duty has been cast upon the authorised officer ..... the owners of the company may be able to carry on their activities for private profit. it can hardly be denied that a company which will satisfy the definition of the word in section 3 (e) will be producing something or the other which will be useful to the public, and which the public may need to purchase. the contention of the ..... (1) that the land was being acquired for a party named in the notification. in the absence of that, the impugned order must be adjudged as bad in law. the definite averments were necessary to bring home the necessity of the public purpose to the objector and the appellant has been deprived of a valuable right to raise effective objections envisaged ..... of machinery parts for the use of general public and railway. in these circumstances, we are of the opinion that there being a definite public purpose behind the acquistion in the case the acquistion is justified under the act. reference may be made to r. l. arora v. state of uttar pradesh, air 1964 sc 1230. 23. fifthly, it was urged that .....Tag this Judgment!
Court : Rajasthan
Decided on : May-14-1976
Reported in : AIR1976Raj215; 1976(9)WLN277
..... signifies that it is a provisional acceptance and, therefore, it cannot be said to be a definite acceptance because as held in jawahar lal v. union of india, (air 1962 sc 378) under section 7 of the contract act acceptance of the offer must be absolute and unqualified and it cannot be conditional. now in ..... of the argument of mr. parekh therefore fails. 13. the next contention of mr. parekh is that there has in fact been no definite acceptance by the respondent no. 2 and on that ground also it cannot be said that the petitioner has failed to perform his part of the contract. he refers me ..... at least first deciding whether to accept or reject the tender submitted by the petitioners. mr. parekh says that this action of the respondent no. 2 shows utter disregard to the interest of the petitioners who had given the highest tender. that may be so, but unfortunately that will not help the ..... amount within five days and the balance of the security amount by 15th march, 1975. the petitioners not having deposited the security amount, the respondent no. 2 informed them by the impugned order dated 13th march, 1975. (ex. 7) that as they had not deposited the security amount as required by rules, ..... 1975, to the excise commissioner stating that their tender stood withdrawn and asking for the refund of the money. in the meanwhile, however, the respondent no. 2 by his letter dated 1st march, 1975 (ex. 7) informed the petitioners that their tender had been accepted and requiring them to deposit a part of .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-17-1976
Reported in : 1977CriLJ1055; 1976(9)WLN643
..... an interest in immovable property under the definition given in section 3(26) of the general clauses act and the transfer of property act. but as far as the offence under section 379 i.p.c is concerned, the matter will be governed by sections 22 and 378 thereof which define moveable property, section 22 i.p.c. says:22. ..... property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.explanations 1, 2 and 3 to section 378 i.p.c. are as follows : expl. 1- a thing so long as it is attached to the earth, not being moveable property ..... subsequent events and conduct of the parties. it was also proved that the accused had received injuries but the s.h.o. did not get them medically examined. he also did not have the fish weighed. the accused could not therefore be convicted for theft simply because they were seen catching the fish. ..... escape. i have considered over this aspect.13. the common law rule in this respect has been stated in russell on crime, 1964 12th edition, vol. 2, p. 903-5 and 1056-57 according to which larceny may be committed of animals ferae naturae if they are fit for food of man, and dead ..... the verdict of the learned lower court and contended as follows:(1) the fish are not subject of theft; being ferae naturae and incapable of possession;(2) the evidence does not prove the ingredients of theft, particularly dishonesty on the part of the accused. they believed bona fide that they were carrying the .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-23-1976
Reported in : 1976WLN853
..... is important as conveying the earliest information about the occurrence. it can be used only as a previous statement for the purpose contemplated under sections 157 or 145 of the evidence act, that is for corroborating or contradicting its maker and not of other witnesses. reference may be made to hasib v. state of bhihar ..... (deceased) did not sustain any injury on his stomach and chest. the learned additional sessions judge, who tried the case has held that looking to the medical evidence he was convinced that at the most only two accused lakha & taga must have taken part in the occurrence. on the basis of this finding, ..... the house of pabu. the learned counsel appearing on behalf of the state has also brought to our notice that a close reading of para no. 2 of the first information report reveals that the reference regarding the house of pabu in the first information report has not been made regarding hatching of ..... pw. 7 satwant kaur. in the first information report the fact of suresh's stabbing harbinder singh was not mentioned. it was mentioned therein that pw. 2 taranjit kaur and pw. 6 amarjit kaur. daughters of uttam singh had wrapped a 'chaddar' on the wound of harbinder singh but it was not ..... . mani. a complaint of this occurrence was lodged by dewa (deceased) against all the 21 persons, in the court of munsif-magistrate, jalore on april 2, 1973. besides this on 31.5.1973 dewa deceased) also got filed another complaint through p.w. 1 pura ram jat against 33 persons including the .....Tag this Judgment!
Court : Rajasthan
Decided on : May-06-1976
Reported in : 1976WLN218
..... of criminal procedure, the powers of revision against orders of interlocutory nature were taken away as is evident from the provisions contained in sub-section (2) of section 397, which read as follows:the powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. the pertinent question ..... next question that remains to be decided is whether the impugned order is an interlocutory order and the present revision-petition against such order is not entertainable. there is no definition of the expression 'interlocutory order' in the code of criminal procedure. the test for determining whether an order is interlocutory or final is whether the order has the effect of ..... the body of mst. shyam kunwar with electric current. as a result of electric shocks given to her by badri das her physical condition deteriorated day by day. she was medically examined by dr. ratanchand of choti sadri and, thereafter, was taken to mission hospital, neemuch, by the petitioner and was admitted therein as an indoor patient in the fictitious name ..... doubt that the petitioner subjected his wife to electric shocks by causing live-wires to come into contact or touch with her feet with necessary intent or knowledge specified in section 299, ipc and whether his such act resulted in her death.7. the result of the above discussion, therefore, is that this revision-petitions has no force and is hereby dismissed. .....Tag this Judgment!
Court : Rajasthan
Decided on : May-05-1976
Reported in : 1977CriLJ684; 1976(9)WLN258
..... any independent corroboration, solely on the bald and dogmatic opinion of such a person, even if such opinion is assumed to be admissible under section 45, evidence act.42. reliance was also placed on the state v. motia ilr (1953) 3 raj 655, wherein it has been held as under.whenever ..... furthermore, the specimen fingerprints of the accused were, not taken before or under the order of a magistrate in accordance with section 5 of the identification of prisoners act.even if it is assumed that the handle of the gandasa bore the finger-prints of the accused, then also it would ..... : 1963 (2) cri lj 418, wherein it was held as under:rules 3, 4 and 5 of the bombay prohibition (medical examination and blood test) rules deal with medical examination of a person who is produced before a registered medical practitioner under sub-section (1) of section 129a. to an examination to which section 129-a ..... that it is true and was voluntarily made. the court may in a particular case, be convinced of the absolute truth of the confession and act upon it without corroboration.38. reliance was placed on raja khima v. state of saurashtra : 1956crilj426 , in which it was held as under: ..... not inexorably and unmistakably lead to the conclusion that the accused, and none else was the murderer, unless it was firmly proved further that the fatal injury to the deceased was caused with this weapon. definite .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-16-1976
Reported in : AIR1977Raj38; 1976(9)WLN416
..... emphasise is that where there is any fact specially within the knowledge of any person, burden of proving that fact is upon him (see section 106 of the evidence act). on the basis of the above principle, once it is proved that there has been transfer of possession of the lease-hold property without ..... the record, the following facts stand satisfactorily proved,--(1) that the defendants carried on stationary business in the suit shop in the name of raj book depot; (2) that stationary business was discontinued and in its place, tent business commenced in the suit shop with the signboard of bharatpur tent house, proprietor, pannalal bharti; ..... the suit shop. they have also stated that they did not see pannalal bharti carrying on the business at the suit shop. both d. w, 2 and d. w. 3 denied the presence of sign board at the shop in the name of bharatpur tent house. it is, however, significant to ..... by pannalal bherti in the name of bha-ratpur tent house, as alleged by the plaintiff. in this connection, the defendants examined two witnesses d. w. 2 om prakash and d. w. 3 purshottam, besides d. w. 1 phool chand. all of them have stated that the defendants carry on tent business at ..... dated august 9, 1974, affirming the decree for eviction passed in favour of the plaintiff-landlord by the munsiff, bharatpur, on the ground of sub-letting.2. the plaintiff-landlord sought eviction of the defendants from the shop situated at bharatpur and fully described in paragraph no. 1 of the plaint, on the .....Tag this Judgment!