Court : Rajasthan
Reported in : 1994(1)WLN643
..... from close scrutiny of the evidence on record, it is apparent from both the judgments of the sub-ordinate courts that in support of the prosecution, the prosecution agency has examined pw 1 kishanchand, pw 2 achla ram, pw 3 bhanwar singh, pw 4 devisingh, pw5 magharam, pw 6 dhansingh, pw 7 jodharam, pw 8 gangaram, pw 9 afjal khan, pw 10 jaffar ali, pw 11 shankar lal, pw 12 bhanwar and pw 13 bhagwan dass. ..... the aforesaid omission on the part of the prosecution agency not taking the moulds of the foot-prints and tyre marks and not sending them to the forensic science laboratory, is fatal to the prosecution. ..... in support of the prosecution story, the prosecution agency has also produced ex.p/1 to ex.p/27 as documentary evidence.5. ..... as a matter of fact, the prosecution agency has miserably failed to establish guilt against the accused-petitioner beyond reasonable doubt, therefore he is entitled to be acquitted and both the judgments of the courts-below are liable to be set aside.12. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(2)WLC452; 1994(1)WLN446
..... the respondents have pleaded that those who have been appointed after 31.10.83 are not entitled to be treated as regular appointees and they have no right to be regularised in service through the agency of rpsc.3. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(2)WLC322; 1994(2)WLN152
..... counsel contended that in ball matters, as liberty of citizens is involved, it is the duty of public prosecutors to obtain the case diary without any delay and the investigating agency is dequally responsible towards the court for sending the case diary in time. ..... , learned counsel, appearing for the accused-non-petitioners, urged that additional sessions judge was right in granting anticipatory bail to the accused persons if the case diary was being deliberately withheld by the prosecuting agency. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(1)WLN585
..... at the time of taking cognizance, it is the duty of the trial court to embark upon an enquiry by carefully considering the complaint, the evidence collected by the investigating agency during investigation, namely, the statements of the witnesses recorded and the documents collected and to search-out from the complaint and the evidence collected during investigation: whether any person other than those, ..... the falsehood or the truth of the allegations, made in the complaint, are to be ascertained on the material placed by the complainant or the investigating agency before the court for the limited purpose of finding out whether a prima facie case for proceeding against the accused and for issuing the process has been made-out ..... of issuing the process or taking the cognizance, the scope of enquiry is very such limited and at that stage the magistrate is mainly concerned with the allegations made in the complaint or the evidence collected by the investigating agency during investigation to prima facie satisfy whether there are sufficient grounds to proceed-with against the accused. ..... while considering the case for issuing the process the magistrate has to take into consideration the inherent probabilities appearing tin the evidence led by the complainant or collected by the investigating agency in support of the allegations made in the complaint. ..... the investigating agency, during the course of investigation, recorded the statements of several witnesses, including the father of the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(1)WLN686
..... after acquittal, the petitioners moved an application for delivery of the amount which was recovered from them by the investigating agency during the investigation, claiming that amount to be their own. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(2)WLC171; 1994(1)WLN420
..... learned counsel contended that the ingredients of section 304b, ipc, are not prima facie established from the material collected by the investigating agency as there is no evidence on the record that the deceased yogeshwari devi was subjected to cruelty or harassment by any of the petitioners soon before her death and that such cruelty and harassment was in connection with any ..... during investigation, some evidence has been collected by the investigating agency shows that the petitioner ravindra prakash was having a separate mess from his brother yogesh prakash. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994CriLJ2526; 1994(2)WLC371; 1994(1)WLN455
..... courts of law, it must be kept in view that the prosecution story may not only be true but it must be true and between may be true and must be true, there is a large gap, which is to be travelled by the prosecution agency by adducing unimpeachable and reliable evidence.i. ..... in the present case, it remains unexplained by the prosecution as to how if accused bashir was alleged to be armed with a gun, the prosecution agency has recovered 'taman-cha'. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1995)122CTR(Raj)85; [1995]212ITR121(Raj)
..... the insurance income belonged to the assessee-hindu undivided family in total disregard of its own finding in the quantum appeal, vide order dated november 28, 1975, that the whole theory of earning of income from insurance agency by shri prabhu dayal sharma was a concocted one and the said income was earned, received and enjoyed by shri roop kishore goyal as karta of his hindu undivided family? ..... during the assessment proceedings, the income-tax officer found that the income earned from insurance agency in the name of prabhu dayal sharma belonged to the assessee and he was only a benami. ..... 13,335 was declared from insurance agency during the years 1967-68 to 1970-71, respectively. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(1)WLN548
..... the unfortunate part of the investigation is that the investigating agency did not hold test identification parade to identify the assailants by the witnesses. ..... this important aspect was completely ignored by the investigating agency while it did not hold a test identification parade. ..... , kota, shall arrange for a test identification parade of all the accused, who may be in jail or on bail and he shall fix a date for holding a test identification parade, on receipt of a copy of this order, in the presence of prosecuting agency. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(1)WLN1
..... act which relates to transfer of college and institutions and in that he has invited my attention to sub-section (4) of section 41 of the act which reads as under:(4) a person employed as a teacher or an employee in any college, institution or any other body or agency referred to in sub-section (1) shall, from the date of notification issued under the said subsection, be deemed to have become the teacher or, as the case may be, the employee of the university on the same terms and conditions.17. ..... it says that a person employed as a teacher or an employee in any college, institution or any other body or agency referred to in sub-section (1) shall from the date of notification issued under the said sub section be deemed to have become the teacher or as the case may be, the employee of the university on the same terms and .....
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