Court : Rajasthan
Reported in : RLW2006(1)Raj573; 2006(2)WLC42
..... impugned judgment as well as record of the trial court.9. in bindersing nlrmalsing kalli and ors. v. state of maharashtra (supra), the division bench of the bombay high court considered the charge framed in that particular case as reproduced in the judgment and held as under:-the third and last submission made by shri daga relates ..... of india ii (1994) ccr 1403, smt. taro v. state of rajasthan 1999 (1) efr 280, john ohuma ogmekwe and anr. v. intelligence officer, narcotic control bureau, bombay and anr. 1999 (1) efr 107 and raghubeer v. state of u.p. 2001 cri. l.j. 365 in support of his contention. he also contended that weighment of ..... in similar circumstances in bindersing nirmalsing kalli and ors. v. state of maharashtra 1999 (1.) efr 324, the bombay high court acquitted the accused only on this ground. he further contended that so far as section 18 of the act is concerned the appellant has wrongly been convicted as appellant was admittedly holding a licence, therefore, possession of any .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(4)Raj2731; 2004(4)WLC554
..... of maharashtra and anr. (5), two judge of hon'ble supreme court had occasion to consider the case of a zairian national, who arrived at the sahar airport, bombay by an ethiopian airlines flight on november 22, 1990. intelligence officer in narcotic control bureau had received information that one zairian national, kalema tumba was to arrive by that ..... @ laxmi narain was examined while he was in custody. in these circumstances, the statements cannot be used against the appellants.section 50 of the n.d.p.s. act-8. it is the case of the prosecution that inspector kishan lal pw-7 before conducting the search of appellant lachhu @ laxmi narain served him with written notice under ..... coloured plastic bag was searched, opium weighing 4.050 kgs. was found in it. statement of lachhu @ laxmi narain under section 67 of the n.d.p.s. act came to be recorded. necessary memo with regard to arrest, recovery, option etc. were drawn. lachhu @ laxmi narain informed that he had purchased opium from nathu lal. a .....
Tag this Judgment!Court : Rajasthan
Reported in : 2(1989)WLN(Rev)301
..... observed that the courts should ordinarily feel relunctant to interfere with the order of transfer because it is the government who has to run the administrative machinery. if a particular act of the government is done in normal course, be it dis-advantageous to some and advantageous to others, the courts interference would be undesirable. how ever, if there are elements ..... for delateral purposes and with oblique motive is vitiated by abuse of powers. their lordships had noticed the judgment of the bombay high court in seshrao nagorao umap v. state of maharashtra (1985) 2 lab. 1 j. 73 wherein the bombay high court relying on the observations of the supreme court in b.p. bayappa v. state of tamil nadu : (1974)illj172sc .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2008Raj49
..... has remarried and in the event of re-marriage, the custody of child has been transferred to the maternal grand-mother who lives at sikar permanently and temporarily at bombay which is evident from the power of attorneys executed in favour of the advocates filed before the courts, including this court, representing smt. hussain bano in whose ..... filed an application stating therein that the trial court has no territorial jurisdiction to entertain the application as the child is living at bombay which is his ordinary residence in terms of section 10 of the act of 1890.5. it is also stated in the bar that on 11-9-2006, before filing objections to the application ..... her husband, who is running his business at bombay. smt. rubina bano, respondent no. 1 contracted another marriage with one tanveer ahmed on 20-8-2006. noticing this development, on 31-8-2006 an application under section 10 of the act of 1890 was filed by the petitioner for custody of the minor child. the respondents filed the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(2)WLN55
..... v. narayan diwakar, : 1999crilj3666 , the hon'ble supreme court considered a case where the respondent was the incharge/collector in daman within the territorial jurisdiction of bombay high court and an fir had been lodged against him in daman for hetching conspiracy. he stood transferred to arunachal pradesh within the territorial jurisdiction of gauhati high ..... case the learned single judge of this court considered two contrary judgments by the division bench of this court on the same point, viz., mishrimal v. moda, 1951 rlw 433 and abdul gafoor v. sensmal and ors., air 1955 raj. 53 and followed the former one, observing as under:..if the assignment were to ..... petitioners and without informing them or giving any notice even subsequent thereto. endorsement/assignment did not involve the defendant-petitioners in any manner and in absence of any act on their part, it cannot be a 'cause of action' at all, which may create territorial jurisdiction of the civil court at jodhpur.35. the 'cause .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1977Raj46
..... insurance co., ltd. v ranasinghe, (1964) 1 all er 457 where the ceylon motor car ordinance of 1938 was repealed and replaced by the ceylon motor traffic act, 1951. the act of 1951 contained no transitional provision designed to preserve rights or claims originating under the ordinance of 1938, but by the ceylon interpretation ordinance of 1900, section 6 (3) ..... these english authorities learned advocate-general quoted various observations from the supreme court cases reported in moti rani v. suraj bhan, air 1960 sc 655, keshavan v. state of bombay, air 1951 sc 128, k. m. s. lakshmanier and sons v. commr. of income-tax and excess profits tax, madras, air 1953 sc 145 and income-tax officer. ..... of income-tax, west bengal, air 1962 sc 162, qudrathulla v. municipal board bareilly, (1974) 1 scc 202 = (air 1974 sc 396). he also cited a bombay decision in union of india v. dr. maqeood ahmed, air 1963 bom 110.13. mr. advocate-general on the other hand submitted that there is lot of difference between .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(2)WLN267
..... mind. similar view has been taken by the hon'ble supreme court in forest range officer vs. p. mohd. ali (27). in municipal corporation of greater bombay vs. indian oil corporation ltd. (28), the apex court observed as under:-'the language of a statutory provision is not static vehicle of ideas and concepts and ..... and bharat petroleum corporation ltd. vs. maharashtra general kamgar union & ors (33). in vaijanath & ors. vs. guramma & anr (34), the hon'ble supreme court held that remedial act should be given beneficial interpretation.(26). however, in employees' state insurance corporation vs. m.m. suri & associates (p) ltd., (35), the hon'ble supreme court held that ..... any of the provision of the statute. the court must look to the object which the statute seeks to achieve while interpreting the provisions of the act/rules/regulations. a purposive approach for interpreting the provision is necessary.(21). it is also settled principle of interpretation of law that any interpretation which leads .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj134
chhangani, j. 1. this is an election petition under sections 80 and 81 of the representation of the people act, 1951 (hereinafter to be referred to as the act) by shri umrao singh dhabariya, a defeated candidate, calling in question the election of shri yashwant singh nahar respondent no. 1 to the rajasthan legislative assembly ..... maha-jan j. who delivered the judgment of the court, referred to the decision in this case of air 1968 raj 249 as also to the decision of the bombay high court in motisingh v. bhaiyyalal, air 1968 bom 370. both these decisions were in respect of the chairman of the zila parishad (that is zila pramukh). ..... judge after comparing the provisions of the rajasthan panchayat samitis and zila parishad act, 1959 and the maharashtra zila parishads and panchayat samitis act, 1961 observed that 'the provisions of the rajasthan and bombay acts are, more or less, analogous to the provisions of the punjab act. all that can be said for the petitioner is that the provisions in .....
Tag this Judgment!Court : Rajasthan
Reported in : [1980]45STC201(Raj)
..... dealers and were engaged in the generation and distribution of electricity. the question which was raised before their lordships of the bombay high court, in the aforesaid case, was as to whether electric meters used by the company could be said to be used in the manufacture or processing ..... carried on principally the business of selling, supplying or distributing electric energy. it would, therefore, clearly fall within the meaning of the expression 'dealer' in the two acts.17. in commissioner of sales tax v. kolhapur electric supply co. [1976] 37 s.t.c. 587, the assessees, kolhapur electric supply co., were registered ..... on concessional rates of tax on c forms could not be justified.9. the rajasthan state electricity board was constituted under section 5 of the electricity (supply) act, 1948, for the purpose of promoting the co-ordinated development of the generation, supply and distribution of electricity in the state, in the most efficient and .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007CriLJ2983; RLW2008(1)Raj477
..... not the inference that flows from the circumstances. the answers given by the accused have to be taken into consideration.32. anant chintaman lagu v. the state of bombay 0043/1959 : 1960crilj682 it was held that a criminal trial of course, is not an inquiry into the conduct of an accused for any purpose other than to ..... ordered to run concurrently.2. the prosecution story is woven like this:informant pramod bhatnagar (p.w. 12) handed over a written report on november 2, 1995 at police station gandhi nagar jaipur with the averments that on the preceding day around 5. 30 p.m. his daughter pooja (since deceased) proceeded to attend mba classes. when ..... of the handwriting of that party, is a competent witness to say whether he believes the handwriting of the disputed document to germane or not. under the evidence act acquaintance with one's handwriting may be in three ways:(i) seeing a person write;(ii) knowledge by correspondence;(iii) habitual submission of document purporting to be written .....
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