Court : Rajasthan
Reported in : 2000(3)WLN532
..... to him in which case the communication would be direct or by indirectly communicating the admission of liability to such person, (4) section 19 of the limitation act, 1871 and 1908, by explanation given in section 19, dispenses with the necessity of addressing the acknowledgment to the person or the agent of the person claiming right or ..... enforcement of right or claim is not instituted in court within the prescribed period due to the admission). i, therefore, hold that section 19 of the limitation act, 1871 before the amendment made by inserting explanation (1), did not expressly require that the admission of liability in respect of right or property must be made to ..... or other petition for enforcement of a right.28. for above mentioned reasons, i am of the view that admissions referred in section 19 of the limitation act, 1871 were required to be such as would attract the application of fule of estoppel against the person making them. it was, therefore, necessary that an admission referred .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(3)WLN167
..... for trial to a court of session; or(iv) that any particular case or appeal be transferred to and tried before itself.(2) the high court may act either on the report of the lower court, or on the application of a party interested, or on its own initiative:provided that no application shall lie to ..... prosecute any person in any court, the public prosecutor or assistant public prosecutor in charge of the case shall conduct the prosecution, and the pleader so instructed shall act therein under the directions of the public prosecutor or assistant public prosecutor and may, with the permission of the court, submit written arguments after the evidence is closed ..... no. 366/2001 arising out of fir no. 478/2000 of police station, pratapgarh under sections 498a & 406, ipc and under section 4 of the dowry prohibition act, 1961, pending in the court of additional chief judicial magistrate, pratapgarh, district chittorgarh, rajasthan be transferred to alwar/jaipur or any other place near to delhi in the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1990(2)WLN174
..... of learned sessions judge, sri ganganagar who acquitted the respondents of charges under sections 304b and 306, ipc along with section 498' ipc and sec 4 of the dowry prohibition act, 1961, the case started on an. f.i.r. ex. p. 20 lodged at police station, hindumalkote on 27-2-1987 at 11.30 a.m. submitted by one shri .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996(1)WLN434
..... suicide within a short period of her marriage and the appellants are responsible for the same.50. the appellants failed to rebut presumption under section 113a, evidence act. they raised a false plea of mental disorlderliness of the deceased.51. therefore, having regard to the totality of facts and circumstances narrated herein before, the ..... cruelty' shall have the same meaning as in section 498a of the indian penal code (45 of 1860)49. so, the appellants, by their persistent conduct and acts created such a suffocating tense and purturbing atmosphere amounting to cruelty and, lastly, the deceased finding herself unable to bear such a surcharged and tense atmosphere, felt compelled ..... above, a mere unnatural death, by way of committing one's suicide, no presumption as provided under section 113a or section 113b of the indian evidence act can come to the aid of the prosecution and hence the prosecution prima facie failed to prove that smt. chooni was ever subjected to cruelty or harassment .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2008)DMC839; RLW2008(1)Raj276
..... for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.19. section 113b of the evidence act is also relevant for the purpose of section 304b, ipc, therefore, section 113b, ipc is also reproduced as under:113b. presumption as to dowry death.- when the question ..... be deemed to have caused her death.explanation.- for the purposes of this sub-section, 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961).(2) whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend ..... rekha by her husband or relatives of her husband soon before her death for or in connection with demand of dowry, therefore, presumption under section 113b of the evidence act cannot be raised against the accused persons, and, in absence of any consistent evidence in respect of cruelty or harassment with rekha soon before her death for or in .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1966Raj8; (1967)ILLJ279Raj
..... which was rs. 100-5-150-eb-10-200-eb-10-300, was admissible to those rangers who had successfully passed the rangers' course at the forest college, dehra dun or any other recognised institution.the grade no. ii, which we have mentioned already was meant for those rangers who could not be fixed up in grade i, for ..... areas, a fresh seniority list was prepared in which the officers of the new integrating units were also interlaced on the basis of principles evolved under the state reorganisation act. the petitioner proceeds to say that, according to the seniority list that was published in january, 1960, after the reorganisation of the state, his name appeared at ..... proviso to article 309 of the constitution and in accordance with the decision of the government of india under the provisions of section 115(5) of the state reorganisation act, 1956. the list reflects the position as was obtaining on 1-11-56. the list having been made and published under the constitutional powers of the governor .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN193
..... . air 1933 pc 63 that under section 3 of the limitation act the word 'suit' ordinarily means, and apart from some context must be taken to mean, a civil proceeding instituted ..... circumstances into consideration, it can not be said that the legislature while excluding the co-operative societies from the purview of the operation of the provisions of the act acted in a manner which may be called discriminatory under article 14 of the constitution.23. in nathudan v. state of rajasthan 1964 rlw 437 jagat narayan j. ..... under section 6 of the act and, therefore, a reference is permissible by such a court. the provisions of civil procedure code clearly show that a suit originated by filing a plaint and not otherwise. it has been held by their lordships of the privy council in hans raj gupta and ors. v. dehra dun-mussoorie electric tramway co. ltd .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(4)Raj3226; 2009(3)WLN420
..... by the presentation of a plaint.' that was laid down by the privy council in hans raj gupta v. dehra dun mussorie electric tramway co. ltd. air 1933 pc63. a proceeding for compensation under the motor vehicles act cannot be confused with a suit. that ingredient of section 3(5) has apparently not been noticed by the ..... the tortfeasor has been exempted from paying any compensation, once it is found that the claimant has made an application for compensation under the workmen's compensation act and has been awarded compensation. in the very judgment, the learned judges have made a specific reference to a disturbing aspect of this interpretation. the learned ..... , new india assurance company. in one case, the same insurance company - appellant herein insured the employer against the claim arising under the workmen's compensation act in respect of his employees meeting death or injury during the course of employment and other the owner of the vehicle or tortfeasor insured to pay compensation to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj201; 1972()WLN908
..... meaning of section 60(1)(g) of the code of civil procedure and therefore exempt from attachment. 28. section 11 of the pensions act 1871 and section 8 of the rajasthan pensions act employ identical phraseology viz. 'no pension granted or continued by government on political considerations, or on account of past services or present infirmities ..... 29. the decided cases, we have referred above, have revolved round the provisions of section 11 of the pensions act 1871. the true meaning of these phrases could not be any different in the rajasthan pensions act. at any rate whether the payment is made for 'political consideration' or by way of 'compassionate allowance' it is ..... the mamlatdar, was exempt from attachment by virtue of section ii of the pensions act 1871. that section is analogous to section 8 of the rajasthan pensions act, 1958. it will be useful to recall the language of section 11 of the pensions act 1871. it reads '11. exemption of pension from attachment. no pension granted or .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(4)Raj3162
..... district in which, and if they have been executed on or after the date on which, act no. 1864 ( xvi of 1864),or the indian registration act, 1866 (20 of 1866), or the indian registration act, 1871 (8 of 1871), or the indian registration act,1877 (3 of 1877), or this act came or comes into force, namely:(a) instruments of gift of immovable property;(b) other ..... partition made by a revenueofficer ; or(ix) any order granting a loan or instrument of collateral security granted under the land improvement act, 1871 (26 of 1871), or the land improvement loans act, 1883 (19 of 1883); or(x) any order granting a loan under the agriculturists loans act, 1884 (12 of 1884), or instrument for securing the repayment of a loan made under that .....
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