Court : Rajasthan
Reported in : 2000CriLJ2355; 1999(3)WLC109
..... cases, rajsamand, is directed against the judgment and order of conviction and sentence under section 8 read with section 18, narcotic drugs and psychotropic substances act, 1985 (for short 'the ndps act') and sentence of ten years rigorous imprisonment and a fine of rs. one lac; in default one year rigorous imprisonment.2. the charge against ..... court has erred in placing reliance on the recovery of contraband opium from the appellant since the mandatory requirements prescribed under sections 42 and 50 of the ndps act have not been followed by the police officer before making the search which led to the seizure of the articles. in support of his contention, ..... state of rajasthan).6. therefore the question that arises for consideration in this appeal is 'whether the mandatory procedure prescribed under sections 42 and 50 of the ndps act has been followed before taking search and seizure of the articles.'7. in this case, the search of the appellant was taken at the sati crossing, railmagra .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2006Raj73; RLW2005(4)Raj2869
..... the constitution of india by observing as follows:-'members of the state legislative assembly or the members of co-operative societies etc. etc. the representation of the people act relating to state legislative assemblies, has been enacted by the centre while the present law has been enacted by the state legislative assembly. article 14 of the ..... number of grounds have been pleaded in the petitions but what has been argued before us is that provisions contained in section 26(i-b) of the act of 1959 are discriminatory as no such provision about disqualification is contained in the matter of members of the legislative assembly and members of the parliament. the concerned ..... respondent no. 3 and 4 herein filed election petition before the learned district judge, kota under the provisions of sections 34, 36, 39 and 40 of the act of 1959 and the same is pending disposal before the said court. it appears that the petitioner apprehensive of acceptance of the election petition in view of the .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2004)ACC655; 2005ACJ29; AIR2004Raj39; 2005(1)KLT828; RLW2004(3)Raj1454; 2004(1)WLC339
..... provided that any restriction to which the exercise of original jurisdiction by any of the high courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this constitution shall no longer apply to the exercise of such jurisdiction.'9. ..... matters of administration of justice has been preserved by article 225 of the constitution of india read with sections 52, 54 and 57 of the rajasthan reorganization act and rajasthan high court rules. the court held that the remedy of intra court appeal is a constitutional remedy under article 225 of the constitution. the ..... of section 100a with respect to special appeals under article 225 of the constitution against the appellate order passed in appeal under special enactment namely motor vehicles act by learned single judge after 1-7-2002.3. it is submitted that paramount charter under which the high court functions, would not get excluded by .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(4)Raj2900; 2005(4)WLC763
..... . in mohd. aman v. state of rajasthan, : 1997crilj3567 , their lordships of the supreme court while considering finger- print evidence observed that although under section 4 of the identification of prisoners act the police is competent to take finger prints of the accused but to dispel any suspicion as to its bonafides or to eliminate the possibility of fabrication of evidence it .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(4)Raj2911; 2005(4)WLC504
..... proclamation was adopted in the said meeting. india was a signatory to the said proclamation and agreed to give effect to the same. pursuant thereto, this act was enacted. the act provides some sort of succour to the disabled persons.22. thus, in view of the aforesaid discussions, the contentions of the learned counsel for the respondents ..... . a person does not acquire or suffer disability by choice. an employee, who acquires disability during his service, is sought to be protected under section 47 of the act, 1995. such employees, acquiring disability, if not protected, would not only suffer himself, but possibly all those who depend on him would also suffer. the very frame ..... angle of 20 degrees of worse;(i) 'disability' means -(i) blindness;(k) 'establishment' means a corporation established by or under a central, provincial or state act, or an authority or a body owned or controlled or aided by the government or a local authority or a government company as defined in section 617 of the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ4253
..... be concluded that the deceased was subjected to cruelty by accused soon before her death in connection with the demand of dowry. hence provisions of section 113b of the evidence act cannot be pressed into service against the accused for raising presumption as to dowry death.15. in sunil kumar v. state of rajasthan, 1996 (2) rcd 219 (raj ..... and her-in-laws because the allegations were vague, inconsistent and untrustworthy. it was held that in such a case presumption of dowry death attracting under section 113b of evidence act was not available and the husband could not be convicted under section 304b and 498a, i.p.c.12. in mishriya v. state of rajasthan, 1995 cri lr ( ..... any relative of husband; and(4) for or in connection with any demand for dowry.7. besides presumption under section 113b of evidence act is also to be looked into. section 113b of the evidence act lays down that if soon before the death, such woman has been subjected to cruelty or harassment lor or in connection with any .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(4)Raj2965
..... the liquor shop in the shop in dispute, but somewhere else.3. learned counsel appearing the respondent-excise department pointed out that section 53 of the rajasthan excise act clearly provides that in case of apprehension of riot or unlawful assembly, the district magistrate can pass orders of the closure of the shop for which licence has been ..... granted by the excise authority under the rajasthan excise act. and as per condition no. 4.2 of the licence under which the petitioner is claiming his right, there is specific provision, which provides that the district excise ..... un-towards incidents because of opening of the liquor shop.7. if the state authorities think proper they may take interim steps under section 53 of the excise act and may forward matter to the excise officer who may pass appropriate order by exercising power under condition no. 4.2 and 4.10 of the licence. in .....
Tag this Judgment!Court : Rajasthan
Reported in : 1999CriLJ128
..... petitioners, since the complainant has failed to make out any case against them for having entered into any conspiracy in furtherance of commission of any illegal act or an act, which is not legal by illegal means and, therefore, the ingredients envisaged in section 120a, which defines criminal conspiracy, are not attracted and consequently they ..... and whether the petitioners are entitled to seek relief of quashing of the complaint filed against them under section 7/16 of the prevention of food adulteration act. the apex court after having examined rival contentions advanced by the learned counsel for the parties held that the exercise of such powers would depend upon ..... all copies so seized shall, as soon as practicable, be produced before the magistrate. however, under sub-section (2) of section 64 of the copyright act, the person aggrieved by such seizure may within fifteen days apply to the concerned magistrate for restoration of seized articles and the magistrate may after hearing the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj155; 2003(1)WLN371
..... are vested, primarily by the constitution and legislation can regulate the same to the extent constitution permits, is fundamental......232. the judicial administration laws (repeal) act, 2001 receive the assent of the president and was published on 29.8.2001 in the gazette of govt. of india (extraordinary). it does not contain ..... practice for procedure of existing high court with effect from the commencement of constitution and thereafter of high court constituted for new states under state reorganisation act, 1956 does not find consideration in said judgments apparently because such arguments were not made.79. with this premise, the court further examined the merit ..... of the bar responded, appeared and addressed the court about the question regarding maintainability of the special appeals and the effect of judicial administrative laws (repeal) act, 2001 whereby rajasthan high court ordinance, 1949 has been repealed. hearing was concluded on 24.11.2001.10. on 24th november, 2001 itself the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(2)Raj1208; 2004(2)WLC146
..... . observed:'in other words government, as it seems to me, are not debarred from acquiring and paying for the only outstanding interests merely because the act, which primarily contemplates all interests as held outside government directs that the entire compensation based upon the market value of the whole land, must be distributed ..... , the board had taken the documents on record. the land acquisition proceedings relating to issuance of notification under sections 4 & 6 of the land acquisition act are public documents. these documents do not require any further evidence. thus, the claim of the petitioners that documents were produced, is based on misconception ..... regarding the khatedari rights of the petitioners and their actual possession on the land in question in second appeal under section 224 of the rajasthan tenancy act, 1955. the petitioners claimedthat neither any document pertaining to acquisition was produced before the s.d.o., jodhpur nor before the revenue appellate authority. .....
Tag this Judgment!