Court : Rajasthan
Decided on : Jul-13-2007
Reported in : RLW2008(1)Raj236
..... the judgment of the learned additional district & sessions judge, barmer, dated 27.1.1988 convicting the accused appellant ladu ram for the offence under section 18 of the act with ten years' rigorous imprisonment and a fine of rs. one lac, is set aside. appellant ladu ram is acquitted for the charge levelled against him. he is ..... circle officer, who is of gazetted rank has not been examined with regard to receiving information or giving authorization as required under sections 41 and 42 of the act, which are of mandatory nature, the whole search is illegal. it further strengthens from the fact narrated by the sho banne dan (pw 8) in his statement ..... sample of 30 gms. was taken, which was sent for chemical examination. thereafter, the accused was chargesheeted. learned trial judge framed the charge under section 18 of the act, to which he pleaded not guilty. the prosecution examined 8 witnesses. the statement of accused under section 313 cr.p.c. was recorded. after hearing, the learned trial .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-07-2007
Reported in : RLW2008(2)Raj1104
..... that the high court's consideration of the writ petition filed by the respondent and conclusions arrived at were beyond the pleadings. the high court acted on certain materials and purported concession without examining whether that concession was well founded and whether the appellant got an opportunity to clarify the position as ..... n the forest. enjoy it the way nature created it.8. in order to control pollution, (the) air (prevention and control of pollution) act, 1981 (for short '1981 act') was enacted. to ensure standards for emission from automobiles section 20 was enacted, which reads thus:20; power to give instructions for ensuring standards ..... as may be deemed necessary to the concerned authority in charge of registration of motor vehicles under the motor vehicles act, 1939, and such authority shall, notwithstanding anything contained in that act or the rules thereunder be bound to comply with such instructions.9. since there are statutory provisions for controlling pollution .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-20-2007
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
Decided on : May-22-2007
Reported in : I(2008)DMC94; RLW2007(4)Raj2925
..... cruelty or harassment soon before her death for, or in connection with, demand for dowry, and in absence thereof the presumption under section 113b of the indian evidence act, cannot be raised against the appellants; the prosecution has failed to prove the charge against the accused-appellants beyond all reasonable doubts, therefore, they are entitled to be ..... v. state of maharashtra 2007 air scw 456, the hon'ble supreme court considered the meaning of 'dowry' as defined under section 2 of the dowry prohibition act with reference to section 304b, ipc, and held that a demand for money on account of some financial stringency or for meeting some urgent domestic expenses are not ..... to cruelty for, or in connection with, demand for dowry, soon before her death and a presumption can be drawn under section 113b of the indian evidence act that it is a case of dowry death. it is further contended that the learned trial court has rightly convicted and sentenced the accused appellants and this is .....
Tag this Judgment!Court : Rajasthan
Decided on : May-21-2007
Reported in : 2007(4)AWC3350; II(2007)DMC357
..... appellant for, or in connection with, demand for dowry. her death was abnormal within 7 years of her marriage, therefore, the provisions of section 113b of the evidence act were attracted in the present case and the learned trial court rightly came to a conclusion that the charge against the appellant for the offence under section 304b, as ..... circumstances.16. for ready reference it will be relevant to refer and reproduce sections 304b, 498a of the indian penal code, as well as section 113b of the evidence act, as under:304b. doivry death-(1) where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within ..... provisions of section 304b, ipc, are not attracted; in these circumstances no presumption could have been drawn by the trial court under section 113b of the indian evidence act.9. it is further contended that there was no charge against the appellant under section 302, ipc, as not a single witness is there to prove that the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-10-2007
Reported in : RLW2008(1)Raj92
..... it within the purview of 'death occurring otherwise than in normal circumstances'. the expression 'soon before her death' is very relevant where section 113b of the evidence act and section 304b ipc are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that case ..... as under: (para 16)demand for dowry neither conceives nor would conceive of any agreement. the word 'agreement' referred to in section 2 of the dowry prohibition act, 1961 has to be inferred on the facts and circumstances of each case. the interpretation that conviction can only be if there is agreement for dowry, is misconceived. ..... lordships of supreme court in reema aggarwal v. anupam : 2004crilj892 , indicated thus: (para 14)the definition of the term 'dowry' under section 2 of the dowry act shows that any property or valuable security given or 'agreed to be given' either directly or indirectly by one party to the marriage to the other party to the .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-28-2007
Reported in : RLW2007(3)Raj2649
..... such death shall be called 'dowry death', and such husband or relative shall be deemed to have caused her death. parliament has also inserted section 113b of the evidence act by the act 43 of 1986 with effect from 1.5.1986, which has been reproduced above.15. from a conjoint reading of section 304b of the penal code and section 113b ..... of the evidence act, it will be apparent that a presumption arising thereunder will operate if the prosecution is able to establish the circumstances as set out in section 304b of the penal code ..... shall be deemed to have caused her death.explanation.--for the purpose 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 .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-08-2007
Reported in : RLW2007(4)Raj2864
..... it within the purview of 'death occurring otherwise than in normal circumstances'. the expression 'soon before her death' is very relevant where section 113b of the evidence act and section 304b ipc are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that case ..... was observed as under:demand for dowry neither conceives nor would conceive of any agreement. the word 'agreement' referred to in section 2 of the dowry prohibition act,1961 has to be inferred on the facts and circumstances of each case. the interpretation that conviction can only be if there is agreement for dowry, is misconceived ..... lordships of supreme court in reema aggarwal v. anupam : 2004crilj892 , indicated thus: (para 14)the definition of the term 'dowry' under section 2 of the dowry act shows that any property or valuable security given or 'agreed to be given' either directly or indirectly by one party to the marriage to the other party to the .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-08-2007
Reported in : RLW2007(4)Raj3357
..... 306 ipc is proved against appellants rakesh and kaushalya devi. i am of the view that charges under sections 498a ipc and section 4 dowry prohibition act are also proved against the appellants.15. although charge under section 306 ipc was not framed against appellants rakesh and kaushalya devi but omission to frame charge ..... within the purview of 'death occurring otherwise than in normal circumstances'. the expression 'soon before her death' is very relevant where section 113b of the evidence act and section 304b ipc are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that ..... section 498a ipc:each to undergo two years rigorous imprisonment and fine of rs. 500/- in default fifteen days simple imprisonment.under section 4 dowry prohibition act:each to undergo six months rigorous imprisonment and fine of rs. 300/- in default seven days simple imprisonment.the substantive sentences were ordered to run concurrently.2 .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-23-2007
Reported in : (2007)212CTR(Raj)1; [2008]302ITR26(Raj)
..... incur the expenditure for repairing/renovating the office premises. the cit(a), accordingly found that the said expenditure was required to be deducted under section 37 of the act. the revenue challenged the aforesaid decision of the cit(a) by preferring appeal before the tribunal, jodhpur. the tribunal, by the impugned order dt. 29th aug ..... ., 2003, dismissed the said appeal by holding that the expenditure in question is revenue expenditure and deductible under section 37 of the act. the tribunal, accordingly, confirmed the decision of the cit(a). being aggrieved by the aforesaid decision of the tribunal, the revenue has preferred this it appeal ..... under section 260a of the it act, 1961. this court formulated following substantial question at the time of admission of this appeal on 12th july, 2004:whether on the facts and in the .....
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