Court : Rajasthan Jodhpur
..... court is of the opinion that ex-facie, the fir impugned does not stand to the tests prescribed by the hon'ble apex court in the aforesaid judgment for the acts complained of to be covered under section 306 i.p.c.from the material available on the record, it is evident that the deceased was highly hypersensitive to ordinary petulance ..... or unfair means being adopted in the transaction of sale. in order to prosecute a person for the offence of abetting suicide firstly it has to be shown that he acted in the manner described in section 107 of the i.p.c.section 107 i.p.c.reads as below: 107. abetment of a thing.- a person abets the doing ..... firs.informant that he was fed up with the conduct of ratna ram, tulsi ram, omprakash and asha devi. ultimately sugna ram felt extremely pressurised and persuaded by the illegal acts of the accused and ended his life by throwing himself in front of the train. the complainant further alleged that a suicide note was recovered from the body of sugna .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... thereof would be antithetical thereto and cannot receive judicial imprimatur. a purposive interpretation has to be essentially provided to the relevant 14 provisions of the act so as to facilitate the wholesome implementation of its enjoinments lest the same is rendered otiose. the words contained in section 14 delineating the ..... tribunal with original and appellate jurisdictions relating to environmental laws and equipped to handle multi-disciplinary issues involving environmental cases was set up vide the act with the objective of expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal ..... for the violation of the mandatory provisions with regard thereto, no issue relating to environment is involved and that the alternative remedy contemplated by the act even if available, the jurisdiction of this court under article 226 of the constitution of india is not ousted thereby. as in some cases .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... case-diary, submitted that the statement of the prosecutrix under [8].sections 161 & 164 have also been recorded by audio-video electronic means as per the amended provision of the act. it was stated that the stand of the prosecutrix was consistent. in her statement under section 164 cr.p.c., the prosecutrix specifically stated that she fell ill on 2nd ..... father of the prosecutrix. in the map, mark 'b' is the door, which is the back door entry. in pursuance to his statement recorded under section 27 of the evidence act, the petitioner identified the said place as was shown by the victim. the call details show that the various co-accused were in touch with the victim and her father ..... the present case, the statement of the prosecutrix under section 164 of the cr.p.c.attains importance in view of the provision of section 114a of the indian evidence act, 1872. hon'ble the apex court in the case of mohan lal & anr. versus state of punjab (criminal appeal nos.878-879 of 2011).decided on 11.4.2013 .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... be within the well-recognized constraints. it cannot be exercised like a bull in a china shop ., to correct all errors of judgment of a court or tribunal, acting within the limits of its jurisdiction 7. having heard the learned counsel for the parties, this court is of the opinion that since the temporary injunction has already ..... is also very doubtful. (j) it may be true that a statutory amendment of a rather cognate provision, like section 115 of the civil procedure code by the civil procedure code (amendment) act, 1999 does not and cannot cut down the ambit of high court's power under article 227. at the same time, it must be remembered that such statutory s ..... its power of superintendence under article 227 the constitution, interfere with the orders of tribunals or courts inferior to it. nor can it, in exercise of this power, act as a court of appeal over the orders of court or tribunal subordinate to it. in cases where an alternative statutory mode of redressal has been provided, that .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... by the learned single judge could be noticed in the following: the process for selection to the post of teacher grade iii under the rajasthan panchayati raj act, 1994 [ the act of 1994 ].and the rajasthan panchayati raj rules, 1996 [ the rules of 1996 ].came to be initiated by different zila parishads in the state of ..... servants no government servant shall, except with the previous sanction of government, have recours.to any court or to the press for the vindication of any official act which has been the subject matter of advers.criticism or an attack of defamatory character. explanation nothing in this rule shall limit or otherwise effect the right ..... .b.civil writ petition no.10799/2012 toga ram versus state of rajasthan & ors.alongwith one connected matter 16 article could be exercised whenever there is any act which is against any provision of law or violative of the constitutional provisions. of course, existence of a legal right and infringement thereof is a condition precedent .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... by the learned single judge could be noticed in the following: the process for selection to the post of teacher grade iii under the rajasthan panchayati raj act, 1994 [ the act of 1994 ].and the rajasthan panchayati raj rules, 1996 [ the rules of 1996 ].came to be initiated by different zila parishads in the state of ..... servants no government servant shall, except with the previous sanction of government, have recours.to any court or to the press for the vindication of any official act which has been the subject matter of advers.criticism or an attack of defamatory character. explanation nothing in this rule shall limit or otherwise effect the right ..... .b.civil writ petition no.10799/2012 toga ram versus state of rajasthan & ors.alongwith one connected matter 16 article could be exercised whenever there is any act which is against any provision of law or violative of the constitutional provisions. of course, existence of a legal right and infringement thereof is a condition precedent .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... dated 26.4.2012 passed by civil judge (sr.div.).jaisalmer, whereby the suit filed by respondent-kisan lal under section 6 of the specific relief act, 1963 ('the act') has been decreed and the appellant-defendant has been directed to handover physical possession of the disputed plot to the plaintiff within a period of 15 days ..... the next issue relates to the dismissal of appellant- defendant no.1's counter claim for alleged non-compliance of provisions of section 271 of the rajasthan municipalities act, 1959. admittedly, no written statement to the counter claim was filed by the municipal board, who was a co-defendant and was under normal circumstances not expected ..... with regard to maintainability of the suit itself in the absence of prior and mandatory notice to the municipal council as required under section 271 of the act of 1959. the similar objection raised by the private respondent is not an independent or contradictory objection, which could be raised by the municipal council but .....
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..... the respondent- hindustan petroleum corporation ltd., for laying down the pipeline in terms of provisions of petroleum & minerals pipe-lines (acquisition of rights of user in land) act, 1962 (act of 1962).the central act of parliament. the respondents have filed the reply to the writ petition and in para 5 of the said reply, they have stated that compensation of rs.2 ..... any further grievance is there, and the petitioner wants enhancement of the compensation, he can approach the competent authority in terms of provisions of section 10 clause (2) of the act of 1962. thus, in view of the availability of the alternative remedy to the petitioner and the factum that compensation has already been paid to the petitioner, which averment made .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... on record, we are satisfied that no substantial question of law is involved in this appeal filed by the revenue under section 260-a of the income tax act, 1961 [ the act ].against the order dated 17.12.2012 passed in ita no.387/ju/2011 by the income tax appellate tribunal, jodhpur bench, jodhpur [ the itat ].for ..... and providing credit facilities to its members and public in general. the assessee had earlier been claiming, and was being allowed, deduction under section 80p(2) of the act for being eligible therefor. the assessee also claimed the similar deduction for the assessment year 2007-08, which has not been allowed by the assessing officer [ the ao ..... for being a co.operative society engaged in the business of banking and providing credit facilities. it was by virtue of insertion of sub- section (4) by finance act, 2006 with effect from 01.04.2007 that the provisions of section 80p were made inapplicable in relation to any co-operative bank other than the primary agriculture credit .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... case. the learned public prosecutor on the other hand vehemently opposed the submissions advanced by the learned counsel for the appellant. he contended that the investigating officer acted fairly in mixing the contraband packed in two gunny bags and thereafter in taking the samples. he submitted that by adopting the said procedure, representative sample ..... story. the learned trial judge at the conclusion of the trial proceeded to hold the appellant guilty of the offence under section 8/15(c) of the ndps act and sentenced him as above. hence this appeal. shri r.k.charan, learned counsel for the appellant, has limited his arguments to two points for challenging ..... samples as well as contraband were sealed. on the basis of the recovery, an fir no.181/05 for the offence under section 8/15 of the ndps act was registered against the appellant and investigation commenced. after completion of investigation, the police filed a charge sheet against the appellant for the aforesaid offence. the .....
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