Court : Rajasthan Jodhpur
..... remains liable to a third person. . (emphasis added) 14. the decision in t.v.jose (dr.) was rendered under the motor vehicles act, 1939. but having regard to the provisions of section 2 (30) and section 50 of the act, as noted above, the ratio of the decision shall apply with equal force to the facts of the case arising under the ..... 1988 act. on the basis of these decisions, the inescapable conclusion is that jitender gupta, whose name continued in the records of the registering authority as the owner of the truck was .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... matters as may be prescribed. (2) an application referred to in sub-section (1) shall be accompanied by such documents as may be prescribed. . section 72 of the act provides for refusal or grant of stage carriage permit by the rta in accordance with the application made or with such modifications as it deemed fit. sub-section (2) of ..... in this behalf under this act authorising the use of a motor vehicle as a transport vehicle; . section 70 deals with an application for a permit in respect of stage carriage and reads as under: ..... we are inclined to uphold the contentions so urged by the learned counsel for the parties. the term permit . is defined in clause (31) of section 2 of the act as under: - dbsaw no.116/2008 with two connected matters 6 (31) permit . means a permit issued by a state or regional transport authority or an authority prescribed .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... matters as may be prescribed. (2) an application referred to in sub-section (1) shall be accompanied by such documents as may be prescribed. . section 72 of the act provides for refusal or grant of stage carriage permit by the rta in accordance with the application made or with such modifications as it deemed fit. sub-section (2) of ..... in this behalf under this act authorising the use of a motor vehicle as a transport vehicle; . section 70 deals with an application for a permit in respect of stage carriage and reads as under: ..... we are inclined to uphold the contentions so urged by the learned counsel for the parties. the term permit . is defined in clause (31) of section 2 of the act as under: - dbsaw no.116/2008 with two connected matters 6 (31) permit . means a permit issued by a state or regional transport authority or an authority prescribed .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... matters as may be prescribed. (2) an application referred to in sub-section (1) shall be accompanied by such documents as may be prescribed. . section 72 of the act provides for refusal or grant of stage carriage permit by the rta in accordance with the application made or with such modifications as it deemed fit. sub-section (2) of ..... in this behalf under this act authorising the use of a motor vehicle as a transport vehicle; . section 70 deals with an application for a permit in respect of stage carriage and reads as under: ..... we are inclined to uphold the contentions so urged by the learned counsel for the parties. the term permit . is defined in clause (31) of section 2 of the act as under: - dbsaw no.116/2008 with two connected matters 6 (31) permit . means a permit issued by a state or regional transport authority or an authority prescribed .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... vehicles reaching the marriage functions, a wall between gaushala maidan and the university campus was removed. the learned single judge, inter alia, observed as under: - .....it is apparent that the act of the responsible persons who took the ground for organizing the marriage ceremony in pulling down the boundary wall of public institution without any permission is an offence under section ..... 3 of the p.d.p.p.act which is a cognizable and non bailable offence and various other offences. . d.b.civil writ petition (pil) no.4321/2013 2 the learned single judge, thereafter, directed the sho .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... is not unusual. once the assembly has not been found unlawful ., the conviction with the aid of section 149 indian penal code is not sustainable, thus, individual acts of the appellants required significance. we have examined the case of accused-appellants rama, jiva, babu, valji, nana, bharat, kanna in the light of the evidence available ..... corroborates with the medical evidence. both the injuries of right leg were found simple in nature as such, participation of this accused in the assembly and alleged act of causing simple injuries on right leg by sword to deceased have been established. so far as accused-appellant no.3 rama bhagora is concerned, kantilal (pw ..... cause death of khaturam in ordinary cours.of nature, as such, participation of this accused in the assembly that attacked the victim is established and participation of act of causing injury to deceased has also been established. so far as accused-appellant no.2 ashok is concerned, all the eye witnesses except kaluram (pw-7 .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... . thus, the recovery of blood stained clothes from possession of accused ram lal meghwal as per his own information which was given under section 27 of the indian evidence act, is also well proved in the case. fsl report ex.p.44 reads as under:- the packets seven in numbers marked as below enclosed within cloth cover which were ..... to offer any explanation on the basis of facts within his special knowledge, he fails to discharge the burden cast upon him by section 106 of the indian evidence act. the court was of the opinion that in a case resting on circumstantial evidence, if the accused fails to offer a reasonable explanation in discharge of burden placed on ..... so complete as not to leave any reasonable doubt for a conclusion consistent with the innocence of the accused and it must be shown that within all human probability the act must have been committed by the accused. we have perused the aforesaid rulings with respect. pw-2 moola ram is a teacher, who states that in the evening .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... prosecution has well proved its case of charge under section 302 of the indian penal code and burden was for the accused as per section 106 of the indian evidence act, 1872 to explain the circumstances that how the dead body of mangi lal had reached in his house and he has not been able to give the reason that why .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... this regard, it shall be relevant to mention that a heavy burden lies on prosecution to prove that actual participation of more than one person for commission of a criminal act was done in furtherance of common intention. normally, it is difficult to have direct proof of common intention and that can only be inferred from the circumstances appearing in the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the defendant did everything which was required of him to be done in terms of the agreement for sale. . 12. section 16(c) of the specific relief act, 1963 mandates readiness and willingness . on the part of the plaintiff and it is a condition precedent for obtaining relief of grant of specific performance. it is also ..... the three sub-sections, we are more concerned about sub-section (c). readiness and willingness . is enshrined in clause (c) which was not present in the old act of 1877. however, it was later inserted with the recommendations of the 9th law commission's report. this clause provides that the person seeking specific performance must prove that ..... . v. a. ramadas rao & anr. : jt2010(12) sc588 wherein, it was observed and held as under:- readiness and willingness 8. section 16(c) of the specific relief act, 1963 provides for personal bars to relief. this provision states that specific performance of a contract cannot be enforced in favour of a person, a) who would not be entitled .....
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