Court : Rajasthan Jodhpur
..... the sole basis of conviction unless it is corroborated. the rule requiring corroboration is merely a rule of prudence. (v) where the dying declaration is suspicious, it should not be acted upon without corroborative evidence. (vi) a dying declaration which suffers from infirmity such as the deceased was unconscious and could never make any statement cannot form the basis of conviction ..... of 15.8.2004. it is sell settled 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 .....
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..... proof that the respondents have willfully or deliberately disobeyed or circumvented the order passed by this court warranting action against them under the contempt of courts act, 1971 (for short, 'act of 1971').pointing out directions issued by this court, mr.singhvi would urge that the direction was to decide the representation and after decision of the ..... words, the learned judge was exercising the jurisdiction to consider the matter on merits in the contempt proceedings. it would not be permissible under section 12 of the act. therefore, the division bench has exercised the power under section 18 of the rajasthan high court ordinance being a judgment or order of the single judge; the ..... the respondents have made willful disobedience to the order passed by this court which is a civil contempt within the meaning of section 2(b) of the act of 1971. for proving willful disobedience, it is necessary for the aggrieved party to show that there was clear intention to flout the orders of this court .....
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..... the impugned orders and consequently the writ petitions are dismissed with liberty to the petitioners to avail the remedy of appeal provided under section 9-a of the act of 1950. it is directed that if the petitioners prefer appeal within a period of two weeks from today before the appellate authority, the competent authority shall ..... the confiscated vehicle. learned counsel for the petitioners submit that the orders passed by the learned addl. excise commissioner are illegal and contrary to the provisions of the act of 1950 and as a consequence to the these orders.the petitioners have been deprived of their vehicles in absolutely arbitrary manner. while questioning the penalty, learned counsel ..... orders.statutory remedy of appeal is available to the petitioners and the said remedy of the appeal is provided under section 9-a of the act of 1950. section 9-a of the act of 1950 is reproduced as infra: section 9-a appeals and revision (1) an appeal shall lie (a) to the excise commissioner from .....
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..... (emphasis supplied) if the present case is examined threadbare in the light of materials available on record and sub-section (2) of section 6 of the act of 1967 quoted supra, then it will ipso facto reveal that the grounds for withholding the application of the petitioner for issuance of passport or refusal to issue ..... 2006, the fourth respondent issued a character certificate with the remark that petitioner has good moral character and reputation and provisions of section 6(2) of the act of 1987 are not attracted in his case. in his concluding remark, the fourth respondent has further made recommendation for issuance of passport to the petitioner. however ..... without any further delay. the apposite facts for the purpose of this writ petition are that the petitioner applied for issuance of passport under the passports act, 1967 (for short, act of 1967 ) and the requisite application form no.186362 was submitted on 5th may 2006. acknowledging the receipt of [2].the form of the petitioner .....
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..... public at large belongs to the petitioner. charge-sheet has been filed under section 5(f)/6, 5(g)/6, 7/8 of the protection of children from sexual offence act. section 5(f) reads as under:- [9]. 5. aggravated penetrative sexual assault.- (a) .............(b) .............(c) .............(d) .............(e) .............(f) whoever being on the ..... could be made out from the statements of the prosecutrix, does not even remotely indicate that the petitioner has, on the person of the prosecutrix committed an act of penetrative sexual assault. further, section 376(2) of the ipc is referable to certain class of persons and the petitioner does not fall under the ..... the allegations alleged against the petitioner are under three different enactments. firstly, under sections 23 and 26 of the juvenile justice (care and protection of children) act, 2000. under these sections, a child should be procured for the purpose of any hazardous employment and the offence should be committed by a person who is .....
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..... . dw-10 chandan mal stated that dhanna lal signed in his presence and he did not remember as to who else signed as witness. section 63 of the indian succession act, 1925, which deals with execution of unprivileged wills reads as under:- 63. execution of unprivileged wills.- every testator, not being a soldier employed in an expedition or engaged ..... lal clearly establishes the fact that the said kachha house was the only property inherited by dhanna lal and the nature of property was such that the same cannot act as a nucleus so as 11 to generate rest of the properties owned by dhanna lal and/or by the so called family and, therefore, the entire foundation ..... so, whether the suit is not maintainable, misconceived, unless withdrawal agreement is got cancelled?. if so what effect?. d.1 and d-2 8. whether the defendant no.3 acted upon and gave effect to the release deed dated 9-10-58 and hence the plaintiffs are estopped from challenging this release deed as alleged in para 5 additional pleas .....
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..... trial court. the office has reported that the appeal is barred by 1916 days i.e.about 5 years.an application under section 5 of the limitation act, 1963 ('the act') has been filed by the appellants, inter alia, with the following averments:- 2. that the appellants were told by their lawyer appearing before the trial ..... reflects the negligence, lack of acting diligently and inactivity on part of the appellants in not contacting their lawyer for 5 years after passing of the judgment and apparently for a long time even ..... supplied) it would be noticed that the hon'ble supreme court has opined that in case a party is found to be negligent or found to have not acted diligently and remained inactive, there cannot be justified ground to condone the delay. in the present case, the averments contained in the application as noticed hereinbefore clearly .....
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1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :JUDGMENT: S.B.CIVIL SECOND APPEAL NO.876/2011 Smt. Kastu Bai & ORS.versus LRs of Shri Otarmal & ORS.Date of Judgment :: 18th February, 2014 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Mr.Sunil Joshi, for the appellants. Mr.C.S.Kotwani, for the respondents. ---- BY THE COURT: This appeal under Section 100 CPC is directed against judgment and decree dated 18.10.2011 passed by Additional District Judge, Sumerpur dismissing the appeal filed by the appellants-defendants and affirming the judgment and decree dated 04.09.1997 passed by Civil Judge (Junior Division).Sumerpur, whereby, the suit filed by the plaintiffs for possession of house and plot of land was decreed. The facts in brief may be noticed thus : the respondents- plaintiffs, legal representatives of Shri Otarmal, Pukhraj, Nainmal and Banshi Lal filed a suit on 06.11.1989, inter alia, with the averments that a plot of land purchased by them was situated at Rebariyon Ka Baas,...
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..... motion from the post of junior personal assistant to personal assistant accompanied by increments under rule 26a of the 1951 rules recommended by the finance department of the state and acted upon by the respondent-high court, so as to purportedly remedy the pay anomaly precipitated by the merger of these two posts by the 2008 rules and the running pay .....
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..... admittedly, is the highest management body in the said uttari rajasthan sahakari dugdh utpadak sangh limited, bikaner governed by the provisions of the rajasthan cooperative societies act, 2001 and, therefore, even if the bye laws delineating the power of establishment committee including its jurisdiction on the issues relating to appointment, posting, ..... been tendered by the counsel appearing on behalf of the erring respondents, however, we warn them to be careful in future and not to act on irrelevant consideration and in violation of the observations/directions of this court. the notices of contempt are discharged and contempt proceedings are dropped. ..... for the employees of respondent - bikaner dugdh utapadak sahkari sangh limited, bikaner, which is independently incorporated cooperative society governed by the provisions of cooperative societies act, 2001. the rajasthan cooperative dairy federation limited is the apex body of all the sbcwp no.7404/13 shanker lal vs. state & ors. along .....
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