Court : Rajasthan
Decided on : Sep-24-1985
Reported in : 1986(1)WLN785
..... impotent qua his wife and annulled the marriage. it may be stated that after the amendment of clause (a) of sub-section (1) of section 12 of the hindu marriage act by the amending act of 68 of 1976, a wife seeking decree of nullity of marriage need no more proof than that the husband was impotent ..... of sexual inter course. in legal parlance consummation means full and complete penetration. a partial penetration or an abort attempt at inter couse would not constitute consummation. the definite term 'impotency' in the back ground of matrimonial law, their lordships of the supreme court in digvijay singh v. pratap kumari : [1970]1scr559 , have held, ..... 18 years old. he has also stated that 'gauna' ceremony took place after 2-3 days and after marriage the petitioner appellant stayed with him for about 4 years. he has also stated that the marriage took place with the consent of the petitioner.8. shri hari ram (naw 2) has stated in his ..... he had not taken any consent of marriage from her. he has stated in his cross-examination that the appellant is staying with him since last 4 years and had not gone to the house of her husband during that time nor the respondent came to take her to his house. he further ..... and when she lived along with him for the last time in 1979 before deewali for 10-11 days he had sexual relations with her. under section 13(2)(iv) it is laid down that a wife may present petition for dissolution of her marriage on the ground that her marriage (whether consumated or not) .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-24-1985
Reported in : 1985(2)WLN581
..... that injuries no. 3 and 7 collectively or individually were sufficient in the ordinary course of nature to cause death. it is the duty of the prosecution to seek a definite opinion from the doctor as to whether the injuries were sufficient in the ordinary course of nature to cause the death, in order to bring the case within clause 3rdly ..... and belaboured him. two of the injuries were inflicted on the vital parts of the body of the deceased. the case is, therefore, covered by clause secondly of section 300, ipc because the act was done with the intention of causing such bodily injury as the offenders knew to be likely to cause the death of the deceased. we have bestowed our ..... aspect of chest left side(8) multiple abrasion 1/2' to 1' x 1/2' left lower limb.internal-(1) fissured fracture of occipital bone(2) fracture of 10th rib.4. in the opinion of dr. jugal kishore, the cause of death of bhanwarsingh was shock which was due to the injuries over head and chest, resulting in facture of skull ..... years rigorous imprisonment 147, ipc rigorous imprisonment for one year and a fine of rs. 500/-, in default of the payment of fine to further undergo four months like imprisonment (4) koop singh 302/149,ipc imprisonment for life and a fine of rs. 300/- in default of the payment of fine to further undergo two months rigorous imprisonment 147, ipc .....
Tag this Judgment!Court : Rajasthan
Decided on : May-02-1985
Reported in : 1985(2)WLN649
..... injuries were also not of such type as to endanger human life. the learned sessions judge could not, however, appreciate the ingredients of section 307, ipc. merely because the accused-appellants inflicted injuries to the members of the complainant party, it cannot be inferred that the accused ..... 149, ipc. no doubt charges were framed in the alternative but after recording the evidence the learned sessions judge should have come to a definite ..... conclusion whether the appellants are guilty for the offence under section 302, ipc or are guilty of the offence under section 302 read with section 149, ipc. similarly, he could not come to a definite finding whether the appellants are guilty of the offence under section 307 or 307/ ..... is covered under exception 4 to section 300, ipc. exception 4 says that culpable homicide is not murder, if it is committed without pre-meditation in a sudden fight in the heat of passion, upon sudden quarrel, and without the offenders having taken undue advantage and acting in a cruel or ..... section 307/149, ipc, and sentenced each of the appellants to 10 years r.i. and a fine of rs. 100/- each, in default of payment whereof to further undergo one month's r.i.2. we would like to mention that it is most unfortunate that the learned sessions judge could not arrive at a definite .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-23-1985
Reported in : 1986(1)WLN360
..... first clinching question which arises for consideration is whether the statement ex.p 31 and ex. p 35 amount to the confessions. there is no statutory definition of the word 'confession'. however, there are judicial pronouncements of the privy council and the supreme court on the point. in pakala narain swami's ..... made by an accused before a police officer is admissible in evidence whether he is in custody or not. section 27 of the evidence act provides an exception to sections 25 and 26 of the evidence act. section 27 is based on the doctrine of 'confirmation by subsequent facts.' therefore, if an accused makes confession ..... stolen ambassador car rrl 6411 and the other parts of the body of this car in consequence of the disclosure statement made by accused rehmat khan;(4) identification of the accused persons in the test identification as the culprits who had hired ambassador taxi-car rrl 6411 at ajmer on april 28, ..... the crime could not be traced out nor could their identity be established, was accordingly filed in the court of the concerned magistrate by the police.4. in the intervening night between 13th and 14th march, 1976, five culprits hired a taxi car rjw 1134 at beawar. those five persons got the ..... ipc three years rigorous imp-risonment with a fine of rs. 200/-, in default of the payment of fine to further undergo six months like imprisonment;(4) kesar khan 302, ipc imprisonment for life; 404, ipc three years rigorous imp-risonment with a fine of rs. 200/-, in default of the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-25-1985
Reported in : 1985(2)WLN615
..... the impact of projectiles, as charring. it is unfortunate that the doctor was not thoroughly examined on this point to elicit a clear and definite opinion from him however, since the possibility of his confusing the dirt ring or contusions with charring is there, the evidence of the ocular witnesses ..... out of the muzzel with considerable velocity and energy, it is accompanied by flame shot consisting of carbon and unburnt particles of powder and gases of explosing formed in the barrel. taylor on page 287 (principles and practice of medical jurisprudence- 1965 edition) says:entrance wounds--when a weapon is discharged ..... of the learned additional sessions judge (1), hanumangarh dated february 13, 1981, by which the appellant mithasingh was convicted under section 302, ipc, and section 27 of the arms act and was sentenced to imprisonment for life and three years' rigorous imprisonment on the respective counts.2. the prosecution case is ..... to place 'b' on sustaining the injuries, thus, stands completely falsified and that in itself is sufficient to render them unworthy of credit and reliance;(4) as per medical evidence of pw 3 dr. godara, two entry wounds caused by fire-arm were found on the victim's deadbody. both the ..... the accused was consequently convicted and sentenced, as mentioned at the very out-set. he has come-up in appeal to challenge his conviction.4. we have heard the learned counsel for the parties and gone through the case file carefully.5. there is no room for doubt that the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-23-1985
Reported in : 1985(2)WLN336
..... , 'it rather profound than prominent.'16. while condcluding iyer gave the following:social justice is deliberately hidden from its explosive consumers defeating but dubious win above welfare legislation and furious debate about constitutional constructions. what is half-hiddden is the definition of social justice as the reversal of the process of the many millions born to starve and destined to die ..... is nothing but civilised plunder of state functionaries, and an outrageous violation, clear contravention and flagrant disregard of social justice.23. i am of opinion the under section 70. of the indian contract act since the state has unlawfully and illegally enriched itself of the canteen construction value of which is rs. 4500/-at least, the plaintiff is entitled to get ..... ideals and objects of social justice the apex court has further reiterated in the following decisions:(1) madras port trust v. hymanshu international : 1979(4)elt396(sc) the plea of limitation based on this section is one which the court always look upon with disfavour and it is unfortunate that a public authority like the port trust should, in all morality ..... the executive engineer pwd (b&r;) bhilwara allotted this land site and called upon the plaintiff to construct the canteen. the plaintiff constructed a 'pucca', restaurant through pyarelal contractor pw 4 in 1955 and paid rs. 4501/- in full and final settlement vide receipt ex. 23.8. shri p. l. sukhwal, the collecter bhilwara, conducted opening ceremony on 7-1 .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-25-1985
Reported in : 1(1986)ACC544
..... some distance and his two sons were thrown away from the scooter. the jonga was being driven by hansa ram and it was on account of his rash or negligent act that this accident took place. shri shiv pratap received serious injuries all over his body. he was taken to the hospital but be succumbed to the injuries about after nine ..... , 10 years and 13 years respectively and he. accordingly, awarded a total sum of rs. 1,69,500/- to all these dependants in accordance with the expectancy of the dependence.4. he further found that shri shiv pratap was making a contribution of rs. 360/- p.m. towards his p.p. and would have done so for about 17 years more .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-02-1985
Reported in : 1985WLN(UC)181
..... 143 to 152 days. if the two affidavits are taken into consideration, it would appear that there is some contradiction. both the affidavits to some extent are also vague. no definite date has been specified of each event, which may be relevant, who visited whom and with what information, has not come in the affidavits of both these deponents. it is ..... ore not felt pursuaded even about the bona-fides of the statement made in the affidavits, we are not inclined to take a liberal view and condone the delay. a definite case has to be made out before one can claim condonation of delay as a very valuable right accrues to the opposite party when limitation has expired. what we find ..... been raised that all these appeals are hopelessly barred by time and the appellant has failed to make out a case for condonation of delay. the application under section 5 of the limitation act accompanied with the affidavits of shri m.k. dave, ldc of the office of the government advocate and the affidavit of shri b.l. vasishta, dy. commissioner (prosecution ..... accompanied with the affidavit. thus the fate of the appeals depends on the question as to whether the appellant is entitled to condonation of delay in presentation of the appeals.4. it may be stated that by one order, 20 writ petitions were disposed of on november 3, 1972. out of these 20 writ petitions, appeals were filed in three writ .....
Tag this Judgment!Court : Rajasthan
Decided on : May-03-1985
Reported in : AIR1986Raj28; 1985(2)WLN58
..... .-- (2) where the appellant appears and the respondent does not appear, the appeal shall be heard ex parte.' if there was any doubt, the explanation introduced by amendment act of 1976 by section has made it clear that the court cannot dismiss the appeal on merits. this certainly leads to the logical inference that hearing on merits is not possible, because once ..... the listing of the case, and who suffers and after waiting for a chance of hearing for more than a decade in high court the case is dismissed in default.4. in view of the pendency of the huge arrears, which have crossed the number of 40,000 by now in this high court as a whole and in view of .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-01-1985
Reported in : 1985(1)WLN662
..... no. 3 of the rajasthan colonization (rajasthan canal project pre-1955 temporary tenants government land allotment) conditions, 1971 (for short the 'conditions') and the definition of the landless person as contained in rule 2(1)(xiii) as well as rule 3(2) of 1971 rules were declared void being discriminatory under article ..... rule 2(1)(xvii) of the rules of 1975. the allotment of surplus land to the adult member of the family is covered under section 13(5)(b). the petitioner's case is not similar to the case of a temporary lease-holder. no khatedari rights have been vested in ..... therefore, justified. by the same reasoning, no distinction can be made between pre-1955 and post-1955 tenants by rules made under the same act.11. 1967 rules were repealed by rule 19 of the rajasthan colonization (allotment of government land to post-1955 temporary cultivation leaseholders and other landless ..... way of government. in rule 5, five categories of the persons viz. (1) ex-servicemen (2) temporary cultivation lease-holders, (3) agriculture graduates, (4) landless persons, and (5) bhakra landless persons, are only eligible for allotment of the land. what rule 24 empowers is that the government may make allotment ..... for determination of the terms and conditions as per stipulation contained in the allotment order. the government, therefore, issued an order no. f. 4(20) rev./col./82 dated 18/20-2-84 to the commissions colonization, bikaner for getting reviewed the land allotment cases of such bhakra landless .....
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