Court : Rajasthan
Decided on : Nov-19-1997
Reported in : I(1998)DMC650; 1998(1)WLC468
..... the demand of rs. 16,000/-.26. explanation to section 304b, ipc lays down that for the purposes of the said section 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961, which defines dowry as follows :'1. definition of 'dowry'- in this act, 'dowry' means any property or valuable security given ..... inflicted a lathi blow to the deceased, because she insisted to go alone to her parents house. during trial as per testimony of pws 1 to 4 rampati died as she was bitten by some insect, while she had gone out to pass urine. pw 12 mohan lal, senior teacher has also deposed ..... these witnesses have not been declared hostile by the prosecution and as such there is no valid reason to disbelieve their testimony. pw 3 shri narain, pw 4 ram nath & pw 5 kalyan, who, have been declared hostile, have also deposed that the dead body of rampati was cremated on the next day ..... he had stated that after the death of rampati a panchayat was convened in the night of 23.5.1994, wherein he alongwith pw3 shri narain, pw 4 ram nath, pw 10 ganga sahai, hargovind and nathu had participated, that the panchayat had asked appellant kailash and other co-accused persons not to cremate ..... to dis-believe their sworn testimony. the learned trial judge has, however, conveniently ignored the deposition of these two witnesses.9. pw 3 shri narain, pw 4 ram nath & pw 5 kalyan, who are the residents of village chharera, have stated that when the deceased was urinating she was bitten by some insect .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-24-1997
Reported in : 1997CriLJ2064; 1997(1)WLN250
..... to the permitted one. this position of the 'jalebi' attracted the definition of 'adulterated' given in section 2(1-g) of the act. thus in any case the, 'jalebis' sold by the petitioner were adulterated and his act was punishable under section 16 of the act.10. mr. tyagi next urged that the trial stood vitiated for not ..... filed by the food inspector before him the learned addl. chief judicial magistrate, no. 2 kota found the petitioner guilty of the offence under section 7/16 of the act convicted him as such and sentenced him to six months r.i. and rs. 1,000/- as fine. in appeal the learned sessions ..... in view of the nature of offence involved. yet for that reason the entire case of the prosecution could not have been thrown away. sub-section (3) of section 11 read with rule 17 of the prevention of food adulteration rules 1955 (the rules) no doubt casts a duty upon the food inspector ..... were not of that nature, substance or quality which they were purported and represented to be. it was adulteration within the meaning of the terms in section 2(1-a). again, the director had reported that the sample showed presence of two non-permitted coal tar colourmetanil yellow and orange-ii in addition ..... his written consent on 21-2-1984 to the food inspector to initiate prosecution of the petitioner and the complaint was filed on 22-2-1984.4. the facts mentioned above though speak that the public analyst had not exhibited that promptness in examining the sample of the food stuff which was expected .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-02-1997
Reported in : 1998CriLJ1464
..... to him and locked him in a room. had it been so, the non-petitioner would have lodged a complaint at the police station. if this incident can be believed, definitely some doubt may be caste in the mind of the non-petitioner regarding the conduct of the wife-petitioner. however, this incident appears to be totally fabricated and made up ..... petitioner or subjected her with cruelty or harrassment. the petitioner deserved her matrimonial home without any basis and reasonable cause. he, therefore, dismissed the application filed by the petitioner under section 125, cr. p.c.8. i have heard mr. haider aaga, the learned counsel appearing for the wife-petitioner and mr. h. s. balot, the learned counsel for the husband ..... . she has got no means to sustain herself. according to her, the non-petitioner earns about rs. 2,000/- per month. she, therefore, claimed maintenance of rs. 500/- per month.4. the non-petitioner opposed the application and admitted their marriage and also admitted the fact that out of the wedlock, two sons were born. he categorically denied all the above ..... orderp.c. jain, j.1. the wife-petitioner has filed this revision petition under section 19 of the family courts act, 1984 against the order dated 23-9-1995 passed by the learned judge, family court, jodhpur whereby the application filed under section 125, cr. p.c. by the wife-petitioner was dismissed.2. the brief facts relevant for the disposal of this petition .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-24-1997
Reported in : 1997CriLJ2461; 1997(2)WLC349
..... (or added) water merely on the basis of a low n.f.s. figure alone but confirmation should be sought from the freezing point. it has been definitely established - that the circumstances, which affect the n.f.s. markedly, do not alter the cosmetic pressure of the milk and hence the freezing point is ..... unless the analyst is called as a witness in order to prove that the contents of the report are true. the provisions contained in sub-section (5) of section 13 of the act, however, carve out an exception to this general rule. an accused, therefore, has a right, as held by the supreme court in ram ..... 82 and recorded the plea of the petitioner. since the petitioner had pleaded not guilty the learned magistrate examined the two witnesses of the prosecution by 12-4-83 when the prosecution evidence was closed. on the next date of hearing, fixed for defence evidence, the prosecutor in the case moved ah application for ..... the report (ex.p.8) on 5-12-80 and sent the same to the public health authority on 6-12-80. in his report the public analyst, pw 4 sh. p.p. gupta, had mentioned the following result of the analysis conducted by him : fat contents - 3.2% solids non-fat - 7.2% can ..... the one which has found favour with me is that the evidence on the point of adulteration of the sample milk is not satisfactory and worth reliance.4. in the cases involving adulteration in food and foodstuffs the sample and the report of the public analyst, who examines such sample and reports adulteration therein, .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-03-1997
Reported in : AIR1998Raj165; 1998(1)WLC277
..... to be banned after giving due opportunity to ivory traders to dispose of their existing stock.'4, section 2 of the amended act of 1991 defines the 'animal articles' made from any captive animal or wild animal etc. whereas subsection (36) of section 2 defines the wild animal.the definition reads as under:'2(a) 'animal article' means an article made from any captive animal ..... writ petition, portions of which have been reproduced hereinabove. the words 'ivory imported into india' in accordance with section 49b(i)(a) would definitely include all descriptions of ivory including the mammoth ivory and in order to achieve the purpose for which the amending act has been enacted by including the imposition of ban on trade in imported ivory of all descriptions whether ..... shall be inserted, namely :-- '(ia) a dealer in ivory imported into india or articles made therefrom or a manufacturer of such articles; or'. , 35. amendment of section 49c:--in section 49c of the principal act.-- (a) in sub-section (1), in clause (a), after subsection (iv), the following sub-clause shall be inserted.'(v) ivory imported into india or article made therefrom;'(b) in sub ..... and, therefore, the petitioner is restrained from dealing with ivory in any and whatsoever manner subsequent to 29-2-1992. the letter annexure-4 has given a cause of action to the petitioner for challenging the amended sections of act 44 of 1991. it is stated by the petitioner that the provisions of the amended law do not and cannot have effect of .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-10-1997
Reported in : 1998(1)WLC763; 1997(2)WLN701
..... .5. as regards the second submission made by the petitioner that the state govt. is not the appropriate authority for issuing notification under the act of 1970, it may be seen that section 2 of the act of 1970 the definition clause defines 'appropriate government. 'appropriate government' means (1) in relation to an establishment in respect of which the appropriate govt. under the industrial ..... not stand scrutiny of law and the submission is rejected.6. for the aforesaid reasons, although the state govt. has an authority to issue notification under section 10 of the act 1970, the impugned notification dated 4.10.1985 (annex. 1) fails and is hereby quashed. it is made clear that the decision of this case will not debar the state govt. to ..... virtue of the notification issued by the central govt. on 8.12.1977, the state govt. is an appropriate government to issue notification under the act of 1970 and thus, the notification is valid.4. section 10 of the act of 1970 authorises the appropriate govt. after consultation with the central board or, as the case may be, a state board to issue notification ..... unrest. it is further alleged that the cement manufacturers association, bombay representing the employers in the cement industry in the country and the indian national cement & allied workers federation, bombay- 4, representing the workmen employed in the cement industries in the country, by an agreement which was published by the govt. of india in gazette of india dated 1.1.1982 .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-09-1997
Reported in : 1998ACJ1411; AIR1998Raj49; 1998(1)WLC58; 1997(2)WLN447
..... sought to bring out the distinctive types of differences in between the provisions of the motor vehicles act, 1939 and the motor vehicles act, 1988. whereas as per the definition clause in section 2(8) of the motor vehicles act, 1939, a goods vehicle means any motor vehicle constructed or adapted for use of the carriage ..... such specified condition on the occasion giving rise to the claim by reason of the carriage of the passenger therein for hire or reward, and (iv) that the vehicle was used by the insured or at his instance in breach of specific conditions including a condition that in goods vehicle passengers ..... contract would include such condition of carrying passengers for reward,11. in b. v. nagaraju v. oriental insurance co. ltd., divisional officer, hassan, (1996) 4 scc 647 : (air 1996 sc 2054), it was held that breach of carrying humans in a goods vehicle more than the number permitted in terms of the ..... conductor of the vehicle or in examining tickets on the vehicle, or (c) if it is a goods vehicle being carried in the vehicle; and (iv) the insurer shall not be liable to cover any contractual liability. it was held in this case that if the employees are held to be legitimate ..... truck by its driver that the accident was caused as a result whereof the deceased sohanlal sustained injuries and he died ultimately of the said injuries.4. the learned single judge was satisfied on appreciation of the entire evidence on record that there was nothing to dispute the income of the deceased .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-29-1997
Reported in : 1998CriLJ3372
..... rifle was serviceable fir-arm and that its barrel residue indicated that the submitted 7.62 mm rifle (w/1) had been fired. however, definite time of its last fire could not be ascertained. on stereo comparison and microscopic examination he opined that the said 7.62 mm cartridge case (c ..... evidence to connect the accused with that gun. in the case on hand, admittedly, appellant dharampal singh did not volunteer any information under section 27 of the evidence act nor he got recovered the rifle and the cartridges at his instance, nor those were recovered from his possession. on the other hand, ..... house is worthless and the same does not render any assistance to the prosecution.69. pw17 sultan singh sho, had conducted initial investigation from 4-12-89 to 7-12-89 and pw18 gajanand sharma, thereafter conducted investigation, they have given satisfactory explanation for the delay in recordin statements ..... observed that of course, statements of relative witnesses should be closely, critically and carefully examined. in the instant case, the presence of pws 1 to 4, 6 to 8 and 10 in their house was most natural. they are close relatives of the deceased narsingh. their statements have been closely scanned ..... 21, respectively as also seizure memo ex.p. 23 of blood-stained bullet. he prepared inquest report ex. p. 18 of deceased hari singh.4. sultan singh further inspected the place of occurrence in the house of the informant situated in village kishanpura. he noticed that pieces of lead of the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-08-1997
Reported in : 1997(2)WLC98; 1997(1)WLN76
..... court. the conciliation officer acting under section 12 of the industrial disputes act (in short the act hereinafter) had sent the failure report. on receipt of the failure report, the government had passed the impugned order to the fact that it has been found ..... say that if the employee has not completed 240 days. there is no case for adjudication or there does not exist any dispute. even employee having much less service can definitely raise a dispute and can allege before the appropriate authorities that his rights have been violated by retaining the junior persons and not complying with the provisions of ..... held that the question of fact or question of law arising out of the industrial matters is to be determined and adjudicated by the tribunals constituted under the act and not by the government.4. even if a demand notice is given at a belated stage, it has been repeatedly held by the courts that the reference cannot be declined on the ..... to the petitioner. he had worked with the department for 5 years i.e. from 1.1.86 to 1.4.91. his services were terminated as per the petitioner in violation of the mandatory provisions of the industrial disputes act. a demand was raised on the respondents and the labour authorities were moved for referring the matter to the appropriate labour .....
Tag this Judgment!Court : Rajasthan
Decided on : May-23-1997
Reported in : AIR1998Raj12
..... with her father without the consent of the appellant. the learned single judge had discussed the evidence produced by appellant and had come to a definite finding that version of husband was not correct. bhawani shanker (aw-2) had stated that when the respondent went with her father, the ..... appellant and dissolved the marriage by gran ting decree of divorce and further had ordered for permanent alimony ofrs. 150/-under sec. 25 of the hindu marriage act which was challenged by the wife by preferring an appeal in high court and the learned single judge of this court had ..... ) the factum of separation, (ii) the intention to bring cohabitation permanently to an end (animus deserendi), (iii) the absence of consent, and (iv) the absence of consent giving reasonable cause to the spouse leaving the matrimonial home to form the necessary intention aforesaid. 9. to our opinion, the learned ..... desertion, treated the applicant (husband) with cruelty? (iii) whether mst. santosh is entitled to get rs. 5007- per month as permanent alimony? (iv) relief. 5. four witnesses including the appellant were examined on behalf of appellant whereas the respondent had examined herself as naw-1 and one richpal as ..... or had brought any panchayat to village dhingarla to take her back. she had taken a defence that appellant and his family members had turned her out. 4. on the pleadings of the parties, followingissues were framed : (i) whether non-applicant (wife) has withdrawn herself from the company of the applicant .....
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