Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: rajasthan Year: 1997 Page 7 of about 114 results (0.464 seconds)

Heeralal Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1998CriLJ262; 1998WLC(Raj)UC102

..... trial court in pursuance of the directions of this court. the learned counsel further submitted that after a thorough study of the case he was of definite opinion that in the interest of the justice, it would be necessary to put certain questions to the above witnesses which could not be asked ..... be asked to various prosecution witnesses who were examined at the trial. the statement made by the accused is very ambiguous. moreover, if the powers under section 311, cr. p.c. shall be exercised on this ground, that would result in increase of such type of litigations. we have also perused the ..... justified in allowing the petitioner to recall almost all the material prosecution witnesses for the purpose of cross-examination.8. he has also contended that though section 311 cr. p.c. is expressed in widest possible terms and does not limit the discretion of the court in any way, the powers should ..... material articles as also the report of the forensic science laboratory and recalled pw-1 heeralal and pw-22 karansingh and discharged them after cross-examination.4. on 3-3-1997 the learned counsel for the petitioner moved an application that since he was engaged recently, he would be requiring some time ..... p.c. is directed against the orders dated 21-3-1997 3-4-1997 and 5-4-1997 passed by the learned additional sessions judge no. 3, jodhpur whereby the learned addl. sessions judge disposed of the three applications moved by the petitioner under section 311, cr. p.c.2. at the very outset, we may .....

State of Rajasthan Vs. Chatra Ram and ors.

Court : Rajasthan

Reported in : 1998CriLJ248; 1997WLC(Raj)UC685

..... j. 1. through this appeal state of rajasthan has challenged the acquittal of 9 respondents by the learned addl. sessions judge, nagaur vide his judgment dated 30-4-1982 under sections 147, 148, 302, 302/149, 307, 307/149, 323 and 324/34, ipc.2. the case relates to an occurrence which took place on 5- ..... affecting the human body. under section 100, ipc the right of private defence of body extents to the valuntary causing of death or any other harm to the assailant if the offence ..... prosecution has suppressed the genesis and origin of the occurrence and the witnesses are lying on most material point and therefore, their evidence is unreliable.18. section 97 of the ipc gives a valuable right to the accused to defend his body, and the body of any of other person, against any offence ..... after the completion of the investigation, a challan was filed against three accused chanda ram, narain ram and chatra ram and the police submitted a report under section 169, cr.p.c. for the release of other 6 accused. however, the learned magistrate took cognizance against remaining 6 accused and thereafter the case was ..... ram for doing work, along with phoosa ram, their names would have definitely found place in the written f.i.r. ex.p/4 or atleast in the 'taqriran dariyaft'. it is relevant to state that in his police statement ex. d/4 dularam had stated that shera ram had met them at the dhani after .....

State of Rajasthan Vs. Kishanlal and anr.

Court : Rajasthan

Reported in : 1998CriLJ452

..... which fact indicates that at the time of burning, hands of the deceased were not free.30. the circumstances of the case thus lead to definite conclusion that accused was the person who had taken part in the burning of his wife along with other persons in furtherance of the common ..... b ipc against kishanlal and mst. poora vide order dated 2-1-81. the case was committed to the court of session.3. charges under section 120b and section 302 ipc, in the alternative 302/34 ipc were framed against both the accused. they pleaded not: guilty. the prosecution examined 11 witnesses. accused ..... perverse approach made by the learned sessions court.31. consequently, we accept the appeal, set aside the acquittal of respondent kishanlal and convict him under section 302 read with 34 ipc and sentence him to undergo imprisonment for life. appeal against poora abates. respondent kishanlal is on bail. he shall surrender ..... the marriage and at that time kishanlal told him that five thousand rupees should be paid, otherwise he would burn sulochna. though in his statement under section 202, cr.p.c. hanuman had not stated in clear terms about the threat of burning, but he had stated that kishanlal had told that ..... g.l. gupta, j.1. through this appeal under section 378, cr.p.c., the state of rajasthan has questioned the acquittal of the respondents kishanlal and mst. poora (now dead) by the addl. sessions judge, hanumangarh, vide judgment dated 1-4-83.2. the facts of the case are that sulochana, daughter of .....

Balaknath Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1997CriLJ2722

..... legs. the rope which has been recovered from the hut of the accused was made of plastic. the tying of hands and legs by plastic rope would have definitely left marks of tying. the fact that no marks of tying were found on the body of laxman clearly indicates that the witnesses have given false statements in this ..... . he held that laxmi had met homicidal death. he further held that the accused had tortured laxmi and his act was imminently dangerous which in all prohibitilily was likely to cause death, he, hoever did not find proved charges under sections 325 and 323, i.p.c. which were framed for the injuries of ramiya, sesia and gamni. he ..... and states that there were following two injuries on her person:-1. bruise with abrasion 2' x 1/2' below left eye.2. abrasion 1/2' x 1/4' on left elbow joint posteriorly.medical officer did not find any other injury on the person of laxmi. as already stated, according to sesia and kera the accused had ..... of wires.2. the accused had inflicted 'koont' blows on the mouth of laxmi.3. the accused had tied the hands and legs of laxmi by a rope.4. the accused had given kicks on the chest of laxmi.5. the accused did not allow laxmi to drink water and when she attempted to to drink water, he ..... have given the arguments our thoughtful consideration. as already stated the prosecution examined p.w. 1 kashtura, p.w. 2 karan singh, p.w. 3 arjun singh. p.w. 4 madan singh, p.w. 5 chunnilal, p.w. 7 vane singh, p.w. 8 veera, p.w. 11 kera, p.w. 12 ramiya and p.w. 13 sesia .....

Satnamsingh Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1997CriLJ1778

..... . 5 mangilal, p.w. 6 riazuddin and p.w. 8 mohd. saleem in his statement given before the court. had it been correct, he would have definitely mentioned their names in the fir. the learned addl. sessions judge correctly discarded the testimony of p.w. 8 mohd. saleem and p.w. 6 riazuddin who ..... who was the driver of the truck at the relevant time and since the accused did not furnish any information in this regard, inference warranted by section 106 of the evidence act was drawn against the accused. in this respect, the learned addl. sessions judge also relied on the statement of p.w. 5 mangilal. however ..... 6 riazuddin and p.w. 8 mohd. saleem were not mentioned. if we notice the sequence of events, it would be clear that p.w. 4 pradeep kumar acted promptly as soon as he saw the accident and summoned the jeep and shifted munir khan to the hospital without delay so that proper medical aid could ..... witness and he should not be believed on account of his dubious subsequent conduct. it was alleged that p.w. 5 mangilal though present when p.w. 4 pradeep kumar lifted injured munir khan in the jeep, did not disclose the name of the driver. he also went to the hospital. thereafter, he went ..... pole was damaged. the truck then stopped. the accused immediately alighted from the truck and fled towards csf farm. this occurrence was witnessed by p.w. 4 pradeep kumar who happened to pass through the above road while going to his house from the market.3. after the above incident, many persons including p.w .....

Likhama Ram Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : 1998CriLJ2635; 1998(2)WLC350; 1997(2)WLN713

..... on examination it was found that 12 bore d.b.b.l. gun was serviceable firearm and that the gun had been fired the high the definite time of its last fire could not be ascertained and three 12-bore cartridge cases have been fired from 12-bore d.b.b.l. gun ..... attendance have been examined, unless the court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded.sub-section (2) of section 309 cr. p.c. provides that:if the court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable ..... judge to apply his judicial mind to those reports and do the needful in accordance with the provisions of criminal procedure code so far examination of the accused under section 313 cr. p.c. is concerned.29. the petition is partly allowed. the order dated 21-10-1997 is quashed and set aside and the ..... on that day additional public prosecutor submitted the report of forensic science laboratory. it appears that learned additional sessions judge recorded the statements of the accused under section 313 cr. p.c. but not even a single question was put to the accused regarding the reports received from the forensic science laboratory. the learned ..... are relevant for the disposal of the petition may be summarised as below :4. in session case no. 5/97 state v. himmata ram, himmata ram is facing trial on charges under section 302 i.p.c. and 27 of the indian arms act. charges were framed on 19-2-1997. the accused-non-petitioner no. .....

D.K. Woollen Industries Private Vs. Additional Commissioner

Court : Sales Tax Tribunal STT Rajasthan

..... of tax-paid raw wool was exempt from tax under a notification of the state government dated march 23, 1989 issued under section 4(2) of the rajasthan sales tax act, 1954 ("the 1954 act") exempting the sale and purchase, inter alia, of hand-made woollen pile carpets from tax was accepted.3. the respondent ..... jurisdiction. cto (ae) is therefore an aa too, by definition.11. section 100 of the 1994 act pertains to repeal and saving and repeals the 1954 act but, inter alia, saves all rules made and notifications issued under the provisions of the 1954 act and/or the rules made thereunder in force on the date ..... circular issued by the commissioner, commercial taxes (cct) dated february 18, 1992. thereafter, the assessee made an application to the cct under section 41(1) of the 1994 act read with rule 60 of the rajasthan sales tax rules, 1995 ("the 1995 rules") for restraining the cto (ae) from passing any order ..... and other papers are said to have been found to be in order. the cto (ae) is said to have issued notices under section 77(1) of the 1994 act which pertains to the power of entry, inspection and seizure of accounts and goods, these notices have not been brought on record by the ..... paid according to law. in a case like the one in hand, the aa would definitely have jurisdiction.10. assessing authority in relation to the dealer has been defined in section 2(3) of the 1994 act to mean the assistant commissioner, commercial taxes or the commercial taxes officer or the assistant commercial .....

Jaipur Oil Products Private Vs. Commercial Taxes Officer

Court : Sales Tax Tribunal STT Rajasthan

Reported in : (2003)133STC542Tribunal

..... 9 of the schedule so far as the exclusion of 'gowar' from cattle feeds is concerned. as stated above the fields of operation of sections 4 and 5 of the act are altogether different................ we are of the opinion that the view taken by the board in its order dated 16th october, 1984 on the ..... at page 21 of the report (page 92 of stc) it was held as follows : "........it is clear that the fields of operation of sections 4 and 5 of the act are distinct and separate. the question before the board and which has been canvassed before us is whether the word 'gowar' in entry 9 includes ..... the petitioner it was contended by the learned counsel that rice bran is a cattle feed and exempt under section 4(1) of the rst act and that a notification prescribing the rate of tax under section 5 would not have overriding effect over an exemption granted to the sale of goods mentioned in the schedule ..... appended to the rst act in terms of section 4(1), rst act. he cited [19781 42 stc 470 (all.) (commissioner of sales tax v. narain das barey lal), [1990] 76 stc 10 (mad.) (sree ..... tax under the tamil nadu general sales tax act, 1959. the relevant entry in the notification was subsequently amended to read: "cattle feed, namely, rice bran or wheat bran or husk and dust of pulses and grams, but excluding-- rice bran was cattle feed by definition. as a consequence the question that had earlier .....

Bank of India Vs. Saraf Synthetics (Raj) Ltd. (In Liquidation) and ors ...

Court : Rajasthan

Reported in : [1998]94CompCas484(Raj); 1997(3)WLC572

..... tribunal, delhi, subject to the following conditions :.(1) the applicant will undertake to discharge the liability due to the workmen, if any, under section 529a of the act to the extent of the amount realised from the assets of the company.(2) the applicant-bank will intimate the official liquidator from time to ..... wound up.'10. in centra) bank of india v. elmot engineering co. [1994] 81 comp cas 13 ; [1994] 4 scc 159, it has been held that the aim of section 446 is to safeguard the assets of the company against wasteful or expensive litigation as far as matters which could be expeditiously and ..... anything contained in any other law for the time being in force, be transferred to and disposed of by that court.(4) nothing in sub-section (1) or sub-section (3) shall apply to any proceeding pending in appeal before the supreme court or a high court.'6. a bare perusal of ..... if any, seeking any order in relation to the secured properties.(3) the final result of the proceedings shall be intimated immediately to the official liquidator.(4) the execution proceeding for realisation of the amount from the properties of the company shall be taken by the bank after obtaining permission from the company ..... etc., and as such it shall not be in the interest of justice to transfer recovery proceedings which are now pending before the debt recovery tribunal.4. i have given my careful consideration to the above submissions and i find much force in them. it would be desirable to take note of .....

Jayanti Lal Patel and Dr. Balvir Singh Tomar Vs. Assistant Commissione ...

Court : Rajasthan

Reported in : [1998]233ITR588(Raj)

..... it is stated that in view of these facts, why appropriate directions should not be given for modification/cancellation/ amendment in the order passed under section 132(5) of the act.4. the notice has been challenged on the ground that when the income-tax raid resulted in failure, as well as the fir which has been ..... court has jurisdiction to interfere in the orders in exercise of its powers under article 226 of the constitution of india.70. the notice under section 263 of the act has been issued by the commissioner in 1993 whereby dr. tomar was required to explain why the fdrs should not be treated as the property ..... five years. since the question that is raised involves a pure question of law and even if the matter is referred to the chancellor under section 68 of the act it is bound to be agitated in the court by the party aggrieved by the order of the chancellor.'65. therefore, when there is no ..... that the high court was not right in dismissing the writ petition of the appellant on the ground of availability of an alternative remedy under section 68 of the act especially when the writ petition that was filed in 1988 had already been admitted and was pending in the high court for the past more ..... lodged at the instance of the additional s. p. is quashed by this court, shri dilip shivpuri has managed to issue notice under section 263 of the act in .....