Court : Rajasthan
Decided on : Aug-30-2001
Reported in : 2002(5)WLC227; 2002(2)WLN209
..... part i or 304 ii in the following manner:'a question now arises whether the appellant was guilty under part i of section 304 or part ii. if the accused commits an act while exceeding the right of private defence by which the death is caused either with the intention of causing death or with the intention of causing ..... .13. in my opinion, the learned sessions judge has fallen into error while convicting the accused appellant for offence under section 304(11) i.p.c. as when according to him, the act of accused appellant is covered by exception (i) of section 300 i.p.c., the learned sessions judge should have convicted the accused appellant for offence under ..... doing which he has caused the death of another. proof of such casual connection between the act of the accused and the death, lends to the second stage for considering whether the act of the accused amounts to 'culpable homicide' as defined in section 299. if the answer to this question is prima facie found in the affirmative, the stage .....
Tag this Judgment!Court : Rajasthan
Decided on : May-17-2001
Reported in : 2001(3)WLC645; 2002(1)WLN348
..... been murdered by jaswant singh and kulwant singh by gun shot fire. on this information, police registered a case for offence under sections 302, 34 i.p.c. and section 27 of the arms act. the police prepared the inquest report and sent the dead body for post-mortem. during the investigation, police recovered a twelve bore ..... information given by appellant kulwant singh. after usual investigation, police laid charge-sheet against the appellant for offence under sections 302, 302/34 i.p.c. and section 3/25(1b)(a) and 27 of the arms act.3. the appellants denied the charges levelled against them and claimed trial. the prosecution to prove the charges ..... 12 witnesses and produced some documents. the appellants in their statements under section 313 of the code of criminal procedure denied the correctness of the prosecution evidence appearing against them. the trial court acquitted kulwant singh of the offence under the arms act on the ground that it was not recovered from his exclusive possession. .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-12-2001
Reported in : 2000WLC(Raj)UC376
..... of the hon'ble supreme court in masalti and ors. v. the state of up (3), may be seen.(40). before recording conviction with the aid of section 149 ipc, act done by each of the accused must be shown to have been committed to accomplish common object. for that the decision of the hon'ble supreme court in allauddin ..... seen whether the present case is covered by seclion 304 part ii ipc or not, as argued by the learned counsel for the accused appellants.(76). section 299 ipc defines culpable homicide as the act of causing death (i) with the intention of causing death, or (ii) with the intention of causing such bodily injury as is likely to cause ..... while the special exception reduce the offence of murder again to culpable homicide not amounting to murder.(81). for convenience, clause (4) of section 300 ipc is reproduced hereinbelow:-'if the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-22-2001
Reported in : 2001(1)WLC630; 2001(4)WLN249
..... .) way back in the year 1986 on the vacant post of blaster for a period of six months subject to submission of various certificates including the certificate from controller of explosives regarding their experiences in blasting. it has also been submitted that both the respondents have furnished the requisite certificates and fulfilled all the conditions for eligibility for appointment on the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-16-2001
Reported in : 2001(4)WLC295; 2001(4)WLN159
..... fails to comply with any of the terms and conditions, prescribed under sub-section (1) of section 3 of the said act, the competent authority, granting the recognition may, after giving such management, a reasonable opportunity of showing cause, against the proposed action, withdraw ..... the recognition. similarly, under sub-section (5) of section 7 of the said act, no amount, out of aid, given for salary of the employees of an institution, shall be used for any other purpose. these ..... it is on the list of grant-in-aid or not, depends upon the discretion of the state government, at various levels. under section 5 of the said act, where, management of an institution obtains recognition by fraud, misrepresentation or suppression of material particulars, or where, after obtaining recognition, an institution .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-20-2001
Reported in : 2002(4)WLN557
..... therefore, both the remunerations received during the working hours and overtime constitute composites wages and thereby it is a wage within the meaning of section 2(22) of the act.the aforesaid ratio clearly postulates whenever during the continuance of the employment an employer offers any work for payment of additional remuneration whether by way ..... to the employees as production incentive under the periodical scheme and the night shift allowance are covered by the definition of 'wages' given in section 2(22) of the act?(ii) whether the conductors and drivers employed by the corporation who have no duties with regard to the production as such can be said to ..... (1999)illj1319sc . the court following the decision in harihar polyfibres's case (supra) that the main body of definition of 'wages' under section 2(22) of the employees' state insurance act, 1948 encompasses within its fold three kinds of payments made to the employees. the first is, all remuneration paid or payable in cash or .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-26-2001
Reported in : 2001(2)WLC1; 2001(4)WLN25
..... is taken to call for interview only those who have completed seven and half years of practice, it is neither violalive nor in conflict with the requirement of section 8(3)(c) of (he act.' (20). in union of india and another vs. t. sundarataman & others (6), it has been held as under:'the tribunal has clearly erred in doing so. nole ..... of practice, shall be presumed (o have better experience. this process will nol be in conflict with the requirement of section 8(3)(c) which prescribes the eligibility for making an application for the post in question. in a sense section 8(3)(c) places a bar that no person having less than five years of practice as an advocate or a .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-04-2001
Reported in : 2002(4)WLN303
..... mathur, j.1. heard mr. vineet kothari, learned counsel for the appellant-assessee and mr. sanjeev johri learned counsel for the department.2. this special appeal under section 18 of the rajasthan high court ordinance is preferred against the order of the learned single judge dated 3.9.2001 dismissing the writ petition in limine by a detailed ..... during the financial year 2000-2001. the petitioner firm being a dealer within the definition of sub-clause (e) of section 2 of the rajasthan tax on entry of goods into local areas act, 1999 (hereinafter referred to as 'the act of 1999'), which came into effect from 26.3.1999, was required to pay the tax on the basis of ..... 3.1999. the petitioner firm was also liable to get registered in the manner provided in the act and the rules. the state government by notification dated 15.10.1999 in exercise of powers conferred by sub-section (1) of section 3 of the act of 1999 in supersession of notification dated 26.3.1999 specified the tax payable by a dealer .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-24-2001
Reported in : 2002(4)WLN390
..... contention is that the impugned decree itself smacks of material illegality and lack of jurisdiction owing to the suit being barred by limitation under section 6 of the act.section 6 of the act reads as under:6. suit by person dispossessed of immovable property-- (1) if any person is dispossessed without his consent of immovable property ..... course of law and the suit was based only on the fact of dispossession, it is not maintainable under the provisions of section 6 of the act, especially when sub-section (3) of section 6 provides that no appeal shall lie from any decree passed in a suit by person dispossessed of immovable property nor shall any ..... for being presented to the competent court, and pursuant thereto the plaintiff presented this suit on 18th january, 1980 before the district judge sawaimadhopur under section 9 of the act for dispossession of the defendants, to which the defendants again filed written statement on 20th may, 1980, denying the averments made by the plaintiffs in .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-11-2001
Reported in : 2002(5)WLC80; 2002(4)WLN59
..... also stands rejected.24. for the reasons stated above, the findings of the learned special judge convicting the accused appellant for the offence under section section 8/15 of the ndps act are liable to be confirmed as they are based on correct appreciation of evidence and this appeal deserves to be dismissed.accordingly, the appeal ..... learned special judge, ndps cases, bhilwara through his judgment and order dated 28.3.2001 convicted the accused appellant for the offence under section section 8/15 of the ndps act and sentenced him in the manner as indicated above holding inter-alia that the prosecution has proved its case beyond all reasonable doubts against the ..... in the court of special judge, bhilwara.on 27.11.1999, the learned special judge, ndps cases, bhilwara framed charge for the offence under section section 8/15 of the ndps act against the accused appellant. the charge was read over and explained to the accused appellant. the accused appellant denied the charge and claimed trial. .....
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