Court : Rajasthan Jodhpur
Decided on : Jan-22-2014
..... court, learned public prosecutor submits that the entire evidence adduced by the prosecution is trustworthy and is framing a complete chain of circumstances indicating definite involvement of the accused with the crime in-question. according to learned public prosecutor, an 7 information with regard to availability of dead-body ..... the learned public prosecutor, acquitted accused sultan from the charges levelled, but convicted accused pushkar lal for the offence punishable under sections 302 and 201 i.p.c.4 the learned trial court while recording conviction of accused pushkar lal relied upon the circumstance relating to the evidence pertaining to last ..... case looses reliability in view of the fact that the investigating officer shri ram ratan (pw-15) while deposing before court stated that he acted upon the information given under exhibit d/5, but that was found false. at the cost of repetition, it shall be appropriate to mention ..... ) and abdul sattar (pw-13).the learned trial court did not find witness abdul sattar (pw-13) trustworthy as he made efforts to shift the act of accused sultan on accused pushkar lal. as per learned counsel, the evidence adduced by mohd. sabir (pw-11) is also not reliable being having ..... .12.2003 5 at 3:00 pm. the investigating officer shri ram ratan (pw-15) while getting his testimony examined, stated that he acted upon the information given under the document (exhibit d/5) but that was found false and dead-body was recovered as per the information given .....
Tag this Judgment!Court : Rajasthan Jodhpur
Decided on : Jul-01-2014
..... a revision petition can be entertained by the high court only in the event of having substantial question of law. a complete and definite mechanism prescribed under the act is not supposed to be over looked merely on the count that a contrary decision has earlier been taken. the tax board or ..... assistant commercial taxes officer, junior commercial taxes officer or in-charge of the check post barriers.except against the orders referred in section 86. as per section 82 of the act of 2003 the remedy of an appeal is provided against the orders of the assessing authority or of such authority against whose order ..... i do not find any merit in the argument advanced. at the firs.instance, it shall be appropriate to mention -5- that under the act of 2003 a complete remedial mechanism is given including appeal before the deputy commissioner, the appeal before a tax board and then the revision petition before ..... into consideration. per contra, it is submitted by learned counsel for the respondents that a complete remedial mechanism is given under the act of 2003 and no substantial reason -4- exists to ignore that by entertaining the instant petitions for writ. heard learned counsel for the parties. it is well settled that ..... sat sahib enterprises v. state of rajathan & ors.(3)sb civil writ petition no.1726/2014 (m/s balaji industries v. state of rajathan & ors.) (4)sb civil writ petition no.1727/2014 (m/s sat sahib cotton traders v. state of rajathan & ors.) (5)sb civil writ petition no.1728/2014 .....
Tag this Judgment!Court : Rajasthan Jodhpur
Decided on : Sep-30-2014
..... the -7- important aspect of the matter is that the respondents filed reply to the application on 9.1.2014 wherein too they did not came out with a definite case about making reference of the dispute as per clause 23. the two documents submitted alongwith the reply pertains only for initiation of proceedings for reference. on basis of ..... versus m/s.indian oil corporation, reported in 2013 dnj (sc) 378, held that if appointment of arbitrator is made during pendency of the proceedings under section 11(6) of the act of 1996, then such reference is of no consequence and that does not disentitle a party to seek appointment of the arbitrator by the chief justice in accordance ..... distribution net-work (mains and sub mains) of high density polyethylene (hdpe) pipes including supplying, erection, testing & commissioning horizontal centrifugal pump and electric panel etc.suitable for required -4- discharge for semi permanent sprinkler system of command area of gudamalani lift minor system of nmc (narmada canal project) including designing and layout with three years operation & maintenance .date of ..... , necessary to be noticed to examine merits of the issue involved, is that the applicant, a partnership firm, entered into an agreement with executive engineer, narmada canal project, division-iv, sanchore for carrying out work meant for supplying, laying, jointing, testing and commissioning of distribution net-work of high density polyethylene (hdpe) pipes including supplying, erection, testing and .....
Tag this Judgment!Court : Rajasthan Jodhpur
Decided on : Feb-10-2014
..... that petitioner had tried to force her to perform oral sex. thus, the said allegation is covered under the definition of penetrative sexual assault given in section 3(d) of the aforesaid act as well as under section 375 (a) ipc of the amended act of 2013. the argument that the prosecutrix was not under the control or custody of the petitioner or that the ..... sexual assault, it is submitted that the act which is attributed to the petitioner as could be made ..... -a, 506, 509 and under section 376(d)(f) and 370(4) of the indian penal code. section 375 of the indian penal code defines rape . rape . as defined under section 375 of the indian penal code is in para- materia with the definition of penetrative sexual assault as defined under section 3 of the protection of children from sexual [4].offences act. while dealing with the penetrative ..... market delhi, pending trial in the court of sessions judge, jodhpur for offence under sections for the offence under sections 342, 376(2)(f).376(d).370(4).354a, 506, 509/34, 120-b of the ipc, sections 23 & 26 of the juvenile justice (care and protection of children) act, 2000 and section 5(f)/6, 5 (g)/6, 7/8 of the protection of children .....
Tag this Judgment!Court : Rajasthan Jodhpur
Decided on : Feb-13-2014
..... petitioner, mr. s.k. nanda, submitted that since the issue involved in the present case does not fall within the definition of 'service matters' as defined under section 3 (o) of the armed forces tribunal act, 2007 (for short, hereinafter referred to as 'act of 2007') as it the impugned order passed in summary court marshal and the punishment is not by way of ..... ex-hav. parmeshwar ram vs. union of india & ors. (oa no.471/2010, decided on 19.10.2010) comprehensively dealing with the provisions of sections 14, 15 of the aft act, 2007, and section 164 of the army act, 1950, and the larger bench of the said tribunal has held that the powers of tribunal are wide enough to cover the cases against the ..... .i. & ors., decided on 03.05.2013, transferring back these matters for the persons covered under the three enactments to which the said act of 2007 applies, namely, the army act, 1950, navy act, 1957 and the air force act, 1950 to the said armed forces tribunal. learned counsel for the respondents has also drawn the attention of the court towards the larger bench ..... clerk vinod kumar sharma vs. u.o.i. & ors. order dt:13. 02/2014 3/3 remedy under section 164 of the act and all matters viz. service matters pertaining to the person covered by these three acts will be decided by the tribunal.4. it is unfortunate that the division bench of the armed forces tribunal, jaipur bench, has not properly appreciated the .....
Tag this Judgment!Court : Rajasthan Jodhpur
Decided on : Mar-27-2014
..... in the matter after giving a proper and reasonable opportunity of hearing to the present petitioner in exercise of his statutory powers under section 117(1) of the act, it would be premature for this court to pronounce upon the merits of contentions raised before this court by the petitioner in the ..... as under: - 16. it is next pointed out on behalf of appellant that while regulation 15 requires the council, when it proceeds to act under s. 21 (4), to furnish to the member a copy of the report of the disciplinary committee, no such requirement is incorporated in regulation 14 which prescribes what ..... ). s.b. civil writ petition no.1586/2014 dr. sushil kumar v/s state of rajasthan and ors. order dt:27. 03/2014 4/16 fourth charge bsf act, 1968 u/s46committing a civil offence that is to say, being a public servant, accepting from any person, for himself, any gratification whatever, ..... management of dimakuchi tea estate air1958sc353 it has been held thus: 9. ... the definition clause must be read in the context of the subject matter and scheme of the act, and consistently with the objects and other provisions of the act.40. in sheikh gulfan v. sanat kumar ganguli air1965sc1839it has been held as follows ..... patan, dist. jhalawar rajasthan, through hc/ro bhanwar lal jatrana of 66 bn bsf, for clearing him in the medical examination for si (cpo's) ..4. in the earlier court martial held against the petitioner on 21.2.2012, the present petitioner, dr. sushil kumar was acquitted of the charges no.1 .....
Tag this Judgment!Court : Rajasthan Jodhpur
Decided on : Apr-07-2014
..... society or its members by framing definite charge against her and by asking for explanation. on being not satisfied with the explanation given, then by providing adequate opportunity for defence including the opportunity of personal hearing. the unfortunate part of the instant case is that in the garb of section 30 of the act of 2001 the additional registrar has ..... as already stated, the order impugned dated 6.8.2012 was subject matter of the writ petition that came to be dismissed under the judgment impugned. learned single -4- bench arrived at the conclusion that under rule 36 of the rules of 2003 a proposal is required to be made by the registering authority for initiating process under ..... rival submissions made by learned counsel for the parties, it shall be appropriate to notice that by the constitution (ninety-seventh amendment) act, 2011, one more directive principle of state policy i.e.article-43b was added in part-iv of the constitution of india, which reads as under:- -6- the state shall endeavour to promote voluntary formation, autonomous functioning, ..... democratic control and professional management of cooperative societies. . the inclusion of the directive principle aforesaid in part-iv of the constitution indicates significance of the cooperative movement in socio economic progress of the country. by the same amendment act, part-ixb was included to the constitution which relates to the cooperative societies. article 243zi empowers the state legislature to .....
Tag this Judgment!Court : Rajasthan Jodhpur
Decided on : Jun-03-2014
..... 2014. on 07.2.2014, learned government advocate disclosed that as a matter of fact a criminal misc. petition as per provisions of 2 section 482 cr. p.c.was filed by ms.ritu patidar seeking necessary protection from her parents as they were creating hindrance in her regular studies. ..... ; 122 ( 9 ) 0 ; %' % & 0 % % % fg 4 ; & 6 0 4 % , - & h ; 4 0 fg, f g 6 % %' & 0 - %' % 0 % ; ; 0 % ' 4 6m 0 4 % h - ; # %' - % o ; 6 % ro & ac sd/- 29/5/14 6 t ( . . . . . %. ) ( .) . today, an affidavit has been filed by the petitioner smt. jamna patidar with a definite statement that she will allow her daughter ms.ritu patidar to ..... admitted to a graduation cours.at meera kanya mahavidhyalaya, udaipur. it is informed to us that ms.ritu patidar has already appeared in the 4 examination concern and she is still residing at government hostel. an application has been filed by the petitioner with the assertion that her daughter ..... tune of rs.500/- per month to ms.ritu patidar within a week from today from the account of district legal service authority, udaipur. (4) the deputy secretary, district legal service authority shall also look after other welfare of ms.ritu and submit his report in this regard periodically to this ..... statement by any other judicial magistrate within his jurisdiction. pursuant to the direction aforesaid, the special addl. chief judicial magistrate, p.c.p.n.d.t.act cases, udaipur recorded statements of ms.ritu patidar on 29.5.2014, that reads as under :- " - # % & ' 9 2013 ) & % % % - 0 .....
Tag this Judgment!Court : Rajasthan Jodhpur
Decided on : Jun-30-2014
..... police officer shri babulal bishnoi (pw-23).the statement so made also bears right thumb impression of rahisa. in the statement smt. rahisa in definite terms stated that at about 5-6 pm she was in her room and at that time salma and her mother came there. salma also ..... track).sirohi convicted accused smt. salma wife of firoz khan and smt. mariam banu @ panku wife of barkat khan for the offence punishable under section 302 indian penal code and sentenced them to undergo life term imprisonment with a fine of rs.2000/- each with a default stipulation. to question ..... . 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. -8- (vi) a dying declaration which suffers from infirmity such as the deceased was unconscious and could never make any ..... or imagination. (iii) where the court is satisfied that the declaration is true and voluntary, it can base its conviction without any further corroboration. (iv) it cannot be laid down as an absolute rule of law that the dying declaration cannot form the sole basis of conviction unless it is corroborated ..... the deceased was not at all in position to utter even a single word and, therefore, no dying declaration could have been made by her. -4- while defending conviction recorded and sentence awarded, learned public prosecutor submits that the dying declaration made by deceased smt. rahisa bears all necessary confidence to .....
Tag this Judgment!Court : Rajasthan Jodhpur
Decided on : Jul-21-2014
..... deed was executed in favour of mr.john mathew and the licence in question from its very terms and in view of express provisions of section 56 of the easements act, 1882 was not transferable. further, the licence by its very nature is personal to the licensee and is not annexed to the property in ..... the appellants only on the ground that the appellants had failed to prove that they were in possession of the disputed lands. under section 38 of the specific relief act, 1963 an injunction restraining disturbance of possession will not be granted in favour of the plaintiff who is not found to be in ..... prayer for declaration of his rights. . further, hon'ble supreme court in anathula sudhakar v.p.buchi reddy (dead) by lrs.and ors.: (2008) 4 scc594 laid down the principles regarding maintainability of the suit as under:- 21. to summarize, the position in regard to suits for prohibitory injunction relating to immovable ..... the trial court and in view of the law laid down by this court in abdul latif & ors.v.nagar 6 vikas pranyas, udaipur: 2006 (4) wlc66 the appeal involves substantial questions of law and the same deserves to be admitted. learned counsel for the respondent vehemently opposed the submissions made by ..... , the allotment stood cancelled. a replication was filed by the plaintiff and it was claimed that possession was handed over to mr.john mathew on 4 06.01.1972 and a licence deed dated 07.01.1972 was executed. the trial court framed seven issues and on behalf of the parties oral .....
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