Court : Rajasthan
Reported in : 1969WLN142
..... the crime but as we have already stated above, apart from the applicability of the third clause of section 300, i.p.c. the case of the accused falls under the main para of section 300, i.p.c., as in our opinion the act by which the death was caused in the ordinary course was done with the intention of causing the ..... of nature to cause death, and therefore the case is also covered by the clause thirdly to section 300, i.p.c. looked at from any point of view there is no escape from the conclusion that the act of the accused clearly falls under section 300, indian penal code. learned counsel for the appellant, however, submitted that if efficient medical treatment ..... death.17. our conclusion, therefore, is that the accused-appellant has rightly been convicted under section 302, i.p.c. and no interference is .....
Tag this Judgment!Court : Rajasthan
Reported in : [1973]30STC269(Raj)
..... the principal's agent who accepted the offer of the highest bidder and completed the contract, the auctioneer could not fall within the definition of dealer in section 2(g) of that act. in that definition, dealer included an auctioneer or any other mercantile agent, by whatever name he was called, who carried on the business of buying and ..... to sales tax for the accounting years 1962-63 and 1963-64 by two separate assessment orders. but later on proceedings were taken against the respondent under section 12 of the act by issuing notices to it to show cause why it should not be reassessed and it was reassessed on 10th september, 1965, by the commercial taxes officer ..... respondents to the board of revenue for rajasthan and the board of revenue has taken the view that the respondent was not a dealer within the definition of section 2 of the act and taking this view, it set aside the orders of reassessment on 28th april, 1967. the commercial taxes officer, ajmer, had, therefore, filed these two .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN206
..... came up for decision before this court in r.b. bhag chand soni, v. kailashnath bhargava 1961 rlw 509. the case was under the delhi and ajmer rent control act, 1952 under section 2(g) of which 'premises' meant any building or part of a building which was or was intended to be let separately for use as a residence or for ..... ' as contended for by the petitioner is the correct one, receives support from the definitions of the words 'landlord' and 'tenant' as occuring in the act. the 'landlord' is defined in section 2, clause 4 of the act to mean any person who for the time being is recovering the rent of any premises from the tenant thereof & includes any person who is ..... premises which were let out for the first time in 1965. the basic rent of these premises was thus rs. 28/- in view of the explanation to section 6(2) of the rajasthan act. further as the premises were first let after the first day of january, 1946 the standard rent could not exceed the basic rent under the first proviso to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj91; 1969()WLN223
..... doubted, and has not been disputed, that the company was a company within the meaning of that definition, it would therefore undoubtedly fall within the purview of section 543 of the companies act of 1956. so, if in the course of its winding up, it appears that any past director has misapplied, or retained, or became liable or accountable ..... to mean, a civil proceeding instituted by the presentation of a plaint.'their lordships were no doubt considering the question with reference to the provisions of section 3 of the limitation act of 1908. but it is quite apparent from their judgment that they took this view on the basis of the general law, for they held that ..... or such officer as it appoints in this behalf'. it is not in dispute that, in the present case, the application of the official liquidator under section 543 of the companies act is not a plaint. the meaning of the word 'suit' was considered by their lordships of privy council in hansraj gupta v. dehra dun-mussoorieelectric tramway .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj111
..... stephen v. copper, 1929 ac 570. 7. in order to appreciate the argument it would be useful to reproduce the relevant parts of section 3 of the workmen's compensation act (hereinafter called the act.) '3 (1). if personal injury is caused to a workman by accident arising out of and in the course of his employment, his ..... has entered into a contract with any insurer in respect of any liability under this act, obviously section 14 has no application in this case. learned counsel however, relies upon the provisions of section 96 (1) and (2) of the motor vehicles act. under section 96 (1) an insurer is deemed to be a judgment-debtor when under certain ..... on a claim for compensation by his widow, it was held on the construction of english workmen's compensation act of 1925 that: 'in considering whether the case came within section 1(2) of the workmen's compensation act, 1925, it must first be ascertained, disregarding the prohibition contained in the regulation whether the workman's death .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN252
..... judge, bikaner and dismiss this appeal with costs.17. learned counsel for the appellant prays for certifying the case to be a fit one for appeal to division bench under section 18 of the rajasthan ordinance, 1949. the prayer is disallowed.
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj60; 1970CriLJ486; 1969()WLN215
..... taking into account the totality of all the circumstances pertaining to the case. 20. under the indian law, it has been enacted in section 300 that 'culpable homicide is murder, if the act by which the death is caused is done with the intention of causing bodily injury to any person and the bodily injury intended to ..... been mentioned in unmistakable terms that the presumption arising that a man intends the natural and probable consequences of his act is rebuttable. in order to put the law beyond any controversy in england, the parliament enacted section 8 criminal justice act, 1967 which runs as follows : 'a court or jury, in determining whether a person has committed an offence ..... conviction of the appellant for the offence of murder. the indian fenal code defines in section 299 the offence of culpable homicide. under this section it is to be proved that an accused has caused death of any person by an act and that act was done (1) with the intention of causing death or (2) with the intention .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj252; [1970]75ITR253(Raj); 1969()WLN365
..... assistant commissioner. there it raised one more point and that was that the business income of the assessee became taxable by the amendment of section 14 (3) of the act made by the finance act, 1960 and this amendment could not take away the vested right of the assessee exempting its business income from taxation till 1st april, 1960 ..... the proviso only says that the assessing authority is to see before allowing the development rebate that relevant entries as contemplated in the first proviso to section 10 (2) (vi-b) of the act are there before the rebate is allowed.10. in indian overseas rank's case : [1967]63itr733(mad) the assessee company claimed development rebate ..... to promulgate laws which have prospective or retrospective effect and that the argument of the assessee that it was immune from taxation under section 14 (3) of the act before its amendment by the finance act, 1960 would not assist him because later on by an amendment that im-munity has been taken away and the as-sessee .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN351
..... that the defendant had parted with the possession of the property to gulab and ishardas and thereby incurred the liability to be ejected under section l3(1)(e) of the rajasthan premises (control of rent and eviction) act, 1950. aggrieved by the judgment and decree of the first appellate court the defendant has come in second appeal to this court.4. learned ..... stored in the shop. all that is stated by p.w. 9 keshav deo, inspector, is that that in the application submitted by the defendant - bhagwat prasad under the market act he has not mentioned that he keeps any servant in the shop and that when he went for checking he did not see any servant in the shop. thus the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN293
..... placed under a great disadvantage if no reasons are given. the case that their lordships were dealing was one under the mines and minerals (regulation and development) act, 1957, in which while rejecting a revision application the central government had not given any reason. their lordships observed that where the central government adopts the ..... all the creatures of legislature derive all their power from it. therefore, if the legislature has not empowered a minister, a board of a local authority to act in a certain manner that minister or agent is powerless. two questions of interest have been discussed in the house of lords' case. i am not concerned ..... procedure laid down therein shall be followed. sub-rule (2) provides for framing of definite charges. this sub-section also provides for the service of charges on the government servant filing of his written statement. sub-section (5) provides for the nomination of any person to present the case before the enquiry officer or authority. .....
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