Court : Rajasthan
Decided on : May-21-1986
Reported in : 1986(1)WLN594
..... are correct and even after exhibiting this report the prosecution failed to get this report proved by pw 1 nathu. this infirmity on the part of the prosecution definitely goes to the root of the case and weakens the prosecution story, benefit of which goes to the accused-appellants.21. the prosecution case further becomes doubtful ..... offence of having fire arms without any licence and as such he has been rightly convicted by the trial court for the offence under section 3/25 and section 27 of the arms act, and we do not find any reason to interfere with the grading arrived at by the trial court in this respect.24. accordingly, ..... ' in the site plan. as stated earlier, it has been admitted by pw 1 nathu and pw 3 mst. bharpai that the deceased walked about 3-4 steps from their house before sustaining injuries. site plan was prepared at the instance of pw 1 nathu, from which it transpires that the deceased went upto ..... deceased sustained injuries at the door of the house but 4-5 steps away from the house and fell down after walking 2-3 steps away from the place where he sustained the injuries. it also transpires that ..... may die at the place where he was sitting. pw 1 nathu and pw 3 mst. bhaspai have stated before the court that the deceased sustained injuries 4-5 steps away from his house and after sustaining the injuries he walked 2-3 steps and then fell down. from these depositions it emerges that the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jun-26-1986
Reported in : [1987]64STC146(Raj); 1986WLN(UC)347
..... of property in goods shall be deemed to have been made within the state if it fulfils the requirements of sub-section (2) of section 4 of the central sales tax act, 1956 (central act 74 of 1956). 7. this definition was amended by the amending act 18 of 1960 with effect from 1st april, 1960. by this amendment the words 'made within the state' along with ..... the words 'by one person to another' was omitted by this act.8. he has also invited my attention to the definition of 'sale ..... his finding that whether there is a common ownership of these units or not and such sale can be effected between two units without attracting the definition of 'sale' as defined under section 2(o) of the act of 1954.6. mr. maheshwari, learned counsel for the petitioners, has submitted that entry 54 of the seventh schedule, list ii, deals with the taxes ..... officer, navgaon v. timber and fuel corporation, tikamgarh air 1973 sc 2350. on the basis of these series of decisions of their lordships of the supreme court that the definition of 'sale' given in section 2(o) of the act of 1954 is ultra vires and it runs counter to the basic ingredient of sale. he further submits that by virtue of this .....
Tag this Judgment!Court : Rajasthan
Decided on : Jun-30-1986
Reported in : 1986(2)WLN482
..... to judicial officers.14. further more it may be mentioned that the only purpose for which an inquiry under the public servants (inquiries) act, 1950, can be made is to enable the government to come to a definite conclusion regarding misbehaviour of a public servant and thus enable it to determine provisionally the punishment which should be imposed upon him. in s ..... that has been urged by the petitioner, was that the disciplinary authority has found the petitioner guilty of a charge different from that contained in the statement of charge (ex. 4) and that the petitioner had no opportunity to meet the charge which has been held to be proved. in this connection the submission of the petitioner was that in the ..... completely without jurisdiction;(ii) the charge was framed with a closed mind without any relevant material;(iii) the petitioner was denied reasonable opportunity of defending himself before the disciplinary authority;(iv) the findings recorded by the disciplinary authority are perverse and are based on no evidence and are based on irrelevant and extraneous considerations;(v) the second show-cause notice issued ..... or dismissed from service it shall send its recommendation to that effect to the state government for necessary action in accordance with the provisions of article 311 of the constitution;(4) with regard to the meeting; of the full court the provisions contained in the rajasthan high court rules will apply.10. the petitioner has urged the following contentions to .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-01-1986
Reported in : [1987]64STC12(Raj)
..... between the sellers within the state and the foreign buyers ?4. as pointed out earlier during the pendency of this application the rajasthan sales tax act was amended by the rajasthan sales tax (amendment) act, 1984, whereby section 15 of the rajasthan sales tax act was substituted and instead of reference to this court, provision ..... of the goods into, or export of the goods out of, the territory of india. prior to the enactment of the central sales tax act there was no definition of the phrase 'in the course of import or in the course of export.' in state of travancore-cochin v. bombay company ltd. [ ..... occasion export of the goods come within the exemption of 286(1)(b). thereafter, parliament enacted the central sales tax act. in sub-section (1) of section 5 of the central sales tax act, it has been prescribed that a sale or purchase of goods shall be deemed to take place in the course ..... all relevant documents were in the name of the corporation whose contract of sale was the occasion of the export. the expression 'occasions' in section 5 of the act means the immediate and direct cause. but for the contract between the corporation and the foreign buyer, there was no occasion for export. ..... effect. in the present case we are concerned with transactions which took place in the year 1969. the provision of sub-section (3) of section 5 of the central sales tax act cannot be made applicable to these transactions.22. the aforesaid discussion leads' to the conclusion that the board of revenue .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-02-1986
Reported in : AIR1987Raj8; 1986(2)WLN444
..... narayan das indurkhya v. state of m.p., air 1972 sc 2086. in that case, the state government had forfeited the copies of books under section 4(1) of the criminal law (amendment) act, 1961. section 4(1) of the act empowers the government to declare every copy of the issue of the newspaper containing such matter and every copy of such book or other document ..... been used in the notification. the necessary facts or reasons on which such satisfaction is based, are nowhere recorded in the notification. sub-section (4-a) of section 3 of the act reads as under : --'3(4a). notwithstanding anything contained in sub-sections (2) and (3) where the state govt. is satisfied with respect to any monument, archaeological site or antiquity, that there is ..... to be forfeited to the government, the publication of which is punishable under section 2 or section 3(2) but the government is required to do so ..... of the notification (annx. 2) reads as under : --'education iv department no. f.4(13)edu./iv/66. whereas the monuments named below are proposed to be declared as protected, the government of rajasthan in exercise of the powers conferred by sub-section (1) of section 3 of the rajasthan monument, archaeological sites and antiquities act, 1961 (act no. 19 of 1961) hereby gives notice of its .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-02-1986
Reported in : 1987CriLJ541; 1986(2)WLN453
..... only that member of the unlawful assembly who wielded the fatal blow, will be individually liable for the murder and the act of his causing the fatal injury to the victim will be taken as his isolated act. section 149, i.p.c, cannot, in such a case, be invoked to fasten liability for the murder on the ..... 1973 the doctor examined pw 2 pratap singh and pw 3 lalsingh and found the following injuries on their person:pratapsingh:1. lacerated wound 1' x 1/4' x 1/4' deep on the outer angle of righteye brow.2. bluish red line 3' x 1' on the middle one third of the right side of the ..... x w on the root of the right little finger dorsally.6. abrasion y4' x y4'' on the left index finger third phalanx dorsally.7. two abrasions 4' x 1/4' each on the lower half of the left forearm palmer side.all these injuries were classified as simple and caused by blunt weapon.5. on april 25, ..... and 6' x 1' caused by blunt weapon.7. cut wound on the head 5' away from the left ear at the occipito-parietal bones size 4'' x 3/4'' deep into brain, cutting the skull bones and bone pieces entered into the brain matter profused bleeding through it more towards the left side membrane ruptured and ..... placed him under the shade of a khejri tree. lalsingh and pratapsingh went to the village and narrated the incident to the villagers. many persons including pw 4 sanwatsingh came on the spot and found balusingh lying dead. they remained with the deadbody and kaliyansingh left the place to go to the pqlice. he reached police .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-04-1986
Reported in : [1988]68STC145(Raj)
..... arbitrary and unreasonable actions can be declared null and void. but in the present writ petitions i do not find any arbitrariness or unreasonableness with the present definition of 'raw material'. thus, this submission of the learned counsel has no merit and is rejected.13. in the result, all the writ petitions are ..... cases that this court should interfere in this matter because it involves question that whether the petitioner is entitled to benefit of exemption under section 5cc of the act of 1954 and has further tried to impress that on account of the fact that certain entries have been made in his registration certificate ..... whether these materials are part of the manufacturing process or it is a raw material for the purpose so as to avail exemption under section 5cc(2) of the act of 1954 is a question of, fact and that can only be determined after both the sides have produced necessary material before the ..... goods or the necessary ingredients which are required then those ingredients will be called raw material for those goods. this definition is not ultra vires to article 14 or any other provisions of the act of 1954.12. the learned counsel for the petitioner has relied upon the case of air india v. nergesh ..... v. state of orissa air 1983 sc 603 and assistant collector of central excise, chandan nagar, west bengal v. dunlop india ltd. air 1985 sc 330.4. it has been observed in the case of titaghur paper mills co. ltd. air 1983 sc 603 as under:it is now well-recognised that where a .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-04-1986
Reported in : 1986WLN(UC)475
..... self-preservation is the basic nucleus from which the right of private defence of property and person has been enacted in the ipc under section 96 to 106, chapter 4 of the ipc.it would be interesting to know the state of ancient laws in one country. 'vyavahara mayukha' describes first who can ..... case--nonexplanation of injuries sustained by accused-inferences to be drawn criminal application nos. 479 and 483 of 1968. dated 30-4-1971 (pat.) reversed (evidence act (1872). sections 114 and (3).in a murder case, the non-explanation of the injuries sustained by the accused at about the time ..... would show that the english people, while enacting the provisions of right of private defence of person and property under the exceptions of indian penal code (sections 96 to 106) have virtually adopted or re-accepted the laws which were prevalent here. it goes without saying that the english law and the ..... bring to an end to the mischief or criminal trespass committed by complainant party. but the impugned act of criminal trespass or so called mischief did not fall under any of the categories appended with section 103, ipc. the complainant party did not commit any theft, mischief or house trespass under ..... and uda. kishore raised an alarm. deva succumbed to injuries as deva and uda both were injured.4. after usual investigation, challan was filed and the accused, 12 in number were charged for the offences under sections 302, 307, 147, 149, 447 ipc. the trial court acquitted all except the appellant.5. .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-09-1986
Reported in : AIR1987Raj180; 1986(2)WLN653
..... court thinks just.18. sub-rule (5) of rule 10 of order 1, c.p.c., provides that subject to the provisions of the limitation act, 1877, section 22, the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons.19. shri kejriwal ..... for the first time, he moved an application for impleading them as party to the appeal. the appellant did not file any application under section 5 of the limitation act for getting the delay condoned in making this so belated application; and no sufficient cause worth the name has been shown which prevented him from ..... -9-73 and no sufficient cause has been shown as to why the application was moved so late. moreover, there is no application under section 5 of the limitation act to condone the delay in making application to implead those legal representatives as party.12. shri sharma, in support of his above contention, relied ..... on 3-9-73 that the appellant filed an application under order 41, rule 20. c.p.c. read with o. 22, rule 3 and rule 4, and section 151. c.p.c., stating that the legal representatives of bholanath who, have been brought on record and impleaded as respondents, are entitled to continue, ..... and the application to bring his legal representatives under order 22. rule 4 was filed on 2-7-85. the appellant has also filed application under order 22. rule 9, c.p.c. as also another application under section 5 of the limitation act to which reply has been filed on behalf of kailash, proposed .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-15-1986
Reported in : AIR1987Raj3; 1986(2)WLN63
..... with according to us, cannot be held to be flouted by following the circular dated september 30, 1968, and the order of the chief justice dated march 4, 1986. in our considered opinion these two circulars (are) not only in consonance with the rules, (but) rather advance the cause for which the high ..... dated march 5, 1986, also do not indicate any ground or reason as to in what manner the administrative order of the chief justice dated march 4, 1986 do the circular of the registrar dated september 30, 1968 overrides the rule or is not in consonance with rule 170. the direction of the ..... record, as laid down under rule 170 of the general rules (civil) has expired. the circular letter dated september 30, 1968 is reproduced hereunder :--no. gen/4/p.i. dated 30-9-68 from the registrar, rajasthan high court, jodhpur. to all district & sessions judges. sub:-- destruction and preservation ofjudicial records under rule ..... of classes ii and iii shall be preserved for 6 years. (6) part d of civil records of all classes shall be preserved for 3 years.' 4. thus, rule 160 of the rajasthan high court rules provides for calling of the record when the appeal is admitted while rule 163 provides for issue ..... that it was destroyed. the orderdated february 25, 1986, was also brought tothe notice of the hon'ble chief justice by the addl. registrar on march 4, 1986 and hon'ble the chief justice directed that a circular should be issued to all the district judges, addl: district judges and all judicial officers .....
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