Court : Rajasthan Jodhpur
..... any exception to bring out him from commission of the offence except murder. the second appellant fateh chand has been convicted for the offence punishable under section 302/34 indian penal code. the trial court arrived on the conclusion that this accused participated in the crime in furtherance to the common intention with ..... ,j.) learned additional sessions judge (fast track) no.2, bikaner, by judgment dated 28.2.2006, convicted accused pyarelal for the offence punishable under section 302 indian penal code and accused fateh chand for the offence punishable under section 302/34 indian penal code. both the accused were sentenced to undergo life term imprisonment with fine of ..... shall be relevant to mention that a heavy burden lies on prosecution to prove that actual participation of more than one person for commission of a criminal act was done in furtherance of common intention. normally, it is difficult to have direct proof of common intention and that can only be inferred from the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... certificates the respondent by order dated 08.07.2009 demanded the outstanding loan amount with interest from the petitioners as aforesaid. the said order was passed under section 99 of the act of 2001. the writ petitions came up on 7th of august 2009 and while admitting the same, this court issued interim protection in favour of petitioners ..... timely, the respondent no.3 bank filed applications before respondent no.2, the prescribed authority cum executive officer for recovery of due amount under section 88 of the rajasthan cooperative society act 2001 showing amount due against petitioner baldeo singh rs.35,750 and against petitioner boota singh rs.39,600 as on 31.03.2009. the ..... upto 31.03.2007 and overdue as on 31.12.2007 and remaining unpaid until 29.02.2008. 2. restricted and rescheduled by banks in 2004 and in 2006 through the special packages announced by the central government, whether overdue or not; and 3. restructured and rescheduled in the normal cours.upto 31.12.2007 as per .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... certificates the respondent by order dated 08.07.2009 demanded the outstanding loan amount with interest from the petitioners as aforesaid. the said order was passed under section 99 of the act of 2001. the writ petitions came up on 7th of august 2009 and while admitting the same, this court issued interim protection in favour of petitioners ..... timely, the respondent no.3 bank filed applications before respondent no.2, the prescribed authority cum executive officer for recovery of due amount under section 88 of the rajasthan cooperative society act 2001 showing amount due against petitioner baldeo singh rs.35,750 and against petitioner boota singh rs.39,600 as on 31.03.2009. the ..... upto 31.03.2007 and overdue as on 31.12.2007 and remaining unpaid until 29.02.2008. 2. restricted and rescheduled by banks in 2004 and in 2006 through the special packages announced by the central government, whether overdue or not; and 3. restructured and rescheduled in the normal cours.upto 31.12.2007 as per .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... pupil-teacher ratio in a school has been specified in the schedule which is mandated to be maintained in each school by virtue of provisions of section 25 of the act. suffice it to say that right to compulsory education enshrined in article 21a of the constitution of india presupposes quality education to the children and ..... tamil nadu & anr.: (2000) 7 scc618 has held that with the change in law and the notification dated 23.08.2010 issued under section 23 of the national council of teachers education act, by the ncte, which has been declared as academic authority authorised by the central government by notification, it is not legally permissible to ..... respondents (reportable) by the court (per hon'ble sunil ambwani, actg.cj) 1. the appellant-petitioner was engaged as 'vidhyarthi mitra', on contract in the year 2006 and thereafter to teach the students in government primary school, chhipi, district jalore. his services were dispensed with on completion of three months, after which, he was re .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... with mala fide intention and by failing to make the payment of the said dishonoured cheque within the stipulated period have committed the offence under section 138 read with section 141 of the negotiable instruments act, 1881.15. the complainant further submit that the complaint is being filed within 1 month from the date of expiring of the 15 ..... to be of any significance or may be held to be wholly unnecessary.21. in mosaraf hossain khan vs. bhagheeratha engg. ltd. [(2006) 3 scc 658], this court held :"0. in terms of section 177 of the code of criminal procedure every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it ..... and 179 cr.p.c. and section 138 of the negotiable instruments act and lays down the law in the correct perspective. if the view as expressed by the hon'ble apex court in the case of shamsad begum is accepted, then a situation may arise wherein the banking institution or a finance company, which has in its possession numerous .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... inclusive of dyed, printed and otherwise processed material and hence, processing was also textile and the activity of the appellant amounted to manufacture leading to the liability under section 5a of the act of 1963. so far the finding part is concerned, the same has occurred only in the last sentence of paragraph 6 of the order impugned in the following ..... rendered by a constitutional bench and, therefore, binding.4. the ld. counsel has argued that a show cause notice already issue to the appellants vide letter dated 27.01.2006 and which was replied by the appellants, a copy of which is marked as annexure b & c. it is pointed out by him that in demand notice the advance ..... the decision of the hon'ble supreme court in ujagar prints case : air 1989 sc 516. it was also submitted that earlier, a notice was issued on 27.01.2006 and in response thereof, advance payment was made by the appellant. it was contended on the basis of these facts that once the payment of cess was established, the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... lal, such an objection at the instance of the sub-letee is not even maintainable for lack of any privity between the subtenant, landlord as defined under section 3 (iii) of the act and/or the owner of the suit premises, as such, the issue sought to be raised by the appellant in the present appeal qua the maintainability of ..... (para1) and that he was statutory tenant of the plaintiff and is ready and willing to pay the reasonable rent . (para17) and the definition of landlord in section 3(iii) of the act, which takes within its sweep any person, who for the time being is receiving the rent of any premises, whether on own account or as an agent, trustee ..... khan; the possession of the shop was handed over to yasheen khan by murari lal two months' prior to his death; proceedings under section 19a of the rajasthan premises (control of rent and eviction) act, 1950 ('the act') were initiated by bajrang lal; in reply thereof, it was indicated that yasheen khan was not the tenant and there was no .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... law as it is, the son would inherit the same as karta of his own family. but the question, is, what is the effect of section 8 4 of the hindu succession act, 1956?. the hindu succession act, 1956 lays down the general rules of succession in the case of males. the first rule is that the property of a male hindu dying ..... today the property which devolved on a hindu under section 8 of the hindu succession act would be huf in his hand vis- a-vis his own son; that would amount to creating two classes among the heirs mentioned in class i, the male heirs ..... the old hindu law get a right by birth of the said property contrary to the scheme outlined in section 8. furthermore as noted by the andhra pradesh high court that the act makes it clear by section 4 that one should look to the act in case of doubt and not to the pre-existing hindu law. it would be difficult to hold .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... p.c.and commenced investigation. in the investigation, accused bharat lal was 3 arrested on 6.5.2006 vide ex.p/19 at about 10.30 a.m.and after his arrest upon his information under section 27 of the evidence act on 08.05.2006, the sword was recovered vide ex.p.18. the body of deceased was handed over to ..... the family members after post-mortem and thereafter, statement of prosecution witnesses under section 161 cr.p.c.were recorded. after completion of investigation, ..... as well as defence, heard the final arguments of the parties and held the accused appellant bharat lal guilty for offence under section 447 and 302 i.p.c.and passed aforesaid sentence vide judgment dated 29.09.2006 against the accused appellant. 4 in this appeal while challenging the validity of the said judgment, learned counsel for the appellant .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... law & justice, department of legal affairs, government of india for taking appropriate steps. true it is, that till date the said ground has not been incorporated under section 13 of the act of 1955, but in the backdrop of the facts and circumstances of the instant case, the ratio decidendi of the aforementioned verdict can be appropriately applied and therefore while ..... of the marriage. this court is quite conscious about the fact that irretrievable breakdown of the marriage is not a ground of divorce within the four corners of section 13 of the act of 1955. however, this important aspect [27] cannot be overlooked by this court so as to conclude that matrimony between both the spouses is dead for all ..... v/s. preety 2008 (1) ccc 40.(p & h) 7. usha rani v/s. sham lal 2008 (1) ccc 66.(p & h) 8. purshotam dass v/s. smt. purnima 2006 (4) ccc 75.(raj.) (db) 9. shyam sunder kohli v/s. sushma kohli @ satya devi 2005 (1) ccc 8.(sc) per contra, learned counsel for the respondent- husband has .....
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