Judgment Search Results Home > Cases Phrase: forest offence Court: rajasthan Page 7 of about 11,825 results (0.025 seconds)

Ajudiya Sugar Mills and anr. Vs. Alcobex Metals Ltd.

Court : Rajasthan

Reported in : RLW2004(3)Raj1874; 2004(3)WLC236

..... of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with ..... thus, the core question which arises for consideration is:-'whether the payee or holder of the cheque can initiate prosecution for an offence made under section 138 of the act for its dishonour for the second time, if he had not initiated such presentation on the earlier cause of ..... in view of the provisions of section 142 of the act, the court was forbidden from taking cognizance of offence under section 138 as the complaint was not filed within one month on which the first cause of action arose ..... -notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974),-(a) no court shall lake cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque;(b) such complaint is made within one month of the date on which ..... , the magistrate in view of section 142 of the act is forbidden from taking cognizance of an offence if the complaint was not filed within one month on which the first cause of action arose.7. .....

Major General A.K. Lal Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : RLW2009(2)Raj1039

..... summary court-martial without a reference to the officer empowered to convene a district court-martial or on active service a summary general court-martial for the trial of the alleged offender unless-(a) the offence is one which he can try by a summary court - martial without any reference to that officer; or(b) he considers that there is grave reason for immediate action and such reference cannot be made without detriment ..... (1) an officer before convening a general or district court-martial shall first satisfy himself that the charges to be tried by the court are for offences within the meaning of the act, and that the evidence justifies a trial on those charges, and if not so satisfied, shall order the release of the ..... (2) the commanding officer shall dismiss a charge brought before him if, in his opinion the evidence does not show that an offence under the act has been committed, and may do so if, he is satisfied that the charge ought not to be proceeded with;provided that the commanding officer shall not dismiss a ..... any facts in respect of which any deduction from pay and allowances can be awarded as a consequence of the offence charged, the particulars shall state those facts and the sum of the loss or damage it is intended to ..... (4) where the evidence taken in accordance with sub-rule (3) of this rule discloses an offence other than the offence which was the subject of the investigation, the commanding officer may frame suitable charge (s) on the basis of the evidence so taken as .....

Sawai Madhopur Oil and Pulse Industries and ors. Vs. State of Rajastha ...

Court : Rajasthan

Reported in : 2001(3)WLC419; 2003(1)WLN255

..... ultimately passed by the excise commissioner or the officer authorised by the state government in this behalf or,(b) where an order passed on appeal under sub-section (5) so requires; or(c) where in a prosecution instituted for commission of offence under this act in respect of which an order of confiscation has been made under this section, the person concerned is acquitted,be paid, returned or refunded, as the case may be, to its owner:provided that no interest ..... officer, not below the rank of the district excise officer, as may be duly authorised by the state government in this behalf and whether or not a prosecution is instituted for commission of such an offence, the excise commissioner or the officer authorised in this behalf by the state government, having jurisdiction over the area where the said means of conveyance was seized, may, if satisfied that the said means ..... seized on the allegation that it was used for committing a forest offence, the same shall not normally be returned to a party, till the culmination of all proceedings in respect of such offence, including confiscatory proceedings, if any. ..... case of a forest offence, under the karnataka forest act, 1963 ..... , used in commission forest offence should not be released and that even if court is inclined to release the same, the authorised officer must specify reasons therefor and must ..... a casual approach and its order was contrary to law and the casual approach in respect of offences relating to forests, was deprecated.48. .....

Nand Lal and ors. Vs. the State of Rajasthan

Court : Rajasthan

Reported in : RLW2008(4)Raj3133

..... order of sentence dated 13th of july 1988 passed by the sessions judge, dungarpur whereby the learned sessions judge has convicted the accused appellants, namely nandlal, motilal and bakshi in the offences under section 148, 189, 307, 307/149, 353/149 of indian penal code and section 42(1) of forest act and sentenced them as under:sentencenand lal 353/149 ipc 2 years' rigorousimprisonment and afine of rs. ..... the impugned order of conviction of the accused appellants in the offence under sections 148, 189, 307, 307/149, 353/149 ipc and section 42(1) of forest act and the order of sentence as aforesaid detailed, are ..... the factual matrix of the prosecution case as narrated in the fir ex.p/8 is that on 11th of february, 1983 at about 10.30 pm pw/7 surya singh , forester, came to the complainant pw/3 kartikeshwar on motor cycle and told that two trucks loaded with sagwan timber were to reach at the barrier, who were not having any pass or transit permit to ..... of bihar (2004) 13 scc 189, the hon'ble supreme court inter alia has held that to constitute an offence under section 307 , two ingredients of the offence must be present:(a) an intention of or knowledge relating to commission of murder; and(b) the doing of an act ..... 438 he has argued that for the proof of the commission of an offence under section 307 ipc the receipt of any injury on the part of the victim is not a ..... were charged with the offences under section 148, 307, 307/149, 353/149 and 189/149 ipc and section 42(1) of forest act. .....

Noor Khan Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1(1998)ACC362; 1998(2)WLC676

..... accused person pleads guilty and remits the sum specified and has complied with the provisions of sub-section (1), or as the case may be, sub-sections (1) and (2), no further proceedings in respect of the offence shall be taken against him nor shall he be liable, notwithstanding anything to the contrary contained in this act, to be disqualified for holding or obtaining a licence by reason of his having pleaded guilty.10 ..... by a specified date prior to the hearing of the charge, plead guilty to the charge and remit to the court, by money order, such sum (not exceeding the maximum fine that may be imposed for the offence) as the court may specify, and the plea of guilt indicated in the money order coupon itself; provided that the court shall, in the case of any of the ..... route on which or the area in which or the purpose for which the vehicle may be used, shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees and for any subsequent offence with imprisonment which may extend to one year but shall not be less than three months or with fine which may extend to ten ..... made thereunder, and no penalty is provided for such a contravention, shall on conviction be punishable with fine which may extend to three hundred rupees, and in the event of such person having been previously convicted of an offence under this act or rules made thereunder with fine which may extent to six hundred rupees.section 15 of the m.v. .....

Beni Madhava and ors. Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1983CriLJ633

..... the proviso to sub-section (2) of section 167 would be attracted and the accused would be entitled to be released on bail if the magistrate has failed to take cognizance of the offence under section 190 within the period prescribed in the said proviso irrespective of the fact that the police had filed the challan in the court before the expiry of the aforesaid period prescribed ..... mean that in cases where the magistrate, due to some reason, is not able to consider the challan that is filed by the police before him and does not take cognizance of the offences disclosed in the challan under section 190 on the day it is filed there would be no valid authority for the detention of the accused person during the period subsequent to the date of ..... order, dated july 3, 1981, shows that after filing of the charge-sheet the judicial magistrate had, on july 3, 1981, after examining the papers, taken cognizance of the offences disclosed in the charge-sheet and since the aforesaid order, dated july 3, 1981 was passed before the expiry of period of 90 days from the date of the arrest of ..... class and a magistrate of the second class specially empowered in this behalf under sub-section (2) to take cognizance of any offence either upon receiving a complaint of facts which constitute such offence or upon a police report of such facts or upon his own knowledge that such offence has been committed, sub-section (2) of section 190 makes provision for a magistrate of the second class being empowered by the .....

Vimal Chand and Etc. Etc. Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : 1999CriLJ128

..... persons intentionally infringes or abets the infringement of (a) the copyright in a work, or (b) any other right conferred by this act, and where the magistrate has taken cognizance of any offence under section 63 in respect of the infringement of copyright in any work, it shall be lawful for any police officer, not below the rank of sub-inspector, to seize without any ..... sections 420 and 120b, ipc by the petitioners, nor there is any evidence showing that the petitioners are partners of the said firm and have committed any of the specified offences as partners of the firm nor there is any evidence to establish that the petitioners had committed violation of the trade mark of the complainant-firm, hence, in my view, ..... absence of any violation of any of the clauses of the said agreement or any independent and prima facie evidence on record, it cannot be inferred that the petitioners have committed any of the offences referred to in the first information reports or in the impugned orders, whereby the learned judicial magistrate declined the petitioners' requests for release of the goods in question on execution of 'superdginama' ..... out at all against any of the petitioners for the alleged violation of provisions of the aforesaid acts of 1957 and 1958, nor they can be held liable for commission of offences under section 420 read with section 120b, ipc, as it cannot be inferred from the contents of the firs or complaints that the petitioners have dishonestly inducted the complainant-firm .....

Bajrang Lal Laxmi NaraIn Dadli Deedwana Regd. Partnership Firm Vs. Jee ...

Court : Rajasthan

Reported in : 2000(2)WLN319

..... procedure in cases mentioned in section 195(1) when, upon an application made to it in this behalf or otherwise, any court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or ..... thereof in writing;(c) send it to a magistrate of the first class having jurisdiction;(d) take sufficient security for the appearance of the accused before such magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do, sent the accused in custody to such magistrate; and(e) bind over any, person to appear and give ..... my humble opinion, expression of opinion by a court that it is expedient in the interest of justice to make inquiry into an offence against public justice and for offence relating to documents given in evidence and a finding thereon that such offences appear to have been committed, by an accused is analogous to an 'investigation' to avoid frivolous and false inquiry by a ..... in the present case are disastrous to the present justice system involving their moral turpitude which call for inquiry to be made into the offences referred to in clause (b) of sub-section (1) of section 195 which prima facie found to be established against them in relation to proceeding of the present second appeal before .....

Dinesh and ors Vs. State and anr

Court : Rajasthan Jodhpur

..... (4)where, the allegations in the fir do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a magistrate as contemplated under sec ..... the further allegation that she was being harassed for demand of dowry right since her marriage and, thereby, the accused committed the offences under sections 498a and 323 ipc are also malicious. ..... (3)where the uncontroverted allegations made in the fir or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. ..... taking the stand that a bare perusal of the complaint discloses commission of alleged offences and, therefore, it is not a case which needed to be allowed. ..... down therein are as follows : (1)where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. ..... mahila thana, district jodhpur, for the offences under sections 498a and 323 ipc, at the instance of the respondent no.2 ..... the complaint was filed on 6/2/2000 alleging commission of offence punishable under sec. ..... (12) a cognizable offence, justifying an investigation by police officers under sec ..... after more than one month of the application for divorce, the complainant has lodged the impugned fir involving the petitioners for the aforesaid offences. .....

Shishpal and anr. Vs. the State of Rajasthan

Court : Rajasthan

Reported in : 1984WLN204

..... (2) the chief judicial magistrate may empower any magistrate of the second class to take cognizance under sub-section (1) of such offence as are within his competence to inquire into or try.before a magistrate can be said to have taken cognizance of an offence, he must have not only applied his mind to the contents of the complaint or the police report or the information presented before him, but must have done so for ..... that the district magistrate, kohima was a competent magistrate to take cognizance of the offences, with which the petitioner and others were charged, under section 190 of the ..... the supreme court in these facts observed as under:taking cognizance of an offence within the meaning of section 190 only means that the magistrate must apply his mind to contents of the complaint before him for the purpose of proceeding under ..... offences by magistrates(1) subject to the provisions of the chapter, magistrate of the first class, and any magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence(a) upon receiving a complaint of facts which constitute such offence;(b) upon a police report of such facts;(c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence ..... 1983 and the magistrate had sent the accused persons to judicial custody on being satisfied prima facie from the fir that the accused persons had committed the offences with which they were charged. .....