Court : Rajasthan Jodhpur
..... although the learned counsel appearing for the rival parties have made endeavor to place reliance on catena of judicial precedents throwing light on the propositions they have urged, but the significance of a legal precedent in a matrimonial case always depends on facts and circumstances of an individual case. ..... the lapse of time of more than two and half decades in the considered view of this court has its serious repercussions in the relationship of spouses and virtually the state of things, which are prevailing at the moment, clearly portrays ramification of irretrievable breakdown of the marriage. ..... this vital fact has also acquired great significance in the light of fact situation of the instant case. ..... one more redeeming feature of the instant case is that both the spouses are litigating since last more than two decades and are living separately for last two and half decades. ..... proceedings undertaken by the court from time to time clearly and unequivocally reveals that there is a serious acrimony between the rival parties and both are living separately since last more than two and a half decades. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... although the learned counsel appearing for the rival parties have made endeavor to place reliance on catena of judicial precedents throwing light on the propositions they have urged, but the significance of a legal precedent in a matrimonial case always depends on facts and circumstances of an individual case. ..... the lapse of time of more than two and half decades in the considered view of this court has its serious repercussions in the relationship of spouses and virtually the state of things, which are prevailing at the moment, clearly portrays ramification of irretrievable breakdown of the marriage. ..... this vital fact has also acquired great significance in the light of fact situation of the instant case. ..... one more redeeming feature of the instant case is that both the spouses are litigating since last more than two decades and are living separately for last two and half decades. ..... proceedings undertaken by the court from time to time clearly and unequivocally reveals that there is a serious acrimony between the rival parties and both are living separately since last more than two and a half decades. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009(3)WLN68
..... per contra, the learned counsel for the non-claimant-respondents pleaded that the injured has not specifically stated in his statement that his leg was shortened by half inch and the doctor in this case was not produced as a witness. ..... it is a fit case that the additional compensation for shortening of leg by half inch should also be awarded to the injured-claimant-appellant in the light of cited judgments. ..... it is an admitted that there is a shortening of leg of the injured by half inch for which the certificate exhibit-13 has been produced by the claimant-injured.8. ..... the learned counsel for the injured-claimant appellant pleaded that admittedly, as per the certificate of doctor it is borne out of the shortening of half inch of leg because of the injury sustained by him. ..... 1,00,000/- for shortening of half inch of leg and while relying on this judgment, i consider it proper that the additional award out of which rs. ..... 1,00,000/- should also be given to the injuredclaimant for shortening of his leg by half inch. ..... shortening of half inch of his leg. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2005CriLJ4357
..... the estimate of the witnesses that looting was going on for more than half an hour was exaggerated because the actual operation could not have taken more, than a few minutes. ..... p/12 and also there was no mention of the fact that the accused appellants were seen in the light of the truck. ..... in the light of above lapse of time, it is to be seen now as to whether pw5 nandram has correctly identified and he would remember the faces of the accused persons after such a long lapse of time when the incident is said to have completed ..... then it is difficult to presume that pw5 was having an opportunity to correctly remember the faces of the accused particularly in the circumstance when it was dark and there was no light. ..... according to the learned judge, it was a dark night and there was no sufficient light. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(3)WLN463
..... in the matter of illiterate or poor litigants, the consideration little bit may be different, but in case of the insurance company appellant, for the reasons afore-stated this slakness, carelessness and negligence cannot be taken lightly by the court. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996(3)WLC8; 1996(1)WLN333
..... . as regards the other proposition, we are in full agreement with the learned single judge that the plaintiff is entitled to only half share in the joint ancestral property, which pola ram had, to which the adopted child raja ram was a member by virtue of his adoption ..... 3 nathu ram s/o chhoga ram will not affect the lights of the plaintiff raja ram as regards the half portion of the agricultural land described in para 3 of the plaint as also half share in the houses situated at manaksar and suratgarh belonging to the plaintiff- raja ram and defendant no. ..... 1 to 3 against the judgment of the first appellate court dated 12.2.1987 allowing the appeal partly and declaring the share in respect of half portion of the agricultural land as also half share in the houses situated at manaksar and suratgarh belonging to the plaintiff and defendant no. ..... 3 nathu ram will not affect the rights of the plaintiff raja ram as regards the half portion of the agricultural land described in para 3 of the plaint as also half share in the houses situated at manaksar and suratgarh belonging to the plaintiff and defendant no. ..... . pandurrag and champa bai filed a suit for partition against dharma for half share in the properties of the joint family .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(1)WLN548
..... the incident had taken place in the broad day light and it must have continued for at least half-an-hour, giving sufficient time to the victims to identify some of the assailants, who came near them and who played prominent role in the incident. ..... the incident took place in the day light between 12.00 - 1.00 p.m. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992(1)WLC188; 1991WLN(UC)469
..... while in service and renders service as supervisor he is given credit as junior engineer for half the period of his service as supervisor subject to a maximum of four years. ..... further more, the weightage given is only for half the period they have served as supervisors. ..... the government has tried to mitigate the hardship by framing this rule which accords to such new junior engineers or up graded supervisors the benefit of half the length of service as supervisors. ..... in the light of their wide experience and basic qualification, we are unable to say that there is anything capricious, in giving them the limited benefit or weightage under the new rule. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1989WLN(UC)302
..... public because of large of shops being situated there and where hubbub could easily be heard in these situations, i failed to understand how could the accused have dared to outrage the victim in broad day light; & that, when her hands and mouth are said to have been tied with muffler & belt on the road this process of trying certainly would have taken time as a lady of same age of ..... another curious feature which casts aspect on the evidence of the victim is that as admitted by the victim (pw 9) the accused had sexual intercourse for half on hour but he did not discharge semen, and in my view, such version was given out by her purposely as she was certain that no semen would be found either on her kirtle ..... the defence counsel then added by contending that the alleged time (at noon in a broad day light) of culpability looks too importable because; no person would commit rape at noon time in a way closed to the road within few meters of the petrol pump and the shops ..... it looks too improbable that a full sexual intercourse that too take piece for half an hour would not cast aspect of semen on the trousers of the accused as well as kirtle of the victim which leads to sufficiently infer the either no sexual intercourse took place or that if ..... she stated the police station just near the place of occurrence, in the light of this testimony, her testimony also casts aspect because instead of going to the police station which has been stated to have been near the place of occurrence, she went .....
Tag this Judgment!Court : Rajasthan
Reported in : 1984WLN(UC)354
..... (8) light wounds of exist size 3/8' x 3/8' on antero medial surface of upper half cf it thigh scattered in arms of 8' x 8'. ..... (7) light wounds of entry 2' x 1/2' of different depth scattered in arms of 1' x 7' on posterior part of upper half left of left thigh. ..... he has also pointed out that witness has stated that he saw the firing from a distance of about one-and-half killas. ..... he has stated that he saw the incident from a distance of about a kilo-and-a-half. ..... upper arm lateral surface in upper half. .....
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