Court : Rajasthan
Reported in : RLW2010(2)Raj1847
..... from the principles of the indian evidence act in view of provisions of section 146 of the n.i. ..... to 147 lay down a kind of a special code for the trial of offences under chapter xvii of the negotiable instruments act and sections 143 to 147 were inserted in the act by the negotiable instruments (amendment and miscellaneous provisions) act, 2002 to do away with all the stages and processes in a regular criminal trial that normally cause inordinate delay in its conclusion and to make the trial procedure as expeditious as possible within in any way compromising on ..... by the second amendment of 2002, sections 143 to 147 were inserted besides changes in the existing provisions under section 138 to 142 ..... amendment was brought by the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 and second by the negotiable instruments (amendment & miscellaneous provisions) act, 2002 ..... the provisions of the evidence act, the code of criminal procedure to the extent indicated under sections 142 to 147 was with the purpose and objects taken note of while bringing two amendments. ..... interpretation otherwise the very purpose and object of bringing amendment under sections 142 to 147 of the n.i. ..... , inter alia read, inter alia, as under:keeping in view of the recommendations of the standing committee on finance and other representations, it has been decided to bring out, inter alia, the following amendments in the negotiable instruments act, 1881, namely:(i) to (iii) . .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007CriLJ3614; RLW2008(2)Raj1084
..... section 3 of the criminal law (amendment) act, 17 of 1949 and since section 453 of criminal procedure code has been repealed as a consequence of which no separate charge was held to be made or tried in the case of uttom kundoo exists; but the trial court, relying upon the judgment in uttom kundoo's case did not consider the fact, that section 453, criminal; procedure code was not existing in the year 2002 ..... petitioner-state that in the facts and circumstances of the present case the above proposition, held in afore-quoted judgment, will not apply inasmuch as the challan was presented before the court with evidence of number of cases, at different occasions, at different places had been registered against the accused non-petitioners relating to offences in respect of their dealing in the stolen property; more so, after ..... but, in the matter of section 413 of the indian penal code, the section specifically relates to a habit of the dealing in stolen property, in which case, the trial is proceeded with; and, the legislature has enacted the section with particular intent to check the habitual dealing in stolen property by enhancing the sentence in the matter of habitual dealing in stolen property in comparison to offence punishable under section 411, ipc where the dealing of ..... 146/2003, police station vidhyadhar nagar, wherein challan was filed against non-petitioner accused waman narayan gheeya and others and along with other charges, charge under section 413, ipc is also framed, the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1997(1)WLC514; 1996(2)WLN421
..... say in this regard that a conjoined reading of section 91 of indian evidence act and section 49 of indian registration act after rajasthan amendment act no. ..... section 91 of the indian evidence act excludes oral evidence in proof of the terms of such agreement to sell which requires registration whereas section 49 of the registration act prohibits its receivability in evidence ..... her right, title and interest including possession, is an unregistered document while section 17 of the indian registration act has been amended by rajasthan amendment act no. ..... of fact every agreement for sale of immoveable property coupled with possession thereof is required to be compulsorily registered under section 17(f) inserted in the indian registration act by the rajasthan amendment act no. ..... of receiver under section 146 cr.p.c. ..... a receiver of the house in question in exercise of his power under section 146 cr.p.c.4. ..... as a receiver of the residential house of the petitioner in exercise of his power under section 146 cr.p.c.2. ..... approached such competent court and had obtained an interim injunction or had got a receiver appointed for protection of the property during trial of such suit then instead of invoking their jurisdiction under section 145(1) and 146(1) cr.p.c. ..... me that wherever there is apprehension of breach of peace between the parties, the executive magistrate has no option except to arrest apprehension of breach of peace by initiating proceeding under section 145 read with section 146 cr.p.c. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2001Raj372; 2002(1)WLC299; 2001(4)WLN276
..... was added by the amending act of 1929 says in clear terms that an unregistered document affecting immovable property and required by the registration act to be registered may be received in evidence as evidence to be effected by ..... indian evidence act ..... registration act after rajas-than amendment act ..... the argument of the learned counsel for the defendants that once the document is admitted in evidence then it will have to be read in evidence and use for examination and cross-examination should not be discarded, as has been held by supreme court in maver ..... it has been held as under:'an amalnarna, creating raiyati settlement, requires registration and if it is not registered, it is inadmissible and, no evidence could be given as to its terms and its contents could not be used for that purpose (s) air 1955 sc 328 foll air 1941 pat 577, air 1946 pat 407 and ..... either as partnership deed of family arrangement needed to be registered and an unregistered one could not be used even to prove that there was a partition and oral evidence regarding partitionon the basis of such document could not be led as it was barred by sec. ..... 91 of the indian evidence act excludes oral evidence in proof of the terms of such agreement to sell which ..... held as under:-'section 35 stamp act not only makes instruments, which do not bear the requisite stamp, inadmissible but also incapable of being acted upon by the court ..... section 49 reads as under:effect of non-registration of documents required to be registered - no .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC419; 2003(1)WLN255
..... therefore, by operation of proviso to clause (2) of article 254, the amendment act prevails over the relevant provisions in the indian evidence act, ipc and the code, in relation to the state of kerala.it was argued by the learned counsel for the petitioners that the impugned amendment trenches upon some of the provisions of evidence act, ipc and cr.p.c. ..... in that case, writ petitions were filed challenging to the constitutional validity of certain sections of the tamil nadu prohibition act and amended act, 1983 and the tamil nadu liquor transit rules, 1982 framed thereunder. ..... krishna lal and others (supra), the supreme court was considering the validity of insertion of sections 57-a and 57-b by kerala abkari (amendment) act, 1984 and the legislative competence of the state and the supreme court held that the provisions, covered by entry-8, read with entries 64 and 65 of list-ii of schedule-vii to the constitution being in pith and substance ..... however, the state legislature has promulgated the rajasthan excise (amendment) ordinance, 2000, whereby section 54a has been inserted and section 69 of the act has also been amended and as per amended sub-section (6) of section 69 of the act, it has been provided that whenever any means of conveyance is seized in connection with commission of an offence under the act, the excise commissioner or any officer authorised in this behalf by the state government shall have, and, notwithstanding anything contained in any law for the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1006
..... learned counsel submitted that a presumption in view of section 108 of the indian evidence act should arise about his death. ..... in these circumstances when the husband of the petitioner was missing and was not heard of for more than seven years, a presumption should arise about his death in terms of section 108 of the indian evidence act. ..... learned counsel therefore prayed that the order of his removal which has been passed simply on the basis of notice under section 86(4) of the rajasthan service rules, should be quashed and set aside and the respondents be directed to pay to the petitioner family pension as also the other terminals benefits like death cum retirement, gpf and gratuity ..... rule 86(2) of the rajasthan service rules was purposely amended by. ..... 2002 (4) wlc (raj. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ1020; 1995(2)WLC499
..... section 113b has been inserted in the evidence act by the amendment act ..... basic ingredient for attracting the provisions of section 113b, evidence act and for constituting the offence under section 304b for 'dowry death' does not ..... him in this case, no presumption can be drawn under section 113b, evidence act because there is not a fringe of evidence to prove that the deceased was subjected to cruelty soon ..... garg has vehemently contended that the learned sessions judge has not correctly discussed, analysed and evaluated the prosecution evidence; that the evidence against the appellant and the co-accused persons was alike and relying on that, the learned trial judge acquitted co- ..... a combined reading of section 2 of the dowry prohibition act, 1961, 304b, ipc and section 113b, evidence act unmistakably shows that in order to draw the presumption as to 'dowry death,' the prosecution must prove (i) that the death of the deceased had taken place within seven years of her marriage; ..... the amended section 2, of the dowry prohibition act, 1961 defines 'dowry' as follows :section 2 definition of 'dowry' -- in this act 'dowry' means any property or valuable security given or agreed to be given either directly or indirectly-- (a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party to a marriage or by any other ..... this section declares that for the purpose of this section, 'dowry death' shall have the same meaning as in section 304b of the indian penal .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj546
..... period of 30 days has been reduced to 7 days by the indian railway amendment act, 1972 w.e.f. ..... in this view of the matter, the claim of railway respondents for exemption under sub-section 2 of the section 77 of the indian railway act cannot be sustained and the loss occurred to the appellant has to be made good by ..... (3) held that sub-section (1) of section 77 of the act states that the railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the indian contract act, 1872 for loss, destruction, damage, deterioration or non-delivery of the goods carried by railways if such ..... the learned counsel for the appellant further submits that the respondent claims exemption under sub-section 2 of section 77 of the indian railways act in respect of the consignment, which was booked by the appellant on 23.5.1986 to railway station, ..... in the instant case, the respondent neither pleaded nor proved by evidence that the goods remained intact for the entire period of 7 days after the termination of ..... in that case, there was no evidence to show that goods remained intact during the period of 30 days after the goods had reached the destination ..... from the evidence, it is crystal clear that the damage occurred to the appellant was on account of non- delivery of the consignment and the appellant has claimed real value of the consignment as also the interest on account of non- delivery ..... has not led any evidence in this regard. ..... the respondent did not lead any evidence.13. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003ACJ1163; AIR2002Raj226; 2002(4)WLC748; 2002(4)WLN41
..... of 30 days has been reduced to 7 days by the indian railway amendment act, 1972 w.e.f. ..... the learned counsel for the appellant further submits that the respondent claims exemption under sub-section (2) of section 77 of the indian railways act in respect of the consignment, which was booked by the appellant on 23-6-1986 to railway station, ..... in this view of the matter, the claim of railway respondents for exemption under sub-section (2) of section 77 of the indian railways act cannot be sustained and the loss occurred to the appellant has to be made good by ..... firm shanker lal mohandas, air 1974 all 255, allahabad high court while considering the provisions of sub-section (2) of section 77 of the act held that the railway administration has to take the same amount of care not only during the period of transit of the goods but for a period of 30 days after the termination of ..... in the instant case, the respondent neither pleaded nor proved by evidence that the goods remained intact for the entire period of 7 days after the termination of ..... in that case, there was no evidence to show that goods remained intact during the period of 30 days after the goods had reached the ..... from the evidence, it is crystal clear that the damage occurred to the appellant was on account of non-delivery of the consignment and the appellant has claimed real value of the consignment as also the interest on account of non-delivery ..... has not led any evidence in this regard. ..... respondent did not lead any evidence.12. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(4)WLC369; 2000(2)WLN221
..... a reference may be made in this regard to the relevant provisions of section 17 of the registration act, 1908 as amended by indian registration (amendment) act (no. ..... hence, there was no bar for the trial court to have taken the said document on record by way of reception in evidence and thereafter duly exhibiting the same on the record since the relief sought for in the suit was for specific performance of the agreement. ..... the defendant submitted that the said document could not be admitted into evidence while the plaintiff contended that since the original document had been filed alongwith the plaint and since it was not a sale deed, only an agreement of sale which did not pass on any title by ..... on this premises, the trial court, refused to accept the said agreement into evidence and had posted the case for recording the evidence of the plaintiff on the last date of hearing i.e. ..... in my view, that occasion would have arisen only at the time of final decision of the case after the parties had been called upon to adduce evidence and thereafter, the order could be passed on merits. ..... the true nature of a transaction evidence by a written agreement has to be ascertained from the covenants and not merely from what the parties choose to call it the terms of the agreement must be carefully scrutinised in the light of the surrounding circumstances-see the .....
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