Court : Rajasthan Jodhpur
..... opinion that ex-facie, the fir impugned does not stand to the tests prescribed by the hon'ble apex court in the aforesaid judgment for the acts complained of to be covered under section 306 i.p.c.from the material available on the record, it is evident that the deceased was highly hypersensitive to ordinary petulance discord differences and ..... in the transaction of sale. in order to prosecute a person for the offence of abetting suicide firstly it has to be shown that he acted in the manner described in section 107 of the i.p.c.section 107 i.p.c.reads as below: 107. abetment of a thing.- a person abets the doing of a thing, who - first- ..... said to aid the doing of that act. . admittedly, the petitioner neither incited nor provoked nor instigated the deceased to commit suicide. as a 6 matter of fact, no interaction whatsoever admittedly took place between the petitioner and the deceased. mere allegation of harassment even if true cannot attract the mischief of section 306/107 i.p.c.applying the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the record, it is clear that the marriage took place 20 years ago and thus there cannot be any presumption as enshrined under section 113a of the indian evidence act for framing charge under section 306 ipc. 25. considering the above legal position and material collected during investigation in this case, the revision petition filed by the ..... the suicide. it is also necessary to see that his act must fall in any of the three categories as enumerated under section 107 ipc. it is necessary to prove that the said accused instigated the person to commit suicide or engaged himself with ..... that conspiracy, and in order to the doing of that thing; or (thirdly)- intentionally aids, by any act or illegal omission, the doing of that thing." 13. thus, for framing a charge for the offence under section 306 ipc, the learned court below has to consider whether the abettor intentionally instigated or aided the commission of .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... situation, owing to such abolition. the said provision is superfluous.15. the aforesaid view that i take is also fortified by the nature of section 4 of the municipality act, 1994 which provides for conversion of village panchayat into a town panchayat or a municipal council, for conversion of a town panchayat into a municipal ..... appeal as having been rendered infructuous. 9. on 18.9.2009, the state government issued the impugned notification in exercise of the powers under section 3 of the rajasthan municipalities act, 2009 withdrawing the notification dated 6.10.2008 by which the gram panchayat napasar was declared as municipality (nagar palika) class-iv, giving rise ..... is impermissible. therefore, the application of the provisions of the section 21 will be repugnant to the context and situation governed by article 243q(2). in such situations, recourse to the general clauses act is not available (see t.m. kanniyan v. ito, air 1968 sc 637).19. therefore, a rural area after its transition .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... schemes. the high court held that: "... in this circumstances, the petitioners can very well invoke the principle of equitable and promissory estoppel against respondents under section 115 of the indian evidence act." c. pournami oil mills vs. state of kerala (1987) 65 stc 1: this case arose out of sales tax incentive given to small scale industries ..... the orders of slsc could not be revised by invoking revisional powers by principalsecretary under clause 13 of the rips 2003 which are akin to section 263 of the income tax act in view of settled legal position in this regard.viii) that 45% upfront subsidy givenunder the notificationdtd.2.12.2005 is not given in ..... principles of promissory estoppel which werefirst unequivocably propounded by the honble supreme court in the case of union of india v/s indo-afghan agencies reported in air 1968 sc 718, were further concretized and glorified in the celebrated judgment of honble justice p.n. bhagwati in the case of m/s motilal padampat sugar mill .....
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