Court : Rajasthan
Reported in : RLW2008(3)Raj2457
..... work, 'abettor' wherein explanations 2 and 3 are relevant. thus, the case has to be brought within the purview of one or the other explanation of section 107 or 108 ipc. the act of suicide is one of the modes of death and out of the four modes of death viz. 'natural, accidental, suicidal and homicidal', the last mode ..... law which existed on the day of the commission of the crime and would not govern the cases which come after incorporation of sections 113a and 113b of the indian evidence act.i have kept the consideration of these sections out of consideration because they were not on statute on the day, the offence was committed in this case. thus, the ..... apprehension of c.explanation 2. whoever, either prior to or at the time the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitate the commission thereof, is said to aid the doing of that act.7. section 108 of the ipc defines the abater as under:108 abettor - a person abets an offence, .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(3)Raj1632; 2004(2)WLC377
..... petitioners on january 17, 2001 for quashing the order dated may 1, 1997 of the chief judicial magistrate sawai madhopur whereby the cognizance under section 29(1)(a) of the insecticides act, 1968 was taken against the petitioners.(2). i have given my thoughtful consideration to the submissions advanced before me and scanned the case law placed ..... for my perusal.(3). a petition praying for the exercising of inherent powers is never barred by limitation and article 131 of the limitation act, 1963 does not ..... apply to such petition. but in my opinion the petitioner cannot be permitted to invoke inherent powers at his own sweet will. where the petitioner does not approach under section 482 cr.p.c. at the earliest possible opportunity, .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000WLC(Raj)UC533; 2000(2)WLN76
..... insecticide inspector inspected the shop of m/s todaraisingh, krya vikrya sahkari samiti and took the sample of insecticide known as dramet 20 e.c. chemical (chlorpyrifos) for analysis. the ..... . gupta, j.1. m/s cyanamid agro india limited and four others have invoked the jurisdiction of this court under section 482 cr. p.c. for quashing the proceedings pending against them in the court of judicial magistrate, todaraisingh under section 29(1)(a) of the insecticides act, 1968, (for short 'the act').2. the facts of the case are these. on 23.7.1992 the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1979WLN16
..... jain, j.1. lachhi ram and mohanlal have presented this application under section 482, cr.p.c., for quashing the proceedings against them under 18(2) 29 of the insecticides act, 1968 (46 of 1968)(hereinafter referred to as 'the act') on a complaint presented by harbans singh, insecticides inspector before the chief judicial magistrate, sri ganganagar.2. briefly, the ..... giving the consent should satisfy as to whether there is a prima facie case against the person to be proceeded' against. the expression 'prosecution' under section 31 of the act was considered in bijai lai's case cited by shri arora. in bijai lal's case chhangani, j., observed that the expression 'prosecution' reasonably ..... given by the authority for their prosecution. in my opinion, both of them cannot be proceeded against and prosecuted without the requisite consent under section 31 of the act, and i am unable to accept the contention of the learned public prosecutor that the consent in question should be taken to be a valid .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987CriLJ1086; 1987(1)WLN94
..... summoned by the chief judicial magistrate, banswara, on registration of the case against them, on complaint filed by the asstt. inspector, udaipur, agriculture quality control under insecticides act, 1968. petitioner 1 is the firm and petitioners 2 to 5 are its partners. the petitioner 6 is the chief executive and the petitioner 7 is the senior sales ..... kanoriya and in respect of the senior sales representative shri i.s. vedi, the complaint lacks requisite allegations. in the absence of the requisite allegations, as required under section 33, no cognizance could be taken and process could not be issued. in respect of these persons, therefore, in my opinion, the proceedings deserve to be quashed ..... law stand satisfied. on perusal of para 12 of the complaint, it would be obvious that the contents of this para lack the requisite requirements of section 33. it should have been clearly alleged that the persons, who are being prosecuted are the persons who are in charge of or are responsible to the .....
Tag this Judgment!Court : Rajasthan
Reported in : (1974)IILLJ328Raj; 1973()WLN686
..... incitment by the six workmen, even if proved, would not amount to misconduct within the meaning of clause (s) of sunning order 34 or punishable under section 27 of industrial disputes act.29, however, i will presently consider as to what the word 'incitment' signifies. in state of bihar v. ranen nath and ors. : air1958pat259 . ..... transport service used for the carriage of passengers or goods which was declared a public utility service under sub-clause (vi) of clause (n) of section 2 of the act. obviously the employees working as body-fitters, mechanic, helper & cleaner in the central workshop are not concerned directly with the transport service of the corporation ..... of the public utility service and since the strike in question was without notice, it violated section 22 of the act. he has referred to section 2(n) defining public utility service and the rajasthan rajpatras extraordinary dated 23-10-1968 and 23-6-69. according to him transport service (other than roadways) for the carriage .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2001)DMC251; 2000(3)WLC496; 2000(3)WLN330
..... the learned counsel for the appellant has submitted that the allegations of cruelty are completely false and there is absolutely no ground for grant of divorce under section 13 of the hindu marriage act. he has prayed that the appeal be allowed and thej udgment and decree of divorce granted by the district & sessions judge be set aside. on the ..... 14). hon'ble the supreme court also referred to the observations made by hon'ble mr. justice shetty, at page 127, wherein it was observed:-'sec. 13(1)(ia) of the hindu marriage act provides that the party has after solemnization of the marriage treated the petitioner with cruelty. what do these words mean? what should be the nature of ..... to the appellant-non-petitioner and on her refusal to do so, causing of harassment to her, in any manner amounts to cruelty mentioned in sec. 13(1)(ia) of the hindu marriage act.(25). it is also alleged by the respondent that when he went to the house where the appellant-non-petitioner was residing, the appellant's .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(1)WLN238
..... on their chemical and physical examination they show its presence. malathion is an insecticide of organo phosphates group. in any view of the matter, malathion technical cannot be said to be a denatured spirituous preparation as defined in section 3(3a) of the act.10. accordingly, the d.b. civil writ petition no. 2765 of 1983 ..... as is sought to be put by the respondents, it would also be preparations of all other ingredients or raw materials used in its manufacture. section 3(3a) of the act defines 'denatured spirituous preparations' as follows:(3a). 'denatured spirituous preparations' means any preparation of denatured spirit or alcohol and includes lacquers. french polish ..... government and its authorities do not render sufficient service. he lastly contended that malathion technical is not a denatured spirituous preparation as defined in section 3(3a) of the act.4. in reply, it has been contended by the learned counsel for the respondents that the permit fee is being charged as a part .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992CriLJ309; 1991(1)WLN44; 1991(2)WLN242
..... cri lj 1412, when the suicide by wife was within seven years of the marriage, the question arose about the presumption under section 113b of the evidence act. wife had committed suicide by consuming insecticide. during the course of investigation, it was not disclosed that the husband or any of his relations was oppressive or in any manner ..... public prosecutor is that there is no cogent convincing evidence to establish that veerpal kaur has consumed insecticide on account of any quarrel with her mother-in-law on the day of occurrence, the presumption under section 113b of the evidence act has rightly been drawn by the learned trial judge.34. the words 'it is shown' occurring ..... there was no quarrel between gurditta singh and his mother and veerpal kaur.28. in order to arrive at a conclusion as to whether presumption under section 113b of the evidence act has rightly been drawn in the case, it is necessary to discuss the defence version.29. it is not in dispute that appellant gurditta singh .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ3066; 1994(2)WLC69; 1994(1)WLN252
..... , 'abettor' wherein explanations 2 and 3 are relevant. thus, the case has to be brought within the purview of one or the other explanation of section 107 or 108 ipc. the act of suicide is one of the modes of death and out of the four modes of death viz., 'natural, accidental, suicidal and homicidal', the last ..... existed on the day of the commission of the crime and would not govern the cases which come after incorporation of sections 113a and 113b of the indian evidence act.i have kept the consideration of these sections out of consideration because they were not on statute on the day, the offence was committed in this case. thus, ..... punishment of abetment if person abetted does not act with a different intention from that of abettor. section 111, ipc, deals with liability of abettor when one act abetted is different from the act done. section 112, ipc, deals with the punishment when abettor is liable for the act abetted and for the act done. section 113, ipc, deals with liability of abettor .....
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