Court : Rajasthan
Reported in : 2012CrLJ2342
..... committed suicide. after a thorough investigation, the police submitted a charge-sheet against smt. nisha and dilip kumar morwani, respondent nos. 2 and 3, respectively for offence under section 306 ipc. however, after hearing both the sides, vide order dated 06.01.2011, the learned judge discharged smt. nisha and dilip kumar morwani, for the aforementioned ..... is clear that in order to convict a person under section 306 ipc there has to be a clear mens rea to commit the offence. it also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such ..... facilitate the commission of suicide. therefore, the act of abetment by the person charged with the said offence must be proved and established by the prosecution before he could be convicted under section 306 ipc. (emphasis added) 13. the moot point before this court is whether the conduct of smt. nisha and her father would tantamount to .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(3)WLC295; 2002WLC(Raj)UC676; 2002(4)WLN118
..... abatement there must be instigation which in common parlance would mean, 'to go' to urge forward or to provoke, incite or encourage to do an act. 15. for attraction of section 306 ipc, the court must be satisfied that the accused persons by their conduct created such an un-human situation or were subjecting the deceased to such ..... claimed trial. during trial, the prosecution in support of its case examined as many as 11 witnesses and got exhibited some documents. thereafter, statements of the accused persons under section 313 cr.p.c. were recorded. in defence, one witness was produced by the accused persons. after conclusion of trial, the learned addl. sessions judge no. 1 ..... the part of the accused appellant. from this point of view also, the conviction of the accused appellant for the offence under section 306 ipc cannot be sustained. (7) that remote nexus between the act of committing suicide and abatement is not sufficient to make out a case of abatement and from this point of view also, .....
Tag this Judgment!Court : Rajasthan
Reported in : 1975CriLJ923; 1974(7)WLN495
..... the confessional statement of one accused is concerned, it may be taken into consideration against the other accused if it fulfils the conditions laid down in section 30 of the evidence act. one of the conditions is that the confession must implicate tha maker substantially to the same extent as the other accused person against whom it is ..... because he clearlv exculpates himself and inculpates ummed mai. that being so, it does not fall within the ambit of the word 'confession' as envisaged bv section 30 of the indian evidence act and it is not relevant for consideration and must be excluded. i mav here add that in balbir singh v. state of punjab : 1957crilj481 their lordships ..... will have to obev him if he wanted tn remain in the service. bhanwarlal added that he did not know whv the resolution was inserted.7. section 30 of the indian evidence act lays down that 'when_ more persons than one are being tried iointlv for the same offence, and a confession anade by one of auch persons affecting .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC106; 2001(4)WLN322
..... reached before the authorities on the same date when the order was passed then the case ought to have been dealt with assigning reasons in what manner the sale of insecticides conducted by the petitioner's firm was not upto the mark so as to justify an order banning the sale of the articles.(3). in view of this situation, i ..... . the appellate authority thus did not apply his mind on the merits of the plea of the petitioner and hence, did not adjudicate on the question as to whether the insecticides sold by the petitioner-firm followed the technical norms and whether they were fit to be used. the petilioner being aggrieved with the order of the appellate authority, passed by ..... the state of rajasthan on the ground that the product of the petitioner-firm is not properly branded and the compound used in the insecticides is not as per the norms fixed by the department of agriculture-government of rajasthan. this order was passed after a show cause notice was served on the petitioner, who .....
Tag this Judgment!Court : Rajasthan
Reported in : 1991(2)WLC564; 1991(1)WLN270
..... indian law reports calcutta series p. 171 a full bench decision of the calcutta high court. the judgments which are not interpartes are also relevant under section 11 of the evidence act as per a s.b. decision of the himachal pradesh rendered in collector bilaspur v. lachhman and ors. . if inspite-of this recognition, the ..... respect, our attention was also drawn to the provisional seniority list published of the temporary engineering subordinate (electrical) which is enclosed with annex. 1 dated 27th may 1968 wherein it has been written against shri j.k. soni that he is a matriculate with electrical supervisor's course from govt. polytechnic, dehradun and as against shri ..... not passed the departmental examination and secondly because he has been allotted the year 1975 for promotion as a. en. whereas he should have been alloted the year 1968 or 1969 whenever regular vacancy for the post of a. en. was available. alternatively, it was claimed that the petitioner is entitted to be allotted the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1991(2)WLC507; 1991(1)WLN12
..... of the supreme court where educational qualifications have been recognized as forming a valid basis for classification.27. in state of mysore v. narasing rao air 1968 sc-345, it was hold by their lordships of the supreme court that higher educational qualifications such as success in s.s.l.c. examination are ..... learned counsel appearing for the respondents has drawn our attention to a decision of their lordships of the supreme court in state of mysore's case air 1968 sc 345, where in it was held that the classification of two grades of tracers on for matriculate tracers with a higher pay scale and the other ..... on the part of the respondents is discriminatory and arbitrary.7. it was further submitted that the respondent board in exercise of its powers conferred by electricity (supply) act, 1948 framed the. regulations. these regulations provided for qualifications for assistant engineer (electrical) including assistant controller of stores. according to the regulations, the post of assistant .....
Tag this Judgment!Court : Rajasthan
Reported in : 1986(2)WLN111
..... . the case of the revenue was that the assessing authority was right in holding that the sales-tax was leviable on implied sale of bardana in accordance with section 5(4) of the act and the notification no. f. 5 (56) fd/(ct)67-5 dated 29th may, 1967. on the other hand, the contention of the learned counsel for the ..... (1961) 12 stc 313, niman cotton press factory v. commissioners of sales tax, m.p. 1969 21 stc 505 and vimal chand prakash chand v. commissioner of sales tax 1968 22 stc 22, which were decided by the madhya pradesh high court. but all were dissented from, while holding that the packing materials are an integral part of the pressing ..... 12th may, 1967, passed by the cto, the assessee went in appeal before the deputy commissioner (appeals), jaipur. the appeal of the assessee was allowed vide order dated 30th july, 1968 setting aside the levy of tax imposed on gunny-bags sold with the oilcakes and the edible oil both sold in the course of inter-state trade and commerce. against .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(1)WLC433; 2001(1)WLN226
..... power of attorney is produced merely for authentication in which case, the only requirements that have to be complied with are those set out in section 33. thus, section 32 of the act would apply only if a power of attorney, is presented for registration and not when it is produced merely for authentication. the basic principle ..... to the ceiling of five percent specified in section 3 itself, in such a situations it cannot be held that the power conferred upon the state government to specify the rate of tax is unguided. in municipal corporation of delhi v. birla cotton spinning & weaving mills, delhi and anr. : [1968]3scr251 , it was held that where the ..... in furtherance of any transaction itself to be opposed to the public policy which results in affecting transactions is beyond the scope of the registration act itself. section 22-a of the act only authorities to declare registration of any document to be opposed to the public policy and not the document or the transaction evidence from .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(1)WLN716
..... that no illegality had been committed by the rta in adopting the course of granting permits after the determination of the scope under section 47(3) of the act without inviting applications under section 57 of the act. it was also observed that issuance of notification inviting applications and consideration of the pending applications along with the applications received, ..... is dependent on existing limits.28. the facts of that case were that the application for permit published on june 29, 1968 prior to the revision of scope under section 47(3) on january 28, 1968 came up for consideration on june 24, 1969 but was decided with reference to the previous fixation of scope as existed on ..... june 29, 1968.29. the principle enunciated in the above referred case was relied on by the division bench of this court .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(4)WLC41; 2000(3)WLN650
..... the nature of the impugned order giving rise to a cause of action. the notification dated february 8, 1984 issued by the state govt. under section 52(1) of the act became effective the moment it was published in the official gazette as thereupon the notified land became vested in the state govt. free from all encumbrances. ..... the acquisition of their lands situate at jaipur and wanted to challenge the validity of the notification issued by the state government of rajasthan under section 52(1) of the act by a petition under article 226 of the constitution, the remedy of the respondents for the grant of such relief had to be sought by ..... to entertain and decide the writ petition. the court finding that the orders in question namely the principal appraiser of customs, bombay dated january 30, 1968, appellate collector of customs dated april 4, 1968 and the commissioner (revision applications) govt. of india dated nov. 28, 1959 had all been addressed to the petitioner at pipalia kalan (rajasthan) .....
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