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
..... justify the denial of admission to women in undergraduate course in discipline of mining engineering on the ground of alleged prohibition by virtue of provisions of section 46 of the mines act, does not stand to reason. obviously, the admission to the post graduate course can be granted to the female candidates only if they possess the ..... the only reason assigned by the respondents justifying the denial of admission to the female candidates in mining branch of engineering is that the provisions of section 46 of the mines act, prohibits the employment of women in any part of a mine which is below the ground and since, the curriculum part in the mining ..... admission in the mining branch looking to her merit position. 9. the respondent college in its reply to the writ petition has taken the stand that section 46 of the mines act, 1952, prohibits employment of women in mining operation and therefore, when job oriented education does not provide for any job after obtaining degree in stream .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... child of same sex irrespective of the number of living biological sons and daughters; or (c) to childless couples. 11. a bare reading of sub-section (6) of section 41 of the act of 2000 makes it crystal clear that a person is competent to adopt a child irrespective of marital status and also child of same sex irrespective of ..... is a special enactment dealing with children in conflict with law and children in need of care and protection. 15. as observed herein above, sub-section (6) of section 41 of the act of 2000 empowers the court to allow appellant/parents to adopt a child of same sex irrespective of the number of living biological sons or daughters, ..... department having her posting at udaipur. she made endeavour to adopt minor girl priti, and for that purpose she invoked provisions of section 9(4) and (5) of the act of 1956 read with section 41 of the act of 2000 by submitting a joint application before the learned court below. this effort was made by the appellant seeking declaration for .....
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..... dismissal from service was passed against him on 21.2.2012. against this order, a pre-confirmation appeal was filed by the present petitioner as per section 117(1) of the border security force act, 1968. while the said appeal was still pending, the said authority, namely, the director general, hq, bsf, new delhi passed a revisional order on ..... back to the respondent no.2 the director general, head quarter, bsf, new delhi.3. the charges levelled against the petitioner were as under: first charge bsf act, 1968 u/s46committing a civil offence that is to say criminal misconduct for having been, as a public servant, in possession of pecuniary resources disproportioinate to his known sources ..... 28.1.2014 in exercise of his powers under section 113 of the said act of 1968 and directed fresh court martial to be held for the charges no.1 to 3 in which the present petitioner was earlier acquitted on 21.2.2012 .....
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..... 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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..... vinod gupta belonging to general category. while the matter rested at that, according to the petitioners, one swaroop singh sought information under the right to information act, 2005 (for short, hereinafter referred to as the act) seeking to be acquainted with the number of vacancies left unfilled and the steps contemplated by the concerned authorities to fill up the same. by a .....
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..... vinod gupta belonging to general category. while the matter rested at that, according to the petitioners, one swaroop singh sought information under the right to information act, 2005 (for short, hereinafter referred to as the act) seeking to be acquainted with the number of vacancies left unfilled and the steps contemplated by the concerned authorities to fill up the same. by a .....
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..... that conducting enquiry against an employee was optional and the government had power to dismiss its servants at pleasure. the said provi- [30] sion was incorporated under section 25 of the act during the era of east india company. after the assumption of the government of india by the crown, this rule of english common law contin- ued unaltered ..... dated 8th of january 2007, the petitioner has averred in the writ petition that in criminal appeal no.15 of 2006, the benefit of probation under section 4 of the probation of offenders act was extended by him to the accused-appellant in exer- cise of his bonafide judicial discretion and there was no ill-motive on his part. ..... till 1919 when section 96-b was in- troduced by the amendment of government of in- dia act of that year. sub-sec.(1) of section 96-b of the government of india act 1919 reads as un- der: subject to the provisions of this act and of rules made thereunder, every person in the .....
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..... for which it was established. the argument of the learned counsel for the petitioner about violation of principles of natural justice and proviso to sub-sec.(2) of section 67 of the act of 1995 though required judicial scrutiny at the threshold before expiry of one year, but now in the changed scenario when the term of ..... of this court as no other remedy is available to the petitioner. challenging the impugned order, mr.siddiqui would contend that proviso to sub-section(2) of section 67 of the act of 1995 clearly envisage that supercession of management of the committee can be ordered by the board after issuing notice and assigning reasons for the ..... the same has been issued in contravention of statutory provisions of law. for substantiating the grievances, the petitioner has also taken shelter of sub-sec. [3].(2) of section 67 of the act of 1995. it is specifically pleaded in the writ petition that although petitioner has assailed the said order before the rajasthan wakf tribunal (for .....
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