Court : Rajasthan
Reported in : 1986CriLJ1811; 1986(1)WLN11
..... act. in that case, an argument was advanced that the consent in question should be ..... a case of lachhi ram laxmi naraih v. inspector insecticides sri ganganagar, 1979 cri lr 73 : 1980 cri lj noc 93 (raj). that was a case under the insecticides act, wherein the provision relating to the consent was analogous to section 20. in that statute, the provision was made under section 31 and section 33 of that act, parallel to section 17 of the prevention of food adulteration .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(4)WLC491; 2000(3)WLN520
..... is homicidal death, which is completely missing in the instant case. the code does not provide constructive liability as provided under section 114 ipc i.e. 'he shall be deemed to have committed such act or offence'. the perverse approach of the learned judge led the accused respondent ambalal to face trial for abetting the commission of ..... that he has not died. the reasoning given by the learned judge is totally misplaced and perverse. he has acted in a hasty and casual manner.(5). chapter v ipc deals with the offence of abetment. section 107 ipc defines abetment, which means intentionally aiding an actual complicity, which precedes the actual commission of offence by ..... offence of capital punishment. we fail to understand in absence of charge u/sec. 115 ipc, what made the learned public prosecutor to .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(3)WLC386; 1993WLN(UC)442
..... intended to be used for or in the maintenance of public health, or the prevention or control of any epidemic disease among human beings or animals,(iv) insecticides, germicides, fungicides, weedicides and all other substances intended to be used for the protection or preservation of plants;(v) all chemical substances which are ordinarily used ..... fall under the last entry (residuary) (7%) of the notification no. f5(16) f.d.c.t/69-7 dated march 9, 1976, issued under section 5 of the act.2. at the time of admission of the revision petition, the following question of law was formulated:whether the tribunal was justified in holding that the 'jaljira' ..... formulae described in, the authoritative books of ayurvedic, siddha and unani tibb systems of medicine, specified in the first schedule.this act does not define 'medicine'. it is defined in patents act, 1970. section 2(1), patents act runs as under:1. 'medicine or drug' includes:(i) all medicines for internal or external use of human beings or .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj431
..... stayed with her husband for some time in those houses in the past. such a view would lead to chaps and would be absurd.28. as regards section 17(1) of the act, in our opinion the wife is only entitled to claim a right to residence in a shared household, and a 'shared household' would only mean the ..... the defendant be restrained from alienating the house in any manner.5. on service, the defendant filed an application, alleging that in view of the provisions of section 7 of the family court act, the present suit for injunction is not maintainable, and that, the plaintiff, on these very allegations, has already filed application before the judicial magistrate, therefore, ..... present purpose are, that the plaintiff-appellants filed a suit on 1.5.2007 in the family court, jodhpur for permanent injunction, purporting to be one under section 7 of the family court act. the allegations in the plaint are, that the parties were married on 17.12.1998, the plaintiff no. 2 was born out of the wedlock 7 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988(2)WLN641
..... . before i discuss the facts and law in this case i may make it clear that the incident had taken place prior to bringing into provisions of section 113a of the indian evidence act which is regarding presumption as to manner of suicide by a married woman and therefore the case has to be decided on the law then existing where no ..... the word 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 i.p.c. 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 section 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 offence was committed in this case. thus, the evidence will .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(2)Raj1308
..... in view of our earlier discussion.36. accordingly, accused hodal singh also deserves to be acquitted from the charge relating to commission of an offence as per section 12 of the act of 1988.37. in view of whatever discussed above, these appeals deserve acceptance and, therefore, the same are allowed. the judgment impugned dated 25.11. ..... .c. shukla and ors. : 1998crilj1905 , hon'ble supreme court while dealing with the issue relating to abetment on absolving main accused from the offence under section 7 of the act of 1988, held as under:50. undoubtedly for a person to be guilty thereunder it is not necessary that the offences mentioned therein should have been committed ..... the gratification takes it by inducing a belief that he would render assistance to the giver and the giver gives the gratification under that belief.30. section 20 of the act of 1988 provides the presumption of law as per which it is obligatory for the court to make certain presumptions against the accused. when it is .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj297; 1968CriLJ1449
..... allegation, or the accusation, or the charge has been made by the local authority. the prosecution having not been instituted 'by' the local authority under sub-section (1) of section 20 of the act, the local authority can not be deemed to be the complainant in the case. that being so. it will be that other person who shall be the ..... varanasi v. prem prakash jauhar air 1966 all 504.4. before examining the case law, it would be proper to take note of the provisions of sub-section (1) of section 20 of the act. shorn of the proviso which is not relevant for purposes of this case, it reads as follows--'20. cognizance and trial of offences. (1) no prosecution ..... air 1964 all 497, the inspector had filed the complaint after obtaining the consent of the medical officer who was authorised to consent within the meaning of section 20 of the act. the accused was acquitted and the medical officer applied for special leave to appeal. it was held that the appeal was not maintainable for the reason that .....
Tag this Judgment!Court : Rajasthan
Reported in : (1973)ILLJ538Raj; 1972()WLN548
..... of the inquiry committee, which were accepted by the works manager, were prima fade correct and justified on the evidence, the tribunal had no reason to interfere under section 33 of the act... ... ....all that the tribunal has to see is whether the findings arrived at are prima facie reasonable or baseless and perverse. if they appear to be obviously ..... ., lid. and anr. v. their workmen 1958- i l.lj. 260 : a.i r. 1958 s.c. 130, apply to all cases covered by section 33(2)(b) of the industrial disputes act. he argued that in the case before us there was want of good faith and victimisation and unfair labour practice and it was on these three grounds ..... has reason to believe that the management is guilty of victimisation or has been guilty of unfair labour practice or is acting mala fide. to illustrate the scope of the labour court under section 33(2)(b) of the industrial disputes act, the learned counsel relied on a number of decisions, namely, (1) new victoria mills company ltd. kanpur v. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(1)Raj486; 2005(1)WLC52
..... mg/l, which is 21 times higher than the eec limit for individual pesticides. lindane is the most toxic of all the isomers of hch and has powerful insecticidal properties and is used for the control of insects of field crops and pests in houses.ddt (dichlorodiphenyltrichloroethane) was detected in 81% of the samples analysed. the ..... presence of pesticide residues in carbonated water strictly in respect of the 36 samples of 12 brand names analyzed by them. the committee also appreciate the whistle blowing act of cse in alerting the nation to an issue with major implications to food safety, policy formulation, regulation framework and human and environmental health.'9. thus, ..... increase and early appearance of liver tumors in both sexes (turosov vseta; 1973).mixute of 4 organochlorines (op'ddt, pp' dde 1-bhc and pp' ddt) acted together to produce proliferative effects in mcf-7 human breast cancer cells and the combined effect was additive (gertrudis c et a 2001). a study suggests that exposure .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ2193
..... at the ashram or to have his boarding and lodging and when the deceased insisted upon making entreaties before the petitioner, the latter secretly administered him lemon-squash with insecticide poison resulting in death of the deceased. besides though there is no documentary evidence but on the, basis of statements of narsingh, laxmi narain, rameshwar, nitya nand ..... 6-7-1996 while the complainant as well as chetanpuri were at jodhpur and even chetanpuri appeared before the police to depose against one panna lal being proceeded under section 107, cr.p.c. by the police of mandore police station and he did not divulge this information to any police officer. accordingly, on the basis of ..... on record, though, at present, warrant no observation or finding as regards to commission of murder of the deceased or the same being a result of suicidal act on the part of the deceased himself or, though it is not so alleged by the prosecution or complainant side from any quarter for commission of suicide by .....
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