Judgment Search Results Home > Cases Phrase: insecticides act 1968 section 6 other committees Sorted by: recent Court: rajasthan Page 1 of about 7,638 results (0.250 seconds)

Suresh Kumar Vs. State of Rajasthan and Another

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 .....

Ratna Ram Vs. State and anr

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 .....

Vijay Kumar Rastogi Vs. the State of Rajasthan and Others

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 .....

Jetha Ram and Another Vs. the State of Rajasthan and Another

Court : Rajasthan

Reported in : 2012CrLJ2459

..... in any way, instigated or aided or provoked her wife to commit suicide and hence the conviction under section 306, ipc is not sustainable. 24. the learned pp has placed reliance on the provisions of section 113a of the indian evidence act, which reads as under:- 113a. presumption as to abetment of suicide by a married woman.- when the ..... by such relative of her husband. explanation.- for the purpose of this section, cruelty shall have the same meaning as in section 498a of the indian penal code (45 of 1860) 25. to base a conviction on the strength of section 113a of the indian evidence act, it is necessary that it should be shown that the woman has committed ..... evidence of instigation or intentionally aiding as provided under three clauses of section 107. 19. in the light of above, considering the prosecution evidence of the present case, pw-1 to pw-4 have nothing said about the instigation or intentionally aiding of any particular act. 20. the only contention of pw-4 parma ram is that .....

Sanjay Bhandari Vs. State of Rajasthan

Court : Rajasthan

Reported in : RLW2009(2)Raj1460; 2009(1)WLN116

..... cognizance against the petitioner. hence this misc. petition.4. in criminal misc. petition no. 41/2008, a complaint under section 29(1) of the insecticides act, 1968 was filed by the assistant director of agriculture (extension) & insecticides inspector, hanumangarh junction, on 17.3.2006 alleging therein that the insecticide product imidachloprid 17.8% sl batch no. 2003-j-01 was misbranded. the sample of the aforesaid ..... insecticide was drawn and sent to the laboratory, which was found to be misbranded. the learned judicial magistrate, pilibanga, distt. hanumangarh .....

Payal Sancheti (Smt.) and anr. Vs. Harshvardhan Sancheti

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 .....

Dipendra Mishra Vs. State of Rajasthan

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, .....

Nikson Pharmaceuticals and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : RLW2008(3)Raj2498

..... in : 2000crilj2962 . according to learned counsel for the petitioner the language used in section 24 of the insecticides act, 1968 (hereinafter referred to as the act of 1968) is pari-materia rather say verbatim same to section 25 of the act of 1940 and in view of the above judgment this petition filed under section 482 cr.p.c. deserves to be allowed as the said judgment of the ..... request for sending the sample for testing to the central laboratory as could have been done under sub-section (3) and (4) of section 24 of the insecticides act of 1968 and in the case under the drugs and cosmetics act of 1940, sub-section (3) and (4) of section 25. as happened in the case of unique farmaid (p) ltd., (supra) in the present case also, by .....

Hodal Singh and Kashi Ram Bhadu Vs. State of Rajasthan

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 .....

Cynamid Agro India Ltd. and 10 ors. Vs. State and ors.

Court : Rajasthan

Reported in : RLW2008(1)Raj614

..... by common judgment, because grounds of challenge to orders taking cognizance of offence punishable under section 29(1) of insecticides act, 1968 ('the act') and issuing process against petitioners are one and the same.2. cr. misc. petition 312/2001 under section 482 cr.p.c. is directed against order dt. 5.9.95 taking cognizance of ..... offence under section 29 of the act and summoning petitioners in cr. case no. 217/95 pending before addl. ..... and petitioner no. 1 m/s. searle india ltd. ('company'), engaged in manufacturing pesticides.9. on 28.9.1994, in exercise of power under section 21(1) of the act, insecticide inspector (plant protection), inspected m/s. om agro agencies, bhankrota jaipur which is licensed retailer of petitioner-co., and took sample of fenwal 20ec (fenvalerate .....