Court : Rajasthan
Reported in : 2005CriLJ4343; 2005(3)WLC1
..... of the juvenile, forward the juvenile to the board which shall pass orders in respect of that, juvenile in accordance with the provisions of this act as if it had been satisfied on inquiry under this act that a juvenile has committed the offence.6. as per sub-rule (2) of rule 62 of the jj rules all pending cases which ..... date of incident was above 18 years.4. having carefully scrutinised the submissions advanced before us and on analysing the material on record we find that the learned trial judge got conducted radiology test of the appellant on february 3, 2004 and as per medical certificate ex. a-2 the appellant on the date of medical examination was below ..... her and on the date of incident poured kerosene oil on her and set her ablaze. thereafter he showered bucket of water on her burning body. learned trial judge after considering the material on record convicted and sentenced the appellant as indicated above.3. during the pendency of the appeal an application came to be filed on behalf .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(2)Raj1297; 2004(2)WLC395
..... of the juvenile, forward the juvenile to the board which shall pass orders in respect of that juvenile in accordance with the provisions of this act as if it had been satisfied on inquiry under this act that a juvenile has committed the offence.6. as per sub-rule 2 of rule 62 of the juvenile justice (care and protection of children ..... the date of occurrence but from the intention of legislature as appeared from the preamble we hold that the age is to be seen on the date of occurrence. three judge bench of the hon'ble supreme court in umesh chandra v. state of rajasthan (1), propounded that crucial date to determine whether the accused is a juvenile or not, ..... incident. the high court in the said judgment observed that date of birth of appellant according to school certificate was february 26, 1980.4. the finding of learned trial judge has not been assailed by the learned counsel for the appellant on merits. the only contention of the learned counsel is that in view of section 2(k) of the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996CriLJ2015; 1996(1)WLC413
..... of the code finds mention in chapter xxiii, which contains section 272 to 299 and this chapter deals with the evidence in inquiries and trials. according to section 3 of the indian evidence act, 1872 (the evidence act). 'evidence' means and includes all statements which the court permits or requires to be made before it by witnesses, in ..... singh v. state' reported as 1979 cri lj 236, but, subsequently, the full bench of the allahabad high court had taken a contrary view. the learned judges, therefore, framed the following question and referred the matter to hon'ble the chief justice for constituting a larger bench for answering the same :-'whether the documents which ..... of the code of criminal procedure (the code) and, thereupon, the prosecution did not produce the doctor concerned as a witness in the court. the learned sessions judge, vide his judgment dated 23rd october, 1991, acquitted the appellant of the charge under section 120b ipc, but convicted him under section 302 ipc and, vide the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988(1)WLN232
..... applications under sections 438 and 439, cr. pc. obviously, as the situation exists both geographically and statistically sessions judges are unable and there is inability to act in those cases where the courts of additional sessions judges are located or are functioning. the reasons, apart from heavy work-load, long distances and other factors can ..... therefore no time to dispose of the application. it was contended before the high court that the order of the sessions judge was illegal in so far as the expression 'incapable of acting' included only physical incapacity due to illness or such other cause. the high court over ruled the contention by holding that ..... disposal of any urgent application, in the event of his absence or inability to act, by an additional or assistant sessions judge, or, if there be no additional or assistant sessions judge, by the chief judicial magistrate, and every such judge or magistrate, shall be deemed to have jurisdiction to deal with any such application.9 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1986(2)WLN419
..... the presence of the accused. a reading of para 6 of this judgment would suffice to notice that their lordships of the supreme court observed that the learned judge (high court judge) has come to the conclusion that the application for re-hearing of the appeal was not maintainable on the ground that no opportunity had been denied to ..... election matter where by the mistake of the high court and its office, the security was accepted in wrong head and the requirements imposed by the representation of people act were not complied with, therefore, the high court rejected the election appeal. the apex court did not approve of the high courts rejecting the appeal after accepting the ..... the charges levelled against the accused c. jacob korah, under section 161 ipc, and section 5(1)(d) read with section 5(2) of the prevention of corruption act. the sentences awarded above on each of the three counts shall be consecutive and not concurrent. but, so far as the sentences in default of payment of fine is .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(2)WLN336
..... have nots of society is well amplified in the following words:five-star hotel culture has contaminated the court halls where the poor are priced out and judges and lawyers sacrifice the social philosophy of economic justice and human rights for the masses at the later of lucobrated legality and onerous constitutionality. the machine ..... pledge of the preamble and the directive principles of the constitution to do justice social, political economical we have got section 70 under the indian contract act which even framed by the britishers protected unlawful enrichment and provided compensation by way of refund of the same. section 70 reads as under:70. ..... mutual mudslinging. in a federal polity with protected minorities and guarantee of equality, tune and temper of democracy depends, in important part, on a judiciary which acts as sentinel on the qui vive but does not efficiously intermeddle in metaheuristic matters. but that abstention must come from inner compulsion rather than by imposition of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1982WLN412
g.m. lodha, j.1. are we to act as 'dumb driven cattle' of english judges, unaware of indian social customs, ethics, morals, dictating from graves about the legal implications of hurling abuse and insult 'idio ' by a boss to his subordinate clerk if use ..... new dimensions and new horizons of law originating from indian constitution and its functioning for last 3 decades; whether have evaporated and vanished the old, obsolete, imperialist concept of english judges based on english law, who insisted on special injury and damages, in torts, based on defamatory abuses and insults, is the pivot of lively and enlightening debate in this ..... not followed in india except by the calcutta high court within the limits of its ordinary original jurisdiction.8. the most of the decision, extracted above, are of english judges who have followed english law, which applicable in the indian condition the facts and circustances of the present case, in which the defendant-appeallant who was officer and the plaintiff .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj13; 1972()WLN709
..... which we are not concerned. chapter xi is about what is described as dharmada. then chapter xii lays down the procedure and penalties. it provides that the inquiries under the act shall be deemed to be judicial proceedings within, the meaning of sections 193, 219 and 228 of the indian penal code. according to section 69, the ..... power to these authorities to determine the question regarding existence of the foundational facts. that being so. when the issue has been raised before the learned district judge, to my mind he will be competent to determine the ques-tion as to what is the valuation involved regarding shri laxmi narainii's temple at chittorgarh either ..... the enjoyment of the muafi land granted by the state. this decision was given on 17-7-1947.4. some issues were framed by the learned district judge after the defendants-appellants had filed their statements and certain additional issues were framed after the devasthan commissioner had filed the written statement. i may read the issues .....
Tag this Judgment!Court : Rajasthan
Reported in : (1972)IILLJ482Raj; 1972()WLN171
..... argument advanced by mr. bhargava to set aside the order of the payment of wages authority which has been upheld by the learned district judge.14. it is next urged that the authority has acted arbitrarily in awarding the compensation. the authority for this purpose has divided the employees into two categories, one getting wages more than rs. ..... the employer or other person responsible for the payment of wages under section 3, or give them an opportunity of being heard, and, after such further inquiry (if any) as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this ..... was advanced before me in executive engineer, city division, rajasthan state electricity board, jaipur and ors. v. authority under the payment of wages act, jaipur and ors. s.b. civil writ petition no. 1005 of 1968, decided on 7th october, 1970. in that case, after reproducing the meaning given to the word 'compensation' in webster's new international .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN236
..... was hatred under cl. (iii) of section 5 of the act. in the result, the learned judge decided issue no. 27 in favour of deft no. 2 having recorded an order disposing of issue no. 27 ..... act.' the learned judge was not impressed by the plaintiff's submission that the court may go into the question of the alleged (sic) and grave irregularities and illegalities allegedly committed by the defendant no. 3 in getting the defendant no. 2 appointed as professor and director of the commerce college because, the learned judge thought, such inquiry ..... the learned judge then thought of writing a separate judgment. he narrated the facts, reproduced all the issues and then .....
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