Court : Rajasthan
Reported in : RLW2009(1)Raj322
..... and, though revocable in the life time, is, until revocation a continuous act of gift up to the moment of death and does then operate to give the property disposed of to the persons designated as beneficiaries, the learned single judge of this court way back in the year 1968 in the case of smt. ladhi bai v. thakur shriji and ors. ..... reported in held that this is purely a question of fact whether the attesting witnesses had signed the will in the presence of the testator. section 63 of the indian succession act simply lays down that ..... would not be of any avail to the opposite party.44. dealing with the expression 'his property' in section 2(h) and section 59 of the indian succession act, the learned single judge of gauhati high court in the case of guneshwar chutia v. haren chutia reported in air 1974 gau 73 held that the expression 'his property' in section 2 .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj28
..... counsel for the parties. this appeal is against the judgment and order of conviction and sentence dated 5.2.2005 passed by the court of learned additional sessions judge (fast track) no. 1, pali headquarter jaitaran in sessions case no. 98/2004 whereby the appellant chetan lal has been convicted for offence under section 302 ..... 30 and report about the place where the knife was recovered ex.p/31 was prepared. the information given by the accused under section 27 of the evidence act were recorded before effecting the recoveries. the articles were sent for chemical examination to the forensic science laboratory from where the fsl reports were obtained. after completion ..... court considered other circumstance against the appellant that the appellant's pant and shirt were recovered in pursuance of the information given under section 27 of the evidence act (recovery memo ex.p/25) and the pant and shirt of the appellant had blood stains over them. appellant chetan was wearing pant and shirt at the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009CriLJ1568
..... sheet was filed. in due course the case came up for trial before the court of learned additional sessions judge (fast track) no. 1 bharatpur. charges under sections 452, 302, 302/34 ipc and 3/25 arms act were framed. the appellants denied the charges and claimed trial. the prosecution in support of its case examined as ..... many as 24 witnesses. in the explanation under section 313 crpc, the appellants claimed innocence. three witnesses in support of defence were examined. learned trial judge on hearing final submissions convicted and ..... relatives were not independent witness speaking through vivian bose j., the court observed para 25 of : [1954]1scr145 :we are unable to agree with the learned judges of the high court that the testimony of the two eye witnesses requires corroboration. if the foundation for such an observation is based on the fact that the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj404
..... of the workman were terminated in violation of provisions of section 25-f of the act. even then, the workman has proved by oral and documentary evidence, that he was not taken on duty after expiry of sanctioned leave. learned single judge found, that this writ petition was second one inasmuch as earlier writ petition was decided ..... such prayer, in lieu of his reinstatement, but the workman declined, on the ground of his having become overage. examining the case on merits, the learned single judge found, that due to illness the respondent gave application for leave, which was duly sanctioned, the workman was not daily rated employee, but was a regular employee, ..... award of reinstatement should not, however, be automatically passed.23. of course, all the above judgments are judgments rendered by the bench presided by two hon'ble judges, but then, they are consistent judgments of the hon'ble supreme court, and this court cannot altogether shut its eyes towards those judgments as well. it is .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(3)Raj2286
..... as in an appeal against an order of conviction, yet as a rule of prudence, it should always give proper weight and consideration to the views of the trial judge as to the credibility of the witnesses; the presumption of 45 innocence in favour of the accused, right of the accused to the benefit of any doubt and thus, ..... section 307, 324, 324/34 and 326/34 against accused-respondents hansram, omprakash and amarlal and against accused-respondent nandlal for the offence under section 3/27 of arms act.6. the same was read over and explained to the accused-respondents who denied for the same and claimed trial.7. during trial the prosecution in support of its ..... said report the police registered the case no. 27/2002 in police station baran for the offences under section 307, 323 and 34 ipc and section 27 of the arms act and started investigation.4. after investigation the police filed a challan against the accused-respondents for the offences under section 307, 326, 324, 323/34 ipc before the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009CriLJ748
..... the purpose aforesaid.(3) any person attending the court although not under arrest or upon a summons, may be detained by such court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.(4) where the court proceeds against any person under sub-section (1) then-(a) ..... these are the pivotal questions springing up for consideration in the instant appeals, which have been preferred against the judgment dated december 13, 2004 of the learned additional sessions judge (fast track) no.3 bharatpur camp bayana by pintoo @ kamal kishore, susya @ lokesh and kalua @ koshal kishore, who were convicted and sentenced as under:susya @ ..... appearance of susya and kalua learned trial court amended the charges on november 22, 2003 and charges under sections 302 in the alternative 302/149 and 3/25 arms act were framed against pintoo @ kamal kishore whereas dinesh chand, satish chand, susya @ lokesh, and kalua @ koshal kishore were charged under sections 148, 302 in the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(3)Raj2353
..... the facts and circumstances of the case.11. it is pertinent to note that in pota and tada act an inquiry is conducted before filing a challan in the court. section 67 of the act 1985 also envisages an inquiry to be made by the officer authorised by the central government or the state government as the case may ..... gave any statement to police. he has been falsely implicated. on completion of trial, the special judge, n.d.p.s. act cases, kota did not find him guilty in the offence under section 8 read with section 29 of act of 1985 and thus acquitted as indicated hereinabove.4. heard the submissions advanced by the learned public ..... dated 31st january, 1997 whereby, the special judge, n.d.p.s. act cases, kota (additional sessions judge, no. 2, kota) has acquitted the accused-respondent narendra s/o. salig ram in the offence under section 8 read with section 29 of narcotic drugs & psychotropic substances act, 1985 (hereinafter referred to as 'act 1985').2. the prosecution story succinctly runs .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj140
..... of the proviso is satisfied.interlocutory orders, passed by the courts subordinate to the high court against which remedy of revision has been excluded by the cpc amendment act 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari ad supervisory jurisdiction of the high court under articles 226 and ..... be put on such filing of the writ petitions. more often than not, if against dismissal of writ petitions by single judge, division bench intra court appeals are also filed taking time of three judges of high courts. it is indeed necessary and expedient now to lay down guidelines and strict parameters within which jurisdiction under ..... proceedings. the exercise of revisional jurisdiction in such a case is taken away by the substitution of the proviso to section 115(1) cpc by said amendment act 46 of 1999.the amendment is based on the malimath committees recommendations. the committee was of the opinion that the expression employed in section 115 cpc, which .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(4)Raj3670
..... 34/1990) wherein the accused persons, members of the complainant party in the present case, were convicted by the same court i.e. court of learned additional sessions judge, ratangarh (churu) by judgment and order dated 15.11.2000. the appeal against cross case being sb. criminal appeal no. 682/2000 is also being decided today ..... were also obtained and statements of witnesses were recorded under section 161 crpc. the accused were arrested and they gave information under section 27 of the evidence act, on the basis of which the weapons of offence were recovered. copy of order appointing commissioner was also obtained and thereafter challan was filed against 27 accused ..... that it was a case of free fight and, therefore, even if anyone could have been convicted, then that person alone could have been convicted for the act which he committed personally and individually. in the present case, firstly, the appellants are entitled to be acquitted as they have exercised their right of private defence .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(4)Raj3651
..... (91/1989) wherein the accused persons, members of the complainant party in the present case, were convicted by the same court i.e. court of learned additional sessions judge, ratangarh (churu) by judgment and order dated 15.11.2000. the appeal against cross case being d.b. criminal appeal no. 679/2000 is also being decided ..... any other person, against any offence affecting the human body; and secondly, the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass ..... . section 99 ipc says about the acts against which there is no right of private defence available to a person and under section 99 ipc itself, it is provided that upto what extent the sb criminal .....
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