Court : Rajasthan Jodhpur
..... sent a report suggestive that the incident occurred for the malfunctioning of a stove. the learned trial court has rightly observed that this witness had not made any inquiry from the police personnel or from the victim. any report made by him for newspaper was not having even a remote bearing on the merit consideration of the case ..... per dinesh maheshwari,j.) this appeal is directed against the judgment and order dated 25.07.2006 as passed in sessions case no.41/2005 whereby the additional sessions judge (fast track).sirohi has convicted the accused-appellant shantilal for the offences under sections 302 and 498a ipc. the trial court has sentenced the accused-appellant for life ..... hiraman versus state of maharashtra: (2013) 12 scc586 the hon'ble supreme court has held,- thus as can be seen, by enacting section 32 (1) in the evidence act, the legislature has accorded a special sanctity to the statement made by a dying person as to the cause of his own death. this is by virtue of the solemn .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... took the plea regarding return of the articles mortgaged and the fact that a receipt in this regard was executed by the plaintiff way-back in the year 1968. it also appears that no objection in terms of provisions of order xxii, rule 4(2) cpc regarding the defence being not appropriate to the character as ..... after hearing the parties, the firs.appellate court found that the averments made in the application were baseless and rejected the application filed under section 5 of the limitation act. despite rejecting the application seeking condonation of delay, the firs.appellate court examined the issue raised, on merits and found no substance and consequently, dismissed the appeal. ..... section 100 cpc is directed against the judgment and decree dated 1.8.2005 passed by the additional district and sessions judge no.3, jodhpur, whereby the judgment and decree dated 10.5.2001 passed by the additional civil judge (jr.div.) no.5, jodhpur has been upheld. the facts in brief may be noticed thus : the .....
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..... following various precedents of the apex court and english decisions, the court held as under: 28. .......31. in the land mark decision delivered on 11.03.1968, the three judges bench of hon'ble supreme court in the case of m.k. mohammed kunhi (supra), in unanimous opinion authored by grover, j, dealing with words as ..... jurisdiction. this is particularly so when section 220 (6) deals expressly with a situation when an appeal is pending before the appellate assistant commissioner, but the act is silent in that behalf when an appeal is pending before the appellate tribunal. it could well be said that when section 254 confers appellate jurisdiction, it ..... servants and constitutional functionaries. in the case of a government servant/or functionary who cannot under the conditions of his service/or office, by his own unilateral act of tendering resignation, give up his service/or office, normally, the tender of resignation becomes effective and his service/or office-tenure terminated, when it is .....
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..... superior or inferior. it can be challenged in any court even in collateral proceedings. . 14. in indian bank v. satyam fibres (india) (p) ltd.another two-judge bench, after making reference to a number of earlier decisions rendered by different high courts in india, stated the legal position 6 thus : (scc p.563, para23) ..... parties, matter is heard finally at this stage. the petitioner-insurance company has laid this writ petition imploring annulment of order dated 27th april, 2012 passed by the judge, motor accident claims tribunal, shahpura (for short, 'the learned tribunal') in case 2 no.268/2010, whereby the application of the petitioner- insurance company, for ..... following observations in para 13 & 14 of the verdict :- 13. in s.p.chengalvaraya naidu v. jagannath the two-judge bench of this court held : (scc p. 2, para1) 'fraud avoids all judicial acts, ecclesiastical or temporal' observed chief justice edward coke of england about three centuries ago. it is the settled proposition of law .....
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..... and directed handing over vacant possession within a period of three months from the date of decree. feeling aggrieved, the appellant filed firs.appeal before the district judge, churu, who after hearing the parties, by the impugned judgment and decree upheld the finding of subletting recorded by the trial court and dismissed the appeal ..... the suit. from the document exhibit-d/8 a registration issued under the rajasthan shops and commercial establishment act, 1958 ('the act of 1958').it is apparent that murari lal was operating the shop since the year 1968 and the registration/licence was renewed till the year 1985; the plaintiff produced counter foils of receipts of ..... court: this second appeal under section 100 cpc is directed against judgment and decree dated 16.05.2013 passed by district judge, churu, whereby, the judgment and decree dated 13.08.2004 passed by civil judge (senior division).churu has been affirmed and the appeal filed by the appellant has been dismissed. the facts in brief .....
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..... of the investigation a police report was filed before the competent court and the case was committed to the court of learned special judge, scheduled caste/scheduled tribes (prevention of atrocities) act cases, sriganganagar. the court after hearing the accused framed charges against him for commission of the offences punishable under sections 363, 364 ..... awarded death sentence in addition to the sentence of imprisonment for the offences other than section 302 indian penal code by learned special judge, scheduled caste/scheduled tribes (prevention of atrocities) act cases, sriganganagar under the judgment dated 7th march, 2013. the special reasons given by the trial court for recording death sentence are ..... state of rajasthan (2) d.b.criminal jail appeal no.293/2013 against the judgment dated 7th march, 2013 passed by special judge, scheduled caste/ scheduled tribes (prevention of atrocities) act cases, sriganganagar, in sessions case no.53/2012. date of judgment ::9. h april, 2014 p r e s e n .....
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..... of the investigation a police report was filed before the competent court and the case was committed to the court of learned special judge, scheduled caste/scheduled tribes (prevention of atrocities) act cases, sriganganagar. the court after hearing the accused framed charges against him for commission of the offences punishable under sections 363, 364 ..... awarded death sentence in addition to the sentence of imprisonment for the offences other than section 302 indian penal code by learned special judge, scheduled caste/scheduled tribes (prevention of atrocities) act cases, sriganganagar under the judgment dated 7th march, 2013. the special reasons given by the trial court for recording death sentence are ..... state of rajasthan (2) d.b.criminal jail appeal no.293/2013 against the judgment dated 7th march, 2013 passed by special judge, scheduled caste/ scheduled tribes (prevention of atrocities) act cases, sriganganagar, in sessions case no.53/2012. date of judgment ::9. h april, 2014 p r e s e n .....
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..... the appellants, who are related with the commercial tax department, the entire story of seizure has been cooked up by the writ-petitioner just to prolong the inquiry and to pressurize the authorities of the department, who had taken up anti-evasion proceedings against him. this appeal against the aforesaid order dated 05.12.2006 ..... and circumstances, in our view, the just and proper cours.would be to simply leave open the entire matter for exercise of discretion by the learned single judge because essentially, the matter would be considered in the writ jurisdiction. in the singular circumstances, it is considered appropriate and hence ordered that while endorsing the copy ..... violation of any constitutional mandate or the competence of the legislature. as to which of item/commodity is to be included in which schedule of cst act or vat act; and subjected to what rate of tax, are essentially the matters within the competence of concerned legislature and the authorities. the grounds as taken in .....
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..... 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 ..... sriganganagar, on his behalf, an amount disproportionate to his known sources of income, which he could not satisfactorily account for. third charge bsf act, 1968 u/s41e) obtaining gratification for himself as a motive for procuring any advantage in that he, at officers' mess, ftr. hq, bsf ..... , vol. 1 at page 88, the hon'ble supreme court noted the following quotation: it is the duty of the judges to apply the laws, not only to what appears to be regulated by their express dispositions, but to all the cases ..... 1586/2014 dr. sushil kumar v/s state of rajasthan and ors. order dt:27. 03/2014 11/16 the three judges bench of hon'ble supreme court in the case of m.k. mohammed kunhi (supra), in unanimous opinion authored by grover .....
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..... , respondent no.8 jagdish prashad and respondent no.9 prem ratan got themselves impleaded as plaintiffs. another application under section 271 of the rajasthan municipalities act, 1959 ('the act of 1959') was filed seeking dispensing with the prior notice, as municipality, churu was also impleaded as a party, which application was also allowed by ..... filed in the year 1997, as a period of 20 years had not passed, it cannot be said that under section 15 of the easements act, 1882 ('the act') the plaintiffs have acquired easementary right by prescription; there were no averments in the plaint seeking easement and, therefore, the suit itself was not maintainable ..... 100 cpc is directed against judgment and decree dated 21.09.2011 passed by additional district judge, churu, whereby, the appeal filed by the appellants against the judgment and decree dated 07.03.2006 passed by civil judge (junior division).churu decreeing the suit filed by the respondents for permanent and mandatory injunction, has .....
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