Court : Rajasthan
Reported in : AIR1970Raj134
..... the inaccuracy in the statement might have also been on account of lapse of memory but it is not possible to characterise the statement as a deliberate falsehood so as to justify any inference against the respondent no. 1. ..... the main functions of the pramukh, besides being the executive head of the zila parishad, is to co-ordinate the various activities of the panchayat samitis in the district. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN74
..... we, however, told the trial court:it was dark night when the incident took place.this discrepancy is more or less based on lapse of memory and is of little consequence. ..... learned counsel for the appellants strenuosly argued that the crime was committed on the main road linking dudu and' phagi. ..... this discrepancy may be due to lapse of memory. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(1998)DMC679
..... answers, and, as far as practicable, in the words of the maker of the declaration, stands on a much higher footing than a dying declaration which depends upon oral testimony, which may suffer from all the infirmities of human memory and human character; and (6) that in order to test the reliability of a dying declaration, the court has to keep in view the circumstances like the opportunity of the dying man for observation, for example, whether there .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ2439
..... . but in so far as the ratio decided of this decision is concerned it remains the same that a proviso to a particular proviso in fact carves out an exception to the general principle contained in the main provision to which it has been a proviso and it must be considered with relation to the principal matter to which it stands as a proviso and when the facts of a case and the situations and the context so warrant the ..... . in the construction and application of the first proviso it is required to be kept in mind that in the main sub-section (2) by the use of the word 'may' the legislature has given a discretion to the special judge whether to try or not to try an offence under other law along with the offence under the ..... on principles of interpretation and application of the doctrine of reading down a provision under certain circumstances those provisions shall not control the functioning of the main sub-section (2) in the field which falls within the area of operation thereof.34 ..... therefore, the use of the expression 'as far as may be' in the language of clause (f) in the context of the word 'shall' occuring earlier in that clause and the principle contained in the main sub-section (2) of section 12aa shall have to be construed and understood in wider perspective ..... same witnesses before two forums at different times, involving uncalled for and avoidable harassment to the witnesses and, at the same time, running the risk of losing their evidence due to death, non-availability or lapse of memory .....
Tag this Judgment!Court : Rajasthan
Reported in : 1984WLN(UC)557
..... is to say, in the form of questions and answers, and, as far as practicable, in the words of the maker of the declaration, stands on a much higher footing than an oral dying declaration which may suffer from the shortcoming of human memory and human character. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(2)Raj1026; 2002(3)WLC424
..... the prosecution evidence against the appellant kishan singh mainly comprises of the testimony of eye witnesses sher singh (pw.11) and birbal singh (pw.3). dr. ..... the errors due to lapse of memory may be given due allowance. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj581; 2002(5)WLC352; 2002(2)WLN218
..... manner, that is to say in the form of questions and answers and as far as practicable in the words of the maker of the declaration which depends upon oral testimony which may suffer from all the infirmities of human memory and human character; and (vi) that in order to test the reliability of a dying declaration, the court has to keep in view the circumstances like the opportunity of the dying man for observation, for example, whether there ..... p.w.1 is mata ram who is brother of the deceased and he has supported the main allegation that the accused appellant was in habit of drinking liquor and thereafter he used to beat his wife (deceased). .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(1)WLC553; 2007(2)WLN120
..... manner, that is to say, in the form of questions and answers, and, as far as practicable, in the words of the maker of the declaration which depends upon oral testimony which may suffer from all the infirmities of human memory and human character; and6. ..... 4 mainly on the following grounds:1. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN671
..... the discrepancy in the words uttered is an honest lapse of memory and we attach no significance to it. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(1)Raj137; 2004(4)WLC403
..... it is always based on general impression and due allowance must be given keeping in view the intelligence, power of observation and retentive memory of the witness. 35. .....
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