Court : Rajasthan
Reported in : RLW2005(1)Raj389
..... enjoyment of life.22. therefore, we must make use of articles 21, 48a and 51a(g) of the constitution to protect and preserve environment, ecology, including air, water, soil, trees and vegetation so that environment is not sacrificed at the alter of economy.23. in m.c, mehta v. union of india ..... attainment including their right to life with human dignity encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life cannot be enjoyed. any contra acts or action would cause environmental pollution. environmental, ecological, air, water, pollution etc. should ..... trees are the very life line of human existence.29. in order to protect and preserve ecology the ministry of environment and forests, government of india issued two notifications dated 7th may, 1992 and 27th january, 1994. notification dated 7th may, 1992 issued under section 3(1) and section 3(2) (v) of the environment (protection) act .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1952Raj1
..... plaintiff. sucha presumption which was held to arise in 8 bom 35cannot be raised in the present case in view of thelanguage of ss. 33 and 35, easements act. it isfor the plaintiff to prove his case and a plaintiff isentitled to claim damages or an injunction under section 33 or 35 only when he establishes that ..... which is what is required for the ordinary purposes and inadequacy or absence of the tenementaccording to the ordinary notion of mankind.'the question, therefore, is whether the act of thedefendant in obstructing the light and air of theplaintiffs ancient window can be consideredto be a nuisance. there is absolutely no evidenceto show that any substantial injury is ..... window, only when he can show that the disturbance of his right to get a light and air has actually caused substantial damage to him.section 33, easements act is as follows:'the owner of any interest in the dominant heritage, or the occupier of such heritage, may institute a suit for compensation for the disturbance of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2005Raj18; RLW2005(1)Raj167; 2004(4)WLC388
..... accordance with the interpretation/ management plan document submitted to the state forest department.23. an affidavit has been filed by the regional deputy director, wild life preservation (northern region), ministry of environment and forests, government of india. according to the affidavit, it is clear that the central government is also supporting the ..... , agency or any other organization not owned, managed or controlled by government;(iv) that any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion thereof, for the purpose of using it for re-afforestation.explanation to section 2 clarifies the meaning of ..... does not attract the provisions of section 2 of the forest (conservation) act, 1980. the setting up of the interpretation center is for educating the visitors and creating awareness in them about the importance of wildlife. conservation of wildlife and preservation of forest is possible only when the people are alive to the fact .....
Tag this Judgment!Court : Rajasthan
Reported in : [2007]78SCL410(Raj)
..... horticulture, floriculture, sericulture, plantation, forestry, gardening growing, farming cultivating, harvesting, grazing field, sheep farming, fish faming, animal husbandry, diaries and preserving, converting, chemically treating, altering, grinding, processing nursery, pastures, crops, trees, leaves, orchards, estates, fields, plantations, farmhouses, wastelands, barren lands, and lands live stock and planning, managing, running, improving, developing ..... the petition and taken a preliminary objection that the petition under section 439, read with sections 433 and 434 of the companies act are not applicable as the present petition has not been filed by any creditor or by any contributory of the company. the ..... directed to furnish the statement of affairs along with the required affidavit in terms of provisions contained in section 454 of the companies act. the petitioner company in the petition averred that it has made payment of rs. 38 lakhs to 729 depositors against their investment .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN235
..... in criminal law principally in reference to the inclination of bodily injury by neglecting to perform one of the duties which are by law imposed on various persons for the preservation of the human life.the correct scope of the word 'negligence' was stated by lord donedin in freud v. hercourt revigton 1848 (2) all. e.r. ..... injury, but without the intention to cause injury or knowledge that it will probably be caused. the criminality lies in running the risk of doing such an act with recklessness or indifference as to the consequences. in other words, criminal negligence is a gross and culpable neglect or failure to exercise that reachable and proper care ..... circumstances, out of which the charge has arisen, it was the imperative duty of the accused to have adopted.6. there is distinction between a rash act and a negligent act. neggence is an omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(5)WLC313; 2002(1)WLN35
..... the accused petitioner is that looking to the entire facts and circumstances of the case, either the accused petitioner be released on probation under the probation of offenders act on in awarding sentence, lenient view be taken and the sentence awarded to the accused petitioner be reduced to the period already undergone by him.18. a ..... along accepted judicial lines, an appellate court should not interfere with it. sentencing an accused person is a sensitive exercise of discretion and not a routine or mechanical prescription acting on hunch.19. in rattan singh v. state of punjab (mr 1980 sc 84), the hon'ble supreme court held as under:penal code (1860) section 304 ..... thus, from the observations made by hon'ble supreme court in dalbir singh's case (supra), it clearly appears that benefit of probation under the probation of offenders act, 1958 cannot be extended to persons convicted of offence of causing death by rash and negligent driving.23. the hon'ble supreme court in dalbir singh's case .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj310
..... within the limits of the police station jurisdiction the sub- inspector is primarily responsible for the effective working, management, good conduct and discipline of the local police, for the preservation of peace and the prevention and detection of crime, the due performance of all police duties, the exercise by the police of the powers granted them by law, the ..... his person and property.12. the rajasthan police rules, 1965 (for short 'rules') were made in exercise of the powers conferred by sections 45 and 46 of the police act, 1861. rule 3.1 of the rules which relates to the officer incharge of the police station, reads as under:3.1 officer incharge of police station: (1) the ..... we find that the officer, who served the charge sheet on the appellant was not well worsted with the scope of sections 174 and 175 crpc. the appellant had acted strictly in accordance with section 174 crpc and he had every right under the police rules to hand over inquiry to asi.11. the criminal law of india and .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj160; 1972()WLN894
..... prescription, but the continuity of right of way is broken by plaintiff himself for a considerable period from samvat 2005. the section 38 of the indian easements act clearly provides that an easement is extinguished when the dominant owner releases it expressly or impliedly to the servant owner. here the plaintiff has already constructed another staircase ..... release of any easementary right as held by the learned district judge, but non-establishment of the right itself in accordance with section 15 of the easements act when the prescriptive period of 20 years did not end within two years next preceding the institution of the suit. learned counsel maintained that it was for the ..... enjoyment or their right of passage for 20 years ending within the next two years preceding the filing of the suit. i may read section 15 of the easements act: 'section 15. acquisition by prescription.-- where the access and use of light or air to and for any building have been peaceably enjoyed therewith, as an .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972CriLJ704; 1971(4)WLN327
..... appeal by the state against an order of acquittal passed by the learned sessions judge, partabgarh, in a case under section 3 of the rajasthan preservation of certain animals act. 1970, hereinafter to be referred as the 'act'. 2. the allegation against the accused respondent was that on 23-6-1968 he had hit a cow with an axe on the hind portion ..... accused who had hit the cow with the axe, there is the further question whether this will constitute an offence under section 3 of the act. at this point we may read section 3 of the act:section 3. causing serious bodily injury to a cow etc. - whoever intentionally causes serious bodily injury to a bull, cow or calf shall be punished ..... this statement of the doctor, we are unable to come to a conclusion that the injury sustained by the cow was serious within the meaning of section 3 of the act. in the circumstances we are not inclined to interfere with the order of acquittal.accordingly the appeal is hereby dismissed.
Tag this Judgment!Court : Rajasthan
Reported in : AIR1976Raj162; 1975WLN(UC)476
..... is not in dispute that by converting the 'saal' into a 'maliya' the plaintiff had imposed any additional burden on the servient heritage. section 43 of the act clearly lays down that where by any permanent change in the dominant heritage the burden of the servient heritage is materially increased and cannot be reduced by the servient ..... to the extinction of easementary right enjoyed by the plaintiff. in this connection my attention has been drawn to the provision of section 43 of the indian easements act which deals with the question of extinction of easementary right by permanent change in the dominant heritage. section 23 is also a relevant provision which gives the ..... ii.--nothing is an interruption within the meaning of this section unless where there is an actual cessation of the enjoyment by reason of an obstruction by the act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof, and .....
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