Court : Rajasthan Jodhpur
..... even if the evidence on both sides is closed and the jurisdiction of the court must obviously be dictated by exigency of the situation, and fair play and good sense appear to be the only safe guides and that only the requirements of justice command the examination of any person which would depend on the facts and ..... the society in general. the concept of fair trial entails familiar triangulation of interests of the accused, the victim and the society and it is the community that acts through the state and prosecuting agencies. interests of society is not to be treated completely with disdain and as persona non grata. courts have always been considered to ..... supreme court in the case of anvar p.v. (supra) held that secondary evidence of electronic record would be inadmissible unless requirements of section 65b of the evidence act are satisfied. in this background, this court is of the firm opinion that the trial court during the course of the earlier proceedings, whilst allowing the call .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the settled legal position regarding the right of the agriculturists to receive water, only in accordance with what has been sanctioned to them and as the provisions of the act and the rules does not arm the petitioners to determine as to how the supply of water should be regulated by the respondents despite admittedly petitioners drawing excess water ..... the canal, or from the outlets, water exceeding the authorised capacity or quantity, so as to negate the provisions of rule 11(1) and section 55(9) of the act. this is second aspect of the matter. . the said judgment has been upheld by the division bench in d.b.special appeal (w) no.273/2007 (supra) wherein ..... claims against this, in this respect, shall lie against the government, and that persons violating this rule shall be liable to punishment under section 55(9) of the act. it is in this sequence, that sub-rule (2) contemplates that no material change shall be made in an established system of canal distribution except under the orders of .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the settled legal position regarding the right of the agriculturists to receive water, only in accordance with what has been sanctioned to them and as the provisions of the act and the rules does not arm the petitioners to determine as to how the supply of water should be regulated by the respondents despite admittedly petitioners drawing excess water ..... the canal, or from the outlets, water exceeding the authorised capacity or quantity, so as to negate the provisions of rule 11(1) and section 55(9) of the act. this is second aspect of the matter. . the said judgment has been upheld by the division bench in d.b.special appeal (w) no.273/2007 (supra) wherein ..... claims against this, in this respect, shall lie against the government, and that persons violating this rule shall be liable to punishment under section 55(9) of the act. it is in this sequence, that sub-rule (2) contemplates that no material change shall be made in an established system of canal distribution except under the orders of .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... observed that the liability of owner of the vehicle to insure it compulsorily by virtue of the amendment introduced in section 147 included only the owner of the goods his authorised representative carried in the vehicle besides the third parties and thus, in absence of the policy issued covering of the risk of the passengers who ..... tribunal in the impugned order dated 08.03.2006 to the appellant-insurance company to pay and recover, cannot be sustained. the insurance cover in question was admittedly, act only policy . and did not cover the risk of fare paying passenger, like deceased kursheed @ khursheed, who admittedly hired the jeep alongwith 4-5 persons for rs ..... though the findings of fact to the extent of the deceased being a fare paying passenger in the vehicle for private use, namely, jeep no.dl4cd0771 covered under the act only policy ., are correct and deserve to be sustained.9. learned counsel for the respondents-claimants, mr.m.s.soni for mr.rajesh panwar however, supported the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... settled principle that criminal law requires strict adherence to the rule of proportionality in awarding punishment, and the same must be in accordance with the culpability of the criminal act. furthermore, this court is also conscious to the effect, of not awarding just punishment, on the society. . 36. thus, the manner in which the commission ..... evidence in self defence, but he stated that he did not want to lead any evidence.6. the learned special judge,protection of children from sexual offences act cases, rajsamand, after hearing the counsel for the parties and going through the evidence, came to the conclusion that the appellant manoj pratap singh was guilty ..... the accused-appellant manoj pratap singh. by the court:(per hon'ble miss jaishree thakur,j.) 1. the learned special judge, protection of children from sexual offences act cases, rajsamand vide order dated 28.9.2013 has convicted accused-appellant manoj pratap singh under sections 363, 365, 376(2)(f) and section 302, indian penal .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... settled principle that criminal law requires strict adherence to the rule of proportionality in awarding punishment, and the same must be in accordance with the culpability of the criminal act. furthermore, this court is also conscious to the effect, of not awarding just punishment, on the society. . 36. thus, the manner in which the commission ..... evidence in self defence, but he stated that he did not want to lead any evidence.6. the learned special judge,protection of children from sexual offences act cases, rajsamand, after hearing the counsel for the parties and going through the evidence, came to the conclusion that the appellant manoj pratap singh was guilty ..... the accused-appellant manoj pratap singh. by the court:(per hon'ble miss jaishree thakur,j.) 1. the learned special judge, protection of children from sexual offences act cases, rajsamand vide order dated 28.9.2013 has convicted accused-appellant manoj pratap singh under sections 363, 365, 376(2)(f) and section 302, indian penal .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... 78 (5) read in its entirety with rule 53 of the 1995 rules, it is clear that penalty was liable to be imposed for importation of any taxable goods for sale without furnishing a declaration in form st 18-a completely filled in all respects. the duty to fill and furnish the said form was imposed on the purchasing dealer. ..... electricals ltd. reported in (2009) 1 scc 308 took a different view and held that the expression person in charge of goods under section 78 (5) of the act was wider expression and included the owner of the goods even prior to 22.03.2002 also, however, penalty could be imposed on such owner subject to giving of opportunity of hearing ..... or the documents are found to be false or forged, after enquiry, that a penalty may be imposed, which is a civil liability for compliance of the provisions of act for the purposes of checking the evasion of tax. it is thus not correct to submit that penalty for submission of false or forged document or declaration, necessarily involves .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... weight less than 7.5 quintal, the said vehicle falls within the definition of lmv and does not fall within the category of commercial vehicle or goods transport vehicle and therefore, the petitioner insurance company was not justified in repudiating the claim. accordingly, the application preferred by the first respondent has been ..... effective driving license to drive the transport vehicle. 3. in these circumstances, the petitioner preferred an application under section 20 read with section 22 of the act before the permanent lok adalat, legal services authority, bhilwara, seeking directions to the petitioner insurance company, to pay the loss caused to the vehicle, ..... services authority, along with allowing the application preferred by the first respondent herein under section 20 read with section 22 of the legal services authority act, 1987 (for short "the act") and consequently directing the petitioner herein to pay a sum of rs. 64,995/- along with interest @ 10% for the period commencing .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... would be exposed but for the authority, or, so as to produce the same effect as if the person granting the authority had for himself 31 done the act. for instance, if a authorities b to sell certain goods for and on his behalf and b does so, b incurs no liability for so doing in respect of such ..... confers a good title on the purchaser. there clearly arises in such a case the relationship of a principal and an agent. the words under the authority of . mean pursuant to the authority, such as where an agent or a servant acts under or pursuant to the authority of his principal or master. can the respondent-company, therefore, be ..... said to be carrying on its business pursuant to the authority of the central government?. that obviously cannot be said of a company incorporated under the companies act whose constitution, powers and functions are provided for and regulated by its memorandum of association and the articles of association. an incorporated company, as it well known, has .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... that being so, i would, therefore, answer both the questions against the appellant and in favour of the respondent and hold that despite transfer of the property by sale, the respondent retained the right to recover the possession from the appellant-tenant in view of the express agreement between her and her transferee in that behalf. consequently ..... this regard was necessary for the purpose of alleged attornment. 20. besides the above, the definition of landlord under section 2(c) of the rajasthan rent control act, 2001 ('the act') reads as under:- "(c) 'landlord' means any person who for the time being is receiving or is entitled to receive the rent of any premises, whether ..... cannot dispute the right of the transferee landlord to maintain an eviction petition under the act or to claim rent. hence, in the case of a valid transfer of premises by the lessor by way of sale, as the transferee would be entitled to receive the rent of the premises, he would fall within the definition of landlord. .....
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