Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 142 pardon and remission Court: rajasthan Page 1 of about 20 results (0.072 seconds)

Ramswaroop Jaiswal Vs. State of Rajasthan

Court : Rajasthan

Reported in : 2007CriLJ1566; RLW2007(3)Raj1927

..... investigation, the police filed a challan against both the accused persons.3. the learned trial court framed charge against accused persons under section 8/20 of the act. the accused persons denied the charge and claimed to be tried. the prosecution examined 17 witnesses and also produced documentary evidence exhibit p-1 to exhibit. ..... he contended that vide notification dated 19th of october, 2001, issued in exercise of powers conferred by clauses (viia) and (xiiia) of section 2 of the ndps act, the small and commercial quantity of contrabands have been notified and as per this notification the 'small quantity' of the contraband 'charas' has been notified as 100 ..... the aforesaid circumstances, the appellant cannot be convicted on the sole testimony of police witness, pw-3. the question of applicability of section 35 of the act will not arise in the present case when the recovery itself is doubtful. the appellant had disputed the recovery of contraband. there are serious discrepancies in its .....

P. Paliwal and ors. Vs. Hindustan Zinc Limited and ors.

Court : Rajasthan

..... not regulatory in nature. for vesting of undertaking in hzl, the undertaking of the mci was taken over by the government of india by the act of 1965, act of 1966 and act of 1976 and then undertaking was transferred to hzl. in jialal kapur's case, the division bench of this court was influenced by the ..... the respondent is that the respondent-company is engaged in commercial activity. the commercial activity itself is not a decisive factor nor body's registration under the companies act itself is decisive. the decisive criteria as already referred and discussed above, clearly proves the respondent to be 'other authority' within the meaning of article 12 ..... its functions and activities. the respondent-company raised preliminary objection that the respondent-hindustan zinc limited (for short 'hzl') is merely a company registered under the companies act, 1956 and it is not state within the meaning of article 12 of the constitution of india and, therefore, no writ lies against it. in support of .....

Narayan Vs. State

Court : Rajasthan Jodhpur

..... a case based on circumstantial evidence. . last seen evidence is one of species of circumstantial evidence. last seen evidence as per part iii section 7 of indian evidence act, 1872, is relevant evidence against accused. for proving this evidence it is essential for the prosecution to prove two things, being that the accused was seen alone in ..... a fact situation, we reach the inescapable conclusion that no presumption can be drawn against the said two respondents/accused under section 114 illustration (a) of the evidence act. no ad- vers.inference can be drawn on the basis of re- coveries made on their disclosure statements to connect them with the commission of the crime. 9 ..... when there is evidence of last seen and recovery of silver oranment is made as per information given by the accused appellant under section 27 of the evidence act then obviously it is a case in which the learned trial court has rightly held accused appellant guilty of offence under section 302 and 397 ipc. the learned .....

Maggi Bai Vs. Sitaram

Court : Rajasthan

Reported in : AIR1978Raj1; 1977()WLN159

..... open to the courts to adopt another hypothetical construction on the ground that such a hypothetical construction is more consistent with the alleged object and policy of the act.8. the words used in the material provisions of the statute must be interpreted in the plain grammatical meaning. when such words are capable of two ..... .6. mr. lodha, learned counsel for the respondent, has supported the judgment of the first appellate court. he has con-tended that section 13 of the act deals with the general restrictions against the eviction of a tenant and as they were not found to be sufficient, special restrictions on eviction were introduced by amending ..... ble s. n. modi j., in prabhashanker's case (supra) in making the following observations.-'section 26 of the rajasthan premises (control of rent and eviction) act has not been deleted and retains itself. it restricts the execution of decree for eviction against the tenant from any premises etc. passed before the date of commencement .....

Sukhdarshan Kumar and ors. Vs. State of Rajasthan

Court : Rajasthan

Reported in : RLW2003(3)Raj1620; 2002(5)WLC487; 2002(2)WLN333

..... .5 jaganath, the case of dowry demand come, but as stated above and looking to the facts that they were living separately from deceased-wife and no specific overt act has been alleged against them and that other relatives, namely, purshottam, jeth of the deceased-wife, rekha, wife of purshottam and renu, nanad of the deceased wife ..... or the other relations cannot, in all cases, be held to be involved in the demand of dowry. in case where such accusations are made, the overt acts attributed to persons other than husband are required to be proved beyond reasonable doubt. by mere conjectures and implications such relations cannot be held guilty for the offence relating ..... 2 gaurav, pw 7 amritpalsingh an dw 8 pawan kumar and the learned special addl. sessions judge has further erred in invoking section 113b of the indian evidence act in the present case.4. that accused appellants kishorilal, father-in-law of deceased-wife and smt. sita, mother-in-law of deceased-wife were residing separately and .....

Dhanna Ram and ors. Vs. the State of Rajasthan

Court : Rajasthan

Reported in : 1996(1)WLN434

..... suicide within a short period of her marriage and the appellants are responsible for the same.50. the appellants failed to rebut presumption under section 113a, evidence act. they raised a false plea of mental disorlderliness of the deceased.51. therefore, having regard to the totality of facts and circumstances narrated herein before, the ..... cruelty' shall have the same meaning as in section 498a of the indian penal code (45 of 1860)49. so, the appellants, by their persistent conduct and acts created such a suffocating tense and purturbing atmosphere amounting to cruelty and, lastly, the deceased finding herself unable to bear such a surcharged and tense atmosphere, felt compelled ..... above, a mere unnatural death, by way of committing one's suicide, no presumption as provided under section 113a or section 113b of the indian evidence act can come to the aid of the prosecution and hence the prosecution prima facie failed to prove that smt. chooni was ever subjected to cruelty or harassment .....

Ram Prasad Vs. Hari NaraIn and ors.

Court : Rajasthan

Reported in : AIR1998Raj185; 1997(3)WLC631; 1997(2)WLN393

..... the plaintiff is suffering from disease of deafness, in the event also he may be examined with the help of the provisions contained in section 119 of the indian evidence act, 1872, which are applicable for the purposes of recording the evidence of a dumb witness. i am of the view that a deaf witness may also be examined ..... passing remark was made in respect of examination of power of attorney holder or the party. neither the provisions contained in order 3, rule 2 were discussed nor the word 'acts' was interpreted.8. on the other hand mr. kanta prasad sharma learned counsel for the defendants placed reliance on shambhu dutt shastri v. state of rajasthan, (1986) 2 ..... he is unable to appear in the court. he is suffering from 'severe sensory normal hearing joss' and has become deaf. therefore, he has authorised his son satyanarayan to act on his behalf and executed a general power of attorney in his favour. learned counsel placed photo copy of judgment of this court (in s. b. revision no. 805 .....

Jot Ram Vs. Taru Ram

Court : Rajasthan

Reported in : 1969WLN395

..... contracted another marriage and mst. kalawati is not treating the children loving and effectionately, the application filed by taru ram, under section 25 of the guardians and wards act, 1890, should have been dismissed and no order should have been passed that the minors should be made over to taru ram. learned counsel for the opposite side ..... the impugned order of the court below.5. it is an admitted position that mst. kamla has already been married. under section 6 of the hindu minority and guardianship act, 1956, her husband became the lawful guardian of his minor wife. there remains, therefore, no question of the delivery of the custody of mst. kamala to the ..... in bairam mandal v. rajani mandal in : air1964pat505 . in that case, it was pointed out that in appointing a guardian for a minor under the guardians and wards act, 1890, interest and welfare of the minor is the first and main consideration and in such consideration the court should have regard 1o the age, sex and religion. if .....

ito Vs. Maheshwari Nirman Udyog

Court : Rajasthan

Reported in : (2004)86TTJ(NULL)410

..... the parties are admittedly income-tax assessees. the amount given and accepted was duly explained amount. hence, there was no addition made under section 68 of the act.5.8 while interpreting penalty provisions the legislative intent and the object behind the enactment plays important role and has always to be kept in mind. the cbdt ..... cit, bikaner range, bikaner.5. the learned authorised representative made the following submissions :5.1 the transaction with sister-concern was not covered by section 269ss of the act. it is an admitted position of facts that there are transactions between two sister-concerns. the assessing officer and the learned dy. cit both have used the words ' ..... 94.2. in this case, the assessing officer had levied a penalty of rs. 5,05,300 under section 271d of the act for violation of provisions contained in section 269ss of the act which prohibits taking or accepting from any other person any loan or deposit otherwise than by an account payee cheque or account payee .....

Gotan Lime Stone Khanij Udyog P. Ltd Vs. State and Ors

Court : Rajasthan Jodhpur

..... separate and distinct from its shareholders with its own legal rights and obligations. it seeks to disregard the separate personality of the company and attribute the acts of the company to those who are allegedly in direct control of its operation. the starting point of this doctrine was discussed in the celebrated case ..... 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 ..... of the words used by parliament in the definition clause of 'appropriate government'. it is an undisputed fact that the company was incorporated under the companies act and it is the company so incorporated which carried on the undertaking. the undertaking, therefore, is not one carried on directly by the central government or .....