Court : Rajasthan Jodhpur
..... charge of section 34 ipc but those words are said to be used in custody of police, while shouting at the place of occurrence, therefore, the act cannot be an act in furtherance of common intention of the accused appellant. as per the prosecution case itself, appellant oma ram and pukhraj were caught when jeep of the accused ..... intention to kill when the accused party leave the place for hunting so also in the alleged vehicle neither liquor nor any contraband was recovered. the only illegal act was committed by the accused appellant that they did not stop the vehicle and run away while breaking check post. obviously, oma ram was not having any gun ..... performing its police duty. therefore, if at the time of performing duty gunshot injury will be caused by the fire arm then intention can be gathered from the act that intention to kill arose on spot when occurrence took place. as per the argument of learned public prosecutor the grounds submitted by the appellants for not committing offence .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... charge of section 34 ipc but those words are said to be used in custody of police, while shouting at the place of occurrence, therefore, the act cannot be an act in furtherance of common intention of the accused appellant. as per the prosecution case itself, appellant oma ram and pukhraj were caught when jeep of the accused ..... intention to kill when the accused party leave the place for hunting so also in the alleged vehicle neither liquor nor any contraband was recovered. the only illegal act was committed by the accused appellant that they did not stop the vehicle and run away while breaking check post. obviously, oma ram was not having any gun ..... performing its police duty. therefore, if at the time of performing duty gunshot injury will be caused by the fire arm then intention can be gathered from the act that intention to kill arose on spot when occurrence took place. as per the argument of learned public prosecutor the grounds submitted by the appellants for not committing offence .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... (c) appended to section 300 clearly brings out this point. clause (c) of section 299 and clause (4) of section 300 both require knowledge of the probability of the act causing death. it is not necessary for the purpose of this case to dilate much on the distinction between these corresponding clauses. it will be sufficient to say that clause ..... part of the rule of law. under clause thirdly of section 300 ipc, culpable homicide is murder, if both the following conditions are satisfied: i.e. (a) that the act which causes death is done with the intention of causing death or is done with the intention of causing a bodily injury; and (b) that the injury intended to be ..... kill the other person, it will be a murder within the meaning of section 300 of the code and punishable under section 302 of the code but where the act is done without intention on grave and sudden provocation which is not sought or voluntarily provoked by the offender, the offence would fall under the exceptions to section 300 .....
Tag this Judgment!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 .....
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..... was withdrawn in exercise of the powers under section 3(1)(a) of the rajasthan municipalities ordinance, 2008, which was later-on enacted as the rajasthan municipalities act, 2009. the petitioners have also prayed for direction to hold elections for municipal board, 2 napasar and not to hold elections for gram panchayat, napasar.2. ..... gram panchayat, napasar as municipality (nagar palika) class iv under section 3(1)(a) of the rajasthan municipalities ordinance, 2008 (later on enacted as rajasthan municipalities act, 2009). by the government order dated 16.10.2008, in pursuance to section 3(7)(c) of the rajasthan municipalities ordinance, 2008, it was directed that ..... a gram panchayat, which was earlier an area covered by a municipality, the state government is required to follow the procedure laid down in the rajasthan panchayat act, considering various factors like the population, the inhabitation, the nature of the area being rural or urban and others.14. learned senior counsel for the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... (j) it may be true that a statutory amendment of a rather cognate provision, like section 115 of the civil procedure code by the civil procedure code (amendment) act, 1999 does not and cannot cut down the ambit of high court's power under article 227. at the same time, it must be remembered that ..... , the second petitioner-defendant submitted objection against general notification published in the newspaper through his private secretary. that apart, in the plaint, certain overt acts are also attributed to the petitioners-defendants in causing obstructions and hindrances in peaceful enjoyment of ownership and possession of suit property by the respondents. while ..... of mandir palace became transferred properties of all the four incumbents including the proforma respondent. when rajasthan land reforms and resumption of jagirs act, 1952 (for short the act of 1952 ) came into force, the respective parts of mandir palace were declared as properties of all the four incumbents including the proforma .....
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..... people oriented. no functionary in exercise of statutory power can claim immunity, except to the extent protected by the statute itself. public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behavior before authorities created under the statute like the commission or the courts ..... functions for determining the liability of the state'. in any case the law has always maintained that the public authorities who are entrusted with statutory function cannot act negligently. under our s.b.civil writ petition no. 11316/2010 & 11 other connected writ petitions ( see schedule) jodhpur development authority, jodhpur vs. ..... for the respondent-complainant vehemently submitted as under: (i) that the issue regarding coverage of complainant andpetitioner jda by the provisions of consumer protection act, 1986 stands concluded by the apex court of the country with the dismissal of slp against the order of national commission in the case of .....
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..... acknowledgment in the notice given by the advocate, shri mohan lal joshi, (exhibit-3) dated 09.05.1962, the explanation to section 18 of the limitation act would get attracted and the acknowledgment made by the advocate as an agent would also be sufficient acknowledgment and would extend s.b. civil second appeal no.212/ ..... required to be further proved. therefore, the learned courts below were justified in holding that presumption of its correctness could be drawn under section 90 of the act and the same was not required to be proved by producing the attesting witnesses since the original mortgage-deed in the possession of the defendants was never produced ..... defendants in the notice served by him upon the tenant in the suit premises about the factum of mortgage, and in view of explanation to section 18 of limitation act, particularly, explanation (b), the word 'signed' would mean signed either personally or by an agent duly authorized in this behalf and, therefore, the acknowledgment made .....
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..... years vide annexure-6, which resulted in the alleged deteriorated condition of the park and is allegedly being misused against the provisions of the public parks act, 1956 ('the act'). the petitioner has prayed in the petition that:- it is, therefore, respectfully prayed that this writ petition may kindly be allowed and by an appropriate ..... that such a transfer has been made to the local authority and, consequently, there is no question of any violation of provisions of section 4 of the act. the generalized grievances of alleged irregularities and non- maintenance of the parks without any specific particulars cannot be taken up for adjudication or inquiry. questioning a ..... and adequate security arrangement.2. to ensure that no portion of the gulab bagh is unauthorizedly transferred to any person, institution, society etc in violation of act of 1956 and rules of 1959 and to resume the portions already handed over for the purpose of maintenance. respondents may further be directed to maintain .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... to play (fraud, misrepresentation, undue influence etc.) in such violation of the regulations, in which event cancellation of the transfer is inevitable. if the transferee had acted bona fide and was blameless, it may be possible to save the transfer but that again would depend upon the answer to the further question as to whether public ..... 6.2001 and ppas signed by the parties at different stages. it is also not posible to accept the view of the tribunal that the regulatory commission has acted in contradiction or conflict with the state policy. the state was not intending to provide incentive and concessions with assurance of buy-back to enable the non- ..... parties. the agreement also had renewal clause empowering transco/aptransco/ board to revise the tariff. thus, the documents executed by these parties and their conduct of acting upon such agreements over a long period bind them to the rights and obligations stated in the contract. the parties can hardly deny the facts as they existed .....
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