Court : Rajasthan
Decided on : Nov-30-1982
Reported in : 1982WLN(UC)354
Dwarka Prasad Gupta, J.1. This appeal has been preferred against the order passed by the Judicial Magistrate, Sirohi dated June 6, 1980 acquitting the accused Madansing in respect of an offence under Section 182 I.P.C.2. Madan Singh had filed a First Information Report on May 9, 1976 in the police station, Sirohi to the effect that Shanti Devi along-with one other person unlawfully entered the premises of the complaint and hurled abuses upon h m and threw stones at aim. During investigation, the Station House Officer, Sirohi found that the relations between Shanti Devi and Madansingh were strained and proceeding under Section 107 Cr. P.C. were initiated by Shanti Devi against Madansingh which were ultimately dismissed by die court. The Police officer found on investigation that this much was proved that Shanti Davi while standing at the door hurled abuses at Madansingh and an offence under section 504 I.P.C. was made out against her but there was no reliable evidence to support the the...
Tag this Judgment!Court : Rajasthan
Decided on : Dec-08-1982
Reported in : 1982WLN(UC)397
..... said to be a case of unlawful assemblance of the appellants to commit any crime. the learned counsel next argued that there is no specific evidence about any specific act of a particular accused. that, the accused party had sustained injuries at the hands of the appellants but the police did not care to get their injuries examinad.4 ..... with the help of 149 ipc cannot be maintained. however, even taking it to be a case of a free fight the appellant would be responsible for their individual acts, if proved.8. there is specific evidence about hamji causing simple injury with sharp edged weapon to gautam. kamla causing grievous injury with lathi to dhaniya has been convicted ..... simplicitor.9. the learned counsel for the petitioner submits that in view of the facts and circumstances of the case the appellants whe are guilty because of their individual acts may also be not sent behind the bars after a lapse of such a long period. hemji and roopa have remained in custody for about a fortnight. in .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-01-1982
Reported in : 1982WLN54
..... pleas of the written statement regarding discharge. in para 3 of the written statement, the defendant has raised a plea of benami transaction which is not recognised under the act.10. the expression 'order which may tend to prejudice, embarrass or. delay the fair trial' came up for examination in abdul rahim v. md. azimuddin : ..... that it is negotiable.it is, therefore, clear that in a suit based on negotiable instrument, it is not open to either side to show that they acted benami through others. benami transactions are not recognised in connection with negotiable instruments.9. the defendant has denied the execution of the pronote in favour of the plaintiff ..... name is the real name of the person liable upon the bills.their lordships attention was directed to sections 26, 27 and 28 of the negotiable instruments act of 1881, and the terms of these sections were contrasted with the corresponding provisions of the english statute. it is unnecessary in this connection to decide whether .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-14-1982
Reported in : 1982WLN695
..... : stapeny brought council v. john walker 1934 ac 365 in other words, remedy by mandamus will not be available when a specific remedy is given in the act itself, pasmore v. caswaldtwistle urban council 1898 ac 387. the authorities concerned under the law can also enquire into the facts and tax, additional evidence. for ..... could thereafter confirm, modify or annul the decision or order appealed against. the orders passed by the appellate authority are further revisable under sections 130 and 131 of the act.16. in gulabdas & co. and anr. v. assistant collector of custom and ors. : 1983ecr1618d(sc) , the argument regarding entertainment of writ petition on the ..... cannot be charged on any postimportation expenses. the landing charges are post-imporation charges, inclusion of which by reason of the provisions of section 14 of trie-act would make the provisions of the said section unreasoanble and violative of articles 14, 19 and 21 of the constitution. in cases, where the legislature desires to .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-01-1982
Reported in : 1982WLN774
..... petition the appellant has alleged that respondent was having illicit relations with other women and was involved with nurses in the hospital and was indulging in improper acts with them the aforesaid averments have been denied by the respondent. the appellant did not adduce any evidence in support of the aforesaid averments which means that ..... object of the appellant in prosecuting these proceedings for restitution of conjugal rights appears to be to seek a decree for divorce under section 13a of the act after obtaining a decree for restitution of conjugal rights and the proceedings for restitution of conjugal rights are not founded on a sincere desire for a resumption ..... out that during the pendency of this appeal the appellant had moved an application before this court on november 16, 1981, under section 24 of the act wherein she prayed that the respondent be directed to pay maintenance allowance and litigation expenses to the appellant, and on the said application this court passed an .....
Tag this Judgment!Court : Rajasthan
Decided on : May-07-1982
Reported in : 1982WLN(UC)342
..... been found proved by both the courts below and the finding in respect of that question of fact has not been challenged before me. section 213 of the indian succession act does not affect the vesting of the estate of the deceased in any particular person for which must really be governed by the personal law of the parties. thus the .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-03-1982
Reported in : 1982WLN(UC)451
..... cases from the stones lying outside the 'dhani' of laxman, deceased, at his instance and in consequence of his information recorder under section 7 of the evidence act. we may observe here that mere denial of the recovery of these articles on the part of the appellant is not sufficient 10 rebut the cogent, reliable and ..... the court of the munsiff- magistrate, jodhpur district, jodhpur, for offences under sections 302, 307, 326, 460 read with section 34 ipc and section 25 of the arms act. the learned magistrate, upon finding a prima-facie case exclusively triable by the court of session, committed jai ram appellant to the court of the sessions judge, jodhpur, ..... officer, khedapa, sent the report to the police station, khedapa for registration of a case under sections 302, 307 and 326, ipc and section 25 of the arms act and took-up usual investigation into the matter. the station house officer rushed to the dhani of prabhu ram, deceased, and on reaching there inspected the site, prepared .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-05-1982
Reported in : 1982WLN(UC)568
..... it; corroboration, unless required by statute, goes only to the weight and value of the evidence. it is a sound rule in practice not to act on the uncorroborated evidence of a child whether sworn or unsworn, but this is a rule of prudence and not of law.the tender years of the child, coupled with ..... the receiption of unsworn evidence from a child it has always been provided that the evidence must be corroborated in some material particular implicating the accused. but in the indian act there is no such provision and the evidence is made admissible whether corroborated or not. once there is admissible evidence a court can .....
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