Court : Rajasthan
Decided on : Apr-22-1982
Reported in : 1982WLN(UC)69
..... the sake of argument that devilal had invited ramprasad and hiralal to his house and sent the girl to the house of ramkuwar to be married to ramprasad, still the act of the appellants in causing injuries to smt. ladu and her parents and brother makes the appellants liable to punishment for that count. mr. purohit's contention on the other .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-22-1982
Reported in : 1982WLN(UC)139
Kanta Bhatanagar, J.1. Appellant Mangilal was tried for the charge under Section 302 I.P.C. by the Additional Sessions Judge, Udaipur. By the judgment dated 30th January, 1976, the learned trial Judge convicted the appellant for the aforesaid offence and sentenced him to imprisonment for life and a fine of Rs. 100/-; in default of payment of fine to further under go rigorous imprisonment for three months.2. The prosecution case stated, in brief, is as under: on 17-3-75 at about 5.0 P.M. there was quarrel between Smt. Anchi deceased and the wife and mother of appellant Mangilal outside the house of Mangilal in connection with some quarrel amongst the children. Smt. Kanku (P.W. 2), daughter-in-law of the deceased returning after the days' labour had reached there at that time. She, caught hold of her mother-in-law, the deceased, and took her inside her house. A little while thereafter, the appellant, went inside the house of the deceased with a dagger in his hand. He caught hold of her a...
Tag this Judgment!Court : Rajasthan
Decided on : May-13-1982
Reported in : 1982WLN(UC)210
..... respondent no. 1 raised a preliminary objection to the effect that the writ petition should not be entertained as an appeal lay under section 17(1) of the act against the impugned order (ex.2). today, when the case was taken up for admission, learned counsel for respondent no. 1 reiterated the aforesaid preliminary objection that ..... appealed against and that before preferring the appeal, the petitioner is required to deposit the amout for which direction has been made under section 17(1a) of the act and so, because of these reason, the writ petition should be entertained.5. i have considered the arguments of the learned counsel for the parties relating to ..... ordinary jurisdiction under article 226 of the constitution even if there an alternative remedy.the pre-condition of deposit of amount under section 1(1 a) of the act for filing appeal is not a ground for filing writ petition under article 226 of the constitution. the preliminary objection raised by the learned counsel for respondent no .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-22-1982
Reported in : 1982WLN(UC)231
..... or facts to prove the above. this plea of parakh is therefore, rejected.42. i however, feel impressed by the submission of shri parakh that the act of 1974 applies to teachers and officers. the word, officer, means registrar, deputy registrar, assistant registrar, librarian of university and include any other persons ..... be appointed except on the recommendations of the selection committee constituted under section 4. now officer' has been defined by section 2(3) of the act, and it means the registrar, deputy registrar, assistant registrar, librarian of a university, and includes any other officer by whatever name designated declared by ..... appointed the experts for the selection committee as required under section 4 of the rajasthan universities' teachers and officers (special conditions of service) act 1974 'act no. 18 of 1974) hereinafter called the 'act' under the head 'officers' the following posts have been mentioned in the said resolution, namely, (1) librarian (2) deputy librarian .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-20-1982
Reported in : 1982WLN(UC)365
Kanta Bhatnagar, J.1. This appeal is directed against the judgment passed by the Sessions Judge, Banswara dated April 6, 1977 by which the appellants were convicted for the offences under Sections 147 and 325/149 of the Indian Penal Code and sentenced to six months R.I. each on the first count and five year R.I. each on the second count with an order that the sentences awarded on two counts shall run concurrently.2. Briefly stated, the facts of the case giving rise to this appeal are as under: About a year prior to the murder of Natha, when he had gone to have a watch on his field, appellants Tejiya Laleng and Kamji gave a beating to him and snatched his ornaments. Natha instituted a case against them which was pending in the Court of Munsif and Judicial Magistrate, Kushalgarth. Thereafter, a few days prior to the present incident Dalla had given a beating to Natha. Natha went to Kalinjara to lodge the report. When he was returning from Kalinjara, Poonja (PW 4) met him in the way near ...
Tag this Judgment!Court : Rajasthan
Decided on : Oct-21-1982
Reported in : 1982WLN(UC)371
..... be allowed to go back upon his admission & claim the entire property as his own by means of an amendment in the plaint. in my considered view, the trial court acted erroneously in allowing the amendment in the present case.7. for the reasons mentioned abeve, the revision petition is allowed, the order passed by the learned civil judge, nagaur dated .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-14-1982
Reported in : 1982WLN(UC)374
..... murder on the petty matter of quarrel between the ladies on such a trivial point, but motive is mostly the subjective condition of the mind and the doer of the act alone can know as to what transpired in his mind at a particular time. in case prosecution establishes by cogent convincing evidence the commission of the crime by the accused .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-19-1982
Reported in : 1982WLN151
..... basis or situation which must exist before presumption can be raised. in fact accused denied having accepted bribe and stated that he was the victim of malevolent act of hansbad in thrusting marked currency notes in his pocket. this statement will not show acceptance of illegal gratification and the high court was in error in ..... other than legal remuneration so as to be able to raise the presumption. acceptance or obtaining, or agreeing to accept or attempting to obtain is a voluntary act. in the statement of the accused, this element of voluntary acceptance is missing. therefore, the statement of the accused by itself in the facts and circumstances of ..... with all the facts proved (basu)22. before i proceed further, it would be necessary to take note of the following provisions of the prevention of corruption act.section 4. presumption where public servants accepts gratification other than legal remuneration (1) where in any trial of an offence punishable under sec 161 or sec 165 .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-18-1982
Reported in : 1982WLN381
Guman Mal Lodha, J.1. This civil second appeal is directed against the judgment & decree passed by the Senior Civil & Assistant Sessions Judge Jaipur District, Jaipur confirming the judgment & decree passed by the Munsif Magistrate, Jaipur District, Jaipur in a civil suit for declaration and permanent injunction.2. Mst. Vahidan and Sakuran, the plaintiffs-respondents, daughters of Kadar bux filed the suit on the allegation that their share in the property mentioned in para 1 of the plaint was gifted orally to them by their father Kadarbux about 14 years prior to the institution of the suit. The plaintiffs in pursuance to this gift took possession of the property. Now, defendants-appellants want to dispossess the plaintiffs from their possession. The gift was denied by the defendants. The case of the defendants was that Kadarbux had left for Pakistan and could not have gifted the property. The possession of the plaintiffs over one 'Tibara' and 'Sal' was alleged to be illegal having been...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-17-1982
Reported in : 1982WLN609
..... of justice and fair play and are not intended to stullify the dispensation of justice.11. section 35b has undoubtedly been introduced in the code by the amendment act of 1976 for the purpose of controlling the conduct of the parties in civil litigation and to overcome the deliberate attempts of parties to cause inexcusable and inordinate delay ..... or even infraction of the rules of procedure. the court always gives leave to amend the pleading of a party, unless it is satisfied that the party applying was acting malafide, or that by his blunder, he had caused injury to his opponent which may not be compensated for by an order of costs. however, negligent or careless ..... the provisions of section 148 of the code, under which the court could enlarge, in its discretion, any period fixed or granted by it for doing of any act prescribed or allowed by the code, even though the period originally granted might have expired. it should always be remembered that all rules of procedure are meant to be .....
Tag this Judgment!