Court : Rajasthan
Decided on : Jan-05-1982
Reported in : 1982WLN172
..... under:where a partner excludes another from the management of the partnership affairs, there a case is made out for appointment of a receiver and this doctrine has been acted on even where the defendant contends that the plaintiff is not a partner or that he has no interest in the partnership assets.in that case the plaintiff had instituted ..... means of the partnership deed dated august 10, 1951 cannot be said to have been dissolved in accordance with the provisions relating to the dissolution of firm contained in the act. if that is so, it would not be unsafe to hold, prima facie, that the plaintiff is entitled to manage the affairs of the firm and to have access ..... no. 1, 3, 4 and 5. according to clause 24 of the partnership deed, the partners had agreed that partnership relations would be governed by the provisions of the act. provisions as to the consequences ensuing from the dissolution of the firm have been provided in clause 27 of the partnership deed.11. here it will be relevant to note .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-13-1982
Reported in : 1982WLN215
N.M. Kasliwal, J.1. This is a plaintiff's revision against the order of the Additional District Judge No. 5 Jaipur City, Jaipur dated 15-10-1981, upholding the order of the learned Munsif, Jaipur East, Jaipur dated 22-9-1981 dismissing the plaintiff's application under Order 39 Rule 1 and 2 C.P.C.2. One Govind Lal obtained an exparte decree for eviction against Kailash Chand defendant non petitioner. Kailash Chand defendant non-petitioner filed an appeal against the decree for eviction and obtained a stay order from the appellate court on 7-9-78, which was communicated to the trial court on 16-9-78. Inspite of the above stay order, it appears that Govind Lal obtained possession over the suit shop in execution of the decree on 16-1-1979. Kailash Chand filed an application for restitution of possession but the same was disallowed by the executing court. Kailash Chand there after, filed a revision in this Court and the revision was contested by Govind Lal. This Court, however, on 8-5-1981...
Tag this Judgment!Court : Rajasthan
Decided on : May-13-1982
Reported in : 1982WLN439
..... was also framed on 24 3-79 and admittedly no order was passed by the trial court under section 13 (3) of the act thereafter. a court assumes jurisdiction to determine the amount of rent to be deposited in court or paid to the land-lord by tenant ..... and any direction given by the court on that date cannot be treated to be an order passed under section 13(3) of the act. the amendment inserting the additional ground of default in payment of rent was allowed on 30-1-79 and the issue with regard ..... the contention of the learned counsel for the petitioner that no order was passed by the trial court under section 13(3) of the act after introducing the ground of default in payment of rent by way of amendment in the plaint, deserves consideration. the admitted facts of ..... the plaint by way of amendment. it was also argued that the ground, that no order under section 13(3) of the act was passed after introducing the ground of default in the plaint, was not taken in either of the courts below and as such .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-18-1982
Reported in : 1982WLN(UC)7
..... about with effect from the date of declaration of the main result, so that all the candidates, who want to seek re-evaluation may be governed by the same act of rules. although, the rules for re-evaluation can be charactrised as administrative, but still when they affect the rights of the candidates, then different rules cannot be ..... different rules of which, i shall make reference, while dealing with the other contentions of the parties. thus, from the provisions of section 16 and 17 of the act, it, would appear that the syndicate being the executive body of the university is empowered to issue or frame rules for the re-evaluation, while exercising its executive power ..... it shall have the right to advise the syndicate on ail academic matters. the syndicate is the executive body of the university ar provided in section 16 of the act. rules for re-evaluation were recommended by the academic council and were approved by the syndicate. as regards rules 6, 7 and 9 printed over-leaf the .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-22-1982
Reported in : 1982WLN(UC)60
..... the appellant. there being atleast some evidence for sexual intercourse it becomes a matter of prime importance as to whether the girl was forcibily ravished by the appellant or the act of the appellant was with her consent. from the opinion of the doctor gehlot it is also evident that surji was habituated to sexual intercourse as the hymen showed old ..... 'seduce' is to entice: to corrupt, to lead astray. if a person elopes with a minor girl and she surrenders to sexual intercourse, her being a consenting party to that act may not bring the charge under section 376 indian penal code home, still the minor girl being enticed or tempted to the sexual intercourse by the culprit, the case would .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-14-1982
Reported in : 1982WLN(UC)101
..... admissions o even the prosecution evidence, satisfies the test of a 'prudent man'. the accused may not have completely discharged his burden under section 105 of the evidence act but may raise a reasonable doubt in the mind of a judge as regards one or other of the necessary ingredients of the offence itself. that was also ..... the burden lies on the prosecution to prove the guilt of the accused beyond reasonable doubt. then, their lordships discussed the provisions of section 105 of the evidence act and were pleased to observe that the burden of proving the existence of circumstances bringing the case within the exception lies on the accused; and the court shall ..... by this evidence the defence had succeeded in establishing the fact that accused was suffering from insanity and was incapable of understanding the nature and concequence of his act, and therefore, he should be given benefit under section 84 of the indian penal code.18. in order to find out whether there is material on record .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-12-1982
Reported in : 1982WLN(UC)228
..... process. in the present case i need not express any definite opinion on the merits and demerits of the complaint case, suffice it would be to say that the acts imputed to all the petitioners in the complaint and in the statement of the complainant and his witness mohammed ramzan patel do disclose sufficient grounds for issuing process against the ..... the complaint according to the learned counsel for the petitioners, a false complaint was filed in this case by the complainant in order to escape from legal conseques of his act of causing serious injuries to mohammad umar petitioner and others, the very day, i.e. january 11, 1982. mr. s.l. mardia, on the other hand, contended that ..... the acts as alleged in the complaint filed by mohammed nisar did disclose offences under sections 452, 454, 440, 147, 148, 149 & 323, i. p. c. it was the duty of .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-05-1982
Reported in : 1982WLN512
..... goodwill gesture system, which has outlived its utillity and put only premium on such crimes.24. no doubt the maxim is 'old is gold' bur new instead of acting as prections metal of gold, some old persons also want to procure 'gold' by hook or crook, by questionable criminal methods. therefore, unfortunately in such cases ' ..... selling various items for human consumption, and he wanted to carve out an exception for his benefit to escape the normal penalty and the requirements of the act, where standards have been laid down for each item, then he alone could have proved that this particular case of sale came into exceptional category where ..... and human-being together, is the pivot of legal debate in these two criminal prosecutions.2. prevention of prosecutions and implementation & enforcement of prevention of food-adultreation act by vested interests, who do trafficing in human life for minting money, whether should be prevented by exploding such defences of ingenuity, trickery, is another fact .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-27-1982
Reported in : 1982WLN(UC)224
..... presumption but they went on to prove the rent deeds. it was only at the stage of arguments that the question of drawing presumption under section 90 of the evidence act was raised, when the plaintiffs realised that they have not been able to prove the execution of the aforesaid rent deeds. in these citcumstances, there was no reason ..... the circumstances, came to the conclusion that it would not be proper to draw a presumption about the genuineness of the rent-deed under section 90 of the evidence act after the party led evidence but failed to prove the document. in the present case also the plaintiffs at the initail stage did not rely upon the presumption under ..... case the plaintiffs make an attempt to prove the documents by producing evidence in respect thereof but fail to do so, then a presumption under section 90 of the evidence act could not be drawn. in ramchandra vs. usmangani 1953 rlw 153, this court held that it is not obligatory upon the court to raise a presumption under section .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-03-1982
Reported in : 1982WLN(UC)336
M.B. Sharma, J.1. S.B. Criminal Appeal No. 117/73 and D.B. Criminal Revision arise out of the judgment of the learned Additional Sessions Judge No. 2, Jodhpur, and as such are being disposed of by a common judgment.2. The case of the prosecution, in brief, is that in the intervening night of 13th, 14th June 1959. Mst. Parwati (P.W. 2) was sleeping on the roof of her house alongwith her two daughters. At about 4 a.m. somebody struck blow with a dagger as a result of which she was awakened and notices that accused Bhanwarlal and one Shrikishan were standing by her side. She also saw that accused Bhanwarlal had a dagger in his hand and seeing her awake, accused Bhanwarlal got down from 'chhajja' and ran away todays the lane The other person Shrikishan also tried to run away but when he was on the roof. Smt. Parwati tried to catch him and Shrikishan inflicted knife injuries on her cheek and right hand and ran away. Smt. Parwati went the hospital but she was asked first to go to the police ...
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