Court : Rajasthan
Decided on : May-09-1989
Reported in : 1990CriLJ1596; 1989(2)WLN273
..... . mehta died during this period.6. mr. singhvi, learned counsel for the petitioners submits that the learned additional sessions judge has not approached the matter in correct perspective and has acted as an appellate court. learned counsel submitted that it is clear that stocking of the fodder has created a great health hazard to the residents of the area as the .....
Tag this Judgment!Court : Rajasthan
Decided on : May-17-1989
Reported in : 1990CriLJ1750; 1989(2)WLN141
..... the other) after the application of his mind. and if that be so, the order passed by the magistrate in the proceeding before us must be characterised as a judicial act and therefore as one performed in his capacity as a court'. their lordships of the supreme court had made only one exception i.e. that when a magistrate calls for .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-10-1989
Reported in : 1991ACJ1129
..... he or his insurance company cannot be absolved of their responsibility unless jaymalsingh discharges his statutory obligations under sections 29, 31 read with section 94 of the motor vehicles act. i, therefore, feel that the learned tribunal was (sic. not) correct in holding that jaymalsingh and the new india assurance co. ltd., jodhpur are not ..... the insurance company has failed to show how completed sale has taken place. in this connection reference may be made to section 96 of the motor vehicles act which clearly lays down that insurance company could only absolve on certain legal defences as mentioned in section 96. but in the present case, the insurance company ..... the third person, the only defences available to the insurance company in such claims are those which are provided by section 96(2) of the motor vehicles act. it is a different matter that the insurance company on account of certain terms or exclusion clauses included in the insurance policy can claim reimbursement from the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-16-1989
Reported in : 1989CriLJ2165; 1989WLN(UC)409
..... are concerned, there is not even a whisper nor a shred of evidence nor anything to show, apart from the presumption drawn by the complainant, that there is any act committed by the directors from which a reasonable inference can be drawn that they could also be vicariously liable. in these circumstances, therefore, it can be said that no ..... of his duties, it can be safely inferred that the manager would undoubtedly be vicariously liable for the offence, vicarious liability being an incident of an offence under the act. hence the order of the high court quashing the proceedings against the manager is liable to be set aside.8. thus, from the above judgment of hon'ble the ..... the right to participate in the business of the firm under the terms of partnership deed10. the above case of state of karnata (supra) was under the drugs and cosmetics act, as are the present revision petitions. so, in view of the case of state of karnataka (sc) the position of the present petitioners, is the same.11. the .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-30-1989
Reported in : 1990WLN(UC)84
..... may 1, 1979 and the information by the accused under section 27 of the evidence act was furnished to the investigating officer on may 5, 1979, after the accused-petitioner was arrested and the property was recovered. it can be said that the stolen ..... was identified in the court by the witnesses. thus the recovery of stolen property on the basis of discovery statement of the accused under sec 114a of the evidence act was made and the learned courts below could have presumed that the accused-petitioner is either a thief or receiver of the stolen property of theft which took place on ..... record, the fact of discovery statement made by the accused-petitioner consequent upon which recovery of stolen property from the gold-smith in view of section 114a of the evidence act, and therefore, the accused-petitioner could be convicted.3. so far as the delay in lodging the fir is concerned it may be stated that a bare reading of .....
Tag this Judgment!Court : Rajasthan
Decided on : May-03-1989
Reported in : 1990(1)WLN318
..... exists this court can in a proper case, whether the alternative remedy has been availed or not, if satisfied that the state or its officer have acted arbitrarily or have acted in a discriminatory manner, is competent to invoke its powers under article 226 of the constitution of india. we, therefore, do not agree with the ..... first, we may deal with preliminary submissions of the respondent. this is true that an appeal lies to the divisional commissioner under section 9 a of the act against an order passed by the commissioner, excise. this is also true that the petitioner has not availed of this remedy by filing an appeal before the divisional ..... on various counts. certain preliminary submissions have also been made regarding the maintainability of the writ petition. it has been submitted that under section 9a of the act, the petitioner could have filed an appeal to the divisional commissioner from the order passed by the excise commissioner and since the petitioner has not availed of this .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-07-1989
Reported in : 1990(1)WLN406
..... alias amru to commit the murder of shivlal. section 34, ipc has no applicability against the appellant. killing of shivlal by amarjeet singh alias amru was his individual act. the murder was not committed in furtherance of the common intention of the appellants.14. the conviction of the appellants under sections 326, 324 and 323/34 ipc ..... complaint party who started digging the appellant's field. in these circumstances, the killing of shivlal by amarjeet singh alias amru should be taken to be his individual act. the appellants cannot be imputed with the sharing of the common intention for killing shivlal reliance in support of the contention was placed on a member of decisions of ..... participated in that common intention. the dominant feature of section 34 ipc is the element of participation in action. this participation need not be by any physical act. the participation will include even the verbal instigation or incitement given by one to the other. how ever, the common intention implies .....
Tag this Judgment!Court : Rajasthan
Decided on : May-24-1989
Reported in : 1990(1)WLN450
..... as adulterated. after obtaining necessary sanction from the district magistrate, mewalal was prosecuted for offence under section. 7/16 of the prevention of food adulteration act, 1954 (for short, 'the act'). the contention of the accused-respondent was that the sample of 'gur' which was taken by the food inspector, was not meant for human consumption ..... in defining the word, 'food', their lordships have observed as under:according to the definition of 'food' which we have extracted above for the purposes of the act, any article used as food or dridk for human consumption and any article which ordinarily enters into or is used in the composition or preparation of human food.' ..... human consumption. the learned cjm, therefore, no doubt, discussed in his judgment regarding the costs of both the 'guts' and also that the schedule attached to the act, did not mention 'raskat-gur', but, be failed to appreciate the difference in the prices of the 'gur' for human consumption and the 'raskat-gur'. the .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-19-1989
Reported in : 1990(1)WLN454
I.S. Israni, J.1. This S.B. Crminal appeal under Section 374(2), Cr.PC has been filed against the judgment and order dated 1st April, 1981, passed by learned Additional Sessions Judge, Kota, in Sessions Case No. 46/1979, by which accused appellant Babu alias Om Prakash was convicted for offence under Section 307 read with Section 34, IPC and sentenced to rigorous imprisonment for three years and accused-appellant Satyendra Prakash was convicted for offence Under Section 307, IPC and sentenced to similar imprisonment.2. It will suffice to state for the purposes of this appeal that Kaloo Lal submitted a written report to SHO, Kunhadi on January 7, 1979 at Kunhadi Petrol Pump, wherein it was alleged that in the morning at about 10 a m. Om Prakash alias Babu and his brother Satyendra Prakash has injured his brother Chittarlal with knife. Lot of blood has oozed from his stomach and he has been admitted in the hospital as his condition was, serious. It was further alleged that his brother wa...
Tag this Judgment!Court : Rajasthan
Decided on : Mar-23-1989
Reported in : 1990CriLJ1754; 1989(2)WLN296
ORDERM.C. Jain, J.1. These revisions are directed against the order dated 6-9-82 passed by the learned Judicial Magistrate, first class, No. 2 Bikaner whereby cognizance was taken against the present petitioners of the various offences and also against Uttam Chand and Hanuman for the offences Under Sections 147, 336, 323 and 325, I.P.C. and charges were ordered to be framed against the accused petitioners Vishnu, Padamchand and Sohanlal for the aforesaid offences except offence Under Section 427 for which they were already charged.2. Charge-sheet was presented against all the accused persons for the aforesaid offences after hearing arguments before charge. The petitioners Vijaya Bai and Jia Bai were discharged by the learned Magistrate on 3-10-80. The other accused petitioners in another revision were also discharged of the offences Under Sections 147, 325, 336 and 323, I.P.C. and the three accused persons namely Sohanlal, Padamchand and Vishnu were charged for the offence Under Sectio...
Tag this Judgment!