Court : Rajasthan
Decided on : Jul-24-1990
Reported in : 1990(2)WLN499
N.L. Tibrewal, J.1. The appellant stood convicted Under Section 376 IPC by the learned Sessions Judge, Balotra in Sessions Case No. 34/78 and was sentenced to two years R.I. and a fine of Rs.5000/-. In default of payment of fine the appellant was further required to under go three months R.I.2. The prosecution case, as given out in the report Ex.D/1, is that in the afternoon of 12.9.77 Mst. Premi was returning to her house from the field after harding over the meals to his brother Jetha. It is alleged that the accused Rekha Ram caught hold of her in the way and committed sexual intercourse without her consent. The prosecution case further is that P.W. 4 Labu and P.W. 5 Mukna heard the noise of Mst. Premi and they rebuked the appellant.3. It is note worthy that no report was made about the occurrence on 12.9.77, though Mst. Premi is said to have narrated the story to her mother on the same day in the evening and his brother Jetha had also come at the house on the same day. The report of...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-09-1990
Reported in : 1990(2)WLN512
..... placed reliance on decision of their lordship of the supreme court in marathwada university v. seshrao bal want chavan 1989(3) scc 132 wherein it has been observed that it is a settled principles of law that when the act prescribes a particular body to exercise a power, it must be exercised only by that body. ..... parekh has submitted that in pursuance of the above decision of mohan lal sukhadiya university, shri i.s.bhandari controller of examinations of mohan lal sukhadiya university acted as a representative of the raj. agriculture university for conducting the examinations and as the examinations were conducted by him in his capacity as controller of ..... were conducted, the statutes of the rajasthan agriculture university were not in existence. now let us see whether the vice chancellor of the rajasthan agriculture university has acted beyond the scope of his powers.29. section 2 of the rajasthan agriculture university article 198 relates to the definitions. s.2(1) defines 'regulations' as .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-12-1990
Reported in : 1990(2)WLN555
K. Bhatnagar, J.1. This appeal is directed against the Judgment dated 28'th of October, 1983 passed by the learned Sessions Judge, Bhilwara, by which appellant Prem Singh was convicted Under Section 302 IPC and sentenced to imprisonment for life and a fine of Rs. 200/-, in default to undergo one month's simple imprisonment.2. Briefly stated, the prosecution case is that appellant Prem Singh and his wife deceased Ganda were not on good terms. Prem Singh was not managing for the livelihood of Ganga and her children as such Ganga was living separate from the appellate, with his son Kalu Singh (PW 1). That, on 1.5.83, Prem Singh, with an axe on the handle of a cycle, went to Sunaron ka kunwa] where his son Kalu Singh along with Sohan Lal Lohar and Shri Ram Gujar was sitting. The appellant told him that he would kill Ganga. Appellant then left the field and went to house of Ganga and killed her with axe while she was grinding salt. Roop Singh (PW 3) and pulley Singh (PW 2) are said to have ...
Tag this Judgment!Court : Rajasthan
Decided on : Mar-01-1990
Reported in : 1990(2)WLN73
..... . in order to appreciate the difference between civil contempt and criminal contempt, a reference be again made to the definitions as given under section 2 of the act. civil contempt means, wilful disobedience of any order of the court which includes judgment, decree, direction etc. while criminal contempt can be committed by publication of ..... the application is described as a criminal contempt petition, it cannot be said to be conclusive because ultimately the nature of the contempt would depend upon the act of non-petitioner. the petitioner in this case has described this contempt petition as a criminal misc. contempt petition because it arises out of the order ..... and on consideration thereof, decide to take cognizance of the case and direct the issuance of notice in accordance with the provisions of section 17 of the act. in this particular case no order taking congizance had been passed at all as the chief justice while passing an administrative order regarding initiation of disciplinary .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-07-1990
Reported in : 1990(2)WLN93
N.C. Sharma, J.1. Appellant Gopal has been found guilty for the offence Under Section 328, IPC for administering poison or other thingh with intent to commit or to facilitate commission of an offence and has been sentenced by the Additional Sessions Judge No. 1, Jaipur City by his judgment dated September 16, 1982 to rigorous imprisonment for a term of 2 1/2 years and also with a fine of Rs. 500/-. The convict has come in appeal to this Court.2 The prosecution case is that Abdul Mazid (PW 1) owned an auto-rickshaw. On August 5, 1981. Abdul Mazid had given his auto-rickshaw to Gopal for driving at 2 p.m. on August 2, 1981. At about 11 p.m., Abdul Mazid was standing near Rajmandir Cinema, Jaipur along with his two friends Ikrar and Sethi. The appellant was also there and he was nothing the numbers of the auto vehicles in the order in which they were to be hired by the customers. It was further mentioned that the appellant also drives the taxi held by Abdul Mazid Abdul Mazid instructed th...
Tag this Judgment!Court : Rajasthan
Decided on : Jul-26-1990
Reported in : 1990(2)WLN150
N.L. Tibrewal, J.1. The appellant was convicted Under Section 459 IPC and sentenced to three years R I. and a fine of Rs. 50/- by Shri D.C. Hajela, learned Scissions Judge, Dungarpur, vide his judgment dated September 28,1979. Aggrieved against his conviction and sentences, the appellant has preferred this appeal.2. The facts of the case are that a report was lodged at Police Station Dungarpur at 5.30 p.m. eon 17-5-1979. This report was made by Smt Durga P.W. 1. In the said report it was alleged by her that she was sleeping at the house of her 'Jethani' (wife of husbands elder brother), while she was sleeping, on a cot her 'Jeth' Soma his wife Smt. Tulsi & Soma's son Gautam were also sleeping at the same place. It was further stated in the reprot that at 1.00 a m, in the night of 16-5-1979, the appellant Thanwara came and inflicted a lathi blow on her face, on account of which one teeth was broken. It was also stated in the report that on her cry, Soma, Smt. Tulsi and Gautam work up an...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-07-1990
Reported in : 1990(2)WLN208
..... of the wound, the infection may be caused. considering this position, the appellant cannot be said to be having the knowledge that the act done by him was likely, in the ordinary course of nature, to cause death of bhanwar lal.15. in the result, we accepted ..... for purposes of' these offences it is to be seen that a person who has caused the death, did so by doing an act with knife intention of causing death or with the intention of such bodily as is likely to cause death or with the knowledge' that ..... looking to the injuries which were inflicted, as has been seen above, we cannot arrive at an inference that the appellant acted with the intention of causing death. in the present case' it is difficult to decide whether the appellant bad the knowledge that he is ..... likely, by his act, to cause death because death has been due to a cumber of circumstances, other thin the injuries which has been inflicted by .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-27-1990
Reported in : 1990(2)WLN214
Kanta Bhatnagar, J.1. Appellants Gheesa and Narain along with eight others were tried for the charges Under Sections 147, 148, 302, 307, 323 load with 149, IPC by the Additional Sessions Judge, Bhilwara. Vide judgment dated August 29, 1985 eight accused were acquitted of the charges. Gheesa appellant was bow ever held guilty Under Sections 302/34 and 323/34, IPC and sentenced to imprisonment for life and a fine of Rs. 150/- in default of payment of fine to undergo three months RI on the first count and three months RI on the second count. Narain appellant was held guilty Under Section 302/34, IPC and sentenced to imprisonment for life and a fine of Rs. 150/-, in default of payment of fine to undergo three months RI Gheesa and Narain have referred this appeal against that judgment.2. The prosecution case was that P.W. 20 Sohan Singh, ASI Biged Police Station bad gone to Bigod from Police Chowki Barundi in connection with investigation of a case. While returning to the police station on ...
Tag this Judgment!Court : Rajasthan
Decided on : Oct-26-1990
Reported in : 1990(2)WLN335
..... j.1. the income tax appellate tribunal, jaipur bench, jaipur, referred the following question for the opinion of this court under section 256(1) of the income tax act:whether on the facts and in the circumstances of the case, the appellate tribunal has rightly held that the assessee is not entitled to deduction for vacancy allowance under section ..... filed by the assessee and held that the deduction on account of vacancy was allowable in view of the amendment to section 24(1)(ix) of the income-tax act, 1961, with effect from 1.4.1977. aggrieved with the order passed by the appellate assistant commissioner, allowing the vacancy allowance, the revenue preferred an appeal before ..... , by its judgment dated 29.9.80, allowed the appeal filed by the revenue. the assessee thereafter moved an application under section 25(1) of the income-tax act to refer the two questions, mentioned in the application, for the opinion of the high court. the tribunal, by its order dated 18.12.81 referred only one .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-16-1990
Reported in : 1990(2)WLN372
..... understanding. therefore, the trial is liable to be vitiated. mr. bishnoi has ruther submitted that the accused petitioner may be granted the benefit of probation of offenders' act which the learned lower court has not considered.3. learned public prosecutor has submitted that there is concurrent finding on facts arrived at by both the courts-below, hence ..... , no interference is called for. he has further submitted that benefit of probation of offenders' act cannot be extended due to the death of a young boy.4. i have considered the arguments advanced by both the learned counsel and have gone through the ..... to resent him to jail. therefore, i am of the view that the ends of justice would be served, if, the benefit of the probation of offenders' act is extended to the accused petitioner and he will be released ok probation.7. in the result, the revision petition of the accused petitioner-kaushal singh is partly allowed .....
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