Court : Rajasthan
Decided on : Jan-31-1991
Reported in : 1992CriLJ273; 1991(2)WLN229
..... which the parties have compromised. the wife has started living amicably with her husband. the wife has, thus condoned the offence of matrimonial cruelty. under the hindu marriage act, an act of cruelty by husband can be condoned by the wife and that puts an end to the offence of matrimonial cruelty. technically speaking, a hindu marriage like any other ..... policy, try for re-conciliation between the parties so that the disputes are settled and a happy matrimonial life begins. in the present case, the learned magistrate has acted wisely in permitting the parties to compound the offence. if the case would have been allowed to proceed, it would have led to further ill-will between the wife ..... the state has at all filed this petition for leave to appeal when the matter had been amicably settled between the parties. it does not behave the state to act in a too technical manner, in such matter. to my mind, reopening of the dispute is bound to create a storm in the calm waters of domestic felicity .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-22-1991
Reported in : 1992(61)ELT268(Raj); 1992(3)WLC513
..... have been constituted for adjudication of disputes in such matters. this court cannot substitute itself in place of various authorities and the tribunals constituted under the act. the supreme court as also this court has time and again held that this court should not interfere in exercise of its extraordinary jurisdiction under ..... affect the case of either of the parties. in our considered opinion, an equally effective and efficacious remedy is available to the petitioners under '1944 act'. this court will not ordinarily interfere in such matters unless an aggrieved party has exhausted alternative remedies available under the statute. most of the taxing statutes ..... undisputed facts the taxing authorities are shown to have assumed jurisdiction which they do not possess. in attempting to bypass the provisions of the income-tax act by inviting the high court to decide questions which are primarily within the jurisdiction of the revenue authorities, the party approaching the court has often to .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-09-1991
Reported in : 1993CriLJ1228; 1992(1)WLC754
..... receiving and making payments in india, unauthorisedly under the instructions of persons, residing outside india, in violation of the provisions of the foreign exchange regulation act, 1973. the government was satisfied that the aforesaid transactions indulged in by bashir khan had affected the foreign exchange resources of the country adversely. even ..... facts mentioned in the grounds of detention (annex. 4), it was necessary to detain him under the conservation of foreign exchange and prevention of smuggling activities act, 1974 (for short, hereinafter, 'cofeposa'), with a view to preventing him from indulging in activities prejudicial to the augmentation of the country's foreign ..... continue with his activities of making 'hawala' payments for easy money-making.9. the learned counsel for the petitioner first contended that the prejudicial acts specified in the order of detention, related to transactions carried on by rashid khan in the past and the grounds did not disclose any apprehension .....
Tag this Judgment!Court : Rajasthan
Decided on : May-13-1991
Reported in : 1992CriLJ3168; 1991(2)WLN402
..... 323, i.p.c. against shriram, surjaram and krishan and under section 324, ipc against ratiram and extended to them benefit of the provisions of probation of offenders act. aggrieved by the aforesaid conviction and sentence the accused-appellant hariram has preferred this appeal.4. mr. ganpat ram appearing on behalf of the accused-appellant submitted that ..... but they had not been named in the f.i.r. he admitted that all the witnesses produced in the case, namely, surendra singh, prabhati, ram ballabh, bal kishan, harchandi hansaram are belonging to one family being grand-son of kallu. he could not assign the reason for not mentioning the names of independent witnesses ratan and ..... lodged in the presence of hansaram injuried at the place of occurrence which runs contrary to the statement of p.w. 1 charan singh.10. p.w. 6 bal kishan is yet another eyewitness who happened to pass through the way on that morning. he stated that ratiram, surjaram, shriram and krishan were placing chhadies near .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-26-1991
Reported in : AIR1992Raj7; 1991(1)WLC551; 1991(2)WLN286
..... rightful ownership-- (a) transit pass, issued by the forest deptt. (b) permission issued by collector to the land holder under the provisions of landrevenue act or tenancy act; (c) certificate from gram panchayat tortimber obtained from the trees standing in theland holding of gram panchayats; for feltingfor which the permission of the collector ..... measures do not constitute restrictions, under either provision. there is a violation of the freedom guaranteed by article 301 only where a legislative or executive act operates to restrict trade, commerce or intercourse, directly and immediately, as distinct from creating someindirect or inconsequential impediment which may be regarded as remote ..... of the rules, we are satisfied that the power given covers the purported exercise of it and that no other provision in the rajasthan forest act, 1953 is being infringed.22. another aspect of the controversymay now be considered and that is whetherthe rules challenged are prohibitive or regula-- tory .....
Tag this Judgment!Court : Rajasthan
Decided on : May-06-1991
Reported in : 1991WLN(UC)324
..... of residence and not for running printing press. dr. gopal dass verma v. dr. s.k. bhardwaj : [1962]2scr678 , relates to a case governed by delhi rent control act and residential premises were also used with the consent of the landlord for professional purpose. in section kartar singh v. chatnan lal and ors. : [1970]1scr9 , premises were ..... decreeing the suit for ejectment on the ground mentioned in clause (i) of sub-section (1) of section 13 of the rajasthan premises (control of rent & eviction) act, 1950 without any pleading and issue, simply on the basis of the admission of the defendant and all his witnesses that a* residential house in sector 11, hiren magri, ..... alteration has been effected in it and the ground of default has ceased to exist as amount of rent and interest determined under section 13(3) of the act was duly deposited in time and amount equivalent to monthly rent was being regularly deposited. the plaintiff-respondent filed an appeal. it was heard and decided by the .....
Tag this Judgment!Court : Rajasthan
Decided on : May-01-1991
Reported in : 1992ACJ730
..... record to indicate that stone pieces or thorny bushes were scattered on the road to warn the incoming vehicles and to avoid collision with them. section 81, motor vehicles act, 1939 runs as under:81. leaving vehicle in a dangerous position.--no person in charge of a motor vehicle shall cause or allow the vehicle or any trailer to ..... and they deserve to be reduced.7. the learned counsel for the claimants of both the claim petitions duly supported the findings of the tribunal on rash and negligent acts of the drivers of the two vehicles and they contended that the amounts of compensation awarded are not adequate and they deserve to be enhanced.8. the first question ..... the appellant, oriental fire & genl. ins. co. ltd., contended that the tribunal seriously erred to hold that the accident took place on account of the rash and negligent act of the truck driver also. he also contended that the accident took place due to rash and negligent driving on the part of the bus driver and if he would .....
Tag this Judgment!Court : Rajasthan
Decided on : May-01-1991
Reported in : 1993ACJ478
..... record to indicate that stone pieces or thorny bushes were scattered on the road to warn the incoming vehicles and to avoid collision with them. section 81, motor vehicles act, 1939, runs as under:81. leaving vehicle in dangerous position.-no person in charge of a motor vehicle shall cause or allow the vehicle or any trailer to remain ..... and they deserve to be reduced.7. the learned counsel for the claimants of both the claim petitions duly supported the findings of the tribunal on rash and negligent acts of the drivers of the two vehicles and they also contended that the amounts of compensation awarded are not adequate and they deserve to be enhanced.8. the first ..... the appellant oriental fire and general insurance co. ltd. contended that the tribunal seriously erred to hold that the accident took place on account of the rash and negligent act of the truck driver also. he also contended that the accident took place due to rash and negligent driving on the part of the bus driver and if he .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-12-1991
Reported in : 1991(1)WLN391
N.L. Tibrewal, J.1. The petitioners are facing trial in the Court of Additional Sessions Judge No. 2 Alwar for the offences under Sections 366, 376 and 392 IPC. The incident is said to be of 20.4.90, while the report of the incident was lodged on 23.4.90 at 12.15 P.M. by Smt. Chiriya who is an elderly woman aged about 35 years or so. In the said report, she implicated the petitioner and two other co-accused persons to have taken her in a jungle and committed rape on her thrice by each of them.2. After registration of the case, the police submitted a charge sheet against the accused persons and now they are facing trial as stated above.3. The petitioners had approached to this Court for grant of bail prior to the present bail application and the said application was dismissed of on 31.8.90 with the following observations:The submissions of the learned Counsel for the petitioners can be properly appreciated after the statement of Smt. Chiriya is recorded in the trial Court and a full fle...
Tag this Judgment!Court : Rajasthan
Decided on : Mar-27-1991
Reported in : 1991(1)WLN507
N.C. Sharma, J.1. Heard. According to the Analysis Report of the Assistant Agriculture Chemist, specification as per FCO was 16.0 percent P205 Composition of the fertiliser has found after analysis 15.6 percent. Permissible tollerance limit is 0.1 unit. Variation was 0.4 unit. Looking to this small variation, the application deserves to be allowed.2. It is ordered that the petitioners (1) Laxminarayan S/o Ganesh and (2) Ramkaran S/o Hanuman Sahay Pooniya, it sought to be arrested by the SHO Police Station Shahpura (Dist. Jaipur), in pursuance of FIR No. 38/1991, on their furnishing personal bonds in the sum of Rs.6,000/- (Rs. six thousands) with two sureties in the amount of Rs.3,000 each, to the satisfaction of the SHO of the said Police Station, to appear before him for interrogation, whenever called upon to do so, be released on bail....
Tag this Judgment!