Court : Rajasthan
Decided on : May-28-1991
Reported in : 1991(1)WLN369
..... (2) of the said section shall apply to police officials, of all ranks, charged with the maintenance of public order, wherever they may be serving.the police act, 1861 (act no. 5 of 1861) was enacted to re-organise the police and to make it more efficient instrument for the prevention and detention of crime. the word ' ..... of the lt. governor is imperative, provided the offence alleged to have been committed by such members of the delhi police force has been committed while acting or purporting to act in discharge of their official duty.therefore, the contention of the learned counsel for the complainant that the three constables do not fall in the purview of ..... avoid service because they happen to occupy the post in police department, their conduct deserves to be examined by a responsible police officer so that such irresponsible acts on the part of a police officers in avoiding the service of summons/warrants and further their non-appearance in the courts on various dates of hearing without .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-05-1991
Reported in : 1991(1)WLN418
Mohini Kapur, J.1. Seven appellants before us, were tried by the Sessions Judge, Alwar for the offences Under Sections 302, 302 read with Section 149, and Section 148 IPC. By his judgment dated 17th May, 1989 the learned Sessions Judge found all of them guilty of offences Under Sections 302, 302/149, and 148 IPC and sentences them for life imprisonment and a fine of Rs. 250/- for the offence Under Section 302 IPC or 302/149 IPC and six months imprisonment for the offence Under Section 148 IPC. In default of payment of fine they were to undergo three months rigorous imprisonment. All the seven appellants have preferred this appeal against their conviction and sentence.2. Seven accused in this case are members of two families. Hurmat and his three sons are accused and Amin Khan and his two sons are accused. Thus the accused consisted of two families, while the complainant party consists of Bhurekhan and his son Asin and daughter Mariam and grand son Vali Mohammed, who is son of Asin and ...
Tag this Judgment!Court : Rajasthan
Decided on : Mar-27-1991
Reported in : 1992(1)WLC267; 1991(1)WLN464
..... because motive to commit the crime is a suggestive condition of the mind and only the perpetrator of the crime can know what motivated him at a particular moment to act in a particular way. as such all that can be said is that the motive to commit the crime is not known.18. mohd. sadeek has stated about 'kassi' being .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-27-1991
Reported in : 1991(1)WLN522
..... with any amount of certainity that he intended to cause a blow on her head with the intention of killing her. it was an act done in sudden passion of anger. it appears that he only wanted to chastise his wife for not paying him money. it is purely ..... of injury and relationship between the deceased and accused person, this court was of the view that accused can be attributed the knowledge that his act was likely to cause death but he cannot be attributed the intention to cause death, the offence covers only under section 304 part ii, ..... of maharashtra : 1978crilj995 their lordships observed that before the provisions of section 304 may be applied with the act committed by the accused, it cannot be said that the injury caused by the accused was a cruel one or the accused did not ..... act in cruel manner.18. in bhagwan munjaji pawade v. state of maharashtra (1970 scc (3)330) their lordships have .....
Tag this Judgment!Court : Rajasthan
Decided on : May-28-1991
Reported in : 1991(1)WLN541
..... avoid service because they happen to occupy the post in police department, their conduct deserves to be examined by a responsible police officer so that such irresponsible acts on the part of a police officers in avoiding the service of summons/warrants and further their non-appearance in the courts on various dates of hearing ..... and sentences were set aside by the high court of andhra pradesh in appeal.the prosecution case was that these persons caused injuries to one arige ramanna, acting in concert for the purpose of extorting from him information which might lead to the detection of an offence and restoration of stolen property. it was also ..... of the lt. governor is imperative, provided the offence alleged to have been committed by such members of the delhi police force has been committed while acting or purporting to act in discharge of their official duty.therefore, the contention of the learned counsel for the complainant that the three constables do not fall in the purview .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-30-1991
Reported in : 1993ACJ183
..... shiv kumar died as a result of the accident arising out of and in the course of his employment. the appellant mill is liable under section 3 of the act to pay compensation.13. the claim petition cannot be dismissed on the ground that insurance company has not been impleaded as a party. reference of k.p. kurian v ..... an accident and he died during the course and in the employment of the appellant mill are findings of fact. he also contended that the provisions of the evidence act do not apply in these proceedings and the commissioner for workmen's compensation has properly and correctly appreciated the evidence on record. he further contended that the accident occurred ..... milap chandra jain, j.1. this appeal has been filed under section 30 of the workmen's compensation act (hereinafter to be called 'the act') against the order of the workmen's compensation commissioner, sriganganagar, dated september 30, 1988, awarding compensation, interest and penalty to the tune of rs. 37,831/-, rs. 4, .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-08-1991
Reported in : 1991(1)WLN358
N.K. Jain, J.1. This common judgment will decide both, the murder reference as well as the Criminal appeal filed by Moda Ram.2. The prosecution case is that Mana Ram and Moda Ram are brothers, sons of Bheru Ram, he has two more sons Harisingh and Jala Ram. The agricultural land is in the name of Bheru Ram and the partition had not take place but as Moda Ram wanted large share, relations between Mana Ram and Moda Ram were strained. The informant PW 5 Mana Ram has been living at Jamnagar for the last 4 years. His wife, 3 sons and one daugther have been living at Kundanpura. On the basis of information of Kesharam PW 6 that he saw Raju with Moda on 6.6.1989. PW 5 Manaram filed a written report Ex. P. 31 on 30.6.1989 at 6 A.M. which was reduced in writing as Ex. P. 7 alleging that on 6.6.1989, the appellant Modaram came to the residence of Mana, where his wife PW 8 Smt. Phuli and PW 9 Sheru were present. In their presence he allured his son Raju who was playing there, to leave with him to ...
Tag this Judgment!Court : Rajasthan
Decided on : Feb-25-1991
Reported in : 1991(1)WLN450
N.K. Jain, J.1. This appeal is directed against the order of learned Sessions Judge, Pali dated 15-4-1989 whereby he has convicted the accused appellants Under Sections 302, 148 and 458 IPC and sentenced them as follow:(i) Under Section 148 IPC: 3 years R.I.(ii) Under Section 458 IPC: 14 years R.I. and a fine of Rs. 100/- and in default of payment of fine to further undergo R.I. of one month.(iii) Under Section 302/149 IPC: To life imprisonment and a fine of Rs. 100/- in default of payment of fine to one month R.I.with a direction that all the sentences shall run concurrently.2. Brief facts of the prosecution case are that a dispute existed between Nathuram cousin of Motaram on one side and Tejaram, Ramlal on the other side and a case regarding agricultural land was pending between the parties. On 13-2-91 Motaram was sleeping in his house. At about 1 A.M. he was aroused from sleep on hearing the cries of his brother Ramlal who was sleeping in the Nohra alongwith his mother. He opened t...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-21-1991
Reported in : 1991(1)WLN1
..... under the next following sub-section to the competent authority at the earliest opportunity. this section, therefore, not being designed to enable the vice-chancellor to act as a substitute for the various statutory authorities of the university in academic matters, there can be no question of its being unconstitutional on the grond of ..... excessive delegation. but accepting that the vice-chancellor could not have acted under section 12(5) in making the regulation, the validity of that regulation is not adversely affected if it could be passed under any alternative valid authority ..... the action of the vice- chancellor as per the affidavit filed by the registrar of the respondent university. thus, the requirement of section, 12(5) of the act was squarely fulfilled in the present case.19. mr. mridual, learned counsel for the petitioners, submitted that under regulation 58(a) in case of emergency, the .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-29-1991
Reported in : 1992(1)WLC665; 1991(2)WLN459
..... election in question. the law declared by this court is binding on all subordinate courts and tribunals including domestic tribunals like arbitrators appointed under section 75 of the act. see calcutta gas company (proprietary) ltd. v. state of west bengal and ors. : air1962sc1044 .17. now, we may consider the facts of the ..... in calcutta discount co. ltd. v. income tax officer, companies district i, calcutta and anr. : [1961]41itr191(sc) , that where the executive authority acted without jurisdiction and the subject was likely to be subjected to lengthy and dilatory proceedings, the court could intervene. in bar council of delhi and anr. v. ..... m/s. baburam prakash chandra maheswari v. antarim zila parishan now zila parishad : [1969]1scr518 , in which it was held that where the tribunal acted under the provisions which were ultravires and continued proceedings in violation of principles of natural justice the courts would intervene, notwithstanding the existence of an alternative remedy. .....
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