Court : Rajasthan
Decided on : Mar-22-1994
Reported in : 1994(2)WLC171; 1994(1)WLN420
..... imprisonment for life.' section 113b, evidence act raises a presumption as to dowry death. it provides as under:'section 113b. presumption as to dowry death: when the question is whether a person has committed the dowry death ..... shall be deemed to have caused her death.explanation - for the purposes of this sub-section, dowry shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961) (2) whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-17-1994
Reported in : [1995(71)FLR599]; (1996)ILLJ149Raj; 1995(3)WLC596
..... a benefit due to him. it was not as if the parliament was not aware that the same workman may he governed by the provisions of both the acts. the two remedies are independent and alternative. one does not exclude the other. in such a situation the principle 'generatia specialibus non derogant' will not be ..... 16, 1983 (ex.1). thereafter, the petitioner moved an application under section 33c(2) of the industrial disputes act, 1947 before the learned judge, labour court. the learned judge after considering the material on record dismissed the application. hence, this writ petition. 3. this writ ..... 1855-95 due to alleged absence from dutyfrom december, 1977 to february, 1979. the petitioner moved an application under section 15(2) of the payment of wages act, 1936 before the payment of wages authority but the learned authority dismissed the application on the ground that the claim application is time barred vide order dated february .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-06-1994
Reported in : 1995CriLJ1376; 1995(2)WLC730
..... of mr. goyal, learned counsel for respondent no. 2 has substance and the act of learned city magistrate, udaipur cannot be treated as contempt of court but it can be treated as an error of judgment, which can be set aside and no action ..... contempt of court.22. mr. s. k. goyal, learned counsel for respondent no. 2 also invited my attention towards the provision of section 3 of the judicial officers protection act according to which if some judicial order is passed in bona fide belief then such orders are not open for action against judl. officer. in my humble opinion, the argument ..... considered opinion the proper course, in view of the aforesaid circumstances, open for the city magistrate, was to see that the defendant-opposite party should not have allowed to act which may occasion a breach of peace or disobedience of the order passed by the learned single judge of this court on 22-5-84. in order to meet .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-28-1994
Reported in : 1994CriLJ2750; 1994(1)WLC487; 1994(1)WLN215
..... safeguard the interest and welfare of children.5. before i take up the controversy raised before me, it would be fruitful to refer some of the relevant provisions of the act. section 2(d), (e), (h), (i) and (n) defines the expression 'competent authority', 'delinquent juvenile', 'juvenile court' and 'offence' respectively as ..... to the enactment have been extensively stated in the statement of objects and reasons as under:-a review of the working of the existing children acts would indicate that much greater attention is required to be given to children who may be found in situations of social maladjustment, delinquency or neglect ..... protection treatment, development, rehabilitation of neglected or delinquent juveniles and for the adjudication of certain matters relating to, and disposition of, delinquent juveniles'. the act is a beneficial and socially oriented legislation and reflects the anxiety and the reformative will of the nation towards the neglected and delinquent children. the lofty .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-26-1994
Reported in : 1995CriLJ618; 1995(1)WLC124
..... earlier, the state of rajasthan has already declared the assistant agricultural chemist (quality control), durgapura, jaipur, as insecticide analyst under section 19 of the act. therefore, in such circumstances, the insecticide inspector was duty bound to have sent the sample for test or analysis to the said insecticide analyst in ..... control insecticide laboratory, durgapura, jaipur has been established and the analyst thereof has been empowered for the analysis of insecticide samples.12. section 21 of the act describes powers of the insecticide inspector. clause (e) of sub-section (1) of section 21 proclaims that the insecticide inspector shall have power to ..... /s rathi pesticides and fertilizers, mathania (non-petitioner no. 3) by the insecticide inspector, jodhpur for the purposes of analysis under section 22 of the act. one of the sealed sample was sent to the insecticide analyst, regional pesticides testing laboratory, chandigarh (in short rptl). the senior technical assistant, rptl, .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-30-1994
Reported in : 1995CriLJ1020; 1995(2)WLC499
..... the appellant immediately before her death in connection with any demand for dowry. therefore, the third basic ingredient for attracting the provisions of section 113b, evidence act and for constituting the offence under section 304b for 'dowry death' does not stand proved. therefore, the learned trial judge has committed serious illegality in drawing ..... presumption against the appellant under section 113b, evidence act.20. pw 7 abhimanyu singh, dy. s. p. who conducted the investigation, has specifically staled that on the day of the alleged occurrence, appellant jai ..... not been proved that the appellant was present at the time of the alleged occurrence and, therefore, he cannot be held guilty or vicariously liable for the acts done by co-accused persons. in the instant case, co-accused have already been acquitted by the trial judge. therefore, in my considered opinion, the .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-25-1994
Reported in : 1994CriLJ2348; 1994(1)WLN668
..... recent and unexplained possession of stolen articles can be taken to be presumptive evidence of the charge of murder as well under illustration (a) of section 114, evidence act, but in the case in hand, the prosecution has miserably failed to prove beyond any reasonable doubt that the commission of the murders of deceased persons and the ..... he came in possession thereof nor he claimed those 'kadlas' belonging to him.19. thus, taking a presumption under illustration (a) of s. 114 of the evidence act, the learned sessions judge has convicted the appellant raju ram for the offences under sections 302, 460 and 404, i.p.c.20. p.w. 21 yasin khan has ..... smt. sua devi has correctly identified all those ornaments belonging to her mother. therefore, the learned trial judge has rightly drawn a presumption under section 114 of evidence act that the appellants were the persons, who had committed the murders of smt. sua devi and bastimal. mr. bohra has also reiterated the reasonings given by the learned .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-21-1994
Reported in : 1994CriLJ2451; 1994(2)WLC298; 1994(1)WLN691
..... learned addl. sessions judge, raisingh nagar in sessions case no. 39/85, whereby the appellant was found guilty for the offences under section 302, ipc and section 27, indian arms act and sentenced to life imprisonment with a fine of rs. 200/ - and in default to further undergo two months' simple imprisonment under the first count and rigorous imprisonment for one ..... mentioned above, we are of the firm opinion that the prosecution by adducing clear, cogent and convincing evidence has proved the offence under section 302, ipc and sec. 27, arms act against the appellant to its hilt and the learned trial judge has not committed any illegality either of fact or of law in convincing him for the said offences. the .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-06-1994
Reported in : 1995CriLJ2744
..... khan after registration of the case on the same day. she had specifically stated the names of magna and teja as assailants of mangilal and attributed their respective overt acts. mangilal became unconscious and was immediately taken to primary health centre, sayla. pw 12 dr. kotwani recorded his dying declaration on 6-8-83 at 9 a.m ..... pw 5 lachhi ram, bhoma ram and lehra ram, it stands well proved that they had seen accused savia armed with a gun outside the 'mand'. no overt act of samia has been attributed by any witness during trial. accused samia belongs to village umedabad (gole). he had no enmity with lachhi ram or mangilal. immediately after ..... learned sessions judge also held that abovementioned accused persons had no common intention for committing the murder of bhagga ram and, as such, they were not liable for the act of accused savia, who had fired from his rifle causing fatal injuries to bhagga resulting in his death on the spot. therefore, he acquitted accused teja and magna for .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-14-1994
Reported in : 1995CriLJ1345; I(1995)DMC350; 1994(2)WLN653
..... any demand for dowry and, as such, the learned trial judge has committed grave illegality in drawing presumption against the appellants under section 113? of the evidence act. he asserted that immediately after smt. geeta received burn injuries, appellants took her from village hadda to govt. hospital, jaisalmer, where they reached around 11 ..... maltreat and harass the deceased. therefore, the learned trial judge has not committed any illegality in pressing into service the provisions of section 113b, evidence act in drawing presumption against the appellants. she has asserted that the fact that the appellants took smt. geeta to the hospital is not at all sufficient ..... p.c. and such notes can be used for the purpose of contradicting the prosecution witnesses concerned in accordance with the provisions of section 145, evidence act.' the learned trial judge has conveniently ignored these fundamental principles of law regarding proving of a certain fact mentioned in site plan and/or memo thereof .....
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