Court : Rajasthan
Decided on : May-16-1996
Reported in : 1996(1)WLN434
..... suicide within a short period of her marriage and the appellants are responsible for the same.50. the appellants failed to rebut presumption under section 113a, evidence act. they raised a false plea of mental disorlderliness of the deceased.51. therefore, having regard to the totality of facts and circumstances narrated herein before, the ..... cruelty' shall have the same meaning as in section 498a of the indian penal code (45 of 1860)49. so, the appellants, by their persistent conduct and acts created such a suffocating tense and purturbing atmosphere amounting to cruelty and, lastly, the deceased finding herself unable to bear such a surcharged and tense atmosphere, felt compelled ..... above, a mere unnatural death, by way of committing one's suicide, no presumption as provided under section 113a or section 113b of the indian evidence act can come to the aid of the prosecution and hence the prosecution prima facie failed to prove that smt. chooni was ever subjected to cruelty or harassment .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-30-1996
Reported in : 1998ACJ738; AIR1997Raj141
..... whatsoever, termed to be false of vexatious, the learned trial court cannot be held to have exercised its inherent powers without jurisdiction as well as also to have acted either illegally or with a material irregularity in passing the impugned order. the same being just and necessary for the ends of justice, the same cannot be ..... smt. mohni who were their parents, besides kishan singh, their brother was also similarly killed but keeping in view the provisions of section 1a of the fatal accidents act, brothers and sister cannot be deemed to be dependants to claim any benefit on account of the death. however, the plaintiffs having lost their parents in antaneously ..... to death on the spot. as a result, non-petitioner-plaintiffs brought action for damages purporting to be under the provisions of section 1a of the fatal accidents act, 1855 on account of death of their father and mother. it was claimed that the petitioner-defendants who were licensees and owners of the over-head electric wires .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-18-1996
Reported in : 1996CriLJ3086; 1996(2)WLC745; 1996(1)WLN170
..... , notwithstanding the fact that such powers are infringed. it was, therefore, thought fit to put fetters on the governmental powers by enacting section 32a of the act. the other reason that persuades me to conclude is that section 32anarcotics control bureau v. kishanlal, 1991 cr lr (sc) 178 the hon'ble supreme court ..... a problem of transit-traffic in illicit drugs. the spill over from such traffic has caused problems of abuse and addiction. the narcotic drugs and psychtropic substances act, 1985 provides deterrent punishments for drug trafficking offences. even though the major offences are non-bailable by virtue of the level of punishments on technical grounds, ..... above sentence.3. the learned public prosecutor has vehemently opposed the application for suspension of execution of the sentence on the ground that section 32a of the act starts with the non-obstante clause 'notwithstanding' and it places a complete embargo on the powers of the high court to suspend the sentence passed against .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-09-1996
Reported in : 1997CriLJ824
..... and never returned to the house of mahendrasingh.4. learned counsel for the petitioner further submitted that shri mahendra singh has filed a petition under section 13 of hindu marriage act in madras for seeking divorce which is pending in that court. after that in order to harass and implicate all the members of the family in a false case now .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-20-1996
Reported in : 1997CriLJ1365
..... associate, mukesh kumar and they were controlling the activities connected with the same, the prosecution, after investigation, has filed charge-sheet under section 8/15, of the act, against the present petitioner on the ground that he manufactured the opium poppy powder, possessed the same and sold/transported the same illegally thereby contravening the provisions of ..... the milling machine was also found and recovered along with the contraband powder and, therefore, presently, having regard to the mandatory provisions of section 37 of the act, the court cannot prematurely conclude that the petitioner fiid not commit any offence so as to extend him benefit of being released on bail, as prayed for.11 ..... on the basis of the report of bhanwar singh, f.i.r. no. 228-96 under section 8/15 of the narcotic drugs and psychotropic substances act, (for short 'the act) was registered and investigation was taken up by the dy. s.p.3. the present petitioner was already arrested on 7-6-1996 in another case .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-08-1996
Reported in : 1997CriLJ1423
..... the prosecution after his arrest by the police the appellant gave information regarding the weapon of offence, namely, farsi and that information was recorded under section 27 of the evidence act and in pursuance of that information the investigating officer recovered a blood stained farsi which was' seized and sealed then and there and was sent for chemical examination. 21. bhanwar ..... house of the appellant and these things annoyed the appellant besides the appellant used to ask her not to go to the house of mohammedans for earning her bread by acting as labourer and this was the reason why she was assaulted by the appellant. smt. miremi p.w. 8 has categorically denied having any illicit relations with imam and revealed .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-18-1996
Reported in : 1997CriLJ2162; 1997(2)WLC601
..... which are relevant under article 141 or 227 of the constitution as binding precedents or the judgments which are relevant under sections 41 and 42 of the evidence act or which are necessary to be taken into consideration when plea of res judicata is raised.13. in the instant case the judgment delivered by the learned chief ..... persons who commit the crime on the ground that some other persons accused of similar crime were acquitted in some other case, in section 43 of the indian evidence act judgments delivered by courts have been declared to be irrelevant excepting those which are relevant under:section 43.'judgments, etc., other than those mentioned in sections 40 to ..... passed by the learned chief judicial magistrate, banner.5. the crucial question is whether conviction of the petitioner under sections 52a read with 68a of the copy rights act passed by the learned chief judicial magistrate, banner is bad in law on the ground that it is in violation of article 14 of the constitution.6. the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-10-1996
Reported in : (1996)131CTR(Raj)328; [1997]225ITR178(Raj); 1996WLC(Raj)UC196; 1996(1)WLN23
..... and earningincome therefrom. the tribunal was right in its view and the assessee was entitled to development rebate.'25. the provisions have been made in the act to give incentive to the entrepreneurs to instal machinery/plant to increase production. as it is a beneficial legislation, a liberal interpretation, which advances the ..... installed for the purpose of business of manufacture or production of any article or thing including an article or thing specified in the eleventh schedule to the act the question, which requires consideration, therefore, is : whether the x-ray machine, ultrasound scanner/ultra sonographic machine and foetal heart monitor are manufacturing or ..... with the order dated march 23, 1988, passed by the income-tax officer, 'a' ward, jodhpur, in not allowing the deduction under section 32a of the act, the assessee preferred an appeal before the commissioner of income-tax (appeals), jodhpur. the commissioner of income-tax (appeals), jodhpur, allowed the appeal filed by the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-03-1996
Reported in : (1998)IIILLJ1272Raj; 1996(2)WLN181
..... from salary and in determining this question, the court can, also, adjudicate whether the deduction is authorised and permissible under the provisions of the payment of wages act.'in this case, the amount was an unascertained (sic.) sum which was admittedly not paid to the applicant and was deducted from the wages and deposited in ..... can be legitimately considered by the authority and those which cannot be so considered.'the supreme court, though held that the authority under the payment of wages act can consider the incidental question but declined to lay down any guideline which would afford a determining test to demarcate the field of incidental facts which could ..... come-up for adjudication before this bench.7. it is contended by the learned counsel for the petitioners that the authority, under section 15(2) of the act, cannot adjudicate any dispute relating to the fixation of the applicant in regular pay scale. the determination and computation of the workman's claim for computation of .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-18-1996
Reported in : 1997CriLJ2727
..... ) has also been referred on behalf of the petitioners. thus, it is argued that there is no evidence to connect the accused petitioners with the alleged offences and no overt act has been assigned to them. further in view of the above facts and circumstances, it is contended that the accused petitioners should be released on bail.7. the learned additional ..... sumer singh and nauran son of guna ram. no allegation has been made in the f.i.r against chuna ram, ram niwas, sarvan, kana ram and nimbuda. no overt act has been stated or serious allegation made against the above petitioners in the f.i.r. the date of occurrence has been changed from 28-8-1995, as given in .....
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