Court : Rajasthan
Decided on : Oct-09-1996
Reported in : 1997CriLJ1237; 1997(1)WLC745; 1996(2)WLN371
..... also serve the ends of justice. therefore, we hold that s. 162, criminal procedure code does not impair the special powers of the court under s. 165, indian evidence act. consequently, we think that the trial court could and should have itself made use of the statement made by jailal during the course of the investigation.'in this case ..... the prohibition to the use of the wide and special powers of the court to question a witness, expressly and explicitly given by s. 165 of the indian evidence act in order to secure the ends of justice. we think that a narrow and restrictive construction put upon the prohibition in s. 162, criminal procedure code, so as to ..... provisions of rule 229 of the procedure and conduct of business in lok sabha, s. 58 of the code of criminal procedure, s. 19(a) of the children act, report of a royal commission on criminal procedure, command-papers 8092 19811 and the representation of the royal commission as well as the report of national police commission prescribing .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-18-1996
Reported in : (1998)IIILLJ1120Raj
..... the amount of compensation, therefore, requires modification and the claimants are entitled for a sum of rs. 54,224/- as per the provisions of section 4 of the act.8. the next question which requires consideration, is: whether the learned workmen compensation commissioner was justified in imposing the penalty of rs. 5,000/- and in awarding ..... appellants, is that the compensation has not been properly determined by the learned workmen compensation commissioner as per the provisions of section 4 of the act. section 4 of the act provides that where the death results, from the injury, an amount equal to 40% of the monthly wages of the deceased workman multiplied by ..... while determining the amount of compensation the learned workmen compensation commissioner has not determined it as required under section 4 of the workmen's compensation act (for short, 'the act'). an amount of 40% of the monthly wages of the workman multiplied by the relevant factor can be applied and not the amount equal to .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-05-1996
Reported in : 1997CriLJ1993; 1997(1)WLC52
..... .w. 9 tara chand who was on leave, resumed his duty and started further investigation. he arrested the accused and, pursuant to his information under section 27 of the evidence act, he recovered 'kassi' (article 11 in consequence of the information given by the accused. all the blood stained articles including 'kassi' were forwarded to the r.f.s.l., jaipur .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-11-1996
Reported in : 1997(1)WLC113; 1996(2)WLN393
..... issueless. asha ram did not file any claim before the collector, banner in escheat proceedings. the collector passed order under section 6(7) of the rajasthan escheat regulation act, 1956 directing the objector to establish their claims in the civil court. the daughters/plaintiffs preferred a revision before the government against the decision of the collector and by ..... acceptance. it may be said here that the other decisions viz., akhey raj and ors. v. mst. parvati & mst. radha, decided on 10.06.1927; and, purushottam v. bal chand, decided on 30.06.1916 have not been placed before me for examination. the decision dated 10.06.27 is a decision based solely on the judgment of the ..... court dated 30.06.16 rendered in purushottam v. bal chand. in 1939 m.l.r. 49, rikhab das v. mst. tippo, it has been observed:the applicant's learned counsel has urged that according to custom recognised .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-04-1996
Reported in : 1996CriLJ2066; 1996(2)WLC48; 1996(1)WLN33
ORDERR.R. Yadav, J.1. Heard the learned counsel for the applicant as well as learned Public Prosecutor at length.2. It is alleged in the present pre-arrest bail application that the applicant was an employee in the police department and was posted as F. C. (Constable) in the police line at Rajsamand in the year 1992. It is also alleged that on or about 9th and 10th of January, 1992, the applicant was sent to remit the pay of the month of December, 1991, to the police personnel posted at Rajasthan Police Academy, Jaipur in training.3. It is disclosed in the application that the amount entrusted to the applicant was Rs. 7,503/- and it was to be paid at Jaipur. The applicant proceeded from Rajnagar in a bus and reached next morning at about 4.30 or 5.00 a. m. at Jaipur. At police outpost, Vidhayak Nagar, Jaipur it was detected by the applicant that his pocket was picked, therefore, he was not able to make the payment to the personnel of Rs. 7,503/- which was entrusted to him to pay at Raj...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-11-1996
Reported in : 1996CriLJ3176; 1996(2)WLC684; 1996(1)WLN132
..... article 141 of the constitution of india as precedent. under article 144 of the constitution of india all authorities, civil and judicial, in the territory of india are bound to act in the aid of the supreme court pronouncement. it is further to be noticed that the decision rendered by this court in the case of kuldeep singh (supra) interpreting statutory .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-26-1996
Reported in : 1996CriLJ3265; 1996(3)WLC106; 1996(1)WLN130
..... the present accused applicant pankaj driver exhorted other co-accused to the effect that he has fulfilled his promise now they have to take care of the prosecutrix. the overt act alleged in the statement of prosecutrix against accused applicant is sufficient to reject his anticipa-. tory bail.11. it is well to remember that section 438 cr.p.c. is .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-11-1996
Reported in : I(1997)DMC192; 1996(2)WLN467
N.C. Kochhar, J.1. The facts, giving rise to this petition under Section 482 of the Code of Criminal Procedure, 1973 ('the Code'), are as under ;2. On 21.2.1991, the petitioner, Gyatri Bai had filed an application under Section 125 of the Code, in the Court of learned Additional Chief Judicial Magistrate (ACJM), Chhabra, District-Baran, stating that she is the lawfully wedded wife of the respondent No. 1, Ramkaran, and two daughters of the wedlock had been born to her, but that the respondent No. 1 had been treating her with cruelty and had refused and neglected to maintain her and the two daughters of the wedlock and had also contracted a second marriage. The said application was contested by the respondent No. 1, Ramkaran, who denied having treated the petitioner with cruelty and stated that the petitioner was living, without any sufficient cause, away from him and had not returned to him inspite of the efforts made by him, in this regard. It was also pleaded that the petitioner was ...
Tag this Judgment!Court : Rajasthan
Decided on : May-23-1996
Reported in : 1996CriLJ3091
..... also unreliable as it did not find place in the police statement of the witnesses.14. in the facts and circumstances of the case, the possibility of the accused persons acting in their self defence cannot be ruled out and appears to be imminently probable. even otherwise the whole truth does not appear to have been brought forth by the prosecution .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-09-1996
Reported in : 1997CriLJ193
D.C. Dalela, J.1. This appeal is directed against the judgment and order dated 21-1-1978 passed by the learned Addl. Sessions Judge, Sirohi, convicting the accused appellant for the offence under Section 302, IPC and sentencing in to life imprisonment and a fine of Rs. two hundred in Sessions Case No. 60/1976.2. The appellant was tried for committing murder of his sister-in-law (Bhabhi) Mst. Nathu on 13-10-1976 in the village 'Jela'. The relations between the appellant and his real brother Poonma (husband of the deceased) were not happy. On the day of occurrence, deceased Nathu reprimanded the appellant for quarrelling with her children. It is alleged that the appellant felt aggrieved on such reprimand and, therefore, he picked up a lathi or 'danda' and dealt a blow on her. The blow fell on her head. She fell down injured and bleeded through mouth and nose. While she was being carried the hospital she succumbed to her injuries. The cause of the death, according to the opinion of the do...
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