Court : Rajasthan
Decided on : Aug-20-1997
Reported in : 1998CriLJ612; 1998(1)WLC90; 1997(2)WLN375
..... menace, causing deleterious effects and deadly impact on the society as a whole, the parliament in its wisdom, has made effective provisions by introducing this act 81 of 1985 specifying mandatory minimum imprisonment and fine.13. from the above observations, it would be evident that the parliament in its wisdom thought that ..... used for manufacture of narcotic drugs and psychotropic substances and to provide deterrent punishment for violation thereof;(iii) to provide that no sentence awarded under the act shall be suspended, remitted or commuted.(iv) to provide for pre-trial disposal of seized drugs;(v) to provide death penalty no second conviction in ..... a problem of transit traffic in illicit drugs. the spill-over from traffic has caused problems of abuse and addiction. the narcotic drugs and psychotropic 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 .....
Tag this Judgment!Court : Rajasthan
Decided on : May-20-1997
Reported in : AIR1998Raj71; 1997(3)WLC78
..... circumstances, the arbitration proceedings abate? 3. these questions emerge in the following circumstances. (a) during the pendency of petition under section 20 of the arbitration act, 1940 (for short the act 1940) non-petitioner sita ram on april 30, 1994 moved an application before the learned court below under order 22, rule 3, c.p.c. ..... aug. 14, 1993. as per legal representatives were not brought o record by the applicants m/s. brimco bricks and others, therefore petition under section 20 of the act 1940 abated. (b) on may 20, 1994, the legal representation of late smt. chanda devi alongwith partner ofthe firm damodar das, submitted another application requesting the learned ..... the action for filing the revision has been resorted to by the petitioners. 4. the first question for consideration is whether having regard to the provisions of the act 1940 and rules made thereunder, order 22, c.p.c. can at all be applied to arbitration proceedings. 5. an agreement between the parties is the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-23-1997
Reported in : AIR1998Raj113
..... that the interest of the minor would be best served in the application filed by the respondent (petitioner) is allowed under section 25 of the guardians and wards act and the custody of the minor is given to him. consequently the learned judge, family court allowed the petition filed by the petitioner under section 25 of the ..... recovered the appellant during the investigation of the case registered at the police station. the respondent sita ram filed the petition under section 25 of the guardians and wards act on 30th november, 1995 praying that the custody of his minor son nitesh be ordered to be given to him. in his petition the respondent (petitioner) alleged ..... learned judge, family court, udaipur has committed a grave error by accepting the petition filed by the respondent (sita ram) under section 25 of the guardians and wards act, 1890. on above grounds the learned counsel for the petitioner has prayed that the order passed by the learned judge. family court, udaipur on 5th july, 1996 be .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-07-1997
Reported in : 1998CriLJ1434; 1998(3)WLC536
..... the following words:a prosecutrix of a sex offence cannot be put on par with an accomplice. she is in fact a victim of the crime. the evidence act nowhere says that her evidence cannot be accepted unless it is corroborated in material particulars. she is undoubtedly a competent witness under section 118 and her evidence must receive ..... of the victim in such cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. seeking corroboration of ..... 2nd march, 85, is reliable and his evidence about the entires of the date of birth in the school record is relevant under section 35 of the evidence act. it may however be pointed out that the original application form which was submitted at the time of admission of bhagwati in (he school has not been produced .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-02-1997
Reported in : 1998(1)ALT(Cri)21; 1998CriLJ1528; 1998(1)WLC424; 1997(2)WLN1
..... 1 was true or false. the learned sessions judge has not exercised his powers under section 165 of the indian evidence act. it is therefore, not open to him to say that the statement of smt. chothudi p.w. 2, who is otherwise reliable witness can be discarded on the ground ..... the statement of smt. chothudi p.w. 2 was reliable. it was open to the learned sessions judge to have exercised his powers under section 165 of the indian evidence act by putting relevant questions to smt. chothudi p.w. 2, chhaganlal p.w. 5 and suvalal p.w. 6 to ascertain whether the statement made by bhanwari p.w. ..... if so, how it was reconcilable with their own versions. the learned sessions judge did not deem it fit to exercise his powers under section 165 of the indian evidence act for removing the inconsistency pointed by him between the statement of bhanwari p.w. 1 and the other witnesses. obviously, it means that when the witnesses, namely, smt. chothudi p .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-16-1997
Reported in : 1998CriLJ2635; 1998(2)WLC350; 1997(2)WLN713
..... for the petitioner has submitted that in the instant case the non-petitioner no. 2 is facing charges under section 302 i.p.c. and 27 of aie indian arms act and having regard to the facts and circumstances of the case the evidence of ratan lal and hema ram is important and, therefore, this petition should be allowed.11. the ..... :4. in session case no. 5/97 state v. himmata ram, himmata ram is facing trial on charges under section 302 i.p.c. and 27 of the indian arms act. charges were framed on 19-2-1997. the accused-non-petitioner no. 2 pleaded not guilty to the charges and the court fixed 4-4-1997 and 5-4-1997 .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-01-1997
Reported in : I(1997)DMC598
..... appeal at all. section 13 and section 10 are altogether different remedies though, co-relative, but not dependent upon each other. there is no bar under the act that once divorce petition having been dismissed/ the party cannot file application under section 10 for judicial separation, more so, the appeal also does not become infructuous. ..... after dismissal of the divorce petition under section 13 on 24.2.1993 by the family court, the appellant had filed an application under section 10 of the act for judicial separation on 10.3.1993 itself, as such, the present appeal has become infructuous. he has further submitted that even the application under section 10 ..... only with the appellant-husband, but also with his family members. ultimately, the appellant had to file a fresh application under section 13 of the hindu marriage act before the family court on21.8.1989 on the ground of cruelty in which various instances of cruelty were narrated. the family court, after receiving reply on behalf .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-16-1997
Reported in : 1997CriLJ1566
..... . savitri had committed suicide and he thereby gave a version favourable to himself. therefore, the information contained in ex. p-1 is relevant under section 8 of the evidence act. to what extent this information can prove the charge of murder against the appellant is quite a different issue. the objection against the admissibility of ex. p-1 must, ..... influences or is influenced by any fact in issue or relevant fact and whether it was previous or subsequent there to.' illustration (e) given below section 8 of the evidence act makes it clear that 'the fact that, either before, oral the time of, or after the alleged crime, a provided evidence which would tend to give to the facts ..... was made to a police officer. in our opinion both these objections arc not sustainable. information of ex. p-1 is not covered by section 25 of the evidence act because it does not contain any confession. this information is not hit by section 162 of the cr. p.c. because at the time when this information was given .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-31-1997
Reported in : 1997CriLJ1778
..... shishodia then referred to the site plan and submitted that the facts found at the site eloquently proved that it was not a mere accident but very cold and calculated act to commit the murder of munir khan. the accused was aware that munir khan normally goes from that way daily. he, therefore, knew that the accused would pass ..... the occurrence to other persons because when riazuddin told what he had witnessed, his elder brothers advised him not to open his mouth in order to avoid unnecessary trouble. acting on the advice of his brothers, he did not tell about this accident to others.20. the learned counsel has also submitted that it had been proved beyond all ..... was the driver of the truck at the relevant time and since the accused did not furnish any information in this regard, inference warranted by section 106 of the evidence act was drawn against the accused. in this respect, the learned addl. sessions judge also relied on the statement of p.w. 5 mangilal. however, he rejected the .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-02-1997
Reported in : AIR1998Raj25; 1997(3)WLC292
..... on 30-9-81 they filed the aforesaid two suits on 20-4-84 within three years limitation period prescribed under article 47 of the indian limitation act. it goes without saying that here in the present case, kushal singh received consideration from plaintiff-appellants and he transferred the land in suit to them, ..... agreement or contract is bound to restore it, or to make compensation for it, to the person from whom he received it.article 47 ofthe indian limitation act :description of suitperiod of limitationtimefrom which period begins to run47. formoney paid upon an existing consi-deration which afterwards fails.threeyearsthe dateof the failure.13. a ..... conjoined reading of section 65 of the indian contract act read with article 47 of the indian limitation act lead towards an irresistible conclusion that when a contract becomes not enforceable either it being ab initio void or voidable then in such .....
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