Court : Rajasthan
Decided on : Aug-03-2001
Reported in : RLW2003(3)Raj1620; 2002(5)WLC487; 2002(2)WLN333
..... .5 jaganath, the case of dowry demand come, but as stated above and looking to the facts that they were living separately from deceased-wife and no specific overt act has been alleged against them and that other relatives, namely, purshottam, jeth of the deceased-wife, rekha, wife of purshottam and renu, nanad of the deceased wife ..... or the other relations cannot, in all cases, be held to be involved in the demand of dowry. in case where such accusations are made, the overt acts attributed to persons other than husband are required to be proved beyond reasonable doubt. by mere conjectures and implications such relations cannot be held guilty for the offence relating ..... 2 gaurav, pw 7 amritpalsingh an dw 8 pawan kumar and the learned special addl. sessions judge has further erred in invoking section 113b of the indian evidence act in the present case.4. that accused appellants kishorilal, father-in-law of deceased-wife and smt. sita, mother-in-law of deceased-wife were residing separately and .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-14-2001
Reported in : II(2001)DMC17; 2001(4)WLC684; 2001(4)WLN642
..... facts and circumstances of this case. in hajuri's case (supra), the proceedings before the high court did arise out of sections 6 and 7 of the orissa estates abolition act, 1961 and the matter under section 8 was pending elsewhere. it was under these circumstances held by their lordships of the supreme court that high court was wholly unjustified to ..... this court is not in a position to hear the appeal of an accused within a reasonable period of time, the court should ordinarily, unless there are cogent grounds for acting otherwise, release the accused on bail in cases where special leave has been granted to the accused to appeal against his conviction and sentence.'14. case of babu singh (supra .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-02-2001
Reported in : 2002(1)WLN642
..... rules prescribed for appointment he has given appointment to one of his close relative i.e. sister's son. by doing this he encouraged nepotism. this act of the delinquent reflected his nepotism character.30. the third charge against the delinquent was that without advertising the vacancy the proceedings for appointment were completed in ..... one day. this was done to favour his close relative and thus, the delinquent acted in an improper manner and encouraged nepotism.31. in relation to the aforesaid charges the stand of the delinquent-petitioner has been that basant kumar was ..... made immediately and he has sought the permission from his immediate superior to make such appointment. since the rules had not laid any guidelines, the petitioner acted in consonance with the practice prevailing in the respondent court and, thus, no misconduct has been committed by him.43. the enquiry authority has found that .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-27-2001
Reported in : RLW2003(1)Raj495; 2002(3)WLN248; 2002(3)WLN248
..... goods under section 4 and 12.' 8. section 15 provides for exemption from tax, which reads as follows: '15. exemption of tax.- notwithstanding anything contained in this act, where the state government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the official gazette, ..... made by such units under exemption. the additional commissioner on the same day passed the provisional assessment order for the assessment year 1997-98 under section 27 of the act of 1994 levying the purchase tax totalling to rs. 1,65,381/- being 2% of the total purchase of 'raida' worth rs. 82,69,049/-. aggrieved ..... rise to the instant revision petition are that the respondent assessee m/s. arihant industries, riico industrial area, shivganj, submitted an application under section 40 of the act o 1994, stating that she is a woman entrepreneur in the tiny sector and is engaged in the manufacturing of edible oil. she purchased oil seeds for manufacture of .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-08-2001
Reported in : 2002(2)WLN470
..... iii) non-production of younger sister of the prosecutrix is fatal to the prosecution case and also he argued that the accused' appellant should be acquitted or benefit of act of 1986 should be given to the accused appellant on point of sentence. 8. on the contrary, the learned public prosecutor has opposed the submissions made by the learned ..... seen.25. it is well settled that although legally there is no bar to accepting the uncorroborated testimony of a child witness yet prudence requires that courts should not act on the uncorroborated evidence of a child whether sworn or unsworn. this was so held by their lordship of the privy council in mohamed sugal esa mamasan rer ..... vitiated. in my opinion, the learned counsel for the accused appellant has not read the full judgment. that judgment was passed under the provisions of west bengal act, 1959 and in that act as per provision of section 2d 'child' means a person who has not attained the age of 18 years, but position in the present case is .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-16-2001
Reported in : (2001)167CTR(Raj)307
..... in the years under consideration solely for educational purposes and not for any profit-earning purpose and, therefore, it is entitled to exemption under section 10(22) of the act.' sec. 10(22) reads as under : 'clause (22) : any income of a university or other educational institution, existing solely for educational purposes and not for purposes ..... the statement of case are that the assessee is a registered society which was formed some times in 1966 and was duly registered under the registration of society act vide registration certificate dated 15-6-1966. the objects of society were mentioned as under'(a) to promote educational values and provide facilities to acquire education through ..... for levy of tax on the income of assessee which is claimed to be exempted from payment of tax under section 10(22) of the income tax act, 1961, as the education institutions solely existing for the educational purpose not for the purpose of profit and two appeals for the assessment years 1985-86 and .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-03-2001
Reported in : 2001(2)WLC66; 2001(2)WLN451
..... had directed the government to apply its mind and consider the matter in the hope that the government after such consideration would recognise the just claims of the petitioners and act in accordance with the recommendations that had been made by the chief justice of the said court. the government in fact accepted the recommendations of the chief justice and fixed ..... as he then was) held that the governor in the exercise of the powers under the proviso to clause (1) of article 229 of the constitution is not required to act under the aid and advice of the council of ministers and hence ought to give his approval to the recommendations of the chief justice. at para 17, it is observed ..... contended that the rule assigned to the governor under the proviso to clause i of art. 229 of the constitution is exclusive to him and he is not required to act with the aid and advice of the council of ministers as in art. 163 of the constitution, wherein it is stated that there shall be a council of ministers .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-23-2001
Reported in : 2003ACJ761; 2001(4)WLC183
..... transport authority has also been produced. in these circumstances, the insurance company has not discharged the burden cast upon it under section 96(2)(b)(ii) of the motor vehicles act, 1939.13. the ratio of united india insurance co. ltd. v. gian chand 1997 acj 1065 (sc), is not applicable in the facts and circumstances of this case ..... and that entitled the insurance company to get the benefit of the exclusion clause available as defence to the company under section 96(2)(b) of the motor vehicles act, 1939. the driver of the vehicle preferred appeal before the high court and contended that insurance company should have been made liable to pay compensation and was wrongly ..... was as to whether the driver holding learner's licence can be regarded as duly licensed driver within the meaning of section 96(2)(b)(ii) of the motor vehicles act, 1939. it was held that 'driving licence' within the meaning of section 2(5-a) does not include a learner's licence. as the words 'permanent driving licence .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-27-2001
Reported in : AIR2002Raj239; 2002(4)WLN270
..... misc. case no. 27/91 by the district judge, balotra.2. the facts of the case are that applicants-respondents submitted an application under section 372 of the indian succession act for getting succession certificate for the properties of deceased gangaram s/o lakhmi chand, who died at barmer on 3rd dec., 1990. according to respondent-applicants gangaram died on 3rd ..... held as under:--'the conscience of the court must be satisfied that the will in question was not only executed and attested in the manner required under the indian succession act, 1925 but it should also be found that the said will was the product of the free volition of the executant who had voluntarily executed the same after knowing the .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-26-2001
Reported in : 2003ACJ897
..... the statutory liability only which was found to be correct.16. there are number of authorities wherein it has been settled that before the amendment in the motor vehicles act, the liability of the insurance company is limited to the extent of statutory liability and as such in the present case the award of the tribunal wherein the accident ..... -section (2) of section 95 of the act.11. so is the position in the case of rajendra kumari v. shanti trivedi 1989 acj 517 (sc), who was a passenger in the hired car. it had collided ..... insured, the claimant had sustained injuries, it was held that prior to the amendment of 1969 the insurance company was liable to such amount as provided in the motor vehicles act. no additional amount was paid of premium and thus the liability and the policy in the instant case was same as statutory liability contemplated under clause (b) of sub .....
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