Court : Rajasthan
Decided on : Aug-30-2001
Reported in : 2002CriLJ3704; 2002(1)WLN660
..... intention of causing murder by giving a hammer blow on the head of the deceased can be attributed on the appellant. however, he may have the knowledge that his act may cause death. in these peculiar facts and circumstances of the case, it is held that conviction of the appellant under section 302 i.p.c. is not maintainable ..... neighbour chander singh does not amount to confess anything. those statements are non-confessional in nature and can be used against the appellant under section 8 of the evidence act except the said part of the statement and the rest part of the statement amounting to confess committing the crime is not admissible in evidence. the another important incriminating ..... the learned public prosecutor that entire f.i.r. can not be excluded but only that much of the part which is hit by section 25 of the evidence act can be excluded. he has supported the judgment of the trial court.7. before averting the rival contentions, it will be useful to take conspectus of the prosecution .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-31-2001
Reported in : 2002(1)WLC248
..... of conclusive nature and they should exclude every possible hypothesis except the one to be proved and that the chain of evidence must show that in all human probability the act must have been done by the accused. the circumstantial evidence should unmistakably point to the only conclusion that the accused and none other prepetrated the alleged crime. the question as ..... of evidence to complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. 10. the trial judge has recorded a finding of guilt against the accused appellant under sections 302 and 379 ipc while relying upon .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-04-2001
Reported in : 2002(1)WLC530; 2002(5)WLN377
..... for setting aside abatement of the appeal. the stand taken by the appellant was absolutely unjustified and beyond complete lack of knowledge of the provisions of the limitation act so also relevant provisions for substitution under order 22 rule 4 & 9 cpc. that apart, the order of the trial court bringing the legal representatives of sole ..... of two months under article 171 for an application to set aside the abatement of the suit but also made the provisions of section 5 of the limitation act applicable to such applications. thus the plaintiff is allowed sufficient time to make an application to set aside the abatement which, if exceeding five months be ..... an appeal.' 19. the period of limitation prescribed for making an application for substitution is the 'months under article 177 of the first schedule to the limitation act (old). the legislature further having taken into account that there may be cases where the plaintiff may not know of the death of the defendant as ordinarily expected .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-10-2001
Reported in : [2002(93)FLR82]; 2002(1)WLC501
..... it as an industrial dispute. the central government lacked power to make reference both on the ground of delay in invoking the power under section 10 of the act and there being no industrial dispute existing or even apprehended. the purpose of reference is to keep industrial peace in an establishment. the present reference is destructive ..... lies upon the respondent workman to prove his case and when he has not produced the document on which his case has been made, the labour court has acted arbitrarily not drawing an adverse inference against him. the labour court has not dealt with the case of the petitioner fairly, reasonably and impartially. for non production ..... he (workman) has worked for 395 days and before terminating his services, the petitioner have not complied with the provisions of section 25f of the industrial i disputes act, 1947.6. the reference was contested by the petitioner. a detailed reply to the statement of claim has been filed by the petitioner. the petitioner has come .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-02-2001
Reported in : 2003ACJ1061; 2001(2)WLN221
..... being driven rashly and negligently by its driver respondent no.1, virendra singh, hit the luna and its riders, resulting thereby that by this accident smt. seema aged 29 years succumbed to injuries instataneously and, kum. asha sustained various injuries. the respondent no. 1 is owner of the truck and the said truck ..... is so assessed, the monthly loss to the claimants would come to rs. 1,000/- per month.(13). the legislature inserted section 163a in motor vehicles act, 1988, whereby the compensation of structural formula basis is provided in second schedule wherein it has also been provided that notional income from compensation to those, who ..... was rightly clarified that there should be no departure from the multiplier method on the ground that sec. 110b, motor vehicles act, 1939 (corresponding to the present provision of sec. 168(1), motor vehicles act, 1988) envisaged payment of 'just' compensation since the multiplier method is the accepted method for determining and ensuring payment of .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-12-2001
Reported in : 2002CriLJ432; 2002(1)WLN423
..... has failed to appreciate the evidence of these prosecution witnesses in correct and right perspective.2. that presumption either under section 113-a or 113-b of the indian evidence act should have been drawn against the accused respondents and by not drawing presumption, the learned sessions judge has committed illegality.hence, it was prayed that this appeal be allowed and ..... without the interposition of the alleged abettor, is not enough compliance with the requirements of section 107, ipc.28. on plain reading of section 113-a of the indian evidence act, it is obvious that if a wife is shown to have committed suicide within a period of seven years from the date of marriage and there is evidence that she .....
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 : Apr-26-2001
Reported in : 2001(4)WLN135
..... , j.1. this appeal has been filed by the accused appellants againstthe judgment and order dated 17.6.2000 passed by the learned special judge, sc andst (prevention of atrocities) act cases, jodhpur in sessions case no. 70/99 by whichthe learned special judge has convicted the accused appellants for offences under section304b and 498a l.p.c. and has sentenced ..... section 304b i.p.c. is allowed after setting aside the judgment and order dated 17.6.2000 passed by the learned special judge, sc and st (prevention of atrocities) act cases, jodhpur. ii) the appeal of the accused appellants channa ram, bhaira ram and mrs. samda against their conviction and sentence for offence under section 498a1.p.c. is dismissed .....
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 : Jul-17-2001
Reported in : 2002CriLJ414
..... . so far as basing the conviction on the solitary testimony of pw-1 bhanwar kanwar is concerned, the apex court has time and again held that under the indian evidence act no particular member or witnesses are required for the proof of any fact. it is a sound and well established rule of law that quality not quantity of evidence matters ..... the accused. the accused was put under arrest on 19-9-1997 vide arrest memo ex. p/8. he gave two voluntary disclosure statements under section 27 of the evidence act on 20-9-1997 which are ex. p/9 and ex. p/10 and got the lathi recovered in presence of mool singh and ugam singh on the same day .....
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