Court : Rajasthan
Decided on : Mar-10-2004
Reported in : 2004CriLJ3640
..... thoughtful consideration.6. the emphasis of the learned counsel for the accused person in this case is that under section 42(1) of the n. d. p. s. act, proviso speaks of a contingency wherein, a search is conducted by the officer concerned without any warrant or authorisation. he is required to record reasons. in the instant case, prosecution ..... for appellant is to the effect that there was no proper compliance of the provisions of sections 42(1), 42(2), 55 and 57 of the n. d. p. s. act. in these circumstances, it was prayed that the appellant deserves to be acquitted.5. i have heard the learned counsel for the appellant, learned public prosecutor and have given my ..... judge, n. d. p. s. cases, chittorgarh in sessions case no. 4/1998 whereby he was found guilty for the offence under section 8/18 of n. d. p. s. act and has been awarded 12 years r. i. and a fine of rs. 1,00,000/- in default of payment of fine to further undergo 1 year r. i.2 .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-26-2004
Reported in : RLW2004(3)Raj1752; 2004(3)WLC193
A.C. Goyal, J.1. The plaintiff-landlord has preferred this second appeal against the judgment and decree dated 18.7.2000 whereby learned Additional District Judge No. 1, Sikar while setting aside the judgment and decree of eviction passed by learned Additional Civil Judge (Junior Division), Sikar dismissed the plaintiff-landlord's suit. The parties in this appeal shall be referred as arrayed in the plaint.2. Briefly narrated the facts are that the plaintiff filed a civil suit on 20.7.1985 for arrears of rent and eviction with the averments that the suit shop was let out to the defendant on monthly rent of Rs. 30/-. The eviction was sought on the grounds of default in payment of rent from 1.12.1982, reasonable and bonafide requirement and non-user of the premises by the defendant for last four years.3. The defendant in written statement while admitting himself to be the tenant in the suit shop pleaded that the real owner of the shop is Shri Phool Das. The plaintiff is relative of Shri P...
Tag this Judgment!Court : Rajasthan
Decided on : Feb-26-2004
Reported in : RLW2004(3)Raj1855; 2004(3)WLC71
..... contended that the provision for giving the notice to the gram panchayat is a provision of no value, force, effect and concerned. the legislature incorporated this provision in the act, the purpose behind it is to let know the gram panchayat what is the grievance of the litigant/citizen against it and may have time to consider and decide the ..... case and stage where this larger issue needs decision, raised by the learned counsel for the plaintiff appellant that the provision of giving notice to the gram panchayat in the act is a provision in futility and the suit may not be dismissed only on this ground but, prima facie, there appears merits therein.14. it is not in dispute ..... , the gram panchayat has not raised the issue of non-maintainability of the suit for want of notice to it before filing thereof. this provision is incorporated in the act for the benefit of the gram panchayat and not for the defendant respondents no. 1 and 2.15. that apart i have my own reservation whether this plea is .....
Tag this Judgment!Court : Rajasthan
Decided on : May-14-2004
Reported in : RLW2004(3)Raj2040; 2004(3)WLC538
..... /2001 challenging the election of respondent no. 6 which was withdrawn by him with liberty to challenge the validity of section 43 of the rajasthan panchayat raj act, 1994. upon perusal of the contents of the writ petition it reveals that in the instant writ petition, the petitioner has not challenged the validity of section ..... time of argument, the petitioner submitted that he wants to withdraw the writ petition with liberty to file fresh to challenge the validity of section 43 of the act of 1994, in view of the submissions made by the petitioner, the writ petition was allowed to withdraw subject to challenge the validity of section 43.9. ..... behalf of the petitioner dismissed the writ petition as not maintainable since it has been filed without exhausting the alternative remedy already provided under the rajasthan panchayat raj act, 1994. thereafter, in another writ petition filed by the petitioner which was registered as sb civil writ petition no. 835/2001 raising the similar questions which .....
Tag this Judgment!Court : Rajasthan
Decided on : May-26-2004
Reported in : 2004CriLJ3465; RLW2004(4)Raj2342; 2004(3)WLC582
..... the learned additional sessions judge is directed to make fresh inquiry in respect of determining the age of the accused-petitioner as envisaged under section 49 of the act of 2000 including recording of the statements of the witnesses and if necessary calling for the record. it is further directed that if the learned additional sessions ..... a juvenile and should have been tried before a juvenile court but it was prayed that an inquiry be got conducted as per the provisions of section49 of the act of 2000 to ascertain his age. since, the learned addl. sessions judge had decided that application without holding any inquiry and recording evidence and, therefore, the ..... juvenile and should have been tried in juvenile court and he further made a request that an inquiry in respect of his age be conducted as per provisions of act of 2000.iii) that the learned additional sessions judge (fast track), parbatsar, district nagaur through his order dated. 25-6-2003 rejected that application inter alia .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-30-2004
Reported in : RLW2004(4)Raj2286; 2004(3)WLC568
..... present added accused petitioners for the offence under sections 147, 148, 341, 323, 324/149, 326/149 ipc and 3(1)(x), 3(2)(v) sc/st act alongwith other accused persons and that order of taking cognizance was passed against both added accused petitioners as well as those accused persons against whom challan was filed by the ..... murki of chunaram.on the above report, police registered the case for the offence under sections 143, 323, 341, 379 and 3(1)(x) of the sc/st act and started investigation.after usual investigation, police submitted challan against the accused panna ram, ramniwas and shrikishan in the court of judicial magistrate, ladnu where the criminal case no. ..... ladnu by which cognizance for the offence under section 147, 148, 341, 323, 324/149, 326/149 ipc and 3(1)(x), 3(2)(v) of sc/st act, 1989 was taken against the present added accused petitioners alongwith other accused persons.2. it arises in the following circumstances:the respondent no. 2 duda ram (hereinafter referred to .....
Tag this Judgment!Court : Rajasthan
Decided on : May-12-2004
Reported in : I(2005)DMC716; RLW2004(4)Raj2295; 2004(4)WLC93
..... .11. so far as the rights of children of muslim parents to claim maintenance is concerned, it can be said that they are not affected by the provisions of the act of 1986. thus, both under the personal law and the statutory law (section 125 cr.p.c.) the obligation of a muslim father, having sufficient means to maintain his minor ..... of the hon'ble supreme court in danilal latifi v. union of india, air 2001 sc 3958 may also be referred to.7. apart from this, the provisions of the act of 1986 nowhere provide that the divorced wife is not entitled to file application under section 125 cr.p.c. for maintenance.8. in the present case, there is no ..... the case.5. in my considered opinion, the above argument of the learned counsel for the non-applicant cannot be appreciated at all because even under section 4 of the act of 1986, a divorced woman is entitled to move an application for maintenance after the expiry of iddat period on two grounds, namely:-a) that she has not re-married .....
Tag this Judgment!Court : Rajasthan
Decided on : May-11-2004
Reported in : RLW2004(4)Raj2316; 2004(3)WLC483
..... additional chief executive officer.8. with a view to appreciate the submission of the learned counsel for the appellant, it is necessary to refer section 37 of the act of 1994, which reads as follows:-'37. motion of no-confidence in chairpersons and deputy chairpersons.-(1) a motion expressing want of confidence in the chairperson or ..... confidence motion against the appellant. learned counsel for the appellant contends that the procedure adopted by the chief executive officer falls foul of section 37 of the act of 1994. his contention is that the verification ought to have been done by the chief executive officer and he ought not to have delegated the function ..... the same was kept in a sealed cover. the learned single judge did not find any flaw in the proceedings which were initiated under section 37 of the act for consideration of no confidence motion against the appellant. accordingly, the learned single judge dismissed the writ petition on 27th april 2004. the appellant being aggrieved by .....
Tag this Judgment!Court : Rajasthan
Decided on : Jun-02-2004
Reported in : RLW2004(4)Raj2358; 2004(3)WLC591
..... his semi-wholesale business of kirana.19. i have considered the rival submissions. according to sub-section 2 of section 14 of the rajasthan premises (control of rent and eviction) act, 1950 no decree for eviction on the ground of reasonable and bonafide requirement shall be passed if the court is satisfied that having regard to all the circumstances of the .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-26-2004
Reported in : (2005)ILLJ467Raj; RLW2004(4)Raj2404; 2004(3)WLC404
..... 9, 1998 disposed of the criminal appeal no. 100/98, preferred by the petitioner, observing that in view of section 12 of the probation of offenders act, 1954, disqualification attached with the conviction shall not adversely affect the services of the petitioner. the respondent bank thereafter on may 13, 1998 initiated departmental enquiry ..... 9, 1998 disposed of the criminal appeal no. 100/98 preferred by the petitioner indicating that in view of section 12 of the probation of offenders act, disqualification attached with the conviction shall not adversely affect the services of the petitioner.(iv) the gun which was allegedly fired by the petitioner at informant bhanwar ..... 307 ipc and major part of the prosecution case was disbelieved.(ii) that the petitioner was convicted for a minor offence under section 30 of the arms act and was released on probation.(iii) that the high court in its order dated february 9, 1998 directed that the disqualification attached with the conviction shall .....
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