Court : Rajasthan
Decided on : May-22-2008
Reported in : RLW2009(1)Raj590
..... wrongful restraint. three accused were present on spot and the role of three accused may be different, but they actively participated in committing robbery, therefore, their act in participation on spot proves their presence not only near to the victim so as to put them in fear of instant death. section 394 ipc provides ..... were ultimately committed by some of them, without the participation of others. those who committed the offences pursuant to the conspiracy by indulging in various overt acts will be individually liable for those offences in addition to being liable for criminal conspiracy; but, the non-participant conspirators cannot be found guilty of the ..... the hon'ble supreme court while considering the scope of section 121a ipc held that those who committed offences pursuant to conspiracy by indulging in various overt acts will be individually liable for those offences in addition to being liable for criminal conspiracy, but the non-participant conspirators cannot be found guilty of the .....
Tag this Judgment!Court : Rajasthan
Decided on : May-26-2008
Reported in : AIR2008Raj194
..... 7. learned counsel for the non-petitioner-mother has made a preliminary submission that as the matter relating to guardianship is covered under the family courts act, 1984 ('the act of 1984'), this revision petition under section 115 of the code of civil procedure is not competent because the order passed by the family court could ..... revision petition is directed against the order dated 11.02.2008 as passed by the district judge, merta in the proceedings under the guardians and wards act, 1890 ('the act of 1890') rejecting an application moved by the petitionerfather under order vii rule 11 of the code of civil procedure and rejecting his contention that the ..... of the case and the law applicable. 9. the preliminary objection regarding maintainability of this revision petition with reference to the provisions of the family courts act, 1984 has only been noted to be rejected as rather misconceived. admittedly, the proceedings in question have been taken up with the district court at merta .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-31-2008
Reported in : RLW2009(1)Raj431
..... from alienating the house in any manner.5. on service, the defendant filed an application, alleging that in view of the provisions of section 7 of the family court act, the present suit for injunction is not maintainable, and that, the plaintiff, on these very allegations, has already filed application before the judicial magistrate, therefore, she ..... as well as the record. at the outset learned counsel for the appellant contended, that the plaintiffs' claim is not under section 18 of the hindu adoptions and maintenance act, rather their claim is covered by explanation (c) to section 7(1).8. it was contended by the learned counsel for the appellant, assailing the impugned order ..... with the peaceful possession of the plaintiff, over the suit scheduled property. the suit was filed in the year 1983, and on commencement of the family court act the suit was transferred to the family court. in that suit an additional issue was framed, about the suit being triable by the family court. on merits .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-27-2008
Reported in : RLW2009(1)Raj404
..... count his name having been deleted from the muster roll, was found to be legal. then reliance was placed on another judgment of the hon'ble supreme court, in seema ghosh v. tata iron & steel co. reported in : (2006)iiillj759sc , to contend that where even the findings of fact, recorded by learned labour-court are ..... % per annum, after the said date, and the workman should be entitled to have this order enforced through labour court, by invoking appropriate provisions of industrial disputes act.28. consequently, the appeal is allowed in part. the finding about the removal of the workman being not in accordance with law is upheld. however, the relief ..... , that the consequence of unauthorised absence is not available under the certified standing orders, if it so specifically provides, and that, the submission, that industrial disputes act provided for a penalty in respect of the workman, who may have gone on illegal strike, and therefore, there could be no termination of services on account .....
Tag this Judgment!Court : Rajasthan
Decided on : May-06-2008
Reported in : (2008)217CTR(Raj)209; [2009]313ITR231(Raj); [2009]178TAXMAN33(Raj)
..... rest with the lessor.lessee shall not claim any relief by way of any deduction, allowance, or grant available to the lessor as owner of the equipment under income tax act, 1961 or any other statute, rule of regulation issued by the govt. or any statutory authority.the lessee shall keep machinery at all times for the full term of ..... company, for a rent, and thereby the assessee company is also in user of the assets, and as such the lessee is entitled to depreciation under section 32 of the act.12. in view of the two questions framed in the three appeals, we are required to examine, as to whether, in the facts and circumstances the itat was justified ..... :i) whether, on the facts and circumstances of the case the itat was justified in holding that the assumption of jurisdiction under section 147/148 of the income tax act is bad in law and accordingly in quashing the reassessment proceedings?ii) whether on the facts and circumstances of the case the itat was justified in holding that the assessee .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-07-2008
Reported in : RLW2008(3)Raj2485
..... drawn regarding truth of credit entry merely on basis of acceptance of thumb impression by drawing presumption is per the provisions of section 114 of the indian evidence act. the order impugned, for the reasons mentioned above, does not suffer from any error warranting interference of this court in its revisional jurisdiction. accordingly, the revision ..... circumstances under which it was executed, and the whole history of the parties, it is reasonably established that the deed executed was the free and intelligent act of the settlor or not. if the answer is in the affirmative, those relying on the deed have discharged the onus which rests upon them.while affirming ..... appellate court should have presumed the existence of the fact relating to money due against the defendant as per the provisions of section 114 of the indian evidence act, 1872. it is urged that the trial court rightly presumed the due against the defendant, but the appellate court erroneously reversed the judgment on the ground .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-04-2008
Reported in : RLW2009(1)Raj28
..... 30 and report about the place where the knife was recovered ex.p/31 was prepared. the information given by the accused under section 27 of the evidence act were recorded before effecting the recoveries. the articles were sent for chemical examination to the forensic science laboratory from where the fsl reports were obtained. after completion of ..... trial court considered other circumstance against the appellant that the appellant's pant and shirt were recovered in pursuance of the information given under section 27 of the evidence act (recovery memo ex.p/25) and the pant and shirt of the appellant had blood stains over them. appellant chetan was wearing pant and shirt at the ..... the soil, the trial court rightly held that the said recoveries were not in pursuance of any information given by the appellant under section 27 of the evidence act. in addition to the above, it will be worthwhile to mention here that how the investigating agency came to know about this evidence, has not been explained. .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-31-2008
Reported in : 2008(133)ECC96; 2008(159)LC96(Rajasthan); RLW2008(4)Raj3657
..... of a manufactured product, and if it is specified in relation to any goods, in the section or chapter notes of the first schedule to the central excise tariff act, as amounting to manufacture, and is to be construed to be including, not only a person who employs hired labour in the production or manufacture of excisable goods, ..... of a manufactured product; and (ii) which is specified in relation to any goods in the section or chapter notes of [the first schedule] to the central excise tariff act, 1985 (5 of 1986) as amounting to [manufacture; or] (iii) which, in relation to the goods specified in third schedule involves packing or re-packing of such ..... the course of repairing and maintenance of plant and machinery. waste and scrap of metal has been defined under section note 8 of section xv of the central excise tariff act. in the factory of the assessee, such metal scrap is generated while mechanical working of metal products, and therefore, fall under the category of excisable goods, and .....
Tag this Judgment!Court : Rajasthan
Decided on : May-07-2008
Reported in : RLW2009(1)Raj46
..... rules of 1990 and 2004 and even subsequently amended and substituted rules in regard to overloading providing for charging punitive charges under section 73 of the act is negatived and said rules are held to be intra vires and constitutionally valid.(ii) for determination of questions of facts including unreasonableness of punitive ..... approaching railway rates tribunal, which learned counsel for the respondents informs is working only at chennai of course is there, the tribunal constituted under the railways act, 1989 for exercising such jurisdiction for entire country ought to have at least one bench in every state to make such remedy adequate effective and meaningful ..... . m.r. singhvi appearing on behalf of the petitioner submitted that the petitioner is giving up the challenge regarding constitutional validity of section 73 of railways act, 1989. he has submitted that the petitioner is now challenging only the validity of concerned rules of 2004, therefore, the matter is required to be .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-29-2008
Reported in : RLW2008(2)Raj1453
..... an inquiry under section 18, straight way proceeded against the petitioner under section 70 for violation of sub-section (1) of section 17 of the act. this was simply based survey report of devesthan inspector who however could not substantiate that temple was a public trust in that proceedings whereas the ..... again submitted reply to the notice inviting attention of the asstt. commissioner, devasthan towards the fact that earlier twice proceedings initiated under section 70 of the act have been dropped. learned counsel argued that penalty proceedings under section 70 being in nature of judicial proceedings, having once attained finality could not be re- ..... the order dated 21.1.95 whereby asstt. devisthan commissioner, bikaner directed initiation of inquiry under section 18 of the rajasthan public trust act, 1959 (for short 'the act') against the petitioner in relation to temple in question. this order was earlier challenged by the petitioner in appeal before the devasthan commissioner .....
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