Court : Rajasthan
Decided on : Feb-28-1997
Reported in : 1997CriLJ3091
..... the learned sessions judge, jaisalmer held the eo/go/r158/97/mpp/usa petitioner guilty of the offence under section. 8/18 of the narcotic drugs and psychotropic substances act, 1985 (the ndps act), convicted him as such and sentenced him to 10 years' r.i. and rs. 1 lac fine.2. briefly stated the prosecution case is that on sept. 2 ..... already taken by the subordinate officer. in that sense of the matter compliance of section 57 is not mandatory but for that reason its importance in the scheme of the act cannot be minimised (see state of punjab v. balbir singh).8. it is trite law that provisions of a penal statute, imposing penalties and punishment on the subject must ..... serve a dual purpose. on the one hand it affords an element of authenticity to the action taken by him in the cause of preventing commission of offences against the ndps act. the consciousness of compliance of this section puts, in a sense, a sort of check on the arbitrary exercise of his powers of arrest and seizure by him .....
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 : Mar-03-1997
Reported in : 1997CriLJ2879
..... wife continuously remained with him happily and voluntarily left the house. the petitioner was at decdwana in district nagaur at the alleged time of committing cruelty serving in bal vikas pariyojana department as revealed from annexures 21 and 20. the other petitioners are living separately and they have been roped in by smt. rashmi without any ..... otherwise of the allegations made in the fir or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice.8. the bare reading of fir lodged by smt. rashmi kalla shows that she has made specific and clear allegations against ..... is sufficient ground for proceeding against the accused. where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-11-1997
Reported in : 1998CriLJ267; 1997(1)WLN396
..... to be arrested has entered into, or is within, any place, any person residing in or being in charge of such place shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein.(2) if ingress to such place cannot be ..... would, if produced, be unfavourable to the person who withholds it. there is a long gap between drawing of adverse inference under section 114(g) of the evidence act on account of non-production of some evidence and the discarding of the testimony of witnesses who are reliable. this is why, if reliable witnesses, are examined before the ..... the court in all cases, nor they have discussed the best evidence rule and the provisions relating to drawing of adverse inferences under section 114(g) of the evidence act. in the instant case, pramil son of the complainant, complainant's wife and complainant's daughters have not been examined during the inquiry under sections 200 and 202 .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-27-1997
Reported in : II(1997)DMC143; 1997(3)WLC322
..... mr. b.l. mandhana, learned counsel for the appellant wife, canvassed firstly that the court below had no jurisdiction to entertain the petition under section 26 of the act as no proceedings were pending before it and the decree for divorce was passed much earlier. the second contention of learned counsel is that the court below has not ..... file appeal against the said decree. on may 13,1991 the husband initiated proceedings under section 26 of the act seeking custody of minor child pooja. the wife opposed the application. learned lower court framed two issues, one in respect of entitlement of custody of pooja and another ..... at sewar in her parental home. the respondent husband (for short 'husband') instituted a petition for divorce against the wife under section 13 of the hindu marriage act, 1955 (for short act') on the ground that she was living in adultery. the petition was allowed and an ex-parte decree was passed on july 5,1990. wife did not .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-02-1997
Reported in : 1998CriLJ1464
orderp.c. jain, j.1. the wife-petitioner has filed this revision petition under section 19 of the family courts act, 1984 against the order dated 23-9-1995 passed by the learned judge, family court, jodhpur whereby the application filed under section 125, cr. p.c. by the wife-petitioner .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-02-1997
Reported in : AIR1998Raj21; 1997(3)WLC193; 1997(1)WLN376
..... and that he is properly represented in a suit filed against him. the court should be satisfied not merely that the proposed guardian is a fit and proper person to act as guardian but also that he has no interest, directly or indirectly adverse to the minor. it is well settled that a decree passed against a minor not properly represented ..... 3 of order 32 enjoins upon the plaintiff to move an application and get the order for appointment of guardian for the minor for the purpose of suit, who can act in the name and on behalf of the minor. the procedure for deciding the application has been prescribed in sub-rules (3) and (4). the court, thereupon, can appoint father .....
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 .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-04-1997
Reported in : 1998CriLJ132
..... sealed packet was contraband opium.3. the appellant denied the charge framed against him under section 8/18 of the act, 1985. he stated in his statement under section 313, cr. p.c. that the facts disclosed by the prosecution are wrong and no opium was recovered from him. ..... the appellant by dy. s. p. shri azad kumar sharma on 21 -3-94 at police station, subhash nagar and a case under section 8/18 of the act, 1985 was investigated and after usual investigation a challan was filed against the appellant on receiving the report from forensic science laboratory, rajasthan, jaipur that the material in the ..... resident of bapoli, district, panipat (haryana). he was informed about his right to be searched in the presence of a gazetted officer or a magistrate under section 50 of the act, 1985 through memo ex. p4. the appellant accused gave his consent for search by the dy. s. p. dy. s. p. shri azad kumar sharma conducted search in .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-09-1997
Reported in : 1998CriLJ557
..... on record came to the conclusion that the complainant was guilty of making encroachment over the govt. land and therefore, proceedings under section 91 of the land revenue act were initiated against him. he further held that the non-petitioner no. 2 being the sub divisional officer went to the site and instructed the complainant to remove ..... his encroachment. she went to the said agricultural land in the capacity of the sub divisional officer and it fell within his official act which she was supposed to perform as a public servant. the complainant himself has admitted that the proceedings for the alleged encroachment were taken in respect of ..... matter was reported to the higher authorities including non-petitioner no. 2. she herself went to the site and directed the petitioner to remove the stone slabs. her act was, therefore, only to ask the petitioner to remove the stone slabs. there is no dispute about this fact that she being s.d.o. was competent to .....
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