Court : Rajasthan
Decided on : Apr-11-1997
Reported in : 1997CriLJ2722
..... come from different comunties do not stand by the prosecution version goes to show that the case is based on a concocted story and accused did not commit any act wihch was responsible for the death of laxmi. the learned sessions judge has obviously erred in convicting the accused.24. consequenlty, we accept the appeal, set aside ..... did not request the villagers to help him in getting his wife released. his this explanation that he continued to be labouring under the impression that by such acts his wife would become alright can hardly be believed. one can understand that villagers do believe in witchcraft and exorcism. however, on seeing the accused practising witchcraft ..... learned public prosecutor and amicus curiae of the accused. he held that laxmi had met homicidal death. he further held that the accused had tortured laxmi and his act was imminently dangerous which in all prohibitilily was likely to cause death, he, hoever did not find proved charges under sections 325 and 323, i.p.c. .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-22-1997
Reported in : 1998CriLJ2425; 1997(1)WLN605
..... and such sale by itself is an offence punishable under section 7 read with 16 of the prevention of food adulteration act. therefore, the submission that since jamna lal has been discharged accused bal kishan should also be discharged cannot be upheld as a correct proposition. so far as second submission made by the learned ..... order dated 1st october, 1991 and the charge framed by the learned additional chief judicial magistrate against the accused-petitioner bal kishan under section 7 read with 16 of the prevention of food adulteration act deserves to be quashed and is hereby quashed. the two objections raised by the learned counsel for the petitioner ..... learned chief judicial magistrate, bhilwara alleging the commission of offence under section 16(1) of the prevention of food adulteration act. the complaint was filed against two persons, namely, shri jamna lal and shri bal kishan, the learned chief judicial magistrate, bhilwara. took cognizance of the offence under section 7 read with 16 of .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-22-1997
Reported in : AIR1998Raj15; 1997(1)WLN555
..... act being just machinery or incidental provisions, the whole act is liable to be quashed and entire, act of 1983 was held to be unconstitutional on, the ground that the state legislature was not competent to enact it. in district council ..... the ground of delay and laches alone both the writ petitions should bedismissed. in om prakash agarwal's case (supra), the case was regarding the levy of cess under the act. the apex court quash the levy of cess and held that section 3 is charging section and rest of the sections of the .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-22-1997
Reported in : AIR1998Raj183; 1997(2)WLC527; 1997(1)WLN551
..... having even a better claim for the allotment of the sites. the housing board does not stand on the same footings as a private individual and it cannot act at the whim or fancy of its officers or under their garb or cloak for any extraneous consideration. its every action and activity is subject to judicial review/ ..... port authority of india, (1979) 3 scc 489: (air 1979 sc 1628) it has been observed :'if government acting through its officers is subject to certain constitutional and public law limitations, it must follow a fortiori that government acting through the instrumentalityor agency of corporations should equally be subject to the same limitation.'8. hence, clear and in equivocal ..... ordern.l. tibrewal, j. 1. the petitioner, new bright ways school samiti is an educational society registered under the rajasthan societies registration act, 1958. in this petition under article 226 of the constitution the society is seeking direction to the respondents to allot it 5,000 square metres of .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-26-1997
Reported in : 1998CriLJ248; 1997WLC(Raj)UC685
G.L. Gupta, J. 1. Through this appeal State of Rajasthan has challenged the acquittal of 9 respondents by the learned Addl. Sessions Judge, Nagaur vide his judgment dated 30-4-1982 under Sections 147, 148, 302, 302/149, 307, 307/149, 323 and 324/34, IPC.2. The case relates to an occurrence which took place on 5-10-1980 at 7 p.m. in village Chhila in which four persons received injuries Phoosaram succumbed to injuries after some time. The FIR Ex.P/4 was lodged by Dula Ram (PW 5) at Police Station, Balaji wherein it was stated that when he along with Phoosa Ram, Pema Ram and Sona Ram were returning to their houses from the field of Pusa Ram, they were given beatings in the field of Jogidan by Chandra Ram, Narain Ram, Chatra Ram, Sheraram Birma Ram, Kishan Ram, Purkha Ram, Birma Ram and Mohan Ram. On this report a case under Sections 147, 148, 149, 307 and 323, IPC was registered in the police. The police obtained the injury reports of Pusa Ram, Sona Ram, Dula Ram and Pema Ram, inspected ...
Tag this Judgment!Court : Rajasthan
Decided on : May-02-1997
Reported in : 1997CriLJ2752
..... unfortunate event are falsely prosecuting the accused persons for some oblique motive. this is fortified from the fact of pendency of a civil action under the fatal accidents act also instituted by the complainant.9. therefore, it is submitted that the conduct of the accused petitioners conclusively bears testimony to the fact that they were out ..... singh breathed his last at jaipur hospital; (iv) none, except sajjan singh, accompanied the dead body of bhanwar singh from sanderao to mada; (vi) prithvi raj acted as a sole guardian thereby getting bhanwar singh operated upon and the conduct of all the medical officers and experts is shrouded in mystery; and (vii) the resultant ..... persons, it may be observed that even if it is assumed that there is a prima facie case of commission of offences on the basis of circumstances, acts, omissions and conduct of the accused persons, this by itself, does not deter the court from granting bail to the petitioners specially when this occurrence is alleged .....
Tag this Judgment!Court : Rajasthan
Decided on : May-06-1997
Reported in : 1998CriLJ154
..... place of occurrence immediately, the witnesses told him that miss shafiat had been murdered. this statement of khadi khan is relevant under illustration (a) of section 6 of the evidence act. the statement of witness is relevant who has seen actual crime and who uttered it simultaneously. shami p.w. 9 has admitted that from the place where amir p.w .....
Tag this Judgment!Court : Rajasthan
Decided on : May-08-1997
Reported in : 1997CriLJ3372
..... rameshwar and that it is also proved that this injury was caused when the deceased expressed his desire to go to the police station to lodge a report against the act of carrying the crop from the field which he claimed to be in his possession. the object of causing injury to the deceased was of preventing him from going to ..... inflicted a lathi injury on the deceased. badri das deserves to be acquitted of the charge under section 302 read with 34,i.p.c.35. so far as the act of rameshwar is concerned, he was armed with a spear. he inflicted one single injury on the stomach of the deceased. the prosecution has failed to prove that rameshwar had .....
Tag this Judgment!Court : Rajasthan
Decided on : May-09-1997
Reported in : [1998]231ITR562(Raj)
..... diverting rs. 24 lakhs in the shape of share capital was diversion of income ?'12. the tribunal rejected the reference application under section 256(1) of the income-tax act, on the ground that the questions raised were more or less questions of fact, by passing an order dated april 25, 1991. it is the contention of the petitioner ..... ) of the income-tax act, 1961.3. the case of the petitioner, inter alia, is that during the course of assessment proceedings for the year 1980-81 the assessing authority found that the rate for ..... -tax appeal no. 482/jp of 1987, dated june 27, 1990. the tribunal rejected the application of the commissioner of income-tax under section 256(1) of the income-tax act vide its order dated april 25, 1991, which was communicated to the petitioner, vide diary no. 30, dated june 3, 1991.2. hence, this application under section 256(2 .....
Tag this Judgment!Court : Rajasthan
Decided on : May-13-1997
Reported in : (1998)ILLJ723Raj; 1997(3)WLC440; 1997(1)WLN613
..... the will of the central government. the central government merely obeys the command of the legislature. so these corporations carry on business under the authority of the acts of the legislature which created them. it is not possible, therefore, to accept the argument that the central government is the master of this corporation and ..... though an incorporated company such as heavy engineering is not carrying on business under the authority of the central government. if a company incorporated under the companies act is an independent entity, a new person, as the supreme court has said, the same principle will apply with greater force of logic to these commercial ..... the export credit and guarantee corporation limited or the industrial reconstruction bank of india, or the banking service commission established under section 3 of the banking service commission act, 1975 or a banking or an insurance company, a mine, an oil-field, a cantonment board for a major port, the central government, and (ii .....
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