Court : Rajasthan
Decided on : Aug-08-2000
Reported in : AIR2001Raj269; 2001(4)WLC628; 2002(1)WLN175
..... the husband. therefore, in such circumstances, if the non-petitioner insists on continuing with her employment and refuses to leave service, this cannot be said to be act of 'cruelty' justifying decree of divorce. 37. from perusing the petition of the petitioner and from perusing the statment of the petitioner, it appears that from the ..... need not amount to certainty. 28. in another case in dastane v. dastane air 1975 sc 1534, the hon'ble supreme court has held that proceedings under the act being essentially of a civil nature the word 'satisfied' in this section must mean 'satisfied on a preponderance of probabilities' and not 'satisfied beyond a reasonable doubt ..... marriage is a matter of grave import and the last expedient of the law. the court must not overlook that unlike the english enactments, the hindu marriage act leaves little discretion with it in the matter of granting or withholding relief. it must, therefore, refrain from analogy draw from cases decided under other enactments, .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-08-2000
Reported in : 2007(3)WLN210
N.P. Gupta, J.1. In this case vide order dt. 28.5.1997 show cause notice was ordered to be issued and the record of the trial court was ordered to be summoned. While so issuing notice, the proceeding pending in the learned court below was stayed till further orders. Thereafter, after service was effected, vide order dt. 25.4.1998 the revision petition was admitted. Then when the matter came up for consideration of the stay petition, vide order dt. 3.4.2000 the record of that main execution petition was also requisitioned. After receipt of the record the case was finally taken up oh 27.7.2000 and that day with the consent of the learned Counsel for the parties instead of considering the stay petition, the main revision itself was taken up for hearing which was concluded on 1.8.2000.2. By this revision the decree holder assails the order of the learned Executing Court dt. 28.3.1997 whereby the learned court below dismissed the petitioner's application filed Under Section 11 read with Sec...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-09-2000
Reported in : AIR2001Raj150; 2001(1)WLC176; 2001(2)WLN186
..... where an institution offering a course or training in teachers education immediately before the appointed day fails or neglects to obtain recognition or permission under this act, the qualification in teachers education obtained pursuant to such course or training or after undertaking a course or training in such institution, shall not be treated ..... of teachers education; and (n) perform such other functions as may be entrusted to it by the central government.' (10). sec. 13 of the act provides for inspection of recognised institutions and communication of the council's views in regard to the results of any such inspection. the council is also ..... co-ordinated development of teachers education and for the determination and maintenance of standards for teachers education and for the purposes of performing its functions under this act, the council may- (a) undertake surveys and studies relating to various aspects of teachers education and publish the result thereof; (b) make recommendations to .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-10-2000
Reported in : 2000(3)WLC399; 2007(3)WLN569
..... appeal, the supreme court held that from sees 3(1) to (7) of the uttar pradesh public services (reservation for scheduled castes, scheduled tribes and other backward classess) act, 1994, it is clear that while issuing any advertisement for direct recruitment to fill up any post or service in any grade or cadre in the university/educational institution established ..... for the proposition that the high court is bound to follow the principle of law laid down by the supreme court.31. in state of bihar and another v. bal mukund sah and ors. : [2000]2scr299 relied on by the learned counsel for the petitioner, a question arose as to whether the legislature of the state of bihar ..... 2 slr 321) (6) st. john's teacher training institute (for women), madurai etc. etc. v. the state of tamilnadu : [1993]3scr985 (7) state of bihar and anr. v. bal mukund sah : [2000]2scr299 (8) ajit singh and ors. v. the state of punjab and ors. : air1999sc3471 (9) indra sawhney v. union of india air 1993 sc. 447.(1) in .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-11-2000
Reported in : 2000(4)WLC612; 2001(3)WLN73
..... possession, which he holds in excess of celling area determined under sec. 30-c. keeping in view this scheme where any interest in the land which by voluntary act has been made to outstanding the holder must be considered to be an encumbered land to become part of surrender after the unencumbered land. what was implicit under the ..... in computing the lands held by bhanwar singh, the same cannot be considered to be an encumbered land within the meaning of sec. 30-e of the rajasthan tenancy act and, therefore, the respondents are bound to accept the opinion given by him for surrendering such land.(4). the contention is not well founded. the question of recognising ..... to surrender that land in respect of which transfer made by him had not been recognised for the purposes of computing the land held by him under the ceiling act.(3). it was contended by the learned counsel for the petitioners that the lands 'which have been transferred but such transfers have not been recognised for the ceiling .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-11-2000
Reported in : 2001CriLJ596; 2000(3)WLC102; 2001(1)WLN108
..... magistrate, the doctor is justified, indeed he was duly bound to record the dying declaration of the deceased. he is disinterested witness and the court should not refuse to act on the dying declaration recorded by the doctor. in suresh vs. slate of madhya pradesh (4), it was held that dying declaration recorded by doctor may be relied ..... homicide or suicide. in sharad birdhichand sarda vs. state of maharashtra (1), it was observed that it may be important to note that sec. 32 of the evidence act does not speak of homicide alone but includes suicide also, hence all the circumstances which may be relevant to prove a case of homicide would be equally relevant to prove ..... declaration was recorded.(9). the question arises how far the dying declaration is to be relied upon. shri dungar singh submitted that the dying declaration should not be acted upon as the police did not arrange to get bhagwati examined by a magistrate and that it was not possible for smt. bhagwati to state what is written in .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-11-2000
Reported in : 2000(4)WLC559; 2007(3)WLN76
..... of the criminal courts and not within the competence of the corporation or its officers to impose. even if a person agrees that he has committed the specified acts which entail punishment by way of fine, it can only be used is evidence before the competent criminal court for obtaining a conviction and imposition of penalty and ..... that behalf. considering the expression about the words 'punishable with fine', the court said:the normal rule of legislative drafting is that wherever it says that a particular act shall be punishable with fine', it contemplates its imposition by a criminal court only. be that as it may, both sections 116 and 388 speak of 'punishable with ..... the goods were not accompanied with transit pass and levy tax or penalty on that basis. in there circumstances, it cannot be said that the respondents have acted within the limits of law in imposing octroi authorised by law after seizing the goods outside the municipal territory and which has entered the municipal limit only at .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-17-2000
Reported in : 2001CriLJ91; 2001(2)WLN91
..... supreme court on sentence propounded its opinion in the following manner:- 'sentencing an accused person is a sensitive exercise of discretion and not a routine or mechanical prescription acting on hunch. the trial court should have collected materials necessary to help award a just punishment in the circumstances. even if sec. 360 cr.p.c. is not ..... required is that there must be some additional evidence rendering it provable that the story of the accomplice (or complainant) is true and that is reasonably safe to act upon it. 2. the independent evidence must not only make it safe to believe that the crime was committed but must in some way reasonably connect or ..... earlier in the year 1951 in rameshwar kalyan singh vs. state of rajasthan (1) and taking into considerations both sec. 133 and 114(b) of the indian evidence act, answered the question in the following manner:- 'the rule, which according to the cases has hardened into one of law, is not that corroboration is essential before there .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-22-2000
Reported in : 2000(4)WLC575; 2001(1)WLN299
..... which the estate officer is authorised to levy the penalty for delayed eviction other than charging damages for use and occupation under sec. 7(2) of the act.(21). the conclusion is irresislible that the order made by the estate officer was one which was without authority of law and which the estate officer had no ..... sringar singh & party vs. state of raj. & ors. (2) decided on august 11, 2000 while construing the like provision under rajasthan municipal corporation act. sec. 11 of the act of 1971 also speaks about the offence of unlawfully occupying any public premises 'to be punishable with simple imprisonment which may extent to 6 months or fine which ..... of supreme court in municipal corporation, ludhiana vs. commissioner, patiala (1) reads as under:-'the normal rule of legislative drafting is that wherever it says that a particular act shall be 'punishable with fine', it contemplates its imposition by a criminal court only. be that as it may, both sec. 116 and 388 speak of 'punishable .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-25-2000
Reported in : 2001(4)WLC455; 2001(1)WLN30
ORDERShethna, J.(1). The respondent nos. 4 and 5 filed suit against the petitioners for partision of their agricultural land before the court of Addl. Collector and S.D.O., Jodhpur. As many as 7 issues were framed by him in the suit. Issue no. 6 was decided as a preliminary issue against the plaintiffs- present respondent Nos. 4 and 5 and consequently the suit was dismissed by judgment and decree dated 20.7.1999. It was challenged by the respondent nos. 4 and 5 in appeal before the Revenue Appellate Authority, Jodhpur. The period of limitation for filing the appeal was 60 days, meaning thereby, the last date was 19.9.1999. However, the appeal was filed within time i.e. on 10.8.1999. It must be stated that in appeal only certified copy of the judgment was filed, but not the decree.(2). Before the appellate court, the petitioners raised objection about the maintainability of appeal on the ground that it was time barred inasmuch as certified copy of the decree was not filed alongwith the ...
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