Court : Rajasthan
Decided on : Mar-14-2002
Reported in : 2002(3)WLC432
..... cause death. therefore, in the light of the evidence on record and the established facts and circumstances of the case, the appellant can safely be attributed knowledge that his act of inflicting scissor blow is likely to cause death or such bodily injury as is likely to cause death. it is thus held that the appellant is guilty of having ..... be said beyond any stretch of imagination that the appellant had no intention to cause death of kafil. the basic ingredient of part i of section 304 ipc that the act done must be with the intention of causing death or of causing such bodily injury as is likely to cause done (sic death ?) is completely missing in the ..... was first attacked by a jeli by mangu, resulting into front portion of his neck entangled in between the forks of jeli. in these circumstances, it was held that appellant acted in the exercise of right of private defence and they did not exceed the right of private defence.18. in ram chandra v. state of rajasthan (supra), the complainant .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-19-2002
Reported in : 2002(4)WLC198; 2003(1)WLN30
..... created by a statute, even if its order is, expressly or by necessary implication, made final if the said tribunal abused its power or does not act under the act but in violation of its provisions.20. a constitution bench of the hon'ble supreme court in firm of illury subbayya chetty and sons v. state of ..... the civil court by express provision may not be a complete bar to entertain a suit if party satisfies the civil court that the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure. moreso, the statutory tribunal must be competent to provide all the remedies normally associated with the actions in ..... and ors., : [1997]2scr12 , the court observed that while entertaining the second appeal, the court should not over-look the change brought about by the amendment act of 1976 restricting the scope of second appeal drastically and now it applies only to appeals involving substantial question of law, specifically set-out in the memorandum of appeals .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-20-2002
Reported in : AIR2002Raj293; 2001(1)WLC709
..... 7, 14 and 15 thereof are relevant for the purpose, which are extracted and reproduced hereasunder:--'7. under the amended section 33 of the representation of the people act, 1951, the nomination of a candidate at the election to the house of the people or a state legislative assembly shall be required to be subscribed by-- (i ..... of para 2, 'political party' means an association or body of individual citizens of india registered with the commission as a political party under section 29a of the act of 1951. the scheme of the symbols order snows that it does not deal with unregistered political parties. it deals with registered political parties by sub-dividing them ..... .2000--'1. whether the nomination paper of mahendra singh gurjar was improperly rejected by the returning officer?2. whether validity of any provision of the representation of people act, 1951 or any rule made thereunder can be challenged in a election petition?3. relief ?'9. issue no. 2 as to whether validity of any provision of .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-20-2002
Reported in : RLW2003(1)Raj52; 2002(3)WLC504
..... mahesh jhalani (pw. 1) and suresh kumar saxena (pw. 2). these witnesses testified that back door of the house of the accused was not bolted from inside. the act of the accused in not making attempt to push the back door of his house was quite unnatural and it appears that the accused made attempt to call his neighbours ..... are proved to have been the integral parts of one and the same transaction and therefore the presumption arising under illustration (a) of section 114 of the evidence act is that not only the appellant committed the murder of the deceased but also committed robbery of her gold ornaments which form part of the same transaction.'in the ..... section 380 ipc. the accused was arrested on sept. 12, 1993 vide arrest memo ex.p.64. the accused while in custody gave information under section 27 evidence act leading to the recovery of cash and ornaments which according to the accused had been allegedly stolen from his house were recovered at his instance from the almirah belonging to .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-27-2002
Reported in : RLW2003(2)Raj1213; 2003(1)WLC346; 2002(5)WLN466
..... authority to any recognized voluntary agency working for the welfare of such animals or to a gaushala or a gosadan governed under the provisions of the rajasthan gaushala act, 1960 (act 24 of 1960) :provided that where there is no such voluntary agency or gaushala or a gosadan in any local area, the competent authority may entrust ..... than pinjrapole. however, this ruling would not be helpful to the learned counsel for the respondent no. 2 as sub-section (5) of section 7 of the act of 1995 clearly provides that only the competent authority or the divisional commissioner shall have jurisdiction to make orders with regard to possession, delivery, disposal or release of ..... appeal or may modify, alter or annual the order and make any further orders that may be just.(5) whenever any bovine animal is seized under the act the competent authority or the divisional commissioner shall have, and notwithstanding anything to the contrary contained in any other law for the time being in force, any other .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-27-2002
Reported in : (2004)86TTJ(NULL)410
..... the parties are admittedly income-tax assessees. the amount given and accepted was duly explained amount. hence, there was no addition made under section 68 of the act.5.8 while interpreting penalty provisions the legislative intent and the object behind the enactment plays important role and has always to be kept in mind. the cbdt ..... cit, bikaner range, bikaner.5. the learned authorised representative made the following submissions :5.1 the transaction with sister-concern was not covered by section 269ss of the act. it is an admitted position of facts that there are transactions between two sister-concerns. the assessing officer and the learned dy. cit both have used the words ' ..... 94.2. in this case, the assessing officer had levied a penalty of rs. 5,05,300 under section 271d of the act for violation of provisions contained in section 269ss of the act which prohibits taking or accepting from any other person any loan or deposit otherwise than by an account payee cheque or account payee .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-05-2002
Reported in : 2003(85)ECC774
..... in the facts and circumstances of this case, i do not find any merit or reasonable ground to suspense the impugned sentence as provided under section 37 of the ndps act. accordingly this third application no. 481/2001 is dismissed. consequently 2nd application nos. 330/2000, & 1st application no. 310/99, which the registry has been ..... did not amount to the suspension, remission or commutation of sentences which would be withheld under the garb of section 32a of the narcotic drugs and psychotropic substances act. notwithstanding the provisions of the offending section, a convict is entitled to parole, subject however, to the conditions governing the grant of it under the statute, if ..... a matter or right, rather the apex court laid much emphasis that power of suspension of sentence must be exercised within parameters of section 37 of the act. the apex court as regards parole held that parole is not a suspension of the sentence and the grant of parole is essentially an executive function to .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-12-2002
Reported in : 2003(2)ALT(Cri)7; 2002(3)WLC312
..... grave suspicion against the accused he will be fully justified to discharge the accused, and in exercising jurisdiction under section 227 of the code of criminal procedure, the judge cannot act merely as a post office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and the documents .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-16-2002
Reported in : RLW2003(3)Raj1553; 2002(5)WLC67; 2002(5)WLN426
..... that multiplier cannot exceed 18 years purchase factor. in the instant case, deceased was 40 years of age and the second schedule to section 163-a of the m.v. act, 1988 which can be taken as a guideline provides the multiplier for a different age group of the victims and for the age group from 40 years to 45 years ..... the death of a young boy.9. the tribunal failed to award the interest from the date of application. section 171 of the act provides that where any claims tribunal allows a claim for compensation made under this act, such tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-22-2002
Reported in : (2002)176CTR(Raj)177
..... for the time being, entered in the register of architects maintained under section 23 of the architects act, 1972 (20 of 1972) and also includes any commercial concern engaged in any manner whether directly or indirectly, in rendering services in the field of architecture ..... to accounting, auditing and certification services provided by them in their professional capacity. for the convenience some of the relevant provisions of the finance (no. 2) act, 1998, are extracted as follows'section 65. definitions.-in this chapter, unless the context otherwise requires,................(5) 'architect' means any person whose name is, ..... who is a member of the institute of chartered accountants of india and is holding a certificate of practice granted under the provisions of chartered accountants act, 1949, including any person engaged in rendering services in the field of chartered accountancy. the expression 'taxable service' has been defined in section 65 .....
Tag this Judgment!