Court : Rajasthan
Decided on : Apr-23-1990
Reported in : 1990(2)WLN49
..... undergo two months simple imprisonment each under section 302 read with section 149 ipc appellant malkiyat singh was also convicted under section 148 ipc and section 27 of the arms act and was sentence to one year's rigorous imprisonment on the first count and one year's rigorous imprisonment and a fine of rs. 200/-, in default to one month .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-09-1990
Reported in : 1991ACJ546
N.C. Kochhar, J.1. The facts giving rise to the appeal and the cross-objections against the award dated December' 17, 1985, passed by Mr. Jagat Singh, Judge, Motor Accidents Claims Tribunal, Kota, are as under:On the morning of 7th April, 1982, at about 9.30 a.m., respondent Kishan Lal was going on scooter at Gumanpura Road near Poolia at Kota. At that time jeep, bearing No. RRR 8750, which was owned by the appellant No. 1, State of Rajasthan and was being driven by Vishnu Dutt, driver, came from the opposite direction and there was an accident between the scooter and the jeep. Respondent fell down from the scooter. In the accident his left foot was fractured and he also received some abrasion injuries on the foot. He became unconscious and was removed to the hospital by AW 2, R.R Kapur. In the hospital Dr. Y.K. Sharma examined the respondent. The respondent remained admitted in the hospital for about 8 days and thereafter he took rest at his residence. He filed a petition claiming a s...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-09-1990
Reported in : 1990(2)WLN512
..... placed reliance on decision of their lordship of the supreme court in marathwada university v. seshrao bal want chavan 1989(3) scc 132 wherein it has been observed that it is a settled principles of law that when the act prescribes a particular body to exercise a power, it must be exercised only by that body. ..... parekh has submitted that in pursuance of the above decision of mohan lal sukhadiya university, shri i.s.bhandari controller of examinations of mohan lal sukhadiya university acted as a representative of the raj. agriculture university for conducting the examinations and as the examinations were conducted by him in his capacity as controller of ..... were conducted, the statutes of the rajasthan agriculture university were not in existence. now let us see whether the vice chancellor of the rajasthan agriculture university has acted beyond the scope of his powers.29. section 2 of the rajasthan agriculture university article 198 relates to the definitions. s.2(1) defines 'regulations' as .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-02-1990
Reported in : I(1991)ACC39; 1990ACJ724
milap chandra, j. 1. these appeals have been filed under section 110-d, motor vehicles act, 1939 against the judgment of the motor accidents claims tribunal, jodhpur dated january 10, 1985, awarding rs. 9,280/- and rs. 15,000/- to the claimants dr. prem singh (appellant .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-30-1990
Reported in : 1990(2)WLN24
R.S. Verma, J.1. Learned Addl. Sessions Judge No. 1 Hanumangarh exercising jurisdiction in Sessions Division. Sriganganagar, has convicted accused-appellants Inder Singh alias Thunia Singh & Nahar Singh for offences Under Sections 302 read with 34, IPC and 450 IPC. On the first count, he has sentenced each one of the appellants to undergo imprisonment for life and to pay a fine of Rs. 1000/- each and in default to undergo further rigorous imprisonment for six months. On the second count, each of the appellants has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/- each end in default, to undergo further rigorous imprisonment for three months each. Both the substantive santence have been ordered to run concurrently. Aggrieved Inder Singh has filed D.B Criminal Jail Appeal No. 367/85 while Nahar Singh has filed D B. Criminal Jail Appeal No. 368/85. Since both the appeals arise out of a common judgment, they have been heard together and are bein...
Tag this Judgment!Court : Rajasthan
Decided on : Mar-27-1990
Reported in : 1990(2)WLN607
..... by the petitioner against the order dated january 28, 1986; passed by the collector, and district magistrate, bharatpur under section 6a of the essential commodities act, 1955 (for short, ec act). the revision petition arises in the following circumstances.2. m/s prem industries and oil mills bharatpur is manufacturer of oil. it is. a partnership ..... , nai mandi bharatpur. the enforcement in specter filed a report to the collector and the collector, bharatpur gave a notice under section 6a of the ec act and reply was filed on behalf of the firm explaining the various irregularities which were allegedly found and the learned collector under dated january 28,1986, ordered ..... bags of ground-nut weighting 20 quintal and 40 kg. an appeal was filed by the petitioner firm against the order of confiscation under the special provisions act, passed by the collector and the appeal was dismissed.3. it was contended by the learned counsel for the petitioner that each and every contravention alleged to .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-21-1990
Reported in : 1990(2)WLN22
Kanta Bhatnagar, J.1. This appeal directed against the judg-ment dated 16-1-1990 by the learned Sessions Judge, Hanumangarh on which appellant Bhola Singh was held responsible for the murder of Mandar Singh alias Sukhmendra Singh and was convicted Under Section 302, IPC. He was sentenced to imprisonment for life and a fine of Rs. 100/-, in default to under-go one month's simple imprisonment.2. The prosecution case is that on 11-6-1988 at about 5.15 a.m. the father of the appellant and deceased Sukhmendra Singh lodged a report at Police Station, Hanumangarh that on the previous day Sukhmendra Singh and Bhola Singh had gone to the field with tractor to irrigate the field. In the evening Bhola Singh came to the house and took food for himself and his brother. That, at 12 or 12.15 in the night, the neighbourer of the field, Darshan Singh, went to Hameer Singh and informed him that Sukhmendra Singh had gone to his field and informed that at his tubewell four unknown persons had given a beat...
Tag this Judgment!Court : Rajasthan
Decided on : Mar-09-1990
Reported in : 1990(2)WLN84
..... the alleged unlawful assembly. to the extent of these improvements, the prosecution version is unreliable and unworthy of credence. at any rate, it is not safe to act upon such evidence, particularly when the evidence is partisan and infirm here, we may briefly refer to evidence of alleged participation by these three appellants in the occurrence. ..... they allege that jodh dan's camera had been looted by the appellants. evidence of such infirm and partisan witnesses requires some sort of corroboration to bi acted upon and it would be extremely unsafe to rely upon their uncorroborated testimony. testimony of one infirm witness may not be used to corroborate testimony of another ..... accused appellants formed an unlawful assembly with the intention of causing simple and grievous hurt to jodh dan, bhanwar dan and umar dan and it was an individual act of bhika to cause death of jodh dan by assaulting him. upon such findings, he acquitted all the accused persons of charges under sections 447, 427 .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-05-1990
Reported in : 1990(1)WLN159
..... when the incident took place. in our opinion, no such presumption can be drawn by the subsequent presence of the appellant at his house. under s. 114, of the, evidence act a court may presume that a thing or state of things which has been shown to be in existence within a period shorten than that within which such things or .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-01-1990
Reported in : 1990(2)WLN73
..... . in order to appreciate the difference between civil contempt and criminal contempt, a reference be again made to the definitions as given under section 2 of the act. civil contempt means, wilful disobedience of any order of the court which includes judgment, decree, direction etc. while criminal contempt can be committed by publication of ..... the application is described as a criminal contempt petition, it cannot be said to be conclusive because ultimately the nature of the contempt would depend upon the act of non-petitioner. the petitioner in this case has described this contempt petition as a criminal misc. contempt petition because it arises out of the order ..... and on consideration thereof, decide to take cognizance of the case and direct the issuance of notice in accordance with the provisions of section 17 of the act. in this particular case no order taking congizance had been passed at all as the chief justice while passing an administrative order regarding initiation of disciplinary .....
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