Court : Rajasthan
Decided on : Oct-15-1997
Reported in : 1998CriLJ2618
..... which the apex court held that a prosecutrix of sex offence cannot be put on par with an accomplice. she is in fact a victim of the crime. the evidence act no where says that her evidence cannot be accepted unless it is corroborated in material particulars. she is undoubtedly a competent witness under section 118 of evidence ..... act and her evidence must receive the same weight as is attached to an injured in cases of physical violence. the same degree of care and caution must attach in the ..... the outcome of the charge levelled by her. if the court keeps this in mind and feels satisfied that it can act on the evidence of the prosecutrix, there is no rule of law or practice incorporated in the evidence act similar to illustration (b) to section 114 which requires it to look for corroboration. if for some reason the court is .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-01-1997
Reported in : AIR1998Raj73
ORDERA.S. Godara, J. 1. This Civil Revision Petition has been filed against the appellate order dated 10-9-1997 passed by the Addl. District Judge No. 2, Bikaner in C.M.A. No. 109/96 thereby dismissing the appeal of the plaintiff-petitioners and affirming order dated 17-8-1994 passed by the Civil Judge (JD), Bikaner, who had disallowed application for temporary injunction filed by the appellant-petitioners. 2. Briefly stated, the facts giving rise to the present petition arc as follows : The plaintiff-petitioners filed a suit for permanent injunction in the trial Court and so also moved an application for temporary injunction with a prayer that the defendant-respondent be restrained from interfering with the possession of the petitioners by way of dispossing them from the suit premises which are five shops described as 19-G, 19-H, 19-I, 19-J and 19-K situated near the Jassu Gate, Bikaner. Besides, it may also be mentioned that plaintiffs' case is that plot of land measuring 10 x 100 ft...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-30-1997
Reported in : 1998CriLJ2439
..... of speedy trials of such offences to issue the following guidelines/instructions/requirements for observance by the special courts, viz. :-(1) offences under the act being non-bailable, complaints by the public servants, competent to file such complaints, shall invariably, be received and registered by the special courts on ..... the accused while transporting an essential commodity, in respect of which an order prohibiting the transportation thereof is made under section 3 of the act, contravenes the relevant order and in the course of committing the contravention of the relevant order by illegally or unauthorisedly transporting the essential commodity ..... raise certain questions of vital and important significance. i, therefore, propose to examine the legal issues raised in the context of the administration of the act before me somewhat analytically, critically and exhaustively. in main the following two questions arise for serious consideration, viz.(1) whether the provisions contained in .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-30-1997
Reported in : AIR1998Raj85; 1997(2)WLN535
..... persons mentioned therein. thus, the protection/ exemption granted to deity a perpetual minor/ permanently disabled/infirm person cannot be taken away by the provisions of any other act.iii. it is the solemn duty of and legal obligation on the state administrative authorities and courts to protect the interest of minor, disabled person and the ..... in the property being successorof mangha ram pujari, who obtained the khatedari rights in his favour in contravention of the statutory provisions of section 46 of the act, the same is of no consequence whatsoever. thus, there can be no justification for the board of revenue for setting aside the judgment and order of ..... khatedari rights in favour of mangha ram pujari was in flagrant violation of the mandatory provisions of sees. 16 and 46 of the rajasthan tenancy act, 1955, hereinafter called the 'act 1955' and the entry of khatedari rights in the name of mangha ram pujari was nothing but a fraudulent activity. the deity being perpetual minor .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-29-1997
Reported in : 1998CriLJ3372
..... & sentence of appellant dharampal singh for offence under section 302, ipc for committing murder of narsingh and for the offence under section 27 of the arms act are hereby maintained. however appellant dharampal singh is acquitted for offences under sections 459 & 302, ipc for committing the murder of hari singh by giving him ..... of narsingh was also splashed on the floor (aangan). despite searching cross- examination his testimony has remained consistent and unshattered, so far as the overt act of appellant dharampal singh is concerned, but his statement regarding the alleged exhortation made by appellant jaivir singh to dharampal does not appear to be reliable, ..... trial judge ignored this material and substantial improvement. shri bajwa urged that admittedly appellant jai vir singh was neither armed with any weapon nor any overt act was attributed to him in the fir and the police statements. moreover, no charge was framed against him that he had abetted or exhorted appellant dharampal .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-25-1997
Reported in : 1998CriLJ287; 1997(3)WLC750
..... digging the earth. it was all more necessary when the accused knew that the labourers were coming nearer him to collect the earth dug by him. in our opinion, the act of the accused constitutes criminal negligence, and the case come under section 304a i.p.c. though a separate charge under section 304a i.p.c. has not been framed ..... obvious that the accused did not take proper care and caution when he worked the spade on the earth. the facts of the case clearly reveal that the accused was acting negligently. criminal negligence is the gross and culpable neglect or failure to exercise that reasonable and proper care and precaution to guard against injury either to the public generally or ..... the accused did not see him he worked the spade which hit bhika ram.13. in our opinion, on the facts proved, it can be said with certainty that the act of the accused neither comes within the net of section 302 or even 304 i.p.c. it is relevant to state that according to dr. shiv narayan, who had .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-17-1997
Reported in : I(1999)DMC154; 1998WLC(Raj)UC17
..... court judge has not given any finding regarding capability of the appellant in protecting her rights in defending the petition filed against her under section 13 of the hindu marriage act for dissolution of marriage by a decree of divorce. the learned family court judge has not considered the provisionsoforder32, rule 15, civil procedure code in the proper perspective, a-dw 1-respondent ..... computer certificate in 1987. the husband suspected her of mental illness and on 2.5.1992 filed a petition under section 13(1)(ia) and (iii) of the hindu marriage act, 1955 seeking dissolution of marriage by a decree of divorce on the ground inter alia that she was suffering from schizophrenia and therefore, she was a person of mental disorder .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-12-1997
Reported in : AIR1998Raj154; 1997(2)WLN531
ORDERJ.C. Verma, J. 1. In response to an advertisement for auction of plots in Saket Nagar Colony, Beawar, the petitioner had participated in the auction and was declared the highest bidder in respect of plot No. 7 @ 245/- per sq. meter. The plot No. 7 measured 164.79 Meters and the price of plot was assessed as Rs. 40,351.50/-. As per the conditions of the auction, the petitioner had deposited 25% of the cost of the plot on the same date vide receipt No. 83/96 of Book No. 83/1985. The petitioner had been waiting for a communication from the respondent-Housing Board and had even personally contacted the respondent No. 2 in his office. The petitioner had sent number of letters on 15-7-1991, 13-8-1991, 6-9-1991 and 27-2-1992. The petitioner have been praying for handing over the possession. The petitioner had even approached the District Forum, Ajmer, by filing a complaint. During the pendency of the complaint before the District Forum, the respondents vide letter dated 25-11-1992, accep...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-11-1997
Reported in : AIR1998Raj129; 1997(3)WLC758; 1997(2)WLN464
Madan, J. 1. This special appeal filed under Section 18 of the Rajasthan High Court Ordinance, 1949, is directed against the order dated 27-5-1997 passed by learned single Judge of this Court in S.B. Civil Writ Petition No. 2714/1997 whereby the said writ petition filed by the above named petitioner-appellant wasdismissed. 2. The facts which are relevant for decidingthe controversy between the parties briefly stated are that the appellant was admitted to B.Ed, course in the Government Teachers' Training College, Ajmer on the basis of merit after fulfilling the eligibility conditions as prescribed under the rules for the P.T.E.t. examination held by the respondent-University, Udaipur in the year 1990. Despite his persistent request he was not allowed to appear in the said examination conducted by the respondent-University w.e.f. 24-6-1991 and as a result he was constrained to file a suit for mandatory injunction in the Court of Munsif and Judicial Magistrate, Ajmer City (East) Ajmer whe...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-09-1997
Reported in : 1998CriLJ565
..... that word might be used in a scientific experiment. 11. thereafter, it was held that the case falls within the proviso of section 50-a of the calcutta police act, 1866.12. in these circumstances, i am also of the view that the observations and reasonings given in saligram's case (1933 (34) cri lj 168) ..... petitioner babubhai applied for conducting the above game also as is clear from his application but while issuing the licence, the district magistrate mentioned in coloumn no. 6 'bal manoranjan mela' which is with regard to the nature of performance of entertainment authorised to hold. thus, it cannot be said that petitioner babubhai was granted any licence ..... for every successful throw; total failure means loss of the stake. according to the concerned circle inspector, the above game was a game of chance and the above act falls within the mischief of section 13 of the rajasthan public gambling ordinance. he, therefore, registered a case against the petitioners.3. i have hard mr. sukh deo .....
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