Court : Rajasthan
Decided on : Jul-02-1997
Reported in : 1998CriLJ38
..... 313 of the criminal procedure code. he has, therefore, prayed that this fact should be taken into consideration by the court and appropriate orders be passed under the juvenile justice act. the learned public prosecutor has supported the judgment of the trial court and prayed for dismissal of the appeal.9. we have carefully considered the rival arguments and ..... years old and accused kishnia as according to his statement was 20 years old, and therefore, these accused persons should be given the benefit of the juvenile justice act.24. we do not find any force in the submission made by the learned counsel for the accused. there is nothing to justify the conclusion that accused mania ..... be available to them because the provisions of section 3 apply to enquiry only and have no application to trials and appeals. section 26 of the juvenile justice act, 1986 does not apply to the case of the accused because on the date of the conviction by the learned sessions judge they were not juveniles.25. for .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-02-1997
Reported in : 1998(1)ALT(Cri)21; 1998CriLJ1528; 1998(1)WLC424; 1997(2)WLN1
..... 1 was true or false. the learned sessions judge has not exercised his powers under section 165 of the indian evidence act. it is therefore, not open to him to say that the statement of smt. chothudi p.w. 2, who is otherwise reliable witness can be discarded on the ground ..... the statement of smt. chothudi p.w. 2 was reliable. it was open to the learned sessions judge to have exercised his powers under section 165 of the indian evidence act by putting relevant questions to smt. chothudi p.w. 2, chhaganlal p.w. 5 and suvalal p.w. 6 to ascertain whether the statement made by bhanwari p.w. ..... if so, how it was reconcilable with their own versions. the learned sessions judge did not deem it fit to exercise his powers under section 165 of the indian evidence act for removing the inconsistency pointed by him between the statement of bhanwari p.w. 1 and the other witnesses. obviously, it means that when the witnesses, namely, smt. chothudi p .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-02-1997
Reported in : 1998CriLJ262; 1998WLC(Raj)UC102
ORDER1. This petition under Section 482, Cr. P.C. is directed against the orders dated 21-3-1997 3-4-1997 and 5-4-1997 passed by the learned Additional Sessions Judge No. 3, Jodhpur whereby the learned Addl. Sessions Judge disposed of the three applications moved by the petitioner under Section 311, Cr. P.C.2. At the very outset, we may observe that normally, the petitioner was required to file three separate petitions against each of the above orders. The petitioner was, therefore, not justified in filing this petition against three orders passed on different dates by the learned Addl. Sessions Judge as aforesaid. However, since this matter pertains to a murder reference pending before this Hon'ble Court, we deem it proper to dispose it of on merits.3. The brief facts leading to this petition are that while dealing with murder reference No. 1 of 1996 as also Criminal Appeals Nos. 407 and 418 of 1996 filed by the accused appellants against the judgement of the learned Addl. Sessions Ju...
Tag this Judgment!Court : Rajasthan
Decided on : May-29-1997
Reported in : 1998CriLJ252
..... 26-2-97 and the learned trial judge, while examining and discussing the circumstances, lastly, resulting in death of the deceased, concluded that it was not a deliberate and intentional act on the part of dr. kamal gotra or any other medical officer and, as a result, finding no prima facie case of his involvement, either in the alleged conspiracy or ..... causing death of harish agarwal and, as a result, the accused petitioner who is involved in as many as 22 cases including those of murder, under the arms act. n.d.p.s. act etc. and, therefore, looking to the nature of the offences, besides there being a strong motive to grab an amount of rs. 21,00,000/- to which the .....
Tag this Judgment!Court : Rajasthan
Decided on : May-29-1997
Reported in : (1998)IILLJ970Raj
..... and stability from which it can reasonably be concluded that the establishment can in the normal way bear the burden of contribution towards the provident fund under the act would not be covered by this definition. the word 'employment' must, therefore, be construed as employment in the regular course of business of the establishment; ..... clearance certificate from the department of p.f. commissioner.'under this clause in the contract, the contractor is required to provide all benefits of provident-fund act to the persons engaged in his establishment on temporary or permanent basis and he is made responsible to keep all the records in relation thereto and further ..... principal employer. in case, the contractor fails to submit the requisite information for deposit of the provident-fund of his employees as per the provisions of the act of 1952 or the scheme, 5% of the gross payment towards the provident fund account shall be kept in the miscellaneous account. if the contractor produces the .....
Tag this Judgment!Court : Rajasthan
Decided on : May-27-1997
Reported in : 1998CriLJ150
..... established that the assault made on mangu singh was in prosecution of the common object of the unlawful assembly.9. the next important question to be decided whether the act of the accused persons is punishable under section 302 read with section 149 of the indian penal code. the prosecution has adduced evidence to prove that the accused ..... and budharam p.w. 11 are the police constables, who carried the malkhana articles to forensic science laboratory, jaipur. chunnia p.w. 2, misra p.w. 3 and bal want singh p.w. 4 are the witnesses of recovery of certain articles during investigation.8. bhawani singh p.w. 6 and chhatar singh have given statements to the effect ..... , prayed that the appeal be allowed and the appellants be acquitted of both the charges. in the alternative, the learned counsel for the appellants has submitted that the act of the accused does not travel beyond the scope of section 325 of the indian penal code, because there is no evidence to prove that all the accused persons .....
Tag this Judgment!Court : Rajasthan
Decided on : May-20-1997
Reported in : AIR1998Raj71; 1997(3)WLC78
..... circumstances, the arbitration proceedings abate? 3. these questions emerge in the following circumstances. (a) during the pendency of petition under section 20 of the arbitration act, 1940 (for short the act 1940) non-petitioner sita ram on april 30, 1994 moved an application before the learned court below under order 22, rule 3, c.p.c. ..... aug. 14, 1993. as per legal representatives were not brought o record by the applicants m/s. brimco bricks and others, therefore petition under section 20 of the act 1940 abated. (b) on may 20, 1994, the legal representation of late smt. chanda devi alongwith partner ofthe firm damodar das, submitted another application requesting the learned ..... the action for filing the revision has been resorted to by the petitioners. 4. the first question for consideration is whether having regard to the provisions of the act 1940 and rules made thereunder, order 22, c.p.c. can at all be applied to arbitration proceedings. 5. an agreement between the parties is the .....
Tag this Judgment!Court : Rajasthan
Decided on : May-14-1997
Reported in : 1998CriLJ435
..... , gandasi was recovered on 28-12-1988 vide ex. p/12 at the instance of the accused appellant after he had made a disclosure statement under 27 of indian evidence act. site plan of the place of recovery of gandasi was also prepared which is (sic) post mortem of dead body of deceased was conducted on 22-12-1988. the articles .....
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 .....
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 .....
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