Court : Rajasthan
Decided on : Apr-20-2001
Reported in : 2007(2)WLN715
..... prakash. accused appellant was arrested at 8.00 a.m. through memo ex.p/26. he gave a voluntary disclosure statement ex.p/27 under section 27 of the evidence act at 10.15 p.m. on 13.10.1995 and in pursuance thereof got an axe recovered from his residential house at 11.30 a.m. through ex.p/6 .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-19-2001
Reported in : 2002(5)WLC809; 2001(4)WLN271
..... shah theatres, as already stated, the state government had rejected the application of the trust seeking exemption from the regulatory provisions of the rent act on december 5, 1982 but the trust again approached and this time exemption was granted vide notification dated september 13, 1983. the petitioner pleaded ..... contended on behalf of the petitioners that impugned notifications are absolutely arbitrary, illegal and violative of principles of natural justice as protection of the rent act has been withdrawn without, providing opportunity of hearing to the petitioners. the respondent trusts have obtained exemptions not for any charitable, educational or religious ..... the respondent trust with a view to obtain unreasonable high rate of rent approached the government seeking exemption from the regulatory provisions of the rent act but the state government rejected the application and refused 'to grant exemption. respondent trust again approached the state government and this time exemption was .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-16-2001
Reported in : 2007(3)WLN216
..... submitted that the labour court was wrong in coming to the conclusion that the services of respondent workman was terminated in violation of section 25-f of the industrial disputes act. he submitted that the respondent workman himself left the job and it is a case of abandonment of service. he, therefore, submits that the impugned award passed by the labour ..... court be set aside.3. whether the workman had left the job on his own or his services were terminated in violation of provisions of industrial disputes act is a pure question of fact which cannot be gone into and decided by this court in its jurisdiction under article 227 of the constitution of india. though this petition .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-13-2001
Reported in : 2002(5)WLC549; 2001(4)WLN204
..... an excessive sentence defeats its own object and tends to further undermine the respect for law. the jails should be reserved for the reception of those who perform criminal acts of not merely a technical but of a criminal character. if the law permits a sentence of fine as an alternative, there is no need of the sentence of ..... be killed since she had seen them and, thereafter, accused appellant took out knife from his pocket and gave many blows on the person of pw1 nirmala. from this act, intention on the part of the accused appellant to murder pw1 nirmala can be gathered.31. in these circumstances, the learned addl. sessions judge no. 3, jodhpur was ..... be deduced from other circumstances, and may even, in some cases be ascertained without any reference at all to actual wounds. the section makes a distinction between an act of the accused and its result, if any. it is also not necessary that injury actually caused to the victim of the assault should be sufficient under ordinary circumstances .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-12-2001
Reported in : 2001(3)WLC549; 2007(2)WLN672
..... a self owned land and not on rented premises. in the absence of any such condition spelt out in the notification issued under section 4 of the rajasthan sales tax act, which is a piece of subordinate legislation, no additional conditions de hors the requirement of the scheme can be imposed for availing the benefit, if all the conditions envisaged under .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-12-2001
Reported in : 2003(1)WLN81
..... support the contention that the company was commercially insolvent. the ruling has no application to the present case where clearly presumption under section 434(1)(a) of the act is available to the company-petitioner on admitted facts.24. the decision of a learned single judge of madras high court (lakshmanan j. as his lordship the ..... this is done, the presumption that the appellant-company was unable to pay its debt because of non-payment after the statutory notice under section 434 of the act, shall arise and prevail. it was also contended that the appellant-company is unnecessarily bringing in public interest element in a purely commercial and statutory matter. according ..... by m/s. sand plast (india) ltd., (hereinafter referred to as the 'appellant-company') which is a company registered under the provisions of the companies act, 1956 (in short 'the act') against an order dated 19.3.2001 admitting a petition for its winding up, filed by m/s. i.t.c bhadrachalam finance and investment ltd. .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-11-2001
Reported in : 2001(4)WLN609
..... sessions judge khetri (distt. jhunjhunu) whereby the accused appellant jaiveer singh was convicted under section 302 of the indian penal code and section 27 of the indian arms act and sentenced against section 302 ipc to undergo rigorous life imprisonment with fine of rs. 200/- (in default to further undergo six months r.i.) and against section ..... find witness who has not made any embellishment or exaggeration, and therefore, in such case court would be justified in separating the chaff from the grain and then act upon the grain. but where the evidence consists of only chaff as in the present case, question of separating chaff from the grain would not arise.'(22). we ..... according to him the seals of the packets were intact throughout. country made pistol recovered from co-accused raj pal singh (convicted under section 3/25 of the arms act) was also sent to fsl. report of fsl is ex. p.44. the report after physical and chemical examination of barrel residues indicated that country made pistol .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-11-2001
Reported in : 2007(3)WLN95
..... bhanwar lal and huge quantity of explosive substance was there in the case for adding the charge against the respondents accused under sections 3 & 5 of the explosive substance act, 1908. according to him the trial court should have framed charge against the respondents no. 2 and 3 for the offence under sections 3 and 5 of the ..... .2000 the learned trial judge has already framed the charges against the accused on 10.1.2000 for the offences punishable under sections 5a and 9b of the explosive act and also under sections 286, 337, 338 and 304a ipc. when this was pointed to mr. mehta for the petitioner then he requested this court to consider ..... 219/1999 rejecting his application for taking cognizance against both the respondents no.2 and 3 accused for the offences under sections 3 and 5 of the explosive substance act, 1908.3. learned counsel shri manish shishodiya appearing for the respondents no.2 and 3 raised a preliminary objection regarding the maintainability of this petition on the ground .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-04-2001
Reported in : 2007(3)WLN401
..... but does not extend to business as a going concern which includes assets with liabilities. thus transfer of properties under section 29 of the state financial corporation act itself does not envisage transfer of business as a going concern. at best it envisages taking over the management of the business of industrial unit for the purpose ..... to section 29 of the state financial corporation act, 1951, which reads as under:29. rights financial corporation in case of default--(1) where any industrial concern, which is under a liability to the financial ..... a result of sale conducted by the state financial corporation in exercise of its powers under section 29, specific provisions have been made under state financial corporation act as to what encumbrances will carry along with such transfers to the transferee and what shall be not so carried; in this connection, reference may be made .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-27-2001
Reported in : 2001(3)WLC476; 2007(3)WLN19
..... the defence then the court may decline to strike out the defence. the discretion under section 13(5) of the rajasthan premises (control of rent and eviction), act being a judicial discretion, it is necessary that the court should exercise this discretion in the matter of striking out defence in a judicial manner. since both the ..... under section 15(7) is that the tenant is deprived of the protection given by section 14, and therefore, the powers under section 15(7) of the act must be exercised with the circumspection. thus these cases though dealing with the provisions couched with the discretion in language, it visualises a tenant placed in unforeseen circumstances ..... that the plaintiff non-petitioner filed a suit for eviction against the petitioner inter alia on the ground of default as contemplated by section 13(1)(a) of the act. the learned trial court made provisional determination of rent, that amount was deposited. however, thereafter, since 8.10.1994 the defendant did not or could not .....
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