Court : Rajasthan
Decided on : May-23-2001
Reported in : II(2002)DMC637; 2001(3)WLC769; 2002(2)WLN409
..... the orders of the court but in the instant case, it appears from the record that prabhulal and gautam bhaskar acted with utter negligence. the magistrate concerned is, therefore, expected to inquire into the matter and take action against the faulting police officer.21. having considered the evidence ..... unnatural. both the investigating officers adopted a partial attitude and did not act independently. when complaint of goliram was forwarded under section 156(3) cr.p.c. it ought to have been investigated. the investigating officer, was expected to obey ..... a tall story which is difficult to believe. a father who had lost his daughter in the suspicious circumstances within three years of her marriage would not have acted in a casual manner and demand price of her lost daughter. we also find the conduct of prabhulal (pw.19) and gautam shaskar (pw.20) highly .....
Tag this Judgment!Court : Rajasthan
Decided on : May-23-2001
Reported in : 2002(1)WLC724; 2007(3)WLN568
..... was registered as fir no. 102/2000 for offence under sections 363 and 366 i.p.c. and section 3(1)(xii) of the sc and st (prevention of atrocities) act, 1989. it is alleged in the report that the petitioner was kidnapped by amar singh in nov., 1999 and again on 16.4.2000.4. during pendency of investigation, the .....
Tag this Judgment!Court : Rajasthan
Decided on : May-14-2001
Reported in : 2007(3)WLN261
..... section 325 i.p.c. and accused appellant prabhura for offence under section 323 i.p.c. and released them on probation under section 4 of the probation of offenders act and further directed to pay compensation to the injured persons. the learned additional sessions judge acquitted rest of the accused.6. aggrieved from the said judgment, this appeal has been ..... section 323 i.p.c, but instead of sentencing them the learned additional sessions judge released them on probation under the provisions of section 4 of the probation of offenders act, 1958 and further directed that the accused appellant rupa ram would pay rs. 5000/- as compensation to injured p.w. 3 poma ram and accused appellant bhuria would pay rs .....
Tag this Judgment!Court : Rajasthan
Decided on : May-11-2001
Reported in : 2007(3)WLN184
..... that on earlier occasion, they had come against the order passed by the learned magistrate framing charge under section 138 of the act and those petitions were dismissed. however, learned counsel mr. mathur submitted that it was not necessary for them to mention the aforesaid fact because they have ..... misc. petition as well as revision petition filed by the accused petitioners against the order passed by the learned magistrate framing charge under section 138 of the act.7. in my considered opinion, this fact itself was sufficient to dismiss this petition because the accused persons were required to disclose this fact in this petition ..... the aforesaid orders passed by the learned single judge dismissing the petitions against the order passed by the learned magistrate framing charge under section 138 of the act, the petitioners had not carried the matter further to the hon'ble supreme court. but surprisingly, they had later on filed another application dated 5.2 .....
Tag this Judgment!Court : Rajasthan
Decided on : May-10-2001
Reported in : 2002(1)WLC216; 2007(3)WLN373
..... institution, challenging the order dated 7.4.2001 (annex.5) passed by state govt. in purported exercise of its power under section 97 of the rajasthan panchayati raj act, 1994 directing stay of the operation of order passed by divisional commissioner, bikaner on 21st march, 2001 declaring the respondent no.3, the sarpanch of said gram panchayat, ..... into the disqualification of the holder of an office of any panchayati raj institution and on finding that any person suffers from any disqualification under section 19 of the act of 1994, he is required to declare the office to be vacant.3. learned counsel for the respondent no.3 joins issue on that ground. he has ..... to be a proceeding of the panchayati raj institutions namely the panchayati, the panchayat samiti or the zila parishad as the institution established under chapter-ill of the act in relation to the powers to be used and obligations to be discharged by it through various holders of offices under those institutions.11. in the aforesaid .....
Tag this Judgment!Court : Rajasthan
Decided on : May-10-2001
Reported in : 2007(3)WLN252
..... that death could be likely to cause by his act.12. consequently, this appeal is partly allowed. accordingly, we set aside the conviction of the appellant under section 302 i.p.c. and sentence of imprisonment of life thereunder instead ..... -3 balwinder singh has stated almost in the line of pw-2 makhan singh. nothing has been elicited from this witness as well to discredit his testimony.9. pw-4 bal karan, pw-7 shankar lal and pw-8 ramawatar are formal witnesses. pw-6 abdul aziz, s.h.o. police station purani abadi, ganganagar has given the details of investigation ..... he could have used the kassi from the sharp edged side. he did not repeat the blow as such it cannot be said that he had taken undue advantage or acted in a cruel or unusual manner. hence, offence will be one of culpable homicidal punishment under section 302 part-ii i.p.c. as the appellant was with the knowledge .....
Tag this Judgment!Court : Rajasthan
Decided on : May-09-2001
Reported in : 2002(5)WLC517; 2002(4)WLN146
..... proved that the offence is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual manner. simply because a single injury was caused and there was no previous enmity between the parties the offence will not fall in exception ..... the person of deceased was caused without premeditation and in a sudden fight upon a sudden quarrel and in the heat of passion and without taking undue advantage or acting in a cruel or unusual manner.29. in the matter at hand all these ingredients of exception 4 of section 300 ipc are lacking because hem singh deceased alongwith ..... but at the cost of prolixity we will not like to mention them.32. in the legal and factual aspects mentioned above, it can be safely said that the act of accused appellant sushil kumar causing a severe knife injury on the left chest of hem singh without any sudden fight or sudden quarrel cannot fall under exception 4 .....
Tag this Judgment!Court : Rajasthan
Decided on : May-08-2001
Reported in : 2007(3)WLN339
..... the appellant before the supreme court was a building contractor at rajnandgaon in madhya pradesh and was a registered dealer under the madhya pradesh general sales tax act, 1958. the appellant agreed to construct 'foodgrain godowns' and ancillary buildings at rajnandgaon for the central public works department. the contract was an item rate ..... this undisputed premise, the question arose whether properties of punjab state situated within union territory of delhi could be subjected to any tax by such an act of parliament in view of exemption of state properties from union taxation envisaged under article 289(1) of the constitution. question of difference in treatment for ..... case, the minority as well as majority judgment laid it clear that the three clauses of article 289 are not independent but are interdependent and successive clause acts as an exception to preceding clause. for the purpose of understanding, the ratio of two opinions and territory of difference, it would need a closer look .....
Tag this Judgment!Court : Rajasthan
Decided on : May-04-2001
Reported in : 2007(3)WLN171
..... .for trying civil suits, a complete code of civil procedure is there and before the civil courts, the lawyers are entitled to appear whereas under the provisions of family courts act, the lawyers are not entitled, the parties have to plead their own cases before the family courts unless and until in a case, special permission is granted by the family .....
Tag this Judgment!Court : Rajasthan
Decided on : May-03-2001
Reported in : 2001(3)WLC504; 2007(3)WLN85
..... magistrate, the learned magistrate passed the order taking cognizance against the respondent no.2 under sections 323, 451 and 504 ipc and also under section 3 of the sc/st act and ordered to issue arrest warrant against the accused on 26.3.1996.5. the aforesaid order of learned trial magistrate was challenged by the respondent no.2 by way ..... his house and abuse him with his caste, thereby, he committed offence under sections 323, 451 and 504 ipc and under section 3 of the sc/st (prevention of attrocities) act.4. after completing the investigation, final report was submitted on 13.4.1993 by the police. but on an application made by the petitioner, cid (c.b.) was ordered to .....
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