Court : Rajasthan
Decided on : May-01-2001
Reported in : 2001CriLJ3719
..... certificate ex. p/11, this witness is deaf and dumb by birth and, therefore, the learned trial judge took the help of section 119 of the indian evidence act and proceeded further under that section and this witness was not administered oath and on being asked, she only uttered the words (vernacu lar matter omitted) and by saying ..... .25. it is well settled that although legally there is no bar to accept the uncorroborated testimony of a child witness yet prudence requires that courts should not act on the uncorroborated evidence of a child whether sworn or unsworn. this was so held by their lordship of the privy council in mohamed sugal esa mamasan rer ..... to an adult, goes only to the credibility of the witness and not his competency. the question of competency is dealt with in section 118 of the indian evidence act. every witness is competent unless the court considers he is prevented from understanding the questions put to him, or from giving rational answers, by reason of tender years, .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-30-2001
Reported in : 2001(3)WLN380
..... .- (a) .....(b) .....(c) .....(d) .....(e) .....(f) .....(g) commits gang rape'..... explanation-1. - where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the person shall be deemed to have committed gang rape within the meaning of this sub-section.51. thus, clause (g) of ..... accused appellant sushil kumar of the charges for the offence under sections 363, 366, 342, 376 ipc and section 3(2)(v) of the sc/st act and sentenced him for the said offences vide order of sentence dated 9.2.1999 in the following manner:-name of accused appellantconvicted under sectionsentence awardedsushil kumar363 ipctwo ..... accused appellant dhruvendra singh of the charges for the offence under section 363, 366, 342, 376 ipc and section 3(2)(v) of the sc/st. act and sentenced him for the said offences vide order of sentence dated 9.2.1999 in the following manner:-name of accused appellantconvicted under sectionsentence awardeddhruvendra singh363 ipctwo .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-26-2001
Reported in : AIR2001Raj338; 2002(5)WLC868
..... merit. nothing has been brought to the notice of the court that the property in question for which the succession certificate was being sought under section 372 of the succession act was of ancestral nature. onus was on the appellant. no such onus has been discharged. rather, it has come in the evidence that the property in question was owned ..... anand sons and daughters of shri chunni lal bhatia and kumari smita bhatia wife of shri k. b. bhatia.3. suit was filed under section 372 of the indian succession act, 1925 stating therein in the application that the deceased sudershan bhatia, husband of smt. poonam bhatia and father of kumari smita bhatia had property at jaipur and delhi. the ..... but when it relates to the question of law, such admission cannot be made binding.39. in the case of premchand hira v. bal galal, air 1927 bombay 594, in a divorce case under the divorce act, it was held that the marriage is to be strictly proved. the case has no bearing to the facts of the present case.40 .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-26-2001
Reported in : 2001(4)WLN135
..... , j.1. this appeal has been filed by the accused appellants againstthe judgment and order dated 17.6.2000 passed by the learned special judge, sc andst (prevention of atrocities) act cases, jodhpur in sessions case no. 70/99 by whichthe learned special judge has convicted the accused appellants for offences under section304b and 498a l.p.c. and has sentenced ..... section 304b i.p.c. is allowed after setting aside the judgment and order dated 17.6.2000 passed by the learned special judge, sc and st (prevention of atrocities) act cases, jodhpur. ii) the appeal of the accused appellants channa ram, bhaira ram and mrs. samda against their conviction and sentence for offence under section 498a1.p.c. is dismissed .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-26-2001
Reported in : 2007(2)WLN712
..... against the acquittal of daya ram whereas criminal appeal no. 132/1985 is filed by the accused chetan ram, both of them having been prosecuted under the prevention of corruption act, 1947. at the relevant time, daya ram was working as revenue inspector and chetan ram as patwari. it is alleged that they demanded and accepted bribe of rs. 500/-. the .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-26-2001
Reported in : 2007(3)WLN319
..... arrested on 13.5.1995 at 4.45 p.m. vide arrest memo ex.p/10. he gave voluntary disclosure statement ex.p/17 under section 27 of the evidence act at 4.30 p.m. on 14.5.1995. but in pursuance of ex.p/17 the knife could not be recovered because remand of the accused appellant was to ..... the offence falls under culpable homicide not amounting to murder. in our view offence under section 302 ipc is not proved because the accused has not acted in a cruel or unusual manner and his act falls under exception 4 of section 300 ipc.19. in state of madhya pradesh v. jhaddu and ors. : 1990(2)scale515 , the deceased had sustained injuries .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-26-2001
Reported in : 2003ACJ897
..... the statutory liability only which was found to be correct.16. there are number of authorities wherein it has been settled that before the amendment in the motor vehicles act, the liability of the insurance company is limited to the extent of statutory liability and as such in the present case the award of the tribunal wherein the accident ..... -section (2) of section 95 of the act.11. so is the position in the case of rajendra kumari v. shanti trivedi 1989 acj 517 (sc), who was a passenger in the hired car. it had collided ..... insured, the claimant had sustained injuries, it was held that prior to the amendment of 1969 the insurance company was liable to such amount as provided in the motor vehicles act. no additional amount was paid of premium and thus the liability and the policy in the instant case was same as statutory liability contemplated under clause (b) of sub .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-25-2001
Reported in : II(2002)ACC606; 2002(1)WLC620
..... the statutory liability only which was found to be correct.16. there are number of authorities wherein it has been settled that before the amendment in the motor vehicles act, the liability of the insurance company is limited to the extent of statutory liability and as such in the present case the award of the tribunal wherein the ..... (2) of section 95 of the act.11. so is the position in the case of smt. rajendra kumari and anr. v. smt. shanta trivedi and ors. : [1989]1scr761 , who was a passenger in ..... comprehensively insured, the claimant had sustained injuries, it was held that prior to amendment of 1969 the insurance was liable to such amount as provided in the motor vehicles act. no additional amount was paid of premium and thus liability and the policy in the instant case was same as statutory liability contemplated under clause (b) of sub-section .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-24-2001
Reported in : 2002(3)WLN261
Garg, J.1. This appeal has been filed by the state of Rajasthan against the judgment and order of acquittal passed by the learned Chief Judicial Magistrate on 11.10.99 in Criminal Case No. 214/91 by which the learned Magistrate acquitted the accused respondents for the offence under Sections 420, 467, 468, 471 and 120-B I.P.C. on the ground of non-production of evidence by the prosecution. 2. It arises in the following circumstances:(i) The case of the prosecution in short is that on 29.9.89, Shri Ram Singh, Sub Inspector, Vigilance, Jaipur camp Hanumangarh lodged a report with the Police Station Kotwali Hanumangarh Junction slating that the accused respondent Murari Lal in conspiracy with other accused respondents presented an application showing himself as Mani Ram S/o Ladu Ram Meghwal, resident of Rampura in the office of Roadways, Bikaner and impersonating himself as Mani Ram got service as conductor. (ii) On this report, a case was registered and investigation was commenced. (ii...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-24-2001
Reported in : 2002(3)WLN261
Sunil Kumar Garg, J.1. This appeal has been filed by the State of Rajasthan against the judgment and order of acquittal passed by the learned Chief Judicial Magistrate on 11.10.99 in Criminal Case No. 214/91 by which the learned Magistrate acquitted the accused respondents for the offence under Sections 420, 467, 468, 471 and 120B I.P.C. on the ground of non-production of evidence by the prosecution.2. It arises in the following circumstances:(i) The case of the prosecution in short is that on 29.9.89, Shri Ram Singh, Sub Inspector, Vigilance, Jaipur camp Hanumangarh lodged a report with the Police Station Kotwali Hanumangarh Junction stating that the accused respondent Murari Lal in conspiracy with other accused respondents presented an application showing himself as Mani Ram S/o Ladu Ram Meghwal, resident of Rampura in the office of Roadways, Bikaner and impersonating himself as Mani Ram got service as conductor.(ii) On this report, a case was registered and investigation was commenc...
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