Court : Rajasthan
Decided on : Apr-04-2003
Reported in : RLW2003(4)Raj2451
..... then strenuously argued that the suit property having been acquired, the agreement of sale has become void due to doctrine of frustration provided under section 56 of the indian contract act as has been held in the case of 'piarey lal v. hori lal' (7). his next contention is that the agreement for sale does not confer any title as held ..... 'so as to affect the rights of any other party thereto under any decree or order which may be made therein' used under section 52 of the transfer of property act have been explained and interpreted in this authority. learned counsel has also argued that the sale-deed made in pursuance to agreement made earlier in time during the pendency of ..... argued on the strength of the case of 'nagubai ammal and ors. v. b. shama, rao and ors.' (6), that the effect of section 52 of the transfer of property act is not to wipe out a sale pendente lite altogether but to subordinate it to the rights based on the decree in the suit. the sale pendente lite remains operative .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-04-2003
Reported in : RLW2003(4)Raj2323; 2003(3)WLC265
..... documents which are not admissible into evidence. these documents pertain to criminal litigation and the application under section 12 of the rajasthan premises (control of rent & eviction) act, 1950 for restoration of basic amenities of electricity and water and these documents do not throw any useful light on the controversy involved in the appeal which was pending ..... a copy of the order dated 6.8.1986, 19th document is a copy of the application under section 12 of the rajasthan premises (control of rent & eviction) act, 1950, 20th document is a copy of the application under section 151 cpc dated 28,7.1983, 21st document is a copy of the house tax diary 1974-75 ..... v. ayyasamy and anr.' (21), the hon'ble supreme court has held as under :-'needless to record that the courts shall have to be cautious and must always act with great circumspection in dealing with the claims for letting in additional evidence particularly, in the form of oral evidence at the appellate stage and that too, after a .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-04-2003
Reported in : AIR2004Raj63; RLW2003(4)Raj2652; 2003(3)WLC575
..... is that the appellate court will not interfere in the judgment of the court below unless there are compelling reasons. there is a presumption under section 90 of the evidence act about the genuineness of a document produced from proper custody. according to him, where the parties were alive to real contro-, versy and had led evidence in support of ..... court. rule 23 deals with a case of remand where the suit has been disposed of on a preliminary point and ruie 23-a which was inserted by cpc amendment act of 1976 deals with the powers of the appellate court with regard to remand in cases disposed of otherwise on a preliminary point and provides that the appellate court shall ..... have considered these rules and have held as under :'prior to the insertion of rule 23-a in order 41 of the code of civil procedure by the cpc amendment act, 1976, there were only two provisions contemplating remand by a court of appeal in order 41 cpc. rule 23 applies when the trial court disposes of the entire suit .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-02-2003
Reported in : RLW2003(4)Raj2516; 2003(3)WLC531
..... persons made a confessional statement in the panchayat the police was also present. thus, the statement made in presence of the police is hit by section 26 of the evidence act and is not admissible in evidence.(16). reverting to the first extra judicial confession made before smt. radha is concerned, it does not inspire confidence. the witnesses have not given ..... judicial confession if free from any suspicion as to its voluntary character and has also a ring of truth, it is admissible in evidence against the accused and can be acted upon. reference may be made to the decision of the apex court in thimma v. the state of mysore (2). it is held by the apex court in narayan singh .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-01-2003
Reported in : II(2003)DMC621; RLW2003(4)Raj2711; 2003(3)WLC255
..... the court cannot start with the presumption that the police records are untrustworthy. as a proposition of law the presumption should be the other way around. that official acts of the police have been regularly performed is a wise principle of presumption and recognized even by the legislature. hence when a police officer gives evidence in court that ..... through cross examination of witnesses or through any other materials, to how that the evidence of the police officer is either unreliable or at least unsafe to be acted upon in a particular case. if the court has any good reason to suspect the truthfulness of such records of the police the court could certainly take into account ..... of the learned counsel that recovery of the fire arm at the instance of the appellant is highly doubtful. the appellant gave information under section 27 of the evidence act about the recovery of fire arm used in commission of the offence. the said information was recorded in the memo ex. p. 44 and on the basis of .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-31-2003
Reported in : (2003)183CTR(Raj)526; [2004]265ITR98(Raj)
..... learned tribunal was justified in considering the amount of rs. 11,074 and rs. 30,109 as undisclosed income under section 158bb of the it act of 1961 r/w section 158b(b) of the same act particularly after the retrospective amendment in section 158bb(1)(c) in respect of the sources which are not undisclosed being regular business profit and ..... 1. in this appeal, following questions are proposed stating that these questions involved substantial questions of law :'whether the notice issued under section 158bc of the it act of 1961 by the ao in the present case to file the return 'within 15 days' does not violates the provision of section 158bc which requires the ..... the jurisdictional high court decision, the addition of an estimated amount of rs. 2,00,000 under section 69 of the act of 1961, is justified particularly in case of requisition under section 132a of the it act of 1961 ?''whether, in facts and circumstances of the case and in view of the definition of undisclosed income contained in .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-31-2003
Reported in : II(2003)ACC327; 2004ACJ1028; 2003WLC(Raj)UC671
harbans lal, j.1. these two civil misc. appeals under section 173 of the motor vehicles act, 1988 (hereinafter referred to in short 'the act') are directed against the common award dated 11.10.1995 passed by learned judge, motor accidents claims tribunal, jaipur city, jaipur (hereinafter referred to in short 'the tribunal'). therefore, these .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-28-2003
Reported in : RLW2003(4)Raj2455; 2003(4)WLC126
..... kumar and ors. v. state of rajasthan and anr. (2). the division bench has held that in absence of any specific rules to the contrary, there is no jurisdiction in act granting benefit of the marks obtained at the subsequent examination of secondary school taken for improving of marks even after passing higher qualifications. the judgment in case of om prakash .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-25-2003
Reported in : 2003CriLJ3413; RLW2003(4)Raj2482; 2003(3)WLC161
..... sub-inspector of police. he was prosecuted for the offence under section 7, 13(2) read with section 13(1)(d)(i)(ii) of the prevention of corruption act. he was convicted and sentenced by learned additional sessions judge, madras. in appeal the madras high court came to the finding that all the relevant materials including the ..... sufficient mental tension by way of contesting the case in the court all these years. therefore, it is not the case where the prosecution evaded the stringent provisions of the act, 1988. similar view was taken in k.p. sinha v. aftabuddin (7) and varindmal v. radha krishna and ors. (8). it was argued and rightly so ..... code received amounts by selling tickets and dishonestly misappropriating them. the said essential facts, if established, clearly make out an offence under section 5(1)(c) of the act, 1947 and therefore, the previous sanction of the superior officer was a condition precedent for the filing of the complaint. by ignoring one of the essential facts, the .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-25-2003
Reported in : AIR2003Raj249; RLW2003(4)Raj2340; 2003(3)WLC126
ORDERGyan Sudha Misra, J. 1. The petitioner has challenged the letter dated 7-2-2003 issued by the Nagar Nigam, Jaipur indicating that the plan submitted by him for sanctioning the construction of a high-rise building could not be approved and the plan could not be passed because the height of the building exceeds 27.30 meters which is against the decision of the State Government as indicated in the letter dated 24-9-2002 issued by the Secretary, Urban Development and Local Self Department vide Annex. 9, that high-rise building could not be permitted to be raised by anyone including the builder. The counsel for the respondent-Jaipur Nagar Nigam Mr. Shyam Arya had thereafter submitted that Nagar Nigam is left with no option than to reject the building plan of the petitioner as it is bound by the instructions of the Government. 2. The first question in this regard which arises is whether the Jaipur Nagar Nigam can be held to be bound by the instructions of the Government, but it is not n...
Tag this Judgment!