Court : Rajasthan
Reported in : 2004CriLJ3253; RLW2005(1)Raj90
..... under sections 302, 303, 307, 147, 148, 149, 458 i.p.c. and under section 3 (1)(v) of sc/st (prevention of atrocities) act and proceeded with investigation. dw-7 bal singh who was posted at the open air camp informed the authorities of central jail, jodhpur as well as to the police. pw-8 nand singh, jailor ..... conspiracy part of the case is also of significance. conspiracy consists not in the intention but in the agreement of two or more persons to do an unlawful act or lawful act by unlawful means. to bring home the charge of conspiracy within the ambit of section 120-b, i.p.c., it is necessary to establish that there ..... ' panchayat and other committees. panchas are elected by the prisoners. there are certain nominations by the inspector general of prisons. prisoners' panchayat is empowered to deal with minor acts of omission/commission/ misconduct of the prisoners. it has been vested with the power to impose penalty on the defaulters to certain extent. prisoners are supposed to attend roll .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ1853; 1996(1)WLC596
..... in the house and, therefore, the khunt had already been recovered by the police. it cannot be said to be a discovery made under section 27 of the indian evidence act. this evidence, also, therefore, cannot be read against the accused-appellant.16. the last evidence, on which reliance has been placed by the prosecution and which has been believed by ..... in all respects, leaving no reasonable ground of conclusion consistent with the innocence of the accused and it must be such as to show that within all human probabilities she act must have been done by the accused. in view of the law laid-down by the supreme court, in the case where the evidence is of circumstantial nature, it has .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(4)Raj2706; 2004(1)WLC30
..... the society and ought to rise up to the society and ought to rise up to the occasion to do the needful in the matter and as such ought to act in a manner so as to subserve the basic requirement of the society.'12. on 17-6-1987 a meeting was convened at the district office, udaipur, consisting of the .....
Tag this Judgment!Court : Rajasthan
Reported in : II(1999)DMC260; 1999(2)WLC47; 1998(1)WLN573
..... even the paternals were not informed about the death of the deceased and, therefore, it was a fit case where the presumption under section 113b of the evidence act deserves to be drawn and held the offence under section 304b read with section 498a, indian penal code proved. the learned additional sessions judge has, however, acquitted ..... . the doubts which have been tried to be created by the defence is not sufficient. presumption is available against the accused under section 113b of the evidence act.26. the acquittal under section 201, indian penal code does not absolve the accused appellant from the offence under section 304b because the ingredients of section 201, ..... indian penal code are not supported by any presumption, which can be drawn under any provision of the evidence act. the offence under section 201, indian penal code has to be independently proved. but the offence under section 304b, indian penal code can be established by .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(2)Raj1353; 2005(2)WLC164
..... 304 ipc. in our considered opinion of the facts and circumstances of this case the act of the appellant is one of causing grievous hurt with a deadly weapon which is punishable under section 326 ipc'.18. so far as the case of state of andhra ..... court that the injury in question was caused during a melee in which 6 persons took part therefore in our opinion on the facts and circumstances of this case, the act of the appellant in causing injury to the deceased which led to his death, cannot be the one which could be construed even as an ..... act of culpable homicide not amounting to murder. therefore, to that extent in our opinion the high court feel in error in holding the appellant guilty for an offence under section .....
Tag this Judgment!Court : Rajasthan
Reported in : 2(2006)DMC568
..... ipc. it is not always necessary that there be any agreement for dowry. 38. from a careful reading or section 304b, ipc read with section 113b of the indian evidence act and the observations made by the hon'ble apex court, it appears that the necessary ingredients which are required to be proved by the prosecution in relation to section 304b ..... the manner and requirement of dowry related harassment. but, in section 304b of the indian penal code it appears that in view of section 113b of the indian evidence act, when a question is raised as to whether a woman was subject to dowry death and the prosecution case is that soon before her death such woman had been subjected ..... .32. before examining the contentions, it is to be seen as to what are the requirements of section 304b of the ipc as well as section 113b of the evidence act to raise presumption in such matters. for the sake of convenience, the sections are reproduced hereunder:304b. dowry death-(1) where the death of a women is caused by .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987WLN(UC)646
..... not employed in his concern by use of coercive process of disciplinary jurisdiction. from the observations made by the hon'ble supreme court it is clear that the act complained of must have some rational connection or bearing on the contract of employment between employer and employee. the government has issued circulars from time to time relating ..... the appellant for misconduct relating to morality also, as no charge-sheet has been served upon him in this regard. it may further be observed that the act for which the appellant was placed under suspension has no rational connection or bearing on the contract of employment between the state as employer and the government servant ..... put under suspension, then such a power may be termed as arbitrary power. a government servant may be facing trial of a minor offence under the motor vehicles act. would it mean that he should be placed under suspension because he is facing trial? thus it leads us to infer that government servant could be placed .....
Tag this Judgment!Court : Rajasthan
Reported in : III(2006)ACC233; 2006WLC(Raj)UC223; 2006(3)ACC233; 2006(4)ALJ514(EE)
..... of consideration to the transferor by the transferee. the registered owner is also liable to pay the compensation as he is deemed owner under the provisions of the motor vehicles act till the registration is transferred in the name of transferee.6. in view of the above, the contention of learned counsel for the appellant that the tribunal should have fastened .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1553; 2002(5)WLC67; 2002(5)WLN426
..... that multiplier cannot exceed 18 years purchase factor. in the instant case, deceased was 40 years of age and the second schedule to section 163-a of the m.v. act, 1988 which can be taken as a guideline provides the multiplier for a different age group of the victims and for the age group from 40 years to 45 years ..... the death of a young boy.9. the tribunal failed to award the interest from the date of application. section 171 of the act provides that where any claims tribunal allows a claim for compensation made under this act, such tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from .....
Tag this Judgment!Court : Rajasthan
Reported in : (2002)177CTR(Raj)165
..... ) on the ground that under similar circumstances no penalty was levied in the case of sister concern ?' 2. in the proceedings under section 271(1)(c) of the income tax act, a penalty of rs. 19,320 was levied. the commissioner confirmed the penalty. the tribunal held that out of the total addition of rs. 29,267, penalty was rightly imposed ..... by the courtthis reference application at the instance of revenue under section 256(2) of the income tax act, 1961, has been filed seeking opinion of this court on the following questions :'1. whether on the facts and in the circumstances of the case of tribunal is legally justified .....
Tag this Judgment!